Chap. 115.—An ACT to provide a charter forthe town of West Point.
Approved May 2, 1887,

1. Be it enacted by the general assembly of Virginia, That
chapter two hundred of the Acts of Assembly, ciehteen hun-
dred and eighty-three, be amended and re ‘enacted so as to
read as tollows:

gl. The town of West Point, in King William county, as

the same has been heretofore laid off into lots, streets, and
alleys, shall be and the same is hereby made a town corpo-
rate, by the name and style of the town of West Point; and
by that name shall have and exercise the powers conferred
upon towns by, and be subject to the provisions of the fifty-
fourth chapter of the Code of Virginia, eighteen hundred and
seventy-three, and of all laws now in force or that may here-
after be enacted, except so far as they are inconsistent with
powers hereby conterred, applicable to towns of less than five
thousand inhabitants.

§2. The boundary of said town shall be as follows: Begin-
ning at the confluence of the Mattaponi and Pamunkey rivers;
thence up the Pamunkey river with the meanderings thereof
to the land known as the Taylor estate; thence along the line
of said estate to the Mattaponi river; then down the Matta-
poni river to the place of beginning.

Officers.

§3. The officers of said town shall consist of a mayor and
seven councilmen, who shall constitute the council of’ said
town; a sergeant, and such other officers as the council shall
deem necessary. The terms of the mayor and councilmen
shall commence on the first day of January succeeding their
election. The terms of officers elected by the council shall
commence immediately upon their election, and shall be for
three years, unless the council shall prescribe a different term.
The council shall have power by election, to filt all vacancies
that may occur in its own body, in the mayoralty, or in any
ottice which it may have created, and such election shall be
for the unexpjred term. All officers elected by the people or
by the council, shall continue in office until their successors
are clected and have qualified,

Elections.

§4. An election for mayor and councilmen shall be held on
the first Saturday in December, eighteen hundred and eighty-
seven, and every three years thereafter.

§5. It shall be the duty of the county court of King Wil-
liam county, at its regular term for October, eightcen hun-
dred and eighty-seven, and every three years there: after, to
appoint a qualified voter of said town, as registrar for said
town, forthe three years following such appointment. It
shall be the duty of said revistrar to register, according to
state law, at any time except us herein otherwise provided, in

a special registration book provided for the purpose, all the
citizens of said town who are qualified voters of said town as
hereinafter set forth, who shall apply to him to be registered.
On the twelfth and eleventh days preceding any regular elec-
tion under this charter, it shall be his duty to set two days
for the purpose of revistering voters, and from sunset of the
cleventh day, preceding each election to sunrise of the day
tollowing such election, no name shall be entered upon suc +h

revistration book: provided that no person shall be entitled
to have his name entered upon such registration book by
reason of a transfer from any other voting precinct in this
State. Such registrar shall he entitled to a Compensation of
two dollars per day for each day he shall sit under this charter,
and in addition thereto, to ten cents per name for cach name
he shall enter upon such registration book, on any day other
than the regular registration days, which compensation shall
be paid out of the town treasury. It shall be the duty of
such registrar to give notice of the days upon which he shall
sit to register votes under this charter, by posting notices at
three or more public places in said town for ten days preced-
ing such sitting; and five days previous to any election, be
shall post at a conspicuous place in said town a list of’ ail
voters who have been registered since the next preceding
election.

$6. It shall be the duty of the county court for King Wil-
liam county at its rezular term in October, eighteen hundred
and vighty-seven, and every year thereatter, to appoint three
qui alified voters of said town, who shall be judsces of elections
at every election for town officers for three years following
their appointment, or until thei successors are appointed and
have qualified. Such judyes shall have authority to appoint
clerks for each election, and such judges and clerks shall be
entitled to two dollars per day for cach election day to be
paid out of the town treasury.

Sf. It shall be the duty of the council at its revuiar meet-
ing inthe month preceding any election, to provide a place
for conducting such election: and it shall be the duty of the
sergeant of said town to give notice of the time and place ot
any municipal election, by posting in said town three or more
notices thereof for How days preceding any eleetion,

§8. The qualified voters of said town shall consist of all
the male inhabitants of said town qualified to vote for mem.
bers of the general assembly, who are duly registered upon
the town revistration books, and have been actual residents
of the town for three months next preceding the election at
which they offer to vote.

§ 9. The mode of conducting said election and of canvass-
ing the votes, shall conform to the law with reference to State
electious, So soon as the result bas been certified in accord.
ance with State law, it shall be the duty of the judges to seal
the poll books, each separately, and to securely seal the bal-
lots in aseparate packet. So soon as this is done, the judges
shall agree between themselves, and if this cannot be done.
shall decide by lot which one of their namber shall take
charge of the returns. It shall be the duty of the judge in
whose char ve the ballots and returns are given, to deliver on
the day followi ing the election, Sunday excepted, to the town
clerk, one of the poll books and the ballots, still securely
sealed, and to deliver the other poll book, stil sealed, to the
clerk of the county court for King William county.

§ 10. It shall be the duty of the town clerk, immediately
upon receipt of such ballots and poll book, to tile the former
away in bis office, and to open the latter and record the re-
sult of the election, as certified by the judges and clerks in
the record book of the council. Within. ten days aiter any
election, the mayor of said town shall examine suid record.
and vive to the persons who, according to the face of the re-
turn as recorded, have a majority of the votes cast, certifl-
‘rates of their election.

S11. The county court of King William county shall have
jorisdicting of cases of contested elections in said town, with
the right of appeal to the circuit court. The mode of con-
testing. such election and of hearing and determining such
contest, shall conform to the law with reference to contesting
the election of county oflicers.

Mayor.

§ 12. The mayor of said town shall be ex officio a justice
of the peace for King William county; shall preside at all
meetings of the council, and it shall be his duty to see that
that the ordinances of the council are enforced and that good
order is preserved. He shall have charge of and command
the police force of the town; shall appoint such policemen
as the council may deem necessary. and may remove any
police ofticer for misfeasance, malfeasance, or gross neglect of
public duty, put in all cases s he shall report to “the next meet:
ing of the town council the reasons for bis removal. He
shall bave authority to hear and determine all charges
against any person or persons fora violation of town ordi.
nances, and if he find such person guilty, may prescribe the
punishment of the offence within the limits named by the
council. In cases in which a fine is imposed, he shall have
authority to issue fierl facias executions tor the recovery of
the fine; and when in his judement it is necessary, he may
issle a capias pro fine, and may imprison the person found
guilty until the fine is paid; but in all cases in which the
person is found guilty and imprisoned, or a fine not exceed-
ing twenty dollars, or both, is imposed, the party shall
have a right of appeal to the county court of King William
county, on application within ten days, and on security being
given, in cases of fines, to the satistaetion of the mavor, LO
pay the fine and cost, should the payment be affirmed, the
verbal ac nowledument of a surety in such eases shall be
suflicient: prov ided the mayor shall endorse on the warrant
the name of the surety and the amount of the penalty; and
if the judgment be attirmed, the clerk of the said court shall
have authority to issue exccution for the fine and cost against
the detendant and his surety. But the party fined shall have
the right of appeal to the county court of King William in
all cases, and in the same manner as where parties now have
the right of appeal from the judgment of a justice of the
peace.

Counell.

$13. The council shall have power to pass such by-laws
and ordinances for the government of said town which they
may deem necessary; to elect a sergeant and such other
oflicers as they may deem necessary; to prescribe the num-
ber of policemen for the mayor to appoint, and to fix the
Salary of such policemen and of all ofticers elected by it; and
to prescribe the punishment, by fine or imprisonment in the
town jail, or both, for a violation of a town ordinance.
§ 14. Said council shall have authority to levy a tax upon
all the real and personal property in said town not exceeding
fifty cents upon every hundred dollars in value; to impose a
license tax upon all business carried on in said town, provided
such business is not contrary to law; to impose a tax for the
privilege of keeping a dog or lows within the corporate
limits, and to levy, if they deem it necessary, exclusively for
public tree school purposes, in addition to the levy hereinbe-
fore provided for. and any capitation tax.a tax not exceeding
thirty cents on the hundred dollars of real and personal pro
perty.

§ 15. It shall be the duty of said council, at its first regu-
lar meeting in Pebruary., vighteen hundred and eighty-eight,
and its first regular meeting In February of every titth year
thereatter, to appoint three frecholders, who shall be electors
in said town, whose duty it shall be to assess all the real es-
tate of said town for corporation purposes. Said assessors
In making such assessment shall not be bound by any assess-
ment made tur State purposes, but may assess at a rate
greater or less than the State’ assessment. Said assessment
shall be taken as the basis of value in all taxation for corpo-

ration purposes, Any person who feels bimself agerieved
by such assessment, may apply to the council at the March

or April meeting after such assessment, to have the same cor-
rected: and said council may correct such assessment, if they
deem it erroncous.

$16. It shall be the duty of the council at its regular meet-
ing in February of each year. to appoint one fr eeholder, who
shall be an elector in said town, whose duty shall be to assess
all personal property and _ all improvements put upon real
estate in the town since the last preceeding assessment of real
estate for corporation taxation. The remedy for those com-
plaining of such assessment shall be the same as in section
fifteen.

§17. The said council shall have power to order the col-
lection of taxes due for any year; to instruct the sergeant to
add a penalty of tive per centum to any tax bill which shall
remain unpaid atter a certain date; to instruct the sergeant
to levy for taxes when they deem it necessary, and to em-
power the sergeant to sell any real estate which shall be re-
turned delinquent tor the non-payment of taxes for any year.

Sergeant,

£18, The sergeant of said town shall be a conservator of
the peace, and be invested with the full powers of a constable
within the corporate limits, and shall also have authority to
arrest offenders within King William county for offences com-
mitted within such limits. He shall collegt all taxes in said
town, and when instructed so to do by the town council, shall
have power to levy or distrain for taxes Just as a State ofticer
has tor State taxes. Ie shall execute a bond for the proper
discharge of his duties in such penalty as the council may
rescribe, and shall be prepared on or before the first day of
Sanuary of each year during his term, to exhibit before the
council or its committeo a full statement of his transactions
as sergeant during the preceding year.

§19. The sergeant shall have authority to collect all fines
imposed by the mayor; to collect such tines by ficri facias
executions issued by the mayor, and to execute any order of
arrest issued by the mayor.

§ 20. The sergeant shall when instructed so to do by the
council, make sale of real estate returned delinquent for the
non-payment of taxes. The town shall have a lien upon all
real estate within its limits for all taxes imposed thereon, and
when such taxes are returned delinquent for all expenses,
including a commission of five per centum to the sergeant
attending the sale of such real estate.

§ 21. It shall be the duty of the town sergeant to furnish
to the town council at its first regular meeting atter this act
becomes a law, and at its first rerular meeting in January of
every year thereafter, a list of all real estate in said town
which is delinquent for the non-payment of taxes. Upon re-
ceipt of such list the council shall order a sale of such real
estate at such time as it shall think best. So soon as the
council shall order a sale, it shall be the duty of the sergeant
to advertise by publication for four successive weeks in some
newspaper published in said town, and by hand-bills posted
at three or more public places in said town for thirty days,
to offer said real estate for sale at public auction. Said adver-
tisements and band-bills shall show the quantity and descrip-
tion of reul estate, the name of the person to whom assessed,
the year or years for which the tax is due, and the total
amount of taxes due. Between the time such land is returned
delinquent and before such sale, the owner may redeem the
same by paying to the sergeant the taxcs due, five per cen-
tum commissions thereon, interest at the rate of six per
centum per annum, a fee of twenty-five cents to the ser-
geant for making out a receipt and a proportionate share
of the expenses of advertising. On the day fixed for
the sale, the sergeant shall offer such real estate if not
redeemed, for sale publicly. He shall not scll more than
ig necessary to bring the amount of taxes due and ex-
penses, trom any one man: provided that not less than
One lot, unless less than one lot is assessed shall be offered for
Sule. He shall sell said real estate to any person who will
pay the taxes and real estate due thereon. If no bidder ap-

ear, the town sball become the purchaser of such real estate.
The sergeant shall receive of each purchaser the taxes and
‘expenses as enumerated in this section, executing to him a
receipt therefor for which he shall receive a tee of twenty-five
cents. The owner of such real estate may redeem the same
any time within two years from the date of sale by paying to
the purchaser the amount paid to the sergeant by him with
ten per centum interest thereon, and if not redeemed, the
mayor of the town shall execute a deed to the purchaser
when called upon to do so, after the expiration of the two
years, conveying such real estate. The mayor’s deed exe-
cuted under this section to such real estate, shall convey s
complete title to any real estate sold, and in any effort to
recover such real estate from a purchaser under this section,
all the proceedings in connection with such sale shall be pre-
sumed to be regular, and if it shall appear that the taxes
were due; that the council ordered the sale; that the property
was duly advertised; that the sale occurred, and that the
party in possession or his grantors became the purchaser,
and paid the purchase money, bis possession and title shall
not be disturbed in any of the courts of this commonwealth.
notwithstanding any irregularity in the proceedings.

§22. It shall “be the duty of the treasurer of King William
county to keep a separate account of the State capitation tax
collected each year, commencing with the year cightcen hun.
dred and eighty-seven, from citizens of West Point, and at
the times when it would be his duty to settle with the State
auditor, to pay the whole amount derived from such source,
less his commissions, to the treasurer of the town of West
Point. The auditor of the State shall receive the receipts of
the said town treasurer from the treasurer of King William.
as cash in his settlement with said county treasurer. All
money 60 received by the town treasurer shall be used exclu-
sively for public free school purposes in said town: provided
that the amount so paid the town treasurer by the county
treasurer, shall be in full of the amount to which the town
would otherwise be entitled as a school district of King Wil-
liam out of the school fund due from the State or county.

§ 23. Every citizen of said town who is liable therefor, shall
be exempt from the payment of any road or district tax, and
from any county capitation tax: provided that the council ot
the said town may impose a capitation tax of fifty cents upon
every voter in said town, which tax shall be used exclusively
for public free school purposes in said town.

§24. Except as otherwise provided in this charter, all laws
for the government of towns of less than five thousand inhabi-
tants shall be fully applicable to the town of West Point.

§ 25. All acts or parts of acts inconsistent with this charter
are hereby repealed.

§ 26. This act shall be in force from its passage.