CHAPTER 582

An Act to provide a charter for the town of Stuart, in the county of
Patrick, and to repeal Chapter 60 of the Acts of Assembly of 1884,
approved November 22, 1884, as amended, providing a charter for
the town of Stuart, in Patrick county.

[H 604]

Approved April 3, 1952

Be it enacted by the General Assembly of Virginia:
1. § 1. That the Town of Stuart, in the County of Patrick, as the
same has heretofore been, or may hereafter be laid off in lots, streets
and alleys, and as its limits are, or may hereafter be established by law,
is, and shall continue to be, a body politic and corporate by the name
of Stuart, and as such shall have and may exercise all powers which are
now, or hereafter may be, conferred upon or delegated to towns under
the Constitution and laws of the Commonwealth of Virginia, as fully and
completely as though said powers were specifically enumerated herein, and
no enumeration of particular powers by this charter shall be held to be
exclusive.

§ 2. The boundaries of said town are, and shall continue to be as
follows:

“Beginning at a walnut tree on Mayo River, near where Staples
and Williams mill formerly stood; thence down the river as it meanders
to the crossing in what was formerly known as Lybrooks (and now known
as Clark’s) bottom; thence a straight line to mill branch at a point just
below the old site of the Bishop turning—lathe; thence up the branch as
it meanders to the fork of said branch near what was formerly known
as Nowlin’s spring; thence a straight line to the northeast corner of
what was formerly known as the Turner Orchard; thence with the road
(now street) by what was formerly known as Col. A. Staples’ residence,
to a cherry tree on the old road leading to Rye Cove; thence a straight
line to the point of beginning.” In addition to the foregoing boundary,
which was the original boundary of the Town of Stuart, there is now
included along with the foregoing the following two parcels of land that
were annexed and taken into the Town of Stuart by an order of the
Circuit Court of Patrick County, Virginia, entered on December 8th,
1939, which parcels are now parts of the town, and are bounded as fol-
lows, to-wit:

1. “BEGINNING at an iron stake 2 feet East of the dividing line
between the property of J. J. West and the J. C. Shockley estate, and at
a point S. 40 deg. E. 999 ft. from an iron stake on Mill Branch 60 feet
below the fork of the branch and just below the Nowlin old spring, which
bearing and distance of the 999 ft. line is a line of the old corporate
survey, thence off a new line, N. 84 deg. 15’ W. 1365.2 feet to a telephone
pole on the West margin of the Virginia-United States Highway No. 58,
thence 8S. 75 deg. 30’ West crossing a branch at 100 feet, 1364.7 feet in
all to a point in the West line of the E. E. Branscome residential lot,
thence running through the property of I. C. DeHart, S. 37 deg. W. 270.5
feet to a spanish oak, thence running around the top of a bluff, S. 63
deg. W. 206.5 feet to a chestnut oak, N. 89 deg. W. 173.5 feet to a point
2 feet North of a chestnut oak, N. 6614 deg. W. 650 feet to a point in
S. Mayo River at a high foot log 75 feet below the fork of the river,
thence down the river as it meanders, 3160 feet more or less to the bridge
on Rye Cove Road over the river, thence running with the road as it
meanders, N. 10 deg. 45’ E. 103 feet, N. 79 deg. E. 100 feet, S. 84 deg.
30’ E. 100 feet, S. 69 deg. 30’ E. 300 feet, S. 88 deg. 30’ E. 100 feet, N.
47 deg. 45’ E. 384.5 feet, S. 63 deg. 45’ E. 100 feet, S. 18 deg. W. 240.5
feet, S. 17 deg. E. 100 feet, S. 45 deg. E. 100 feet, S. 70 deg. E. 100 feet,
S. 82 deg. 15’ E. 100 feet, N. 73 deg. 45’ E. 190 feet, S. 87 deg. E. 100
feet, S. 7 deg. E. 100 feet, S. 59 deg. E. 55 feet, N. 39 deg. 45’ BE. 90 feet,
N. 35 deg. 30’ E. 500 feet, N. 29 deg. 30’ E. 422.5 feet to a point in the
said Rye Cove Road where the old corporate line crossed said road, thence
running with the old corporate line, N. 34 deg. 50’ W. 812 feet to an
iron stake on the South margin of the formerly old Rye Cove Road,
thence running with Staples Avenue, N. 2 deg. W. 186 feet, N. 6 deg.
30’ W. 325 feet, N. 14 deg. 30’ E. 800 feet, crossing Blue Ridge Street
to a point in the Northern edge of the Street in front of L. B. Rucker’s
residence, thence N. 40 deg. E. 320 feet to the point of BEGINNING,
containing 160 acres.”

2. “BEGINNING at the mouth of Campbell’s Mill Branch on South
Mayo River, thence up the branch as it meanders, N. 33 deg. 30’ E. 100
feet, N. 53 deg. 30’ E. 59 feet, N. 5 deg. 15’ E. 175 feet, N. 1 deg. 45’ E.
435 feet, N. 49 deg. E. 100 feet, N. 30 deg. 30’ E. 100 feet. N. 45 deg. 15’
E. 153 feet, N. 35 deg. W. 327 feet, N. 50 deg. W. 240 feet, N. 9 deg.
W. 278 feet, N. 22 deg. 30’ E. 58 feet, N. 18 deg. W. 45 feet to a point
at an angle in the branch, thence leaving the branch with the line of the
old corporate line, S. 33 deg. W. 1220 feet to South Mayo River just below
the bridge, or trestle, of the side track of the D. & W. R. R. leading to
the Band Sawmill Plant, thence down the river as it meanders, S. 42
deg. 30’ E. 376 feet, S. 33 deg. 15’ E. 308 feet, S. 63 deg. 30’ E. 168 feet,
S. 25 deg. 15’ E. 200 feet to the place of the BEGINNING at the mouth
of Campbell’s Mill Branch on said River, and contains 20 acres.”

§ 3. There shall be elected by the qualified voters of said town on
the 2nd Tuesday in June, 1952, and every two years thereafter, one elector
of said town, who shall be denominated the Mayor, and five other electors,
who shall be denominated the councilmen of said town. The mayor and
councilmen shall constitute the Council of said town. The persons so
elected shall enter upon the duties of their offices on the ist day of Sep-
tember next succeeding their election, and shall continue in office until
their successors have qualified. Every person elected as a councilman
of said town shall take an oath to faithfully execute the duties of his
office to the best of his judgment. The person elected mayor shall take
the oaths prescribed by law for all State officers.

§ 4. The mayor and said councilmen shall, together, constitute the
council of said town; and in the council so composed, shall be vested all
of the corporate powers of the town.

§ 5. The municipal officers of said town shall, in addition to the
mayor, consist of a treasurer, sergeant, clerk of the council, who shall
act as commissioner of the revenue for said town, and such other officers
as the council may from time to time deem it necessary to have or employ ;
and the council may appoint such committees of the council and create
such boards and departments of town government and administration with
such powers and duties and subject to such regulations, as it may see
fit, consistent with the provisions of this act and the general laws of the
Commonwealth. The time of appointment of all officers may be prescribed
by the council, and they may be appointed for such term, not exceeding
two years, as the council shall provide, but all municipal officers shall
serve until their successors shall have qualified, unless otherwise provided
by the council.

§ 6. The duties and compensation of all municipal officers, except
as herein or by the general laws of the State defined or provided for, shall
be defined and prescribed by the town council.

§ 7. The council may appoint policemen and such other officers
and agents for the proper conduct and business of the town as they deem
necessary, prescribe their duties and fix their compensation and require
and take from them such bond or bonds with good security and in such
penalty as they may deem proper, with condition for the faithful dis-
charge of the duties of their offices. The sergeant of the town shall be
ex officio Chief of Police.

§ 8. The council shall have, subject to the provisions of the general
laws of the Commonwealth applicable to towns, the control and manage:
ment of the fiscal and municipal affairs of the town, and all property,
real and personal belonging to it, and may make such ordinances, orders
and by-laws and regulations as they may deem necessary to enforce and
carry out the powers vested in the council; and in addition thereto, the
following powers which are hereby vested in them:

1. To do any and all things that are permitted by the laws of the
Commonwealth to secure the inhabitants of the town from contagious,
infectious, and other dangerous diseases.

2. To establish and maintain a fire department in the town and
provide for the regulation of same, and to compel the residents of the
town to aid and assist the fire department when required so to do. They
shall have the power to establish fire limits in the town, within which no
building shall be erected without the council’s consent, unless the outer
walls thereof be so constructed as to comply with any building code or
ordinances of the town governing the same.

3. To regulate the operation of motor vehicles within the town and
to adopt ordinances for said purpose not in conflict with the State law
regulating the use, ownership and operation of motor vehicles, and to pre-
scribe punishment for the violation of such ordinances.

4. To regulate the building of stables, privies, and hog pens, to
require and compel the abatement and removal of all nuisances within
the said town, at the expense of the person or persons causing the same,
or the owner or owners of the ground wherein the same may be, the
collection of which said expense may be enforced in the same manner as
fines due to the town; to provide for the drainage of lots by proper drains
or ditches, to prevent or regulate slaughterhouses or the exercise of any
dangerous, offensive or unhealthy business, trade or employment within
the town.

5. To prevent hogs, dogs, cows or other animals from running at
large in the town, and may subject the same and the owners thereof to
such levies, taxes and regulations as they may think proper.

6. To restrain and punish drunkards, vagrants and street beggars,
to prevent vice and immorality; to preserve public peace and good order;
to prevent and quell riots, disturbances and disorderly conduct and as-
semblages; to suppress houses resorted to for the purpose of immorality
and houses used for gambling. purposes; to prevent and punish lewd, in-
decent and disorderly conduct or exhibitions within the town, and to expell
therefrom persons guilty of such conduct. _

7. To prevent any cow, horse, hog or other animal from injuring or
trespassing upon any public square or ground within the corporate limits
of the town, and to prevent the running at large of animals, and to pre-
scribe punishment for the owner of such animal or animals permitted to
trespass or run at large.

8. In addition to the powers conferred by the laws of the Common-
wealth, the council of said town shall have the power to lay off streets,
walks and alleys; alter, improve and light the same, and have them kept in
good order; to lay off public grounds and provide all buildings proper for
the town; to prescribe the times and places for holding markets and to
regulate the same; to establish, erect and regulate hospitals; to provide
for and order the removal of patients to such hospitals; to appoint and
organize a board of health for said town, with the authority necessary
for the prompt and efficient performance of its duties; to require the owner
or owners of homes and places of business in the town, or if the owner be
unknown or absent, the occupants of such homes or businesses to connect
all of their water closets and water drains with the sewer of the town, and
upon their failure to do so, the same shall be done by the town, and the
cost attending the same shall be collected from the occupants or owners
of such homes or businesses as taxes are permitted to be collected; to
prevent the riding or driving of horses or other animals upon streets of
the town at a speed or in such a manner as to be dangerous; to prevent
the sale of cigarettes to a minor without the consent of his parents or
guardian; to regulate the keeping of dynamite, gun powder or other com-
bustible materials, and to compel persons handling or possessing same to
provide proper magazines for same; to provide cemeteries and places
for the interment of the dead in or near town; to acquire or otherwise ob-
tain control of, or establish, maintain, operate, extend and enlarge water
works, gas works, electric plants, and other public utilities within or with-
out the limits of the town; to acquire within or without the limits of the
town by purchase, condemnation or otherwise, whatever land may be neces-
sary for acquiring, working, establishing, maintaining, operating, extend-
ing or enlarging said water works, gas works, electric plants and other
public utilities, and the right of way, rails, pipes, poles, conduits or wire
connected therewith, or any of the fixtures or appurtenances thereof; to
prevent the pollution of the water supply of the town and injuries to the
water works, for which purpose their jurisdiction shall extend for a dis-
tance of five miles from the same; to make, erect, and construct withih or
without the town, sewers, drains and public ducts; to acquire by purchase,
condemnation, or otherwise, so much land as may be necessary to make,
erect, construct, operate and maintain the same; to sell water to persons
both within and without the town; and to adopt any rule, regulation or
ordinance authorized by general law of the Commonwealth to be adopted
by towns, whether specifically enumerated herein or not.

9. The council of said town shall have the power to divide the town
into districts or zones for business and residential purposes. In other words,
it is the intent and purpose of this act to confer upon the council of said
town all of the powers that are permitted by the laws of the State for zon-
ing purposes. In any division that may be made of the town into business
and residential areas, the town shall have all of the authority that is con-
ferred by the general laws of the State, and in making such division or
divisions, the same shall be made by the council of said town in accord
with and in conformity with the provisions of the laws of the State relating
to same.

10. To regulate or prevent the use of loud speakers or of any other
device on the streets of the town that create any loud or offensive noises,
provided that such regulation or prevention does not deprive any citizen
of his constitutional rights of freedom of speech.

11. To pass or adopt any rule, regulation or ordinance authorized
by general law of the Commonwealth to be adopted by towns.

§ 9. The Council of the said town shall be and have the power to
judge of the election and qualifications of its members, and, with the con-
currence of 2/3 of the membership, may expell a member for any cause
permitted by law. Any vacancy occuring in the membership of the council
during the term for which said persons have been elected or selected, may
be filled by a vote of the council by the selection of any person eligible
to hold said office. A vacancy in the office of mayor may he filled by the
council from the qualified electors of said town.

§ 10. The council shall have authority to suspend and remove all
other town officials whether they be elected or appointed, for misconduct
in office, or neglect of duty, to be specified in the order of suspension or
removal; but no such removal shall be made without reasonable notice to
the officer complained of, and an opportunity shall be afforded him to make
his defense thereto.

8 11. For the transaction of business by the council of the town
four members of the council (of whom the mayor may be counted 1) shall
constitute a quorum.

§ 12. The mayor of the town shall be clothed with full authority
to enforce the laws and ordinances of the town, and he shall also be clothed
with all powers and authority of a trial justice in civil matters within
the corporate limits of the town, and in criminal matters within said limits
and within one mile beyond such limits; and he shall have power to issue
process hear and determine all prosecutions, cases and controversies which
may arise under the by-laws and ordinances of the town. The council shall
have the power to name one or more of the members of the council as
vice-mayor with full power to exercise the authority of the mayor in the
event of his absence or disability.

§ 18. The jurisdiction of the corporate authorities of said town in
criminal matters and for imposing and collecting a license tax on all
shows, performances, contests and exhibitions of all kinds shall be and
shall extend one mile beyond the corporate limits of said town.

-§ 14. Where by the provisions of the law the council has authority
to pass ordinances on any subject, they may prescribe punishment by fine
or imprisonment, or both, for all violations thereof. Fines may be recovered
with costs upon warrants issued in the name of the town. Whenever judg-
ment is rendered against any person for a fine, the officer trying the offend-
er may require immediate payment thereof, and in default of such pay-
ment, may commit the party so in default to jail until such fine and cost are
paid, but such person shall not be so confined for the nonpayment of a
fine for a longer period than that which is prescribed by the laws of the
Commonwealth for the nonpayment of fines imposed in cases arising
under the laws of the Commonwealth.

§ 15. It shall be the duty of the mayor to communicate and report
to the council annually as soon as may be after the close of the fiscal
year, and oftener if he shall deem it expedient, or be required so to do by
the council, a general statement of the financial condition of the town, as
well as other matters pertaining to its government, finances and improve-
ments, with such recommendations as he may deem proper.

§ 16. The mayor shall exercise a constant supervision over the con-
duct of all subordinate officers ; and have power and authority to investigate
their accounts; have access to all books and documents and offices, and
have power to suspend all officers elected or appointed by the council, as
well as any that may be appointed by himself, for misconduct in office,
or neglect of official duty, which shall be specified in the order of suspen-
sion, but such suspension shall be effective only until the next succeeding
regular meeting of the council. In case of the suspension of any officer,
the mayor shall appoint some other qualified person in his place to hold
said office and perform all of the duties thereof until the next regular
meeting of the council; and at such next regular meeting of the council,
the mayor shall report his suspension of the officer suspended to the coun-
cil, together with his reasons for such suspension.

§ 17. The council shall by ordinance or resolution, fix the time for
its regular stated meetings; and no business shall be transacted at a spe-
cial meeting except that for which it shall be called. If, however, all mem-
bers of the council are present at a special meeting, then any business may
be transacted at such meeting that might be properly brought before a
regular meeting of the council. The council of said town within the limits
of the Constitution of the Commonwealth, and in accordance with the gen-
eral laws thereof, may in the name of and for the use of the town, contract
loans or cause to be issued certificates of indebtedness, notes or bonds. The
council shall not, however, contract any loan or issue bonds or certificates
of indebtedness therefor unless the same be authorized by a vote of the resi-
dent freeholders of said town, and a majority of the vote be in favor there-
of, except such indebtedness as may be permitted by the laws of the Com-
monwealth, to be contracted and paid out of the revenue of the town for
the current year in which such indebtedness is created. All proceedings for
the purpose of authorizing the issuance of bonds or other evidence of
indebtedness by the town shall conform to the provisions of the general
laws of the Commonwealth with respect to the issuance of bonds by towns,
so far as the same are applicable.

§ 18. No ordinance hereafter passed by the council of said town
as now constituted, or hereafter elected, for the violation of which any
penalty is imposed, shall take effect until the same shall have been pub-
lished in at least one issue of a newspaper published in or having a general
circulation in said town, or by printed handbills posted for the length of
time and in such manner as the council may order. If such publication
be by handbills, the same shall be posted in at least three public places
in said town, and a certificate of such posting shall be filed by the sergeant
of the town in the office of the clerk of the council. After the expiration of
six months from the date of the passage of any ordinance, its publica-
tion shall not be questioned, or its validity affected by any failure to pub-
lish the same. All laws, regulations and ordinances of the town, when
certified by the clerk of the council may be read in evidence in all courts
of justice, and in all proceedings before any officer, committee, commis-
sion, body or board.

§ 19. The town council shall not take or use any private property
for streets or other public improvements without paying to the owner
thereof just compensation for same; but in cases where the council shall
fail by agreement to obtain title to any real estate or any easement therein
for such property, it shall be lawful for the said council to apply to the
Circuit Court of Patrick County or any other court or body having juris-
diction in such matters, for authority to condemn the same, and any pro-
ceeding brought for the foregoing purposes shall be brought and conducted
in the manner required by the laws of the Commonwealth.

§ 20. In every case where a street of said town is being encroached
upon, or shall be encroached upon, by any fence, building or otherwise, the
council may require the owner, if known, or if unknown, the occupant of
the premises so encroaching to remove the same; and if such removal be
not made within the period fixed by the council, then the council shall
have the power to impose a penalty of not exceeding $5.00 per day for
each and every day that such encroachment is permitted to continue there-
after, and may cause the encroachment to be removed, and may collect
from the owner or occupier of the encroaching premises the cost of remov-
ing the same in the manner provided for the collection of taxes and levies.
No encroachment upon any street, sidewalk, public alley or any other prop-
erty belonging to said town, or over which said town has an easement,
however long continued, shall constitute an adverse possession so as to
confer any right upon the person claiming thereunder or against the said
town.

§ 21. Any street or alley laid off and reserved in the division or
subdivision into lots of any portion of the territory within the corporate
limits of said town by plat or plan of record shall be deemed and held to be
a dedication to the public use unless it appears by the record that the
street or alley so reserved is designated and intended for private use only.

§ 22. There shall be elected by the council at its first meeting in
September following its election or as soon thereafter as practicable, one
town treasurer, who shall hold office during the pleasure of the council..
He shall qualify and give bond before the council with surety approved
by it in a penalty to be determined by the council.

§ 23. The treasurer shall receive all money belonging to the town,
and shall perform all such other duties as are or may be prescribed by the
council. He shall keep his office in some convenient place in the town,
and shall keep his books, accounts and records in such manner as the
town council may direct, and such books, accounts and records shall al-
ways be subject to the inspection of the mayor, any member of the town
council, or any committee or committees thereof. He shall receive for his
services such compensation as the town council may from time to time
prescribe for such services.

§ 24. The treasurer shall report to the council or to a committee
thereof at the end of each month, or oftener, if required by the council,
a full and detailed account of receipts and expenditures during the pre-
ceding month, and the state of the treasury at the end of each month.
He shall also keep a register of all warrants, their dates, amounts, num-
bers and the fund from which paid, and the person to whom paid, specify-
ing also the time of payment; and all such warrants shall be examined
by a committee of the council appointed for that purpose, who shall com-
pare the same with the books of the treasurer and report discrepancies
if any, to the council.

§ 25. No money shall be paid out by the treasurer except by order
of the council and upon a warrant of the clerk of the council, countersigned
by the mayor; and the said treasurer shall keep a separate account of
each fund or appropriation, and of the debts and credits belonging thereto.

§ 26. The treasurer shall collect all taxes, levies and assessments
which may be imposed by the town council, as well as any other monies
due to the town from any source, and for the purpose shall be invested
with all of the powers and subject to all the liabilities and penalties pre-
scribed by law in regard to county treasurers.

§ 27. All funds received on any levy or assessment shall be held
by the treasurer as a public fund, to be applied to the purpose or purposes
for which the levy or assessment was made, and shall be used for no other
purpose whatever, except if there is a balance left after the accomplish-
ments of the purpose or purposes for which such levy or assessment was
made, then, and in such event, such balance may be used in any manner
that the council of the town may direct.

§ 28. The treasurer may be required to keep all funds belonging
to the town in such place or places of deposit as the council may by ordi-
nance or resolution direct. All funds of the town in the hands of the treas-
urer shall be kept separate and distinct from all other funds, and he is
hereby expressly prohibited from using either directly or indirectly any
corporate funds or warrants for his own benefit or that of any other per-
son or persons whomsoever.

§ 29. There shall be elected by the council at its first meeting in
September after its election, or as soon thereafter as practicable, a clerk
of the council, who shall hold office during the pleasure of the council. It
shall be his duty to attend the meetings of the council and keep a record
of all of its proceedings. He shall keep all records and papers required to
be kept by this act or that may be required to be kept by order of the
council. He shall publish such reports and ordinances as the town council
is required by this act to publish, and such other reports and ordinances
as the council may direct, and shall in general, perform all such other acts
and duties as the council may from time to time require.

§ 80. The clerk of the council shall perform all of the duties of a
commissioner of revenue in relation to the assessment of property for the
purpose of levying the town taxes and shall assess all license taxes that
may be imposed by the council. He shall keep his office in some convenient
place in the said town, and keep therein such books, schedules, records and
other papers as the council may direct, which may be subject at all times to
the inspection and examination of the mayor or any member of the coun-
cil, or any committee or committees thereof. His compensation shall be
such an amount as the council may from time to time prescribe and allow.
§ 31. There shall be elected by the council at its first meeting in
September after its election, or as soon thereafter as practicable, one town
sergeant, who shall hold office during the pleasure of the council, who
shall perform the duties and be subject to the liability prescribed by
this charter, and by the general law and by the ordinances, by-laws and
regulations of the town council. He shall have authority within the
corporate limits of said town, and to a distance of one mile beyond the
same, to execute criminal process issued under the authority of this
charter, and to make arrests for violations of the laws and ordinances of
the town, and shall have general police powers. It shall be the duty of
the sergeant or any police officer to swear out warrants for arrest for
any person or persons where they have reason to believe that any viola-
tion of aes ordinances, by-laws, rules and regulations of the town has been
committed.

§ 2. In said town the assessment of all property, real, personal
and mixed for the purposes of municipal taxation, shall be the same as
the assessment thereof for the purpose of State taxation, when there
shall be a State assessment of such property.

§ 88. The town council, in addition to the State taxes or licenses,
may, when anything for which a license is so required is to be done within
the town, impose a tax for the privilege of doing the same, and require
a license to be obtained therefor. Said license to be for such time and
cover such period as the council of the said town shall prescribe; and
in any case in which they see fit, may require from the person, firm or
corporation so licensed bond, with surety in such penalty and with such
condition as they may deem proper, or make other regulations concerning
the same, and within the limitations of the Constitution of the State and
of the United States, may levy a license tax on any other business carried
on in the town, whether a license tax is required therefor by the State
or not; provided no license shall be required in any case where the re-
ane euenk or imposition thereof by cities or towns is prohibited by gen-
eral law.

§ 34. The council of said town shall annually cause to be made up
and entered on their journal an account of all sums lawfully chargeable
on the town which ought to be paid within one year, and order a town
levy of so much as in their opinion, not exceeding $1.50 on one hundred
dollars assessed valuations, is necessary to be raised in that way, in
addition to what may be received for licenses and from other sources.
The levy so ordered may, among other things, be upon all persons, both
male and female in said town, above the age of 21 years, not exceeding
$1.00, upon each such person and upon the property therein, and on such
other subjects as may at the time be assessed or assessable with State
taxes except when in conflict with general law.

§ 85. The council of the town may adopt and use the jail of Patrick
County as the jail of said town. It is also given the power to adopt and
use any other jail or prison farm in the Commonwealth with which
it may be able to contract for the purpose of confining the prisoners of
the town, so long as the same is not in conflict with the general] laws of
the Commonwealth.

§ 36. All ordinances, by-laws and regulations now in force in said
town. that are not inconsistent with this charter or the laws of the Com-
monwealth, and of the United States, shall be and remain in full force
until amended or repealed by the council of said town.

§ 37. If any section or provision of this act shall for any reason
be adjudged in any court of competent jurisdiction to be unconstitutional
or invalid, such judgment shall not affect, impair or invalidate the re-
mainder of this act.
2. Chapter sixty of the Acts of Assembly of eighteen hundred eighty-
four, approved November twenty-second, eighteen hundred eighty-four,
as amended, is hereby repealed ; all acts and parts of acts inconsistent with
this act are hereby expressly repealed to the extent of such inconsistency.