Be it enacted, That it shall be lawful for the freeholders and housekeepers, who shall have been resident in the said town three months next preceding such election, to meet in some convenient place in the said town annually, on the third Monday in March, and then and there nominate and elect by ballot twelve fit and able men, being freeholders and inhabitants of the town, to serve as Mayor, Recorder, Aldermen and Common Councilmen for the same; and the persons so elected shall, within one week after their election, proceed to choose by ballot out of their own body, one Mayor, one Recorder, and four Aldermen, and the remaining six shall be Common Councilmen, whose several authorities as Mayor, Recorder, Aldermen and Common Councilmen, shall continue until the third Monday in March in the year succeeding, and until others shall be qualified in their stead and no longer, unless where elected. That the Mayor, Recorder, Aldermen and Common Councilmen, so elected, and their successors, shall, and are hereby made a body corporate and politic, by the name of Mayor and Commonalty of the town of Fredericksburg, and by that name to have perpetual succession, with capacity to purchase, receive and possess lands and tenements, goods and chattels, either in fee or any lesser estate therein, and the same to give, grant, let, sell or assign again, and to plea and be impleaded, prosecute and defend all causes and complaints, actions real and personal and mixt, to have one common seal and perpetual succession. That the person who shall be first elected Mayor of the said town shall, within one week after his election, take an oath or make solemn affirmation before a justice of the quorum in the commission of the peace for the said county of Spotsylvania for the due and faithful execution of his office; and every succeeding Mayor shall be qualified to his office before the Mayor for the time being; and every
Recorder, Alderman and Common Councilman shall take the like oath, or make the like affirmation with respect to their office before the Mayor for the time being; but no person shall hold the office of Mayor for more than one year in any two years: Provided nevertheless, where a vacancy shall have happened in the office of Mayor within the year, the person elected for the remainder of that year, may be elected again at the next general election, and until another shall be elected and qualified in his stead.
And be it enacted, That the Mayor, Recorder and Aldermen for the time being, are hereby declared and constituted Justices of the Peace within the limits of the said town; which limits shall extend to low-water mark on the northwest side of Rappahannock river, and half a mile without and around the other limits of the said town, and have the like jurisdiction in all cases whatsoever originating within the limits aforesaid, as the Justices of the County Courts now have: That the Mayor, Recorder and Aldermen, or any four of them, (the Mayor, Recorder being one,) shall have power to hold a Court of Hustings on the third Monday in every month, and hold pleas in all cases whatsoever originating within the limits before described, in the same manner as the County Courts may do: To have the sole power of licensing tavern-keepers, and settling their rates-to appoint a Sergeant, who shall have the power of a sheriff, constable, and other necessary officers of court, and Surveyors of the streets and highways-and to settle and allow reasonable fees allowed the like officers in the County Courts: Provided, that the said officers shall take an oath of office before the said Court of Hustings, before they shall be allowed to act; and that the Sergeant shall moreover give bond and security for the due performance of his office; which bond shall be made payable to the Mayor for the time being, and his successors, and may be put in suit by the party grieved, in like manner as sheriffs' bonds; and provided always, that in civil cases the Court of Hustings shall not have jurisdiction where the demand shall exceed one thousand pounds of crop tobacco; or the value thereof in money at the time of entering the action, unless both parties shall be inhabitants of the town at the time of suing out the first process in the suit.
And be it further enacted, That the Mayor, Recorder, Aldermen, and Common Councilmen, shall have power to erect workhouses, houses of correction, prisons, and other public buildings for the benefit of the town, and to make by-laws and ordinances for the regulation and good government of the said town, and to assess the inhabitants and all property within the actual bounds of the said town for the charges of repairing the streets: Provided, that such
by-laws and ordinances shall not be repugnant to, or inconsistent with the laws and constitution of this Commonwealth. And the Mayor, Recorder, Aldermen and Common Councilmen; shall have power to hold and keep within the said town, two market days, (the one on Wednesday, the other on Saturday,) in every week; and from time to time appoint a clerk of the market, who shall have assize of bread, wine, wood and other things, and generally to do and perform all, things belonging to the office of the clerk of the office within the said town.
And every person to be elected to any office as aforedirected, and refusing to undertake and execute the same, shall pay the fines following, that is to say: the Mayor fifty pounds, Recorder forty pounds, Aldermen thirty pounds, Common Councilmen twenty-five pounds, Sergeant one hundred pounds, Constable fifty pounds, Clerk of the Hustings Court and Clerk of the Market each fifty pounds, Surveyors of the streets or roads thirty pounds each-to be imposed by the judgment of the said Court of Hustings for the use of the town, and levied by execution against the goods and chattels of the offender. And in case of misconduct in the office of Mayor, Recorder, Aldermen and Common Councilmen, or either of them, the others, being seven at least, shall have power to remove the offender; and as to all other officers, the power first appointing shall or may at pleasure revoke. And in case of vacancy in the office of Mayor, Recorder, Aldermen and Common Councilmen, the vacancy shall be filled up in the following manner: the Recorder shall succeed the Mayor; the eldest Alderman the Recorder, and so on according to priority, to be reckoned by the number of votes at the last election; and if a vacancy shall happen among the Common Councilmen, his place shall be filled from the body of the freeholders within the town, by ballot of the Mayor, Recorder, Aldermen and Common Councilmen.
And be it further enacted, That the Mayor, Recorder, and two of the Aldermen shall have power, so often as they find occasion, to summon a council of the said town, which shall consist of the Mayor, Recorder, two Aldermen, and four Common Councilmen at least; that no law, order, or regulation shall be binding and valid, nor shall the same be revoked or altered, or fine imposed for a breach thereof, unless seven members concur therein.
And be it further enacted, That all the property, real and personal, now held and possessed by the Trustees of the said town of Fredericksburg, in law or equity, or in trust. for the use and benefit of the inhabitants thereof, and particularly the charitable donation of Archibald McPherson, deceased, now vested in the trustees
of the said town, in trust for the education of poor children, shall be, and the same are hereby transferred and vested in the Mayor, and Commonality of the said town, to and for the same uses, intents and purposes, as the trustees for the said town now hold the same, any former law, or clause or devise in the said Archibald McPherson's will to the contrary notwithstanding--And in all courts of law and equity, this act shall be construed, taken and held most beneficially and favorably for the said Corporation.
And be it further enacted, That the jurisdiction of the Court of Hustings in the town of Fredericksburg shall extend one mile without and around the former limits of the said town on the south side of Rappahannock river, and shall have power to hold pleas in all cases originating within the limits before described, in like manner and under such limitations as are directed and prescribed by the act for incorporating the said town. That the Court of Hustings in the said town of Fredericksburg, shall be and is hereby constituted a Court of Record, and as such to receive probate of Wills and Deeds, and grant administrations in as full and ample manner as the county courts by law can or may do: Provided always, And be it further enacted, That no will shall be admitted to proof car record in the said court; nor shall the said court grant administration, unless the testator or intestate, as the case may be, was resident within the limits of the jurisdiction of the said court at the time of his or her death; nor shall any deed whereby lands are conveyed, be admitted to proof or record in the said court, unless such land's lie within the limits as aforesaid.-The said court shall have power to appoint a person skilled in the law to prosecute therein for the Commonwealth, and to allow him a reasonable salary for his services, to be levied annually by the corporation on the inhabitants within the limits of the said town, and that the said inhabitants shall hereafter be exempted from contributing towards paying any part of the salary of the attorney for the commonwealth in the court of the said county of Spotsylvania.
Be it enacted by the General Assembly, That on the day appointed by law for the next annual election of members of the Common Hall of the town of Fredericksburg the persons qualified by law to vote for the same, shall assemble and elect by ballot eight
persons to act as Justices of the Peace for the said town, who shall continue in office during good behavior; any three of whom shall have power to hold a Court of Hustings at the same time and under the same regulations as are now prescribed by law, except in cases of courts for the examination or trial of free persons or slaves charged with felonies, in which cases five of the Justices aforesaid shall be requisite to constitute a court. The said court to have the same powers and jurisdiction as heretofore, and the said Justices to have the same rights and powers as were heretofore granted by law to the Mayor, Recorder and Aldermen of the said town; with this exception, however, that they shall not act as members of the Common Hall, nor be authorized to lay any tax for the support of a watch.
And be it further enacted, That on the day aforesaid, and on the same day in every year thereafter, the persons qualified to vote as before-mentioned, shall elect in manner aforesaid, twelve persons to act as Common Councilmen of the said town, who may, Continue in office until the next, annual election of Common Councilmen, and until others shall be qualified in their stead, and shall have and exercise all the powers and duties heretofore granted to, and exercised by the Mayor, Recorder, Aldermen and Common Councilmen of the said town, in Common Hall assembled.
The Common Council of the said town, in Common Hall assembled, shall elect one of its members to act as Mayor, and another as Recorder. The Mayor shall preside at its meetings, and sign the proceedings thereof; and when from any cause he shall be absent, the Recorder shall preside in his stead.
The Mayor, or in his absence the Recorder, or any two members of the Common Hall, shall have power, so often as they find occasion, to summon a Common Hall of the said town. In future, seven members shall be sufficient to hold a meeting of the Common Hall.
Vacancies which may happen in the court of the said town shall be supplied in the same manner that such vacancies in the county courts are supplied; and vacancies which may happen in the Common Hall shall be supplied as heretofore.
The qualifications which entitle persons to vote for, or be elected members of the Court of Hustings or Common Hall, shall remain unaltered by this act.
This act shall be in force from and after the first day of March next.
Whereas, it appears there are great defects and imperfections
in the original act incorporating the town of Fredericksburg, and the several acts amendatory thereof; for remedy whereof-
Be it enacted by the General Assembly, That the Mayor of the said town shall annually be appointed in the mode now prescribed by law, except that he may be chosen either from the Council, or from the body of the citizens; and when, he shall be taken from the Council, the vacancy occasioned thereby shall be filled by the Council. The said Mayor shall be re-eligible from year to year without limitation, and shall keep an office in the said town for the transaction of business, and shall be the keeper of the Seal of the Corporation; he shall, at all times when the Hustings Court shall not be in session, perform the duties of a Justice of the Peace; those duties may nevertheless be discharged by any other justice of the said Corporation. The said Mayor shall moreover have the superintendence and control of the officers of police, and the night watch, according to the laws and ordinances now in force, or which may hereafter be enacted by the Council.
Be it further enacted, That if the person who may be appointed Mayor, pursuant to the foregoing section, shall omit, or fail, from any cause, to qualify to his appointment for the space of ten days after his election; or if, after his election, he shall die, or resign, then and in all such events, the said Council may, and it is hereby declared to be their duty, as soon thereafter as they may see fit, to elect some other person in his stead, and may so proceed to make a new election from time to time, whenever for the causes aforesaid, or any one of them, it shall become necessary.
And be it further enacted, That when, from sickness, or other cause, the said Mayor shall be unable to perform the duties of his office, or in case of his unavoidable absence from town, his duties shall devolve upon, and be discharged by the Recorder, who shall in such cases possess and exercise all the powers and authority of the Mayor.
And be it further enacted, That the Mayor shall henceforth receive for his services a compensation to be fixed by the Common Council, which shall not be increased or diminished during the time for which he shall be elected to office, which shall be paid out of the funds of the Corporation, in aid of which a tax may be imposed on his official acts.
Be it further enacted, That the Court of Hustings of the said Corporation shall remain as it is now constituted by law, except that the said Mayor shall preside in the said Court, and in his absence the Recorder. The said court shall have complete jurisdiction to high-water mark on the opposite side of the Rappahannock river; and in all respects the jurisdiction shall remain as heretofore.
And be it further enacted, That the citizens of the said town shall hereafter be exempted from the payment of levies to the county of Spotsylvania.
And be it further enacted, That the Mayor, Recorder and Common Council shall have full power, and they are hereby authorized to assess a tax on the inhabitants and property within the actual limits of the said town, for the purpose of repairing streets, and such other expenses and charges as to them may seem necessary and proper, and for the improvement, convenience, and well-being of the town.
And be it further enacted, That it shall be the duty of the said Mayor, Recorder and Common Council, and they are hereby authorized and empowered, to provide a sufficient night-watch for the protection and safety of the said town; and, for the better execution of this duty, the power and authority now exercised by field officers of the militia concerning patrols, shall hereafter be vested in, and exercised by the said Mayor, Recorder and Common Council, over the militia of the said town, who shall hereafter be exempt from patrol duty beyond the limits of the Corporation.
And whereas the true location of the streets of the said town has become uncertain from want of the permanent marks ascertaining the boundary thereof-
Be it therefore enacted, That John W. Green, John Mundell, George Cox, Silas Wood and David Briggs be appointed Commissioners, any three of whom may act, for the purpose of surveying and locating the streets of the said town according to existing laws, and such authentic ancient surveys as may have been made pursuant to law.
It shall be the duty of said commissioners to ascertain and locate the said streets by metes and bounds, making such alterations therein as they may find expedient, with the assent of the proprietors of lots and lands, which may be affected by such alteration, but not otherwise; and to mark the boundaries of the streets by stones, or other permanent limits; and to report a plan thereof, and of the town, with the lots properly numbered, with explanatory notes, to the Mayor, Recorder and Common Council of the said town; which, if approved by them, shall forever thenceforth be taken as the authentic plan of the said town, and be binding on all persons whatsoever; but if in making such survey it shall be found that any house has been built wholly or in part on any street, such house shall not be considered as a nuisance or illegal obstruction of such street; but, if such house shall at any time perish or be destroyed, it shall not be again rebuilt so as to encroach upon or obstruct such street.
And be it further enacted, That all acts, and, parts of acts, coming within the purview of this act, shall be and the same are hereby repealed.
This act shall commence and be in force from and after passing thereof.
An Act concerning the Corporation of Fredericksburg -Passed February 11, 1829.
Be it enacted, That hereafter it shall be lawful for the Mayor and Recorder of the said town to take the oaths of office before any judge of the General Court, or justice of the peace, who shall certify the same to the Hustings Court of Fredericksburg, to be entered upon the proceedings thereof.
This act shall be in force from and after the passing thereof.
Be it enacted by the General Assembly, That the Council of the Town of Fredericksburg shall have authority to require to be sold all real estate within the Corporation returned delinquent for the non-payment of taxes and interest on which shall not have been paid before the day of sale; and may make such regulations for effecting such sale and collecting such taxes, interest, and charges of sale, as to them may seem expedient. If, however, no such sale be authorized or required, the taxes assessed upon such real estate, for the benefit of said city, shall remain a lien thereon, bearing interest at the rate of ten per centum per annum from and after the expiration of thirty days from the time when the same shall have been collectable, until the same be fully paid.
In all cases in which any tax assessed upon real estate for the benefit of said city, shall be paid in whole or in part by the tenant, or out of his or her property, he or she shall be entitled to deduct the same out of the accruing rent, or to recover the amount so paid from the owner of real estate, unless it shall be otherwise specially agreed.
In every case of non-residents, where the real property subject to the tax levied, shall be vacant, and the proprietor thereof shall have no property within the Corporation subject to distress, and sufficient to raise the tax due, it shall he lawful for the officer appointed to collect such tax, in the name of the Corporation, to recover the amount of the tax due from such person or persons, by motion in a summary way before any court within this Common
wealth, ten days notice of such motion being given to the person or persons chargeable with the amount of such tax.
This act shall be in force from its passage.
1. Be it enacted by the general assembly of Virginia, That for the better government and well ordering of the town of Fredericksburg, it shall be lawful for the residents thereof, qualified to vote for all officers elective by the people under the constitution of this commonwealth, to elect by ballot, on the fourth Thursday in May, preceding the expiration of their term of office, the following officers: that is to say, one mayor, who shall hold his office for two years; twelve councilmen, who shall hold their offices for one year; one city sergeant, who shall hold his office for two years; one commissioner of the revenue, who shall hold his office for two years, and one city treasurer, who shall hold his office for three years, from the first day of July succeeding their election. Each of the said officers shall have the qualifications required by the constitution of this state for any elective office therein, and shall, when elected and qualified as hereinafter provided, have the powers, perform the duties, and be subject to the liabilities and responsibilities prescribed by the general laws of this state by this act, and the by-laws and ordinances of said town.
2. The persons so elected shall, before they enter upon the duties of their offices, respectively, take an oath, or make solemn affirmation, as prescribed by law, before some one authorized to administer oaths, well and truly, faithfully and impartially to do, execute, and perform the duties of their several offices, according to the best of their skill and judgment and file a certificate thereof with the clerk of the council: provided that said oath may be taken, and the fact recorded, before the council at any meeting, and may be administered by the mayor, or other officer then present.
3. That should it so happen that an election of officers as above named, be not made at the time prescribed for an election, then such election may be ordered by the corporation court, upon the petition of fifteen or more of the qualified voters of said town, ten days' public notice of the time and place of election being given and provided the list of registered voters residing within the said town shall be previously revised, as prescribed by law. All officers elected or appointed under the provisions of this act, shall hold and perform the duties of their respective offices until their successors, or a legal quorum thereof, are elected and qualified.
4. The mayor shall preside at the meetings of the council, or, in his absence, the recorder, or, in the absence of both, one of the councilmen chosen by a majority of the councilmen then present. The mayor, shall, in case of tie, give the casting vote upon all questions to be determined by the council. He shall be the chief executive officer of the town; shall be clothed with all the powers and authority of a justice of the peace, in civil as well as criminal matters arising within the corporate limits; shall take care that the by-laws and ordinances of the town are faithfully executed, and shall exercise all the powers and duties now vested, or which may be hereafter vested, in mayors of towns of five thousand inhabitants or less. He shall have control of the police of the town, and may appoint special police officers whenever he deems it necessary; shall have power to issue process, hear and determine all prosecutions, cases, and controversies arising under any by-laws and ordinances of the town; to impose fines when authorized by said by-laws and ordinances, and issue executions for their collection, saving to the parties the right to appeal to the corporation court; which appeal, if the fine or other matter or thing shall exceed the sum of ten dollars, shall be taken in the same time and manner, and upon the same terms, that appeals are now taken by law from judgments of a single justice of the peace,
5. The council shall have power and authority within the said town to establish markets and regulate the same; to alter or improve streets, alleys, walks and bridges, and keep the same in order; to provide for the lighting of the streets, and the protection and repair of street lamps and lamp posts; to provide against and prevent accidents by fire; and for this purpose, to establish and organize fire companies, purchase engines, and provide such wells or cisterns as may be necessary to supply the same with water, for the purpose of extinguishing fires; to prevent and punish, by reasonable fines, the practice of discharging; firearms, and running horses in said town; to license and regulate shows
and other exhibitions, and the same to tax in such reasonable extent and manner as may be expedient and lawful; to lay off public grounds, and provide and take care of public buildings, grounds and cemeteries, and to establish proper regulations for the management of such cemeteries, and charges for the use or sale of lots therein, for the purpose of providing for the decent maintenance of the same; to conduct and distribute water into and through said town; to adopt rules for its own government, and the transaction of its business; to define the powers, prescribe the duties, and fix the term of service and compensation of its appointees necessary for conducting the affairs of said town, not otherwise provided for by this act; to fix the salary of the mayor, and all
other officers, but no compensation shall be allowed to any member of the council, except he be acting as clerk for the council; and finally, to make all such by-laws and regulations, (not inconsistent with the constitution and laws of the state or of the United States), as, they may deem necessary and proper for the good government of said town, and the same to enforce by reasonable fines and penalties, not exceeding for any one offence, the sum of ten dollars, to be recovered, with costs, in the name of the corporation of Fredericksburg, under the judgment and order of the mayor, saving appeal as herein provided to the, corporation court, or in default of payment of such fines, the offender may be imprisoned in the town jail not more than thirty days.
6. The council shall have power to provide a revenue for the town and appropriate the same, and for that purpose the commissioner of the revenue shall make an annual assessment of taxable persons and property within the town, such as is, or may hereafter be, subject to taxation by the revenue laws of this commonwealth; and also on dogs and other animals running at large.
7. Whenever anything for which a state license is required is to be done in said town, the council may require a town license therefor, and may impose a tax thereon for the use of the town. --The council may require, from the person so licensed, a bond, with sureties, payable to said town, in such penalties and with such conditions as it may think proper and reasonable, and may revoke such license at any time if the condition of said bond be broken.
8. All fines, penalties, and amercements, and other money received and raise by virtue of this act, and not otherwise directed to be applied, shall be at the disposal of the council, for the use and benefit of said town.
9. That in all suits or prosecution arising under any by-law, rule, or regulation made by the council of the said town in manner aforesaid, when the constitutionality or validity of such by-law, rule or regulation shall be contested, appeals shall be from the judgment of the corporation court of said town to the supreme court of appeals.
10. That anything in the existing act for incorporating the town of Fredericksburg, and the acts amendatory thereof, in conflict with this act, be and the same is hereby repealed.
11. This act shall be in force from its passage.
[end of Act of Incorporation]
Whereas, it is expedient that the several Ordinances and By-Laws of the Corporation of Fredericksburg should be rendered concise and plain, that omissions and defects therein should be supplied and remedied, and that the whole should be compressed in one general Ordinance, arranged in appropriate Chapters and Sections--
Therefore, Be it ordained by the Mayor and Commonalty of the Town of Fredericksburg, in manner following, that is to say:
1. There shall be for the Corporation of Fredericksburg the following officers, viz: a Clerk of the Council, a Treasurer, a Commissioner of the Revenue, a Collector of Taxes, a Surveyor, a Clerk of the Market, a Weigher and Measurer of Coal, Salt and Gain, and a Measurer and Inspector of Lumber, and at least two Police Officers.
It shall be the duty of the Clerk of the Council to attend all meetings of the Common Council, enter correctly all its proceedings and countersign the same, draft all Ordinances, attend to the publication thereof, and, in a book to be kept for the purpose, record all Ordinances of the Corporation. The books of such proceedings, and the books of Ordinances, shall, at all times, be open to the inspection of any member of the Council.
To make copies of, or extracts from anything in said books when and as often as he may be requested so to do by the Mayor or Councilman, or chairman of a committee thereof.
1. It shall be the duty of the Treasurer to receive all moneys payable to the Corporation for public uses, and he shall demand and receive from the Collector of Taxes, all moneys collected or received for its use. All moneys so received by the Treasurer shall be deposited in one or more of the Banks of the town aforesaid, to the credit of the Corporation of Fredericksburg, except that for the payment of demands against the Corporation of small amount he may keep in his office a sum not exceeding two hundred dollars at any one time.
2. All moneys to be paid by the Corporation shall be paid by the Treasurer out of what is kept in his office, or deposited in Bank. What is deposited in Bank shall only be drawn therefrom by the check of the Treasurer, or by check of some other person thereto authorized by the Council.
3. He shall keep in a book, to be provided for that purpose by the Council, a true and faithful account of all moneys received by him for the use of the Corporation, and of the manner in which the same shall have been applied; and shall, on or before the Saturday preceding the 1st day of July, in every year, or oftener if thereto required lay before the Council, or before their committee of finance, an account of all his receipts and disbursements, with vouchers to support the same.
4. The fiscal year of the Corporation of Fredericksburg shall begin on the 1st day of July, and end on the 30th day of June ensuing; and annually on or before the thirtieth day, of July, the Treasurer shall render to the Council, or to its committee on finance, a statement of the probable expenditures for the year, and a statement of the debt of the Corporation
5. The funds of the Corporation shall be paid out by the Treasurer, as follows:
For repairing and improving streets, upon an order of a majority of the street committee.
For repairs to pumps, on an order of a majority of the pump committee.
For repairs to public property, on an order of a majority of the committee on public property.
For the expenses of the Poor House, upon orders signed by a least two of the Overseers of the Poor.
The compensation of the Attorney of the Commonwealth the
It shall be the duty of the Police Officers to visit frequently all the streets and public alleys of the town, for the detection of nuisances and obstructions, and all obstructions and nuisances discovered by, or made known to them, to cause to be forthwith removed.
To endeavor to prevent the commission of offences against the ordinances of this Corporation, and against the laws of the State of Virginia, within their jurisdiction.
To endeavor to preserve the peace and keep good order in the town.
To give information to the Mayor of all offences against the Corporation, and of all offences against the State, committed within the jurisdiction of the corporation court of Fredericksburg, which shall come to their knowledge, and also the names of the offenders and witnesses, if known to them, and earnestly to enforce the laws of this Corporation.
To summon and attend in turn the meetings of the Common Council.
It shall be the duty of the Mayor:
To see that the Laws and Ordinances of the Corporation be faithfully executed.
1. The Commissioner of the Revenue shall begin annually on, or as soon as may be after, the first day of February, and proceed without delay to make out a correct list of all the improved lots and parts of lots in the town, with the names of the several owners thereof opposite thereto, and enter the same in a book to be called the Land Book, in which he shall set forth opposite the names of the owners, in as many columns as may be necessary, the number of each lot, agreeable to the plan of the town, the value of each lot with its improvements, and the amount of tax at the legal rate, and a note of the source of title. In ascertaining the value, he shall be governed generally by the value as it appears on his land book of the next preceding year. But he shall add the value of any addition to, or improvement on, an old building, and of any new building whenever there is such upon any lot, in his book, and shall, in respect to any land or building, supply any omission in his land book.
1. The Collector shall, in every year, so soon as he receives a copy of the land book and personal property from the Treasurer of the town, give notice for two weeks, in two of the newspapers published in the town aforesaid, where he will he found from the first to the fifteenth of October, inclusive, to receive corporation taxes. Whereupon any person may, by the fifteenth day of October in each year, discharge the tax against him on the said book, by paying to the Collector the amount of such tax, less five per centum for prompt payment; and if such tax is not paid by the fifteenth of October, it may be paid by the fifteenth day of November, deducting therefrom three per centum; and all taxes received by him in the month of October shall be paid to the Treasurer every day, and all received by him between the first and the fifteenth day of November, shall be paid weekly.
2. On the first Monday in December, in every year, the Collector shall begin to collect the taxes assessed on the Commissioner's books which are not previously paid, and from time to time pay over to the Treasurer all moneys and taxes collected by him for the use of the Corporation and finally settle his account of collections, on or before the second Monday in July in each and every year. In such settlement the said collector shall not have credit for any list of insolvents or absentees, but upon the oath of the Collector that such list is correct and true.
3. The taxes on real estate and personal property, and on all other subjects, (except the tax on drays, carts and wagons, which shall be paid annually on the first day of April,) shall become due and payable on the first day of December in every year, and may be destrained for on and after the 15th day of December succeeding.
1. The committee of public property shall, annually, before renting out the Butcher's Stalls in the Market House, fix the distance to which each stall, with blocks, benches and other fixtures, extend out from the side walls, and also assess the amount of rent for each stall for the year; and after such assessment the collector of taxes shall, at the market house, rent out to the highest bidder each stall for a year, so that such bid be not below the assessment of the committee, and shall take bond with good security for the rents, payable in national currency of the United States, to the
1. It shall be the duty of the Measurer and Inspector of lumber to measure, inspect and mark all lumber, and to inspect and count all shingles that may be brought to this town for sale and deliverable at the wharf or elsewhere, and to measure all wood, when called upon so to do, brought to town for sale and delivered at any place in town.
2. He shall divide all plank and scantling into three classes, to be designated first, second and third quality, and all shingles into two classes, to be denominated the first and second quality.
3. The Measurer and Inspector of lumber shall be entitled to have from the seller of the articles the following fees:
For measuring, inspecting and marking plank and scantling, twenty-five cents for every thousand feet.
For inspecting and counting loose shingles, ten cents for every thousand.
For inspecting and counting bunch shingles, three cents for every thousand; and
For measuring wood, six cents for every cord.
4. If the owner or consignee of any plank, scantling or shingles brought to this town in vessels, barges, cars or boats, shall sell and deliver the same before such articles shall have been put in the lumber yard or storehouse of the owner or consignee of the plank, scantling or shingles, without having such plank and scantling first measured, inspected and marked, or shingles inspected and counted by the Measurer and Inspector of lumber of this Corporation, such owner or consignee shall forfeit and pay twenty cents for every hundred feet of plank or scantling, and fifty cents for every thousand shingles so sold and delivered.
1. If the owner or consignee of any anthracite or bituminous
coal brought to this town, shall sell the same and have it delivered previous to its being deposited in the lot or storehouse of the owner or consignee, without having such coal weighed by the coal weigher of this Corporation, allowing; 2,240 lbs. to the ton, said owner or consignee shall forfeit and pay one dollar for every ton of such coal so sold and delivered.
2. It shall be the duty of the weigher and measurer of coal, salt and grain, to weigh, or see weighed, all anthracite or bituminous coal brought to this town, and to measure, if called upon to do so, and not otherwise, all corn, salt, oats and potatoes brought to this town for sale, and delivered at any place in the town.
3. For his services as weigher and measurer he shall be entitled to have from the seller of the articles the following fees:
For weighing anthracite and bituminous coal, eight cents for every ton.
For measuring salt, corn, oats and potatoes, twenty-five cents for every hundred bushels.
1. The hay-scales of this Corporation shall be annually let in the month of March, publicly, by the collector of taxes, to the highest bidder, who shall take bond with good security for the rent payable in national currency of the United States, to the Mayor and Commonalty of the town of Fredericksburg, on the first day of March ensuing; such bond to be left with the Treasurer until due, and then to be received and collected by said collector, and the amount paid over to the Treasurer,
2. The person renting the hay-scales shall be the weighmaster of the Corporation aforesaid, but before he performs any duty as such, shall take an oath before the Mayor or Recorder that he will faithfully discharge the same. He may appoint a deputy or deputies, who shall take the same oath.
3. It shall be the duty of the said weighmaster to keep the scale clean and perfectly balanced, and to weigh all hay, fodder and sheaf oats brought to the hay-scales for that purpose, and give ticket to the owner or person having such provender in charge,
1. If any person shall place, or permit to be placed on any street or public alley of the town of Fredericksburg any wood, coal, casks, boxes, merchandise or lumber, or other thing belonging to or consigned to him, and shall not remove the same within twelve hours after such articles or any of them shall have been first so placed or permitted to be placed, he shall forfeit and pay two dollars for every offence, and for every hour such articles shall remain in the streets over and above twelve hours, as aforesaid, he shall be fined one dollar.
2. A merchant, grocer or dealer in flour may, in front of his place of business; occupy with his goods, on the day on which he shall receive the same, one-half of the side-walk, but no more; but if at any other time a merchant or other person shall encumber a footway in the town aforesaid with barrels, boxes or other thing, and shall not remove the same within five hours after being requires: so to do by a police officer, he or she shall forfeit and pay two dollars, provided that nothing in this section shall be construed to apply to persons receiving coal or other fuel for family use, which shall be removed within a reasonable time, and further provided, that any merchant, manufacturer, or other person shall have the privilege of using four feet of the pavement from the wall of his house, to front of his house or place of business, for the
If any person shall keep a noisy or disorderly house, or shall be guilty of noisy, disorderly, riotous or indecent conduct, within the limits of this town, he shall be fined not less than one nor more than five dollars.
1. Hereafter it shall not be lawful for any person to carry about in the streets of the town any bread, cheese, cakes, fruits, pies or candy, small beer, soda water or pop, or any cigars or manufactured tobacco for sale, or to sell such articles, or any of them, in any of the streets of the town, without obtaining from the Mayor a license so to do. Every person violating this section shall forfeit and pay five dollars for every offence: Provided, that every baker and manufacturer of any of the articles in this section mentioned, who are residents of the town, may carry or employ one carrier or salesman to carry about and sell in the streets any of the articles made or manufactured by such baker or manufacturer without a license.
2. The Mayor of the town is hereby authorized to grant a license for three, six, nine or twelve months from the date of the license, to any person over the age of twenty-one years to carry about in the streets of the town, in a basket, the articles mentioned in the next preceding section, or any of them, and sell the same therefrom, upon payment to the Treasurer of such tax as may be imposed from time to time, by the Mayor and Council, upon such license; but no license shall be granted for less than three months.
3. All persons obtaining a license under this chapter shall have a ticket with the owner's name, the signature of the Mayor, and date of the license thereon, attached to each basket containing the articles mentioned in the first section; and every person failing to have a ticket or card attached as aforesaid, shall forfeit and pay one dollar for every day thereafter he or she shall exhibit his or her basket in the streets without the ticket or card required by this section.
4. Every person obtaining a license tinder this chapter may employ one carrier or salesman, when not acting under it himself.
5. The Mayor shall register the names of the parties obtaining such licenses, and opposite their names put the date of the license, the length of time for which it is issued, and the amount paid, a copy of which register shall be delivered by him to the finance committee before the end of the fiscal year of the Corporation, or whenever thereto required by the committee of finance or its chairman.
1. No person shall bring into or carry about this town on a Sunday, any fowls, chickens, eggs, fruit, vegetables, meat, or any other thing whatever, for sale or barter.
2. Any person offending against the preceding section shall pay a fine of not less than one not more than five dollars.
3. The half of the fines imposed under his chapter shall be paid to the police officer making the arrest, and the other half to the Treasurer for the use of the Corporation.
1. No person shall drive any horse or horses, when attached to any dray, cart or wagon, within the limits of this town, faster than a slow trot. Every person violating this section shall forfeit and pay one dollar for every offence
2. If any horse or horses attached to any dray, cart or wagon, shall run away in any street of this town, in consequence of the want of due care and caution on the part of the driver of such horse or horses, such driver shall forfeit and pay five dollars. 3. If any person shall drive, or cause to be driven, any horse or horses attached to any carriage, buggy, carryall or other vehicle, faster than an ordinary travelling gait, he shall be fined not less than one nor more than five dollars, at the discretion, of the justice before whom the offence is tried.
4. If any person shall wilfully strain any horse or horses in the town aforesaid, or ride or drive any horse or horses in said town, without holding in his hand the bridle and reins, he shall be fined for every offence not less than one nor more than five dollars, in the discretion of the justice by whom the offence is tried.
5. If any person or persons shall put, or cause to be put, any horse or horses to a dray, cart, wagon or carriage of any kind, within the limits of this town, for the purpose of breaking such horses to work, he or they so offending shall forfeit and pay five dollars for every such offence.
6. If any person shall wilfully drive any horse, horses, mules or oxen, or ride or lead any horse or mule on any footway of the town aforesaid, he shall forfeit and pay one dollar for every such offence.
7. If any person shall stop any horse, or dray, cart, wagon, carriage, buggy or other vehicle on any of the footways of this
1. Any person who shall, at any public meeting of the citizens of the town, or at any lawful exhibition or show held within the
If any person shall fire a cannon, musket, gun, pistol or other firearm in the town, unless in the execution of some law, or by a soldier in a military parade in celebration of some festival, or cause an explosion of gunpowder in the streets, he shall forfeit and pay two dollars.
2. It shall not be lawful for boys to assemble in any street of the town and play at any game of amusement which shall annoy the citizens near them, or impede persons in their passage along the streets or footways, under the penalty of one dollar for each boy so assembled and engaged, to be paid by the father, guardian or master as the case may be, of such boy or boys.
3. It shall not be lawful for any person to raise or fly any kite in any of the streets of the town. Every person offending against this section shall forfeit and pay two dollars for every offence.
4. It shall not be lawful for any person or persons to raise or cause to ascend any balloon or balloons from any lot or street within the limits of this town, without the consent of the Mayor,
1. If the officers, agents or employees of any railroad company shall cause any locomotive to be propelled upon any railroad or rail track in any street of this town, or shall cause any car, carriage or other vehicle to be drawn across any of the streets of this town at a rate greater than four miles per hour, such company shall forfeit and pay ten dollars.
2. If the officers, agents or employees of any railroad company shall stop, or cause to be stopped, any locomotive, car or other vehicle used on railroads, in any street in the town, such company shall forfeit and pay five dollars, and shall also forfeit and pay five dollars for every hour such locomotive, car vehicle shall remain in any of the streets of the town.
3. If any railroad company shall, in constructing or altering the track of any railroad in the streets of this town, obstruct the free use of the streets for wagons, drays, carts, carriages or other vehicles, or obstruct the free passage of water through the gutters of the streets, such company shall pay a fine of twenty dollars, and shall also pay a fine of five dollars for every day the railroad or the track of the railroad shall remain in such condition.
4. During the passage through or across the town of any locomotive, or train of cars, it shall be the duty of the company owning the railroad on which such locomotive or cars are running to cause a bell attached to such locomotive or cars to be rung, and for every failure so to do, such company shall forfeit and pay ten dollars.
5. It shall be unlawful for any minor to climb or get, or attempt
1. It shall be the duty of the owners of lots in this town to keep the footways in front of their respective lots in good order and condition and paved with brick or stone or covered with good sharp sand, or such other material as may be approved by the committee of streets.
2. If the surface of any part of the footway shall become broken or so uneven as to retain water, or be disagreeable to walk on, or in any way out of order, it shall be the duty of the police officers to notify the owners in front of whose lot the footway may need repairing or filling up, to have the same done, and in case such improvement is not made within ten days after such notice, the committee of streets shall cause such footways or parts of footways to be repaired, filled up and graded at the expense of the owners of lots who fail or refuse to put the footways in front of their lots in good order after notice so to do. Such expenses to be recovered by warrant in the name of the Mayor and Commonalty of the town of Fredericksburg, with the cost of the proceeding.
1. If any person intending to erect a new building or place any old one on the line of any street, or enclose any unimproved lot or square in the town of Fredericksburg, and shall give reasonable notice thereof to the Surveyor of the Corporation, specifying the time and place, when and where such building is about to be erected or placed, or enclosure put up, it shall be the duty of the Surveyor to attend at such time and place, and ascertain and
In every case in which the owner of an improved lot in the town shall be desirous of having a new fence erected between his said lot and any improved lot adjoining thereto, and the owner of the said adjoining improved lot shall not agree to pay his share of erecting such fence, the Mayor shall, on application of the party wishing to have a new fence put up, appoint three discreet freeholders of the town to view the premises, and under their hands to say whether a new fence to divide the lots of such parties is necessary or not, and the decision of the said freeholders, or a majority of them, shall be binding on the parties. And the party
1. All stoves now set up, or which may hereafter be set up in this town, shall have the pipes leading there from conveyed into a stone or brick chimney, or be otherwise so secured as to be safe from the danger of communicating fire to the building in which it is put up or to any adjacent building. If any person shall offend against this section, he shall forfeit and pay ten dollars, and moreover forfeit and pay five dollars for every day his or her stove shall be used afterwards without being secured and fixed as by this section directed.
2. If any person shall fire his chimney or suffer it to take fire in fair and dry weather, he shall forfeit and pay five dollars.
3. Every person now building or repairing, or that may hereafter build or repair any house in this town, shall every day whilst such building or repairing is being carried on, remove, or cause to be removed, to some place of safety, all chips or shavings or other combustible things, before the close of each day, from such building; and every person failing so to do shall forfeit five dollars, and shall also forfeit and pay five dollars for every day such chips, shavings or other combustibles shall remain in such building after having been notified by a police officer to remove the same.
4. If any person shall carry fire about in the streets of the town without having the same secured under cover, or shall fire on the streets any paper; straw or other thing, he shall forfeit and pay for every offence one dollar.
5. If any person shall make a fire in the market house or market lot, or put any fire in either place, he shall forfeit and pay five dollars.
1. If any person shall wilfully break or move from its place the
If any person shall hereafter put, or cause to be put, any stallion or jackass to a mare or jenny, within the limits of the town of Fredericksburg, he shall forfeit and pay for every offence ten dollars.
1. If any person not being an apothecary, livery stable keeper, keeper of an ice house, and keeper of an ordinary or barber shop, shall keep his or her store, shop or place of business open on Sunday, at any time of the day, such person shall forfeit and pay five dollars for every offence.
2. If any dray, cart or wagon be found in use (except in uses of necessity) on a Sunday, the driver thereof shall pay a fine of two dollars; and every person employing the same shall pay a like sum.
All Indian corn meal which shall hereafter he sold in this town, shall be sold by weight, and at the rate of fifty pounds to the bushel; and if any person shall sell in this town any Indian corn meal, otherwise than by weight as aforesaid, he shall forfeit and pay for every such offence the sum of two dollars; one-half of which fine shall go to the informer, and the other half to the Corporation.
Except for such purposes as are authorized by law, the courthouse bell of this Corporation shall not be used by any person or persons, nor shall the courthouse bell be rung at any time, by any person, except in cases of fire or on court day, without the permission of the Mayor. Every person violating this chapter shall be fined not less than one nor more than twenty dollars, in the discretion of the justice who shall try the case.
It shall not be lawful hereafter for any person or persons to open a grave or inter the dead body of any person or persons in what is known as the public burying ground fronting on Prince Edward street; and bounded on the north by William street, and on the south by George street, and which is closed with a brick wall.--Any person offending against this chapter shall forfeit and pay twenty dollars for every offence.
1. It shall not be lawful hereafter for hogs, shoats or pigs to go at large in the streets of the town, except in the months of June, July, August, September and October, and then only when each hog, shoat or pig shall have had its nose or snout so clipped or split that it cannot root; and all hogs, shoats or pigs found going at large in the streets in any month of the year other than
1. Whenever the Council imposes any tax on dogs, the same shall he paid to the Mayor, who shall, upon receipt of such tax furnish without cost or charge therefor, to the person paying the same, a collar with a piece of metal attached thereto, stamped with the letters C. F., and also the year in which the collar issued, in figures, to be worn around the neck of his, or her dog. And the Mayor is hereby authorized, to procure as many such collars as may be necessary, at the expense of the Corporation; and it shall be his duty to render to the Council, at the end of every quarter of the fiscal year of the Corporation, account of the amount expended for collars, and the amount received by him under this section.
2. All dogs owned by residents of this section, found running at large in the day or night time in the streets of this town, without such a collar as is mentioned in the preceding section, shall be liable to be killed, and the owner of such dog shall forfeit and pay for each offence one dollar, and upon failure to pay the fine forthwith, a magistrate may order such dog to be killed. The
1. No dray, cart or wagon shall be used or employed, directly or indirectly, in the town of Fredericksburg, for hire, unless the owner or keeper thereof obtain from the Mayor of this Corporation a license to use the same.
2. Before such license shall be issued, there shall be paid to the collector of taxes such tax as may be imposed by the Council of the town on said licenses, and the applicant for such license shall moreover give a bond, payable to the Mayor and Commonalty of the town of Fredericksburg, in the sum of one hundred and fifty dollars, with surety, to be approved by said Mayor, and conditioned for the faithful delivery of all articles which may be entrusted to the driver of such dray, cart or wagon during the time of such license. On which bond suits may be brought from time to time in the name of the Mayor and Commonalty of the torn, for the benefit of any person injured by any breach of the condition of such bond, until damages shall be recovered equal to the penalty of the bond.
3. The time for which a license shall be issued, under this chapter, shall be until the first day of April next after the same is issued.
4. A person obtaining such license may transfer the unexpired term thereof, provided the transfer be evidenced by the endorsement on the license, and provided the assignee give such bond as is mentioned in this chapter.
5. The Mayor shall keep a register of all drays, carts or wagons, and the name of each persons obtaining such licenses, and the names of the person paying the same, and for what. These things shall be stated in the license, where one is required; and the 29
owner of every dray, cart or wagon so licensed shall have painted thereon, if it be a wagon, on the side, and if it be a dray or cart, on the shaft, its number and the initials of its owner's name, in large and legible figures and letters, so that the same may be easily read.
6. If the owner of any cart, dray or wagon shall use or employ the same for hire, or permit the same to be done, without having obtained a license therefor, or shall fail to have painted thereon the number and initials, as required by the next preceding section, he shall forfeit and pay for every offence five dollars; and in every instance in which a dray, cart or wagon shall be used for hire in the town aforesaid, it shall be deemed to have been done with the permission of the owner of such dray, cart or wagon.
7. A copy of the register of drays, carts and wagons kept by the Mayor, and a copy of the list of those who shall have paid to the collector of taxes, the license on the same for the year, shall be delivered by the Mayor, on the second day of June, in every year, to the police officers for the more ready detection of violations of this section.
8. From every person to whom a license is or may be issued under this chapter, the Mayor shall be entitled to a fee of twenty-five cents.
9. The rates of drayage shall be forty cents for a dray or cart and eighty cents per load for a wagon to and from the wharves, until changed or altered by an ordinance of the Council; and if the owner or driver of any dray, cart or wagon demand and receive more, he shall be fined one dollar for every offence; and if the driver of any cart, dray or wagon shall refuse to work for any person, when unemployed, he shall forfeit and pay one dollar.
1. Any incorporated company or individual who may make use of any street or side-walk in the town of Fredericksburg, for the purpose of laying down therein, the main pipes, or any branches therefrom, for the distribution of gas or water, or for the purpose of removing or repairing the said pipes or branches, shall cause the opening so made in the streets or side-walks to be filled up and well rammed within forty-eight hours after the work has been commenced; Provided, however, that should said company or individual be prevented from completing the aforesaid work in the aforesaid time, by the occurrence of rain, they shall be allowed twenty-four hours for the purpose, after the rain shall have ceased
1. There shall be appointed by the Council annually, in the month of July or August, two overseers of the poor for the town of Fredericksburg, who shall remain in office until the next annual appointment, unless sooner removed by the Council. The Council may fill any vacancy occurring in the board of overseers.
2. The first Monday in September shall be the day, and the Poor House the place, for the annual meeting of the overseers.
3. The board of overseers may employ a steward, a physician and nurses when necessary, who shall receive such compensation as the board may deem reasonable.
4. All persons kept at the poor house who are able to work, shall be made to do so.
5. The board may prescribe regulations for the government and discipline of the poor house and the persons therein.
6. In respect to all matters not especially provided for in this chapter, the proceedings of the board and of the several overseers shall be in accordance with the laws of the State of Virginia.
7. All expenses of the poor house and out-door paupers shall be paid by the Treasurer, upon an order signed by two of the overseers of the poor.
8. What is paid by the Treasurer on account of such expenses, within the year during that for which the report is made, shall not exceed the amount which, according to said report, the overseers will require within such year, unless by a resolution of the Council more be specially appropriated,
1. If any horse, dog, cow or other animal die within the limits of the town, and the owner of such animal, at the time of its death, shall not immediately remove it one mile beyond the limits of the
1. All powder brought within the limits of this Corporation by land, and into the port or harbor, in any vessel other than a vessel of war, shall be stored in the public magazine; if brought by land as aforesaid, it shall be carried directly to the magazine; if brought into the port or harbor as aforesaid, it shall be carried to said magazine within one hour after it shall have been discharged from the vessel, unless within that time it be carried beyond the limits of the town: Provided the quantity thus brought in shall exceed the weight of thirty pounds; and that for any violation of the provisions of this section, the owner of the powder in question, the person who shall receive or take charge of it when brought in, and the owner, master and consignee of the vessel concerned in said violation, as the case may be, shall be severally liable to a penalty of five dollars for each twenty-five pounds of powder so brought into town, to be recovered by warrant before any justice of the peace of this Corporation, with costs for the use of the Corporation.
2. No person or persons shall keep, in any house, any quantity of powder exceeding thirty pounds at any one time, under the penalty of five dollars for every pound above that quantity.
3. The Mayor, or any justice of the peace, is hereby authorized, as often as he shall be informed, upon oath, of probable cause to suspect any. person or persons of concealing or keeping within the Corporation, any quantity of powder over and above thirty pounds as aforesaid, to issue a search warrant, to examine into the truth of such allegation or suspicion, and to search any place whatever therein.
1. The Collector of Corporation Taxes shall annually, after the first day of January, and before the January term of the Corporation Court cause to be published, twice a week for four weeks, in one of the papers printed in the town of Fredericksburg, a list of the real estate in this Corporation on which the taxes are unpaid to said date, mentioning the amount due on each lot or part of a lot, and the name of the party assessed therewith, and describing such lot, or part of a lot, as it is entered in the book of the Commissioner of the Revenue, and shall also post a copy of the said list on the front door of the court-house of said Corporation, on the first day of the January term of said court. To which list, so printed and published, a notice shall be added that the real estate therein mentioned, or as much thereof as shall be sufficient to satisfy the taxes on the same, with interest and charges of sale, and a commission of five per centum to the collector, will be sold at public auction, between the hours of 10 o'clock, a. m., and 3 o'clock, p. m., at the February term of the Corporation court thereafter, at the front door of the said courthouse.
2. If the said taxes, interest and commission be not previously paid, the said collector shall proceed to make sale accordingly, and the sale may be adjourned from day to day until completed.
3. The sale shall be of each lot separately, or of such undivided interest therein as shall be sufficient to satisfy the taxes thereon, with the interest, charges of sales and commission as aforesaid.
4. The collector conducting said sale shall not, directly or indirectly, purchase any real estate so sold, under a penalty of fifty dollars, for the use of the Corporation, recoverable before any justice of the peace, and the sale shall moreover be void.
5. The collector shall furnish to the purchaser of any real estate a memorandum and receipt similar to those mentioned in the 7th section of the xxxviith chapter of the Code of Virginia, and shall make out a list of the sales like the list required by the 9th section of the xxxviith chapter of said Code, with the words Corporation of Fredericksburg in the caption thereof, and return the same within thirty days to the Treasurer of this Corporation, and for
1. It shall not be lawful hereafter for any person to set up, keep, maintain or use, within the limits of this town, any bowling saloon or bowling alley, without a license therefor: Provided, however, that this section shall not apply to any saloon or alley now erected for which a tax is paid.
2. The Mayor of this town is hereby authorized to grant such license, when the applicant shall have obtained the assent, in writing, of a majority of the owners of real property in the immediate square where such saloon or alley is designed to be placed, and not otherwise.
3. There shall be paid to the, Treasurer of this Corporation annually, on the first Monday in May, for each license for a bowling saloon or bowling alley, which is or may be kept, maintained or used within the limits of this town, the sum of ten dollars; and when there is more than one alley in the same saloon or place, there shall be paid a tax of five dollars on each any every alley over one.
4. If any person shall set up, keep, maintain or use any bowling saloon, or bowling alley, without having a license therefor from the Council of this town, or without having paid the tax imposed on the same, he shall forfeit and pay five dollars for every day he may so offend.
1. No person or persons shall, within the limits of this town, exhibit, play or perform any theatrical or dramatical performance, entertainment, or show, or public exhibition for gain, without a license for the purpose from the Mayor. And the following tax shall be paid to the Treasurer of this Corporation on the granting of such licenses, to wit: Twenty-five dollars for every circus exhibition of animals or jugglars, and five dollars on any other public show, exhibition or performance elsewhere. But no tax shall be required under this section on a performance from a lecturer on a literary or scientific subject; or from a mechanic or artist exhibiting a work of painting or sculpture, or a work of production of big own invention or art, or a model illustrating such invention or art. And the Mayor, in his discretion may dispense with the tax in the case of a performance, exhibition or show for a religious or charitable purpose.
1. It shall not be lawful hereafter for any person to sell or offer to sell, anywhere within the limits of this Corporation, by sample, representation or otherwise, any wines, ardent spirits, malt liquors or any mixture of any of them; or any goods, wares or merchandize without first obtaining a license therefor. Any person or persons so found selling or offering to sell shall forfeit and pay not less than the amount of the license tax for each offence, to be recovered by law. The police officers shall see to the execution of this ordinance, and they shall be allowed one-half of the fines recovered under and in virtue hereof.
2. In case of failure to pay the fines for violation of section 1st of this chapter, the person or persons convicted shall be imprisoned and held in custody for thirty days.
3. The Mayor is authorized to grant the license under this chapter upon the exhibition of evidence of authority to sell under
1. It shall not be lawful hereafter for any person to carry from place to place, within the limits of this Corporation, any goods, wares or merchandize, and offer to sell or barter the same, without first obtaining a license therefor. Any person or persons so found offering to sell or barter, or selling or bartering, shall forfeit and pay not less than the license tax for each offence, to be recovered by law. The police officers shall see to the execution of this chapter, and they shall be allowed one-half of all fines recovered under and in virtue hereof.
2. In case of failure to pay the fines for violation of section 1st of this chapter, the person or persons convicted shall be imprisoned and held in custody for thirty days.
3. The Mayor is authorized to grant the license under this chapter, upon the exhibition of evidence of authority to sell or barter under the laws of the State of Virginia, and of the receipt of the Treasurer of the payment of the license.
1. It shall not be lawful hereafter for any horses, mules, cows, hogs or other animals, to trespass in the Corporation burying grounds or the Courthouse lot. Any animals so found trespassing shall be seized and held, and the owner or owners shall forfeit and pay two dollars in every case for every animal so offending, and one dollar for every two hours such animal shall remain seized and in the possession of the officer or officers so seizing and holding, after due notice to the owner of said seizure. It is made the duty of the police officers to see to the execution of this chapter and they shall be allowed one-half of all fines recovered under and in virtue hereof.
2. The fines and costs imposed under section 1st of this chapter shall be paid within five days, otherwise the animal or animals seized and held shall be sold to satisfy the same.
1. All forfeitures, fines and penalties for violations of this ordinance, or any by-law of this Corporation, or for failing to comply with any order of the Mayor of this town, or other justice, give in pursuance of any ordinance or by-law of this Corporation, except in cases where it is otherwise expressly provided, shall be the Mayor and Commonalty of the town of Fredericksburg, a recoverable by prosecution before the said Mayor or any other justice, with the costs of such prosecution.
2. Minors shall be prosecuted for breaches of this or any ordinance of this Corporation, in the same manner and to the same effect as person of lawful age. In the case of a minor, not an indentured apprentice, the judgment for the forfeiture, fine or penalty may, in the discretion of the Mayor, or justice who shall try the case, be given either against the minor, father or guardian. And if the offender be an indentured apprentice, the judgment may be either against the master or apprentice, in the discretion the justice by whom the offender is tried. For any violation of an ordinance or by-law of this Corporation by a married woman, the prosecution shall be against her husband, and the judgment shall be against him for the fine, forfeiture or penalty annexed the offence of which she shall be adjudged guilty.
3. When judgment shall be rendered for any forfeiture, fine or penalty under this or any other ordinance or any by-law of this Corporation, and the same shall not be immediately paid, with the costs of trial, the Mayor, or other justice rendering the same, shall issue execution thereon, to be levied of the goods and chattels of the person against whom such judgment is rendered, directed any constable of this Corporation, returnable within fifteen days, before the justice issuing the same. The officer who may levy such execution, shall sell the property thereby taken, at public auction, for cash, before the front door of one of the auction rooms of this town, or at the market house in this town, after posting a notice of the time and place of sale at the market house at least five days before the day of sale, to satisfy said execution and costs attending the levy and sale thereof.
4. In all cases of the trial of a minor, the father or guardian such minor shall have notice of the trial, if such father or guardian be a resident of this town.
5. On the fourth Tuesday of September, December, March and June, the Mayor shall return to the Treasurer an account of fines
There shall be appointed by the Mayor, in the month of March, four standing committees, each to be composed of three members of the Council---viz: A Committee on Finance, a Committee on Public Property, a Committee on Streets, and a Committee on Pumps.
The Committee on Finance shall attend to the finances of the Corporation, and recommend to the Council the way and manner of raising the means to meet the expenses and claims against the Corporation, and shall examine and report to the Council, all claims against the Corporation, not authorized by the several committees.
In the construction of this ordinance, the following rules shall be observed:
First. The word "justice" shall be construed as if the words "of the peace for the Corporation of Fredericksburg" followed it.
Second. The word "town" shall be construed as if the words "of Fredericksburg" followed it.
Third. The words "this town" shall be construed to mean "the town of Fredericksburg."
Fourth. The words "this Corporation" shall be construed to mean the Mayor and Commonalty of the town of Fredericksburg."
Fifth. A word importing a singular number only, may extend and be applied to several persons and things, as well as to one person or thing; and a word importing the masculine gender only shall extend and be applied to females as well as males.
The seal heretofore provided and used shall continue to be the
Rule. I. The Council shall meet on the fourth Tuesday in every month at 8 o'clock in the evening, except when otherwise ordered, and also meet at any other time to which it may adjourn, or be regularly called or convened. If seven members fail to attend within half an hour after the time appointed for a meeting, the clerk shall enter on the journal the names of those attending, and the adjournment for want of a quorum, and shall publish the same.
Rule II. Every resolution or proposition moved shall be in writing, and shall be seconded before the question is taken; and, if carried, the name of the mover shall be entered on the journal.
Rule III. If the Council direct any matter to be the special business of a future meeting, the president shall, at such future meeting, so soon as the proceedings are read and signed, announce such special business, and it shall have priority over, all other business.
Rule IV. A member shall rise and address himself to the president, and be recognized by him as entitled to speak before he proceeds. After being so recognized, the member (except when called to order by the president or another member) shall not be interrupted during the time allowed him. No member shall speak more than ten minutes at any one time, unless he be a chairman of. a committee, in explanation of a report or ordinance, when he shall be allowed, if he desire it, fifteen minutes; nor shall any member speak more than twice upon the same question.
Rule V. Every question first made and seconded, shall be decided before a second is received, unless disposed of by the previous question: the previous question may be called at any time, three members concurring.
RULE VI. On the decision of any question, the yeas and nays shall be entered on the journal, if required by any member.
Rule VII. All appointments to places of profit or trust, to which any compensation or salary is annexed, shall be made by ballot, the persons intending to be ballotted for being first put to nomination.
Rule VIII. The officer presiding at the Council shall have the nomination of the members of all committees; and his nomination shall be conclusive, unless objection is made by some member present, in which case the Council, if it so determine by vote, shall make said nomination.
Rule IX. All notices to members to attend Council, either by adjournment or regular call, shall be delivered to the member himself, or left in writing at his dwelling house or counting room by the police officers.
RULE X. All debate shall be regular, decent, and without altercation or personal invective; it must also be pertinent to the question.
Rule XI. The presiding officer shall not allow any one to speak longer, or more frequently than these rules permit. He shall in this and all other matters preserve order and decide any question raised concerning it; but any member may appeal from his decision to the Council, which may affirm or reverse such decision.
RULE XII. All applications to the Council shall be in writing, except where otherwise allowed, and be delivered to the Mayor previous to the time of meeting, or communicated through one of the members.
RULE XIII. It shall be the duty of the clerk, at each meeting of the Council, to lay before the Council a list of the unfinished business; and it shall be the duty of the person presiding to call over the same before any new business is entered upon.
Rule XIV. All spectators are to remain without the bar, where they are to conduct themselves in a quiet and orderly manner.
Rule XV. No ordinance shall be amended, suspended or repealed, except by ordinance regularly introduced and passed.
RULE XVI. Every member present when a question is put on an ordinance or resolution shall, unless interested, or excused from noting by the Council, vote on one side or the other of such question.
Rule XVII. After a member has at any meeting been entered as present, he shall not, without leave of the Council, absent himself from such meeting until its adjournment.