Chap. 155.—An ACT to amend and re-enact the act entitled an act
amending the Charter of the Town of Danville, passed March 4, 1854,
and incorporating into one all acts amendatory thereof.

Passed December 15, 1865.

1. ‘Be it enacted by the general assembly, That all the ter-
ritory included in the followi ing boundaries, viz: Beginning at
a point on Dan river, directly opposite a spring called “ Lynn's
spring,” on the canal ; thence, by said spring, in a direct line,
to the northwest corner of the old public grave-yard; thence,
along the western line of said burying-ground, to the south-
west corner of the same; thence, in a direct line, to the
southwest corner of William IT. Sutherlin’s lot, including the
same, and following the line of said lot to ‘the southeast
corner thereof; thence, in a direct line, to the junction of
the road leading by the house of N. 'T. Greene, deceased,
with Calhoun street, leading by the house formerly owned by
Rt. L. Downes; and thence, by Thomas Grasty; thence, along
the southwest side of said street, to the southwest corner of
said Grasty lot, in the line of the said N. T. Greene’s estate ;
thence, along the said Grasty’s southern line, to the rear of
his lot; thence, with the back line of said lot, until it reaches
the northeast corner of the same; thence, in 4 direct line, to
the southern bank of Dan river, to a point where once stood
a large poplar tree, which marked the northeast corner of
the town; thence, up the southern bank of the said river, as
it meanders, to the beginning—shall continue to be the town
of Danville: and the inhabitants within said boundaries, and
their successors, shall be a corporation, under the name and
style of The Town of Danville: and the fifty-fourth and
tifty-sixth chapters of the Code of Virginia, so far as they are
consistent with this act, shall be applicable to said corporation,
and to the council of said town.

2. There shall continue to be for the said corporation a
court of record, which shall be called “the court of hustings
for the town of Danville;” and the same shall be held by the
mayor and aldermen of said town, or any three or more of
them, except where it is otherwise provided. The monthly
terms of said court shall be held on the fourth Monday in
each month, and the quarterly terms thereof shall be in the
months of March, June, August and November.

3. There shall continue to be held in the town of Danville,
twice in each year, a circuit court for said town, the jurisdic-
tion whereof shall extend to all cases arising within the cor-
porate limits of said town, and for one mile beyond the limits
of the same, over which the circuit court of the county of
Pittsylvania bas heretofore had jurisdiction; and the said
court shall be held on the twenty-fifth day of March and the
twenty-fifth day of August, by the judge of the fourth judi-
cial district. ,

4, The’ jurisdiction of said court of hustings, except as to
matters of police, which sha]l belong to the council, shall cor-
respond with that of the county courts, as established by
law; and the said court shall continue to have jurisdiction,
and the said mayor and aldermen shall continue to have the
powers of a justice of the peace, not only within the said
corporate limits, but also for the space of one mile without
and around the limits of said town, in all matters arisine
within the said town, or the said space of one mile beyond
and around the same; and shall execute their office in like
manner and under like responsibilities, and receive the like
compensation for services rendered by them in court, as the
justices of the peace of the county courts within this com-
monwealth receive; to be paid by the corporation aforesaid :
provided, however, that not more than three aldermen shall
receive compensation for any one day of such service in court,
unless such court be one in which a greater number than
three aldermen are required by law. The said aldermen shall
classify themselves for service in court, in like manner as
county justices are classified by law; and any presentment
in said court, by a grand jury, for an oifence e against the said
laws, committed within the jurisdiction of said court, may
be presented in said court in like manner, and like proceed-
ings had thereon as in the county court of Pittsylvania; and
the said court of hustines shall bear the same relation to the
circuit court for the town of Danville, as the county court
of said county bears to the circuit court thereof, and appeals
may be taken, and writs of error, supersedeas, certiorari, and
any other judicial writs may be sucd out and prosecuted in
like manner as is done in the county courts of the common-
wealth.

5. The court of hustings shall have the sole power to settle
tavern rates, and to license, in the manner prescribed by law,
tavern keepers and ret tailers of wine, ardent spirits, or a mix-
ture thereof, within the limits of the said town.

6. The corporate powers of the town of Danville shall be
vested in a board, called “the council of the town of Dan-
ville;” which shall be composed of cight members, any five
of whom shall constitute a quorum tor the transaction of
business.

There shall be held biennially an election on the third
Thursday in May, or in case of failure, from any cause, to
hold an election on that day, on such day thereatter as the
council may appoint, to elect a mayor, nine aldermen, eight
councilmen, a sergeant, treasurer, and commissioner of the
revenue for the corporation.

8. A clerk for the court of hustings and a clerk for the
circuit court shall be elected every sixth year, and an attorney
for the commonwealth, who shall act in that capacity both in
the hustings and circuit courts, every fourth year, on the day
on which the election shall be held for the officers provided
for in the sixth section immediately preceding.

9. In all elections for officers of the corporation, every
white male citizen of the commonw ealth, who shall hav e re-
sided in the said town for the space of twelve months imme-
diately preceding the day of election then to be held, and
paid the corporation tax of that preceding year, if he shall
Have been assessed with any, shall have the right to vote, and
he chatble as a member of the ecouneil and of the court of
hustings; and mall other elections, those who are qualitied
to vote for members of the general assembly shall be per-
mitted to vote.

10. The said clections shall be held at the courthouse of
said town, or at such other place in the corporation as the
council may appoint. The council shall in all cases cause to
he pute ied due notice of the time and place for holding
such elections. for at least two weeks in some newspaper pub-
ished in said town. if there be sueh newspaper in course of
pubheation; or for want thereof, notive shall be given by the
council In some manner efficient to make the time and -place
of election publicly known.

Tt. For sunerintending said elections, the couneil shall.
previous thereto, appoint three commissioners, any two of
whom may act, who shall have the same powers and pertorm
such ditics as are prescribed by the sixth section of chapter
seven of the Code of Virginia. and shall take the oath re-
quired in the seventh section of said chapter, a certificate of
which shall be returned to the clerk of the council, to he
preserved in his office. The second section of the said chap-
ter in the Code shall apply to the poll at such election.

12. Jt shall be the duty of the sergeant, either by himself
or deputy, under the superintendence and control of said
commissioners (after having taken the oath prescribed by the
tenth section of the said chapter, a certificate of which shall
be returned to the clerk of the council), to conduct the said
election. Ife shall cause the polls to be publicly opened;
proclaim and see recorded the votes admitted by the com-
missioners; preserve order and remove toree. He shall em-
ploy writers, at such rate of compensation as the council may
direct; and such writers shall respectively take an oath, to
be administered by the sergeant or deputy, to record the
votes faithfully and impartially. Ile shall deliver to each
writer a poll book for those ofliccrs as to whom such writer
is to record the votes, and, in such manner as the commis-
sioners tay direct, enter thereon the name of the voter, and
clearly mark on such book for whom each vote is given for
any ot said ftiecrs. The said votes shall be given as pre-
nevibed by the fourth section of the third article of the con-
stitution, but at the time the vote is given the officer shall
receive from each voter a paper or ticket (with his name
written on it), which shall specify the names of the persons
for whom he votes, and for what offices,

13. After the names of all persons qualified, who offered
to vote within the time prescribed by law, have been entered,
the poll shall be concluded; and as soon thereafter as practi-
cable, the commissioners and officers conducting the election
shall examine the polls; strike therefrom the votes, above
ore, of any person who has voted more than onde; attach to
the poll alist of the votes stricken therefrom, with the rea-
son therefor, and certily the correctness of the poll so taken.

14. The certificate of said officer, with the poll hooks of
the elee¢tion of the clerk of the court of hustings, the clerk
of the circuit court, and the attorney for the commonwealth,
shall be delivered by them to the clerk of the hustings court,
to be preserved in his oflice; and their certificate of the poll
books of all other elections shall be delivered to the clerk of
the council, to be laid betore that body, and preserved in his
office.

15. In all elections for clerk of the hustings court, clerk of
the circuit court and attorney for the commonwealth, In case
two or more persons shall have the Inghest and an equal
number of votes, the officer conducting the election shall de-
cide forthwith, hy lot, to whom the certificate shall be given:
and he shall forthwith set up at the door of the courthouse a
notice of the result of such election.

16. The council may decide between two or more persons
having the highest and an equal number of votes for the

same municipal oftice, which of them is elected; prescribe

the manner of deternuning contested elections for such offices
in cases not provided for in this act; and in regard tg any
other question in respect to which it directs a poll to be
taken, it may make such rules and regulations as it may deem
proper.

17. The mayor, aldermen and members of the council, who
may be in office at the time their successors are elected, shall
continue in oflice until such successors, or, a legal quorum
thereof, are qualified; and all other persons holding office
mentioned in the seventh and eighth sections of this act,
shall continue in office until their successors shall quality.

18. All vacancies in any of said offices, occasioned by death,
resignation or otherwise, shall be filled by a new election for
the unexpired term thereof. To fill a vacancy in the office of
the clerk of hustings or circuit courts, and attorney for the
commonwealth, the writ shall be issued by the hustings court,
directed to the sergeant of the corporation, who shall hold
the election under the superintendence of commissioners to
be appointed by the court, any two of whom may act. In
all other cases, the writ for a new election shall be issued by
the council; and the election shall ba held by the sergeant,
under the superintendence of commissioners in like manner
appointed by them. The said elections shall be held ard
conducted, and the returns made and contests conducted and
decided in the same manner as in general elections of said
officers. In case of a vacancy in the office of clerk of either
court, the court in which such vacancy occurs may appoint a
clerk pro tempore.

19. The mayor, aldermen and members of the council,
within one weck after their election, or as soon thereafter as
convenient, shall make oath before the mayor, an alderman
or a notary public, faithfully and impartially to discharge the
duties of their respective offices, and shall take the “other
oaths of office prescribed by the Code of Virginia. If any
person elected to office shall fail to qualify in sixty days there-
atter, his office shall be declared vacant.

20, The council shall, immediately after qualifying, or as
soon thereafter as may be, convene, and elect a president and
clerk. The president shall be one of their own body, and
shall preside at all times when present; and in his absence,
the council may elect a president pro tempore. The clerk
shall keep a faithful record of the proceedings of the council,
and also keep, in a separate book, a fair copy of-every ordi-
nance, by-law and reeulation which may be made and adopted
by the same. All ordinances, by-laws, rules and reculations
of the council shall be signed by the president, and attested
by the clerk.

21. The mayor shall be the chief executive ofticer of the
corporation; preside in the hustings court, when present;
exercise control] and superintendence over the police officers,
and administer the police regulations of the town: and should
avacancy occur in the office of mayor from any cause, its
duties shall devolve on the senior alderman until, by a new
election, such vacancy shall be filled; and to determine who
is the senior alderman, it is hereby declared that he who re-
ceival the highest number of votes at the general election
shall be so regarded; and should two or more have received
the highest and an equal number of votes, then it shall be
decided by lot who is the senior.

22, The council sha'l have power to purchase, receive,
lease and hold lands, tenements, goods and chattels, either in
fve simple, or any less estate therein, either for the use of
said town, or in trust for the benefit of any persons or asso-
ciations therein; and the same to let, sell, or grant, or assign
again; to purchase and hold any quantity of land, outside of
the limits of the corporation, and in the county of Pittsyl-
vania, not exceeding one hundred acres, as may be necessary
for the use, convenience and comtort of the people, and for a
public cemetery, a public park and a poor house. Any land
so acquired and bona fide used for such purposes, shall be
subject to the jurisdiction of said council and the court of
hustings of said town, in like manner as if the same were
within the corporate hmits of the same, and be free from
Rtate tax. The council shall have power also to erect a town
hall and market house, and regulate the same; a work house,
jail and other buildings deemed necessary and convenient for
said town; to establish and organize tire companies, and pur-
chase envines ; to prohibit. the erection of any buildings, or
an addition to any building, more than ten feet square and
ten teet hich, unless the outer wails thereof be made of brick
and mortar, or such material as cannot take fire; and provide
for the removal of any building or addition erected contrary
to such prohibition, within the limits of the said corporation ;
and if at any time it should be deemed advisable, for the
better protection from fire, the council may, in their dis-
cretion, select suitable eitizens to be members of fire com-
panies, who, by certificate of the president, ordered by vote
of council, nay be released trom serving as a juror or jurors
in the hustines and cirewt courts of the town of Danville, so
long as they are bona fide active members of such tire eom-
pany; and also, in their discretion, ay excuse members of
such fire companies from militia duty, except in case of inva-
sion or danger to the state, so that they shall be relieved of
the payment of fines for failure to attend the company and
general musters prescribed by law; to regulate and graduate
the streets and allevs of said town, and pave the same; to
-have the footways or sidewalks of the town paved at the
expense of the owners or occupiers of the lots or parts of
lots; and in case they or any of them shall neglect or refuse to
pave the same when required, it shall be lawtul for the council
to have the same paved, and recover the expense thereof, for
the use of the town, before the mayor or any alderman of
the corporation; and in all cases where a tenant shall be re-
quired to pave in front of the property in his or her oceupa-
tion, the expense of pavement shall be a good offset against so
much of the rent as he shall have paid towards such pavement.
The council shall have power to open and establish new streets
and alleys in the said town, whenever it shall think the pub-
lic convenience requires it; grant or refuse licenses to auc-
tioneers, hawkers and peddlers, keepers of bowling alleys,
billiard or bagatelle tables, or for theatrical performances, or
for any other show or performance to be used or exhibited
in said town, or in one mile thereof; to impose a tax on any
such license in addition to any tax paid to the state, and to
adopt, in all cases of license, such rules and regulations as it
may deem proper; to prevent the practice of running horses
or firing guns or pistols in said town; to levy a fine on those
who create a nuisance, public or private; to lay and collect
taxes on the real estate in said town, in proportion to its
value—such value to be ascertained in such way as the council
may prescribe: provided, that the same does not exceed one
per centum on each hundred dollars value; to lay and collect
taxes on such other property, professions and occupations as
it may deem proper: provided the same does not conflict
with any law of the state or the United States; to tax dogs
in such manner as they may prescribe; to tax the occupiers
of houses, and all male persons in the town above the age of
sixteen years: and in order the better to ascertain and deter-
mine what persons are liable to taxation, it is hereby declared
that all tithable persons resident in said town on the first of
February, shall be subject to taxation the then current year.
The council shall also have power to appoint all officers ne-
cessary for conducting the affairs of the corporation, not
otherwise provided for in this act; to take from the treasurer,
and the sergeant as collector of the corporation taxes, bonds
with security, in such penalties and with such conditions as
to the council may seem fit, payable to the town of Danville;
and to make such by-laws, rules and regulations for the gov-
ernment of said town, as shall not be contrary to the laws of
the United States or of this state, and to enforce all such by-
laws, rules and regulations, by reasonable fines and penalties,
not exceeding, for any one offence, the sum of fifty dollars;
to -be recovered, with costs, before the mayor or any alder-
man of said town—such fines to be paid into the treasury of
the town—and by imprisonment in the corporation jail for a
period not exceeding twelve months: and in ease the person
or persons so fined shall have no visible effcets, it shall be
lawful to require such offenders to work out such tines on the
public streets, or other public work under the direction of
the mayor; and the council is hereby empowered to estab-
lisha chain gang, as a punishment for the incorrivibly vicious;
which shall make a part of the police regulations, and be con-
trolled by the chief of police, under the direction of the
mayor of the town.

“3. The council may, in the name and for the use and ben-
efit of said corporation, subscribe to the stock of any com-
pany incorporated for the purpose of constructing any
improved or artificial read to the said town, and other incor-
porated companies: provided the question of subscription
shall have been first submitted to the qualified voters of said
town, and two-thirds of the persons voting upon the said
question shall have approved the same. It may also contract
loans and issue eertiticates of debt, and previde a sinking
fund tor the payment of the same; but no loan contracted
shall be irredeemable tor a longer period than thirty-four
years, nor shall the outstanding debt of the said corporation
at any time exceed the sum of tive hundred thousand dollars.

24, ‘The council may grant confpensation, out of the funds
_of the town, to the mayor; which shall be fixed by law, and
which shall not be increased or diminished during the term
for which he is elected: to commissioners of the revenue,
treasurer, and to the other officers appointed by their own
body. They shall also make provision tor the payment of
such salary to the attorney tor the commonwealth, and such
compensation for ex-ofticio services to the clerk of the hust-
ings court and the sergeant of the corporation, as the said
hustings court shall deem reasonable. the same having been
certified to them by the direction of the said court.

25. The mayor and aldermen of the said town, when
elected and qualified, shall be conservators of the peace with-
in the jurisdiction prescribed by the fourth section of this
act, and as such, exercise all the powers given to a conservator
of the peace by chapter two hundred and one of the Code of
Virginia.

26. The collector of the taxes of said town may distrain
and sell therefor in like manner as a sheriff may distrain and
sell for state taxes, and shall have in other respects like power
to enforce the collection of the sume; and there shall bea
lien on real estate in said town for the taxes assessed thereon,
from the first day of May tor each year when it was assessed.
The council may require real estate in the said town, delin-
quent for the nonpayment of taxes, to be sold for the same,
with interest thereon, and such per centum as it may pre-
scribe for charges; and it may regulate and prescribe the
terms on which real estate so delinquent may be redeemed.

27. The sergeant of said corporation may appoint as many.
deputies as he may think the business and duties of his office
requires, to be approved by the court of hustings. He shall
execute and return all process lawfully directed to hint, and
shall moreover be the coliector of the state revenue in said
town, and as such. shall have all the powers. and shall be sub-
ject to all the duties and liabilities ofa sheritt, and be entitled
to like compensation for his services therein as are prescribed
in the Code of Virginia: and should the said sergeant, as the
collector of the taxes of the said corporation, fail to collect
and pay over the same at the time prescribed by the council
of said town, he and his securities in the bond which he shall
have given for that purpose, his and their executors an@ ad-
ministrators, shall be subject to such proceedings, by motion
or otherwise, before the court of hustings of said town, for
enforcing the payment over of such taxes, at the suit of said
town, as are prescribed by the Code of Virginia in proceed-
ings against sherils.

28, No person shall be eapable of holding at the same time
more than one of the ofiices emumerated or mentioned in the
seventh section of this act.

29. The corporation of the town of Danville shall have all
the estates, rights, titles and privileges; all the funds, revenues
and: claims; and all the powers, capacities and immunities
which were vested in, or conferred upon, or belonged or ap-
pertained to the corporation of the town of Danville, or to
the mayor and commonalty of the town of Danville, by or
under any acts of the general assembly heretofore passed,
and not in conflict with this act.

O20. sil the estates, rights, titles and privileges, and all the
funds, revenues and claims of the town, shall be under the
care, management, control and disposition of the council ;:
and all the corporate capacities, franchises and immunities of
the town, shall be exercised by the same, or under its autho-
rity, unless when it is otherwise expressly provided.

31. All acts and parts of acts, coming within the purview
of this act, are hereby repealed; but all rights accrued, pro-
ceedings had, and all claims and contracts under existing
laws and ordinances now in force, shall not be attected
thereby, but continue and remain as if this act had not been
passed.

32. This act shall be in torece from its passage.

Chap. 155.—An ACT to amend and re-enact the act entitled an act
amending the Charter of the Town of Danville, passed March 4, 1854,
and incorporating into one all acts amendatory thereof.

Passed December 15, 1865.

1. ‘Be it enacted by the general assembly, That all the ter-
ritory included in the followi ing boundaries, viz: Beginning at
a point on Dan river, directly opposite a spring called “ Lynn's
spring,” on the canal ; thence, by said spring, in a direct line,
to the northwest corner of the old public grave-yard; thence,
along the western line of said burying-ground, to the south-
west corner of the same; thence, in a direct line, to the
southwest corner of William IT. Sutherlin’s lot, including the
same, and following the line of said lot to ‘the southeast
corner thereof; thence, in a direct line, to the junction of
the road leading by the house of N. 'T. Greene, deceased,
with Calhoun street, leading by the house formerly owned by
Rt. L. Downes; and thence, by Thomas Grasty; thence, along
the southwest side of said street, to the southwest corner of
said Grasty lot, in the line of the said N. T. Greene’s estate ;
thence, along the said Grasty’s southern line, to the rear of
his lot; thence, with the back line of said lot, until it reaches
the northeast corner of the same; thence, in 4 direct line, to
the southern bank of Dan river, to a point where once stood
a large poplar tree, which marked the northeast corner of
the town; thence, up the southern bank of the said river, as
it meanders, to the beginning—shall continue to be the town
of Danville: and the inhabitants within said boundaries, and
their successors, shall be a corporation, under the name and
style of The Town of Danville: and the fifty-fourth and
tifty-sixth chapters of the Code of Virginia, so far as they are
consistent with this act, shall be applicable to said corporation,
and to the council of said town.

2. There shall continue to be for the said corporation a
court of record, which shall be called “the court of hustings
for the town of Danville;” and the same shall be held by the
mayor and aldermen of said town, or any three or more of
them, except where it is otherwise provided. The monthly
terms of said court shall be held on the fourth Monday in
each month, and the quarterly terms thereof shall be in the
months of March, June, August and November.

3. There shall continue to be held in the town of Danville,
twice in each year, a circuit court for said town, the jurisdic-
tion whereof shall extend to all cases arising within the cor-
porate limits of said town, and for one mile beyond the limits
of the same, over which the circuit court of the county of
Pittsylvania bas heretofore had jurisdiction; and the said
court shall be held on the twenty-fifth day of March and the
twenty-fifth day of August, by the judge of the fourth judi-
cial district. ,

4, The’ jurisdiction of said court of hustings, except as to
matters of police, which sha]l belong to the council, shall cor-
respond with that of the county courts, as established by
law; and the said court shall continue to have jurisdiction,
and the said mayor and aldermen shall continue to have the
powers of a justice of the peace, not only within the said
corporate limits, but also for the space of one mile without
and around the limits of said town, in all matters arisine
within the said town, or the said space of one mile beyond
and around the same; and shall execute their office in like
manner and under like responsibilities, and receive the like
compensation for services rendered by them in court, as the
justices of the peace of the county courts within this com-
monwealth receive; to be paid by the corporation aforesaid :
provided, however, that not more than three aldermen shall
receive compensation for any one day of such service in court,
unless such court be one in which a greater number than
three aldermen are required by law. The said aldermen shall
classify themselves for service in court, in like manner as
county justices are classified by law; and any presentment
in said court, by a grand jury, for an oifence e against the said
laws, committed within the jurisdiction of said court, may
be presented in said court in like manner, and like proceed-
ings had thereon as in the county court of Pittsylvania; and
the said court of hustines shall bear the same relation to the
circuit court for the town of Danville, as the county court
of said county bears to the circuit court thereof, and appeals
may be taken, and writs of error, supersedeas, certiorari, and
any other judicial writs may be sucd out and prosecuted in
like manner as is done in the county courts of the common-
wealth.

5. The court of hustings shall have the sole power to settle
tavern rates, and to license, in the manner prescribed by law,
tavern keepers and ret tailers of wine, ardent spirits, or a mix-
ture thereof, within the limits of the said town.

6. The corporate powers of the town of Danville shall be
vested in a board, called “the council of the town of Dan-
ville;” which shall be composed of cight members, any five
of whom shall constitute a quorum tor the transaction of
business.

There shall be held biennially an election on the third
Thursday in May, or in case of failure, from any cause, to
hold an election on that day, on such day thereatter as the
council may appoint, to elect a mayor, nine aldermen, eight
councilmen, a sergeant, treasurer, and commissioner of the
revenue for the corporation.

8. A clerk for the court of hustings and a clerk for the
circuit court shall be elected every sixth year, and an attorney
for the commonwealth, who shall act in that capacity both in
the hustings and circuit courts, every fourth year, on the day
on which the election shall be held for the officers provided
for in the sixth section immediately preceding.

9. In all elections for officers of the corporation, every
white male citizen of the commonw ealth, who shall hav e re-
sided in the said town for the space of twelve months imme-
diately preceding the day of election then to be held, and
paid the corporation tax of that preceding year, if he shall
Have been assessed with any, shall have the right to vote, and
he chatble as a member of the ecouneil and of the court of
hustings; and mall other elections, those who are qualitied
to vote for members of the general assembly shall be per-
mitted to vote.

10. The said clections shall be held at the courthouse of
said town, or at such other place in the corporation as the
council may appoint. The council shall in all cases cause to
he pute ied due notice of the time and place for holding
such elections. for at least two weeks in some newspaper pub-
ished in said town. if there be sueh newspaper in course of
pubheation; or for want thereof, notive shall be given by the
council In some manner efficient to make the time and -place
of election publicly known.

Tt. For sunerintending said elections, the couneil shall.
previous thereto, appoint three commissioners, any two of
whom may act, who shall have the same powers and pertorm
such ditics as are prescribed by the sixth section of chapter
seven of the Code of Virginia. and shall take the oath re-
quired in the seventh section of said chapter, a certificate of
which shall be returned to the clerk of the council, to he
preserved in his office. The second section of the said chap-
ter in the Code shall apply to the poll at such election.

12. Jt shall be the duty of the sergeant, either by himself
or deputy, under the superintendence and control of said
commissioners (after having taken the oath prescribed by the
tenth section of the said chapter, a certificate of which shall
be returned to the clerk of the council), to conduct the said
election. Ife shall cause the polls to be publicly opened;
proclaim and see recorded the votes admitted by the com-
missioners; preserve order and remove toree. He shall em-
ploy writers, at such rate of compensation as the council may
direct; and such writers shall respectively take an oath, to
be administered by the sergeant or deputy, to record the
votes faithfully and impartially. Ile shall deliver to each
writer a poll book for those ofliccrs as to whom such writer
is to record the votes, and, in such manner as the commis-
sioners tay direct, enter thereon the name of the voter, and
clearly mark on such book for whom each vote is given for
any ot said ftiecrs. The said votes shall be given as pre-
nevibed by the fourth section of the third article of the con-
stitution, but at the time the vote is given the officer shall
receive from each voter a paper or ticket (with his name
written on it), which shall specify the names of the persons
for whom he votes, and for what offices,

13. After the names of all persons qualified, who offered
to vote within the time prescribed by law, have been entered,
the poll shall be concluded; and as soon thereafter as practi-
cable, the commissioners and officers conducting the election
shall examine the polls; strike therefrom the votes, above
ore, of any person who has voted more than onde; attach to
the poll alist of the votes stricken therefrom, with the rea-
son therefor, and certily the correctness of the poll so taken.

14. The certificate of said officer, with the poll hooks of
the elee¢tion of the clerk of the court of hustings, the clerk
of the circuit court, and the attorney for the commonwealth,
shall be delivered by them to the clerk of the hustings court,
to be preserved in his oflice; and their certificate of the poll
books of all other elections shall be delivered to the clerk of
the council, to be laid betore that body, and preserved in his
office.

15. In all elections for clerk of the hustings court, clerk of
the circuit court and attorney for the commonwealth, In case
two or more persons shall have the Inghest and an equal
number of votes, the officer conducting the election shall de-
cide forthwith, hy lot, to whom the certificate shall be given:
and he shall forthwith set up at the door of the courthouse a
notice of the result of such election.

16. The council may decide between two or more persons
having the highest and an equal number of votes for the

same municipal oftice, which of them is elected; prescribe

the manner of deternuning contested elections for such offices
in cases not provided for in this act; and in regard tg any
other question in respect to which it directs a poll to be
taken, it may make such rules and regulations as it may deem
proper.

17. The mayor, aldermen and members of the council, who
may be in office at the time their successors are elected, shall
continue in oflice until such successors, or, a legal quorum
thereof, are qualified; and all other persons holding office
mentioned in the seventh and eighth sections of this act,
shall continue in office until their successors shall quality.

18. All vacancies in any of said offices, occasioned by death,
resignation or otherwise, shall be filled by a new election for
the unexpired term thereof. To fill a vacancy in the office of
the clerk of hustings or circuit courts, and attorney for the
commonwealth, the writ shall be issued by the hustings court,
directed to the sergeant of the corporation, who shall hold
the election under the superintendence of commissioners to
be appointed by the court, any two of whom may act. In
all other cases, the writ for a new election shall be issued by
the council; and the election shall ba held by the sergeant,
under the superintendence of commissioners in like manner
appointed by them. The said elections shall be held ard
conducted, and the returns made and contests conducted and
decided in the same manner as in general elections of said
officers. In case of a vacancy in the office of clerk of either
court, the court in which such vacancy occurs may appoint a
clerk pro tempore.

19. The mayor, aldermen and members of the council,
within one weck after their election, or as soon thereafter as
convenient, shall make oath before the mayor, an alderman
or a notary public, faithfully and impartially to discharge the
duties of their respective offices, and shall take the “other
oaths of office prescribed by the Code of Virginia. If any
person elected to office shall fail to qualify in sixty days there-
atter, his office shall be declared vacant.

20, The council shall, immediately after qualifying, or as
soon thereafter as may be, convene, and elect a president and
clerk. The president shall be one of their own body, and
shall preside at all times when present; and in his absence,
the council may elect a president pro tempore. The clerk
shall keep a faithful record of the proceedings of the council,
and also keep, in a separate book, a fair copy of-every ordi-
nance, by-law and reeulation which may be made and adopted
by the same. All ordinances, by-laws, rules and reculations
of the council shall be signed by the president, and attested
by the clerk.

21. The mayor shall be the chief executive ofticer of the
corporation; preside in the hustings court, when present;
exercise control] and superintendence over the police officers,
and administer the police regulations of the town: and should
avacancy occur in the office of mayor from any cause, its
duties shall devolve on the senior alderman until, by a new
election, such vacancy shall be filled; and to determine who
is the senior alderman, it is hereby declared that he who re-
ceival the highest number of votes at the general election
shall be so regarded; and should two or more have received
the highest and an equal number of votes, then it shall be
decided by lot who is the senior.

22, The council sha'l have power to purchase, receive,
lease and hold lands, tenements, goods and chattels, either in
fve simple, or any less estate therein, either for the use of
said town, or in trust for the benefit of any persons or asso-
ciations therein; and the same to let, sell, or grant, or assign
again; to purchase and hold any quantity of land, outside of
the limits of the corporation, and in the county of Pittsyl-
vania, not exceeding one hundred acres, as may be necessary
for the use, convenience and comtort of the people, and for a
public cemetery, a public park and a poor house. Any land
so acquired and bona fide used for such purposes, shall be
subject to the jurisdiction of said council and the court of
hustings of said town, in like manner as if the same were
within the corporate hmits of the same, and be free from
Rtate tax. The council shall have power also to erect a town
hall and market house, and regulate the same; a work house,
jail and other buildings deemed necessary and convenient for
said town; to establish and organize tire companies, and pur-
chase envines ; to prohibit. the erection of any buildings, or
an addition to any building, more than ten feet square and
ten teet hich, unless the outer wails thereof be made of brick
and mortar, or such material as cannot take fire; and provide
for the removal of any building or addition erected contrary
to such prohibition, within the limits of the said corporation ;
and if at any time it should be deemed advisable, for the
better protection from fire, the council may, in their dis-
cretion, select suitable eitizens to be members of fire com-
panies, who, by certificate of the president, ordered by vote
of council, nay be released trom serving as a juror or jurors
in the hustines and cirewt courts of the town of Danville, so
long as they are bona fide active members of such tire eom-
pany; and also, in their discretion, ay excuse members of
such fire companies from militia duty, except in case of inva-
sion or danger to the state, so that they shall be relieved of
the payment of fines for failure to attend the company and
general musters prescribed by law; to regulate and graduate
the streets and allevs of said town, and pave the same; to
-have the footways or sidewalks of the town paved at the
expense of the owners or occupiers of the lots or parts of
lots; and in case they or any of them shall neglect or refuse to
pave the same when required, it shall be lawtul for the council
to have the same paved, and recover the expense thereof, for
the use of the town, before the mayor or any alderman of
the corporation; and in all cases where a tenant shall be re-
quired to pave in front of the property in his or her oceupa-
tion, the expense of pavement shall be a good offset against so
much of the rent as he shall have paid towards such pavement.
The council shall have power to open and establish new streets
and alleys in the said town, whenever it shall think the pub-
lic convenience requires it; grant or refuse licenses to auc-
tioneers, hawkers and peddlers, keepers of bowling alleys,
billiard or bagatelle tables, or for theatrical performances, or
for any other show or performance to be used or exhibited
in said town, or in one mile thereof; to impose a tax on any
such license in addition to any tax paid to the state, and to
adopt, in all cases of license, such rules and regulations as it
may deem proper; to prevent the practice of running horses
or firing guns or pistols in said town; to levy a fine on those
who create a nuisance, public or private; to lay and collect
taxes on the real estate in said town, in proportion to its
value—such value to be ascertained in such way as the council
may prescribe: provided, that the same does not exceed one
per centum on each hundred dollars value; to lay and collect
taxes on such other property, professions and occupations as
it may deem proper: provided the same does not conflict
with any law of the state or the United States; to tax dogs
in such manner as they may prescribe; to tax the occupiers
of houses, and all male persons in the town above the age of
sixteen years: and in order the better to ascertain and deter-
mine what persons are liable to taxation, it is hereby declared
that all tithable persons resident in said town on the first of
February, shall be subject to taxation the then current year.
The council shall also have power to appoint all officers ne-
cessary for conducting the affairs of the corporation, not
otherwise provided for in this act; to take from the treasurer,
and the sergeant as collector of the corporation taxes, bonds
with security, in such penalties and with such conditions as
to the council may seem fit, payable to the town of Danville;
and to make such by-laws, rules and regulations for the gov-
ernment of said town, as shall not be contrary to the laws of
the United States or of this state, and to enforce all such by-
laws, rules and regulations, by reasonable fines and penalties,
not exceeding, for any one offence, the sum of fifty dollars;
to -be recovered, with costs, before the mayor or any alder-
man of said town—such fines to be paid into the treasury of
the town—and by imprisonment in the corporation jail for a
period not exceeding twelve months: and in ease the person
or persons so fined shall have no visible effcets, it shall be
lawful to require such offenders to work out such tines on the
public streets, or other public work under the direction of
the mayor; and the council is hereby empowered to estab-
lisha chain gang, as a punishment for the incorrivibly vicious;
which shall make a part of the police regulations, and be con-
trolled by the chief of police, under the direction of the
mayor of the town.

“3. The council may, in the name and for the use and ben-
efit of said corporation, subscribe to the stock of any com-
pany incorporated for the purpose of constructing any
improved or artificial read to the said town, and other incor-
porated companies: provided the question of subscription
shall have been first submitted to the qualified voters of said
town, and two-thirds of the persons voting upon the said
question shall have approved the same. It may also contract
loans and issue eertiticates of debt, and previde a sinking
fund tor the payment of the same; but no loan contracted
shall be irredeemable tor a longer period than thirty-four
years, nor shall the outstanding debt of the said corporation
at any time exceed the sum of tive hundred thousand dollars.

24, ‘The council may grant confpensation, out of the funds
_of the town, to the mayor; which shall be fixed by law, and
which shall not be increased or diminished during the term
for which he is elected: to commissioners of the revenue,
treasurer, and to the other officers appointed by their own
body. They shall also make provision tor the payment of
such salary to the attorney tor the commonwealth, and such
compensation for ex-ofticio services to the clerk of the hust-
ings court and the sergeant of the corporation, as the said
hustings court shall deem reasonable. the same having been
certified to them by the direction of the said court.

25. The mayor and aldermen of the said town, when
elected and qualified, shall be conservators of the peace with-
in the jurisdiction prescribed by the fourth section of this
act, and as such, exercise all the powers given to a conservator
of the peace by chapter two hundred and one of the Code of
Virginia.

26. The collector of the taxes of said town may distrain
and sell therefor in like manner as a sheriff may distrain and
sell for state taxes, and shall have in other respects like power
to enforce the collection of the sume; and there shall bea
lien on real estate in said town for the taxes assessed thereon,
from the first day of May tor each year when it was assessed.
The council may require real estate in the said town, delin-
quent for the nonpayment of taxes, to be sold for the same,
with interest thereon, and such per centum as it may pre-
scribe for charges; and it may regulate and prescribe the
terms on which real estate so delinquent may be redeemed.

27. The sergeant of said corporation may appoint as many.
deputies as he may think the business and duties of his office
requires, to be approved by the court of hustings. He shall
execute and return all process lawfully directed to hint, and
shall moreover be the coliector of the state revenue in said
town, and as such. shall have all the powers. and shall be sub-
ject to all the duties and liabilities ofa sheritt, and be entitled
to like compensation for his services therein as are prescribed
in the Code of Virginia: and should the said sergeant, as the
collector of the taxes of the said corporation, fail to collect
and pay over the same at the time prescribed by the council
of said town, he and his securities in the bond which he shall
have given for that purpose, his and their executors an@ ad-
ministrators, shall be subject to such proceedings, by motion
or otherwise, before the court of hustings of said town, for
enforcing the payment over of such taxes, at the suit of said
town, as are prescribed by the Code of Virginia in proceed-
ings against sherils.

28, No person shall be eapable of holding at the same time
more than one of the ofiices emumerated or mentioned in the
seventh section of this act.

29. The corporation of the town of Danville shall have all
the estates, rights, titles and privileges; all the funds, revenues
and: claims; and all the powers, capacities and immunities
which were vested in, or conferred upon, or belonged or ap-
pertained to the corporation of the town of Danville, or to
the mayor and commonalty of the town of Danville, by or
under any acts of the general assembly heretofore passed,
and not in conflict with this act.

O20. sil the estates, rights, titles and privileges, and all the
funds, revenues and claims of the town, shall be under the
care, management, control and disposition of the council ;:
and all the corporate capacities, franchises and immunities of
the town, shall be exercised by the same, or under its autho-
rity, unless when it is otherwise expressly provided.

31. All acts and parts of acts, coming within the purview
of this act, are hereby repealed; but all rights accrued, pro-
ceedings had, and all claims and contracts under existing
laws and ordinances now in force, shall not be attected
thereby, but continue and remain as if this act had not been
passed.

32. This act shall be in torece from its passage.