CHAPTER 118

AN ACT to amend and reenact § 10, as amended, of Chapter 180 of the
Acts of Assembly of 1884, approved February 19, 1884, amended and
reenacted by Chapter 52 of the Acts of Assembly of 1888, approved
January 80, 1888, which chapter provided a charter for the town of
South Boston, so as to provide for the assessment of the cost of mak-
tng and improving the walkways upon then existing streets, and
improving and paving then existing alleys, and for either the con-
struction, or for the use of sewers. (H 91]

Approved February 24, 1956

Be it enacted by the General Assembly of Virginia:

1. That § 10, as amended, of Chapter one hundred thirty of the Acts of
Assembly of eighteen hundred eighty-four, approved February nineteen,
eighteen hundred eighty-four, amended and reenacted by Chapter fifty-
two of the Acts of Assembly of eighteen hundred eighty-eight, approved
Jenuay thirty, eighteen hundred eighty-eight, be amended and reenacted
as follows:

§ 10. Specific powers of council.

In general. The council shall have, subject to the provisions of this
act, the control and management of the fiscal and municipal affairs of the
town, and of all property, real and personal, belonging to it; and may
make such ordinances, orders, and by-laws relating to the same as they
shall deem proper and necessary; and they shall likewise have power to
make such ordinances, orders, by-laws, and regulations as they may deem
necessary to enforce and carry out the following powers which are hereby
vested in them:

Town hall, jail and other public buildings. First, To erect or provide
and keep in order a town hall, prison house or jail, and such other public
buildings as they may deem necessary or proper for the said town, but
until they provide such prison house or jail, they shall have use of the
jail of Halifax county for the safekeeping and confinement of all persons
sentenced to imprisonment under the ordinances or by-laws of the said
town.
Markets. Second, To establish a market or markets in and for said
town, and appoint proper officers therefor, prescribe the times and places
122 ACTS OF ASSEMBLY [vA., 1956

for holding the same, provide suitable buildings and grounds therefor, and
to enforce such regulations as shall be necessary and proper to prevent
huckstering, forestalling, and regrating.

Streets, sidewalks and alleys in general. Third, In its discretion to
lay off, open, extend, widen, narrow, grade, curb, pave and otherwise
improve and to alter, vacate, close and abandon, streets, walks and alleys,
or portions thereof, and to light the same and have them kept in good
order; and in, upon, over and under any streets or alleys or walks in the
town which have been or may be ceded, dedicated or conveyed to the town
or to the public use or which have been or may be laid off in the sub-
division of any land within the town into streets, alleys, walks, and lots,
the council shall have like power and authority as over other streets,
walks and alleys; to build bridges in and lay culverts, water pipes, gas
pipes and sewer pipes in and under such streets, walks and alleys, and
alter and remove the same; to prevent or remove any building, structure,
obstruction, projection or encroachment over, under or in any street, walk
or alley; and to permit shade trees to be planted along such streets, walks
and alleys.

And any and all streets, walks, and alleys, or portions of same, which
have been heretofore, or Which may be hereafter closed, vacated or aban-
doned by said council, shall be and remain closed, and the rights and ease-
ments of the public therein shall cease; and the rights and privileges of
the owners of the land abutting on such streets, walks and alleys as have
been or may be closed, abandoned or vacated as aforesaid, shall be the
same in, over, upon and under such streets, walks and alleys as if they
.had never been opened; provided, that when said council shall close,
abandon or vacate any street, walk or alley, or portion thereof, it may
make such reservation as it may deem proper for the benefit of the town
or the public. And a copy of the order or resolution entered by the council
for closing, abandoning or vacating any street, walk or alley, or portion
thereof, certified by the mayor ef said town and attested by the clerk of
the council of said town, and acknowledged by said officers in the manner
in which deeds are acknowledged for recordation, shall be recorded in the
clerk’s office of the circuit court of Halifax county as deeds are recorded.

Cumbering streets, sidewalks, alleys, lanes or bridges. Fourth, To
prevent the cumbering of streets, sidewalks, alleys, lanes, or bridges in
the town in any manner whatever.

Health. Fifth, To secure the inhabitants from contagious, infectious
or other dangerous diseases; to establish, erect, or provide hospitals and
regulate the same; to provide for and force the removal of patients to
said hospitals; to appoint and organize a board of health for the said town
with the authority necessary for the prompt and efficient performances
of its duties.

Stables, privies and hogpens; abatement of nuisances; drainage;
offensive business. Sixth, To regulate the building of stables, privies, and
hogpens; to require.and compel the abatement and removal of all nuisances
or anything which in the opinion of a majority of the council is a nuisance
within the said town, at the expense of the person causing the same, or
the owner or owners of the ground whereon the same may be; to provide
for the drainage of lots by proper drains or ditches; to prevent or regu-
late slaughterhouses and soap factories within the said town, or the exer-
cise of any dangerous, offensive, or unhealthy business, trade or employ-
ment therein.

Animals running at large; taxation of same; prohibiting raising hogs.
Seventh, To prevent hogs, dogs, cows, or other animals from running at
large in the town, and may subject the same to such levies, taxes, and
regulations as they may think proper; and the council may prohibit the
raising of hogs in the town.
CHS. 118, 119] ACTS OF ASSEMBLY 123

Fire department and fire limits. Eighth, To establish and maintain
a fire department in the said town and provide for the regulation and
government of the same, and to compel the residents of the town to aid
and assist the fire department when necessary. They shall have the power
to establish fire limits in the said town, within which no buildings shall
be erected without the consent of the council, unless the outer walls thereof
be of brick, stone, or some other incombustible material.

Assessing cost of paving sidewalks; improving and paving alleys; con-
struction or use of sewer. Ninth, To assess the cost of * making and im-
proving * walkways wpoon then existing streets and improving and
paving then existing alleys, and for either construction or for the use
of sewers, in whole or in part, upon the owners of abutting property,
and fo collect the same from * such owners * as taxes are collected; pro-
vided, that the cost of * making such improvements shall not beso assessed
unless such * improvements be so directed by a two-thirds vote of all mem-
bers elected to the council, and provided, that the assessments so imposed
shall not be in excess of the peculiar benefits resulting therefrom to such
abutting landowners.

Buildings. Tenth, To regulate the size, materials, and construction
of buildings, hereafter erected in the said town in such manner as the
public safety and convenience may require.

Cemeteries and burials. Eleventh, To provide in or near the town,
lands to be aprropriated, improved, and kept in order as places for the
interment of the dead, and charge for the use of grounds in said places
of interment, and regulate the same; provided that all moneys received
for the use of such grounds shall be set apart and used for the improve-
ment of cemeteries ; may prevent the burial of the dead in the town except
in the public burying ground; may regulate burials in said grounds and
may require the keeping and return of bills of mortality by the owners or
keepers of all cemeteries.

Speed of animals; sports, etc., in streets; cruelty to animals. Twelfth,
To prevent the riding or driving of horses or other animals at an improper

; to prevent the throwing of stones, playing marbles, or the en-
gaging in any employment or sports on the streets, sidewalks, or public
alleys; and to prohibit and punish the abuse or cruel treatment of horses
or other animals in the said town.

Drunkenness, vice, vagrants, gambling, disorderly conduct and tm-
morality. Thirteenth, 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
assemblages; to suppress houses of ill-fame and gambling houses; to
prevent and punish lewd, indecent and disorderly conduct or exhibitions
in the said town, and expel therefrom persons guilty of such conduct
who have not resided therein as much as one year.

2. An emergency exists and this act is in force from its passage.