CHAP. 127.--An ACT to provide a charter for the town of Onancock in the county of Accomac.

1. Be it enacted by the general assembly, That the town of Onancock, in the county of Accomac, as the same has heretofore been, or may hereafter be, laid off into lots, streets, and alleys, shall be and the same hereby is made a town corporate, by the name of the town of Onancock, and by that name shall have and exercise the powers conferred upon towns by the fifty-fourth chapter of the Code of Virginia, of eighteen hundred and seventy-three, and be subject to all the provisions of the said Code, and to all laws now in force, or which may hereafter be enacted in reference to the government of towns of less than five thousand inhabitants, so far as the same are not inconsistent with the provisions of this act. Onancock incorporated

2. The boundaries of the said town shall be as follows: Beginning at the northwest corner of the wharf belonging to Hopkins and Brothers
, known as the steamboat wharf; thence up the south fork of Onancock Creek, by and with the outer edge of the several wharves, and then by and with ordinary low-water mark, to the head of said fork; then, by and with the run of the branch emptying into said fork, between the land known as the college property and the land of Isaiah W. Bagwell; then up the said branch, with the run thereof, to a point between the land of said I. W. Bagwell and Thomas Johnson; then in a right line, through the land of the said Thomas Johnson and of George W. Powell, until it strikes the southeast side of the road, or street, north of the main county road, between the lands of Thomas Johnson and Henry Hall -- the last named line being a prolongation southwestwardly of the line of the southeast side of said road or street; then, by and with the southeast side of said road, or street, to the run of the branch between the lands of said Thomas Johnson and William S. Mills; then, by and with the run of said last named branch, to the head of the north fork of Onancock creek; then, by and with ordinary low-water mark, along said north fork and the outer edge of the several wharves, to the point of beginning. Boundaries

3. The government of said town shall be vested in a mayor and five councilmen, to be elected annually, on the fourth Thursday in May, from the qualified electors of the said town. Any person entitled to vote in the county of Accomac, and who has resided within said town for three months previous to any election, shall be entitled to vote at all elections under this act of incorporation. The mayor shall appoint two members of the council, who, with the town clerk, shall hold said elections, between the hours of one, post meridian, and sunset; and they shall decide any contest with reference to the right of any person to vote, and shall count the ballots, and certify to the council the names of the persons elected mayor and councilmen. In case of a tie vote, the clerk shall decide, in the presence of the two councilmen aforesaid, by lot. Said clerk shall immediately thereafter, make out and deliver to the mayor, and to each councilman elected, a certificate of his election. The first election under this act shall be held on the fourth Thursday in May, eighteen hundred and eighty-two. All officers of said town shall take the oath of office before the town clerk, or some other officer authorized to administer oaths. The council shall appoint the times when it shall meet.Officers of town; how elected

4. The mayor and councilmen shall constitute the council of said town, a majority of whom shall constitute a quorum to do business, and all the corporate powers of said town shall be exercised by said council, or under its authority, except where otherwise provided by law. The mayor shall be president of the council, and shall have all the rights, powers, and privileges such office confers under the general laws governing towns within this state, and shall be invested with all the powers of a justice of the peace within the limits of said town, and one mile beyond said limits, except that no civil warrants shall be issued or tried by him; and all fines, penalties, or imprisonment for violation of the by-laws or ordinances of said town, shall be recovered before, or enforced under the judgment of the mayor, and for that purpose he may issue process as a justice of the peace, and shall be entitled to the same fees as a justice for like services; but the mayor shall have no vote in the council, except in case of a tie. Any vacancy which may occur in the office of mayor or councilman, shall be filled by the council. The mayor and councilmen shall hold their respective offices for one year from the first day of July succeeding their election, and until their successors are elected and qualified.Council -- how constituted; their powers, &;cTerm of office

5. The said council shall have power to elect a treasurer, a clerk, a sergeant, and any other officer they may deem necessary for the said town, to regulate their compensation, prescribe their duties, remove them from office, and require bond, with approved security, for the faithful performance of their respective duties. The council shall also have power to pass all by-laws and ordinances for the government of the said town which they may deem proper, not in conflict with the constitution of this state or the United States, to mark accurately the bounds of existing streets, and alter or change the same, and to lay off new streets, alleys, or sidewalks, and keep them in order, and to make other improvements, for which purposes the council of said town shall have the same powers and jurisdiction for condemning land for streets, alleys and sidewalks, as the county court has for condemning lands for roads in the county; to cause to be made a survey and plat of the said town, showing distinctly its boundaries, its public streets, alleys and sidewalks, and their width, with such remarks and explanations as they may deem proper; to regulate or prohibit the running at large of animals; to provide and protect shade trees; to establish a fire department with suitable and necessary conveniences; to make regulations in reference to contagious diseases; to abate nuisances; to provide for order and quiet and the observance of the Sabbath within said town and one mile beyond its limits; to punish violations of the ordinances and by-laws of the council with stripes, fine and imprisonment, or either; to appoint annually three electors of said town to assess the value of all real and personal property, within said town, for the purpose of taxation, who shall certify their assessment to the council; and, in addition to the powers conferred by this act, shall have the same powers and authority as the councils of towns of less than five thousand inhabitants, under the general laws of this state; and for the purposes of this incorporation said council may levy such taxes as they may deem proper, on all property, real and personal, within the said town, not to exceed twenty cents on the one hundred dollars assessed value; a capitation tax not to exceed fifty cents per year; a tax on dogs not to exceed one dollar per year; and a license tax on every vocation, profession, or business for which a state license is required. In case of failure to pay the tax on any dog or bitch, the same shall be killed by the town sergeant, under regulations to be prescribed by the council. May elect a treasurer, &;c

6. The sergeant of said town shall be a conservator of the peace, and be invested with the full powers of a constable, within the limits of said town, and also have the power to arrest offenders within one mile of said limits for offences committed within the limits of said town, or against its by-laws or ordinances, and shall be entitled to the same fees as a constable for like services; and for the purpose of carrying into effect this corporation, the said town shall be allowed the use of the jail of Accomac county, for confinement and safe-keeping of all persons arrested or sentenced to imprisonment under the by-laws and ordinances of the council of said town; and the sergeant of said town may convey any person so arrested or sentenced to said jail, and the jailor shall receive such person in the same manner as if such person were committed by a justice of the peace and delivered to said jailor by a constable. Sergeant -- his duties and powers

7. The said town, and the property and persons therein, shall be exempt and free from the payment of any road tax, and from working on roads outside of said town, for which exemption the said town shall keep its own streets in order, and shall not be embraced in any road district of the said county of Accomac. Exempt from road tax

8. Captain William H. A. Hopkins, is hereby declared to be and appointed mayor, and John M. Fosque, junior, Upshur B. Quinby, George W. Powell, Edgar W. Robertson, and Stephen Hopkins are hereby declared and appointed councilmen of the said town of Onancock, and may qualify as such before any justice of the peace of Accomac county, by taking the oaths of office, and thereupon they shall constitute the council of said town with all their powers, until the first day of July, eighteen hundred and eighty-two, and until their successors are elected and qualified. The council hereby appointed shall meet and organize upon the call of said Captain William H. A. Hopkins, as mayor, or any three of the said councilmen. Members of council declared to be

9. This act shall be in force from its passage.Commencem't