Chap. 533.—An ACT to provide a new charter for the city of Roanoke.

' Approved February 28, 1896.

1. Be it enacted by the general assembly of Virginia, That the terri-
tory contained within the limits prescribed by an act approved Feb-
ruary twelfth, eighteen hundred and ninety-two, entitled an act to
provide a new charter for the city of Roanoke, as follows, to-wit:
Beginning at the intersection of the present corporation limits with
the road leading to Colonel Tayloe’s residence; thence along said
road to the eastern corner of the land of the Belmont land company;
thence with the southeastern boundary line of the same and con-
tinuing same course through the land of the Roanoke land and
improvement company to the south bank of the Roanoke river;
thence up the river with the south bank thereof to the western
boundary line of the Roanoke iron company’s land; thence along
the same and across the Norfolk and Western railroad to the north-
ern boundary line of said road; thence along the northern side of
said railroad land to the Sexton farm; thence with the western
boundary line of said farm to the Salem turnpike at the southwest
corner of the land of the Melrose land company; thence with the
northern and western boundary lines of said company’s lands to the
Salem turnpike and present corporation line; thence with the pres-
ent corporation line to the Linwood tract; thence with the western
and northern boundary lines of same and crossing the Shenandoah
Valley railroad to Tinker creek; thence down said creek to the
present corporation line; thence with same to the beginning, shall be
deemed and taken as the city of Roanoke; and the inhabitants of
the city of Roanoke, forall purposes for which towns and cities are
incorporated in this commonwealth, shall continue to be one body
politic in fact and in name under the style and denomination of the
city of Roanoke, and as such shall have, exercise, and enjoy all
rights and immunities, powers and privileges, and be subject to all
the duties and obligations now incumbent on and pertaining to said
city 28 @ municipal corporation.

2. The said city of Roanoke shall be divided into five wards, as
follows:

The first ward shall consist of all that portion of the city em-
braced within the following boundary: Beginning at a point on the
Norfolk and Western railroad north of J. M. Gambill’s mill; thence
with the eastern side of said mill to Third street; thence with Third
street southwest to Franklin road; thence with Franklin road to the
south bank of Roanoke river at the iron bridge; thence with the
south bank of said river westwardly to the Norfolk and Western
railroad at the corner of the Roanoke iron company’s property ;
thence with the Norfolk and Western railroad to the place of be-
ginning.

The second ward shall consist of all that portion of the city em-
braced within the following boundary: Beginning at the intersection
of Jefferson street and the Norfolk and Western railroad; thence
with said street southward to the south bank of Roanoke river ;
thence with the south bank of Roanoke river westward to Franklin
road; thence with the western line of the first ward to the Norfolk
and Western railroad; thence with said railroad to the place of be-
ginning.

The third ward shall consist of all that portion of the city em-
braced within the following boundary: Beginning at the intersec-
tion of the Norfolk and Western railroad and First street north-
west; thence with said street northward to Gilmer avenue; thence
with said avenue eastward to First street northwest; thence with
said street northward to Gainsboro road; thence with Gainsboro
road to Peach road; thence with same to Lynchburgavenue; thence
northward to the boundary line of the city; thence eastward with
said boundary line to Tinker creek; thence with said creek south-
ward to the Norfolk and Western railroad; thence with the south
track of said road to the place of beginning.

The fourth ward shall consist of all that portion of the city em-
braced within the following boundary: Beginning at the intersec-
tion of Jefferson street and the Norfolk and Western railroad;
thence with the south track of said road to Tinker creek; thence
with the boundary line of the corporation southward to the south
bank of Roanoke river; thence with the south bank of said river to
Jefferson street; thence with the eastern boundary line of the
second ward to the place of beginning.

The fifth ward shall consist of all that portion of the city em-
braced within the following boundary: Beginning at the intersec-
tion of the Norfolk and Western railroad and First street north-
west; thence northward with the western boundary line of the third
ward to the northern boundary line of the city; thence with said
boundary line of the city westward and southward to the Norfolk
and Western railroad; thence with said railroad to the place of be-
ginning.

CuHaptTerR II.

3. The administration and government of said city shall be vested
in one principal officer, to be styled mayor, and in one body, to be
called the common council for the city of Roanoke, and in such other
bodies and officers as are hereinafter mentioned or which may be
provided for by the common council.

4. The municipal officers of said city shall consist of a mayor,
twenty common councilmen, a city clerk, a police justice, a treasurer,
an auditor, a clerk of the hustings court, a sergeant, a commissioner
of revenue, one justice of the peace for each ward, one constable, a
commonwealth’s attorney, a clerk of the markets, a city solicitor, a
city engineer, and a collector of city taxes, and so forth.

5. The mayor, sergeant, commonwealth’s attorney, justices of the

peace, and constables shall be elected by the qualified voters of the
city on the fourth Thursday in May, eighteen hundred and ninety-
s1x, and every two years thereafter; the treasurer shall be elected
by the qualified voters of the city on the fourth Thursday in May,
eighteen hundred and ninety-six, and every three years thereafter ;
the clerk of the hustings court shall be elected by the qualified
voters of the city on the fourth Thursday in May, eighteen hundred
and ninety-six, and every six years thereafter; the commissioner of
the revenue shall be elected by the qualified voters of the city on
the fourth Thursday in May, eighteen hundred and ninety-eight,
and every four years thereafter.
_ 6. At the general election to be held on the fourth Thursday in
May, eighteen hundred and ninety-six, there shall be elected two
councilmen from each ward in said city, who shall fill the offices of
those councilmen whose term expires in eighteen hundred and
ninety-six, and shall hold office for two years, and each year there-
after two councilmen from each ward shall be elected at the general
election, who shall fill the offices of those councilmen whose term
expires in that year, and their term office shall be two years; the
councilmen so elected under this act shall be elected by the quali-
fied voters of the city of Roanoke, each ward to elect its own two
councilmen and to be represented in council by an equal number;
in case any vacancy shall occur in the council by resignation or
otherwise the council shall elect a qualified person to fill the
same until the next general election thereafter; at the next general
election thereafter the qualified voters of the ward in which the
said vacancy exists shall elect a councilman to fill the vacancy; no
person shall be eligible to the office of councilman unless he is a
resident of the ward from which he is elected, and removal from the
ward after being elected to the council shall vacate the office.

7. The election of all the foregoing officers shall be held under
and pursuant to the general laws of the state.

8. The term of office of said officers shall begin on the first day of
July succeding their election.

9. The common council shall elect a city engineer, a city auditor,
a city clerk, a police justice, a city solicitor, a collector of city taxes,
and so forth, and aclerk of the markets, all of whom shall hold office
for two years, and the common council shall elect such other officers
as it may deem expedient for the proper conduct of the affairs of
the city, and in the execution of the powers hereinafter confer-
red upon it, and prescribe their duties and term of office; any
office which the council has the power to create it may at any time
for good cause abolish, whether the term of office of the incumbent
has expired or not.

10. The term of office of those officers mentioned in the preceding
section, and of all other officers elected by the council, shall begin
on the first day of August succeeding their election.

11. No person shall be eligible to any municipal office in said city
unless he is a qualified voter thereof, nor shall any person be capa-
ble of holding at the same time more than one of the offices men-
tioned in this act, and removal from the city of any one holding a
municipal office shall vacate said office; no member of the common
council shal! hereafter be elected to any office or employment in the
choice of said council so long as he is a member of said council.

12. The officers elected by the council may be removed from office
for cause after a proper investigation and hearing; in case of any
vacancy occurring in any municipal office where it is not herein
otherwise provided, the said council shall elect a qualified person to
fill said office during the unexpired term.

13. The council shall grant to all city officers, clerks and assist-
ants elected or appointed in pursuance of this act such salaries or
compensation as shall be fixed by this act, or such as the said coun-
cil may from time to time deem just and proper, but no officers
shall be appointed and no salaries paid unless approved by the
council.

14. Any person holding a municipal office and vacating the same
on account of removal or otherwise shall deliver over to his suc-
cessor in office, or to the city clerk, all property, books and papers
belonging to the city or appertaining to euch office which may be in
his possession or under his control, and in case of his failure to do
so within ten days after he shall have vacated the office, or within
such time thereafter as the council shall elect, and upon notificatioa
or request of the city clerk, he shall forfeit and pay to said city the
sum of five hundred dollars, to be sued for and recovered, with costs;
and all books, records and documents used in such office by virtue
of any provision of this act, or of any ordinance or resolution of
the council, or by order of any superior officer of said city, shall be
deemed the property of said city, and as appertaining to said office,
and the incumbent of such office and his sureties shall be responsi-
ble therefor.

15. All officers provided for in this act and all officers elected by
the council shall, before entering upon the discharge of their duties,
execute bond, payable to the city of Roanoke, in such penalty as
said council may prescribe, conditioned for the faithful discharge of
their respective duties; all sureties to be residents of the state of
Virginia except well-known and responsible surety companies: pro-
vided that the provisions of this section shall not apply to council-
men, the mayor, justices of the peace, overseers of the poor, and the
city physician and board of health.

CHaPpTeErR III.

16. The council shall elect annually one of its members as presi-
dent, and shall also at the same time elect one of its members as
president pro tempore, who shall, in the absence of the president of
the council, perform all the duties devolving upon the office of presi-

ent.
17. The president shall have power to call special meetings of the
council, and in case of his absence or refusal the council may be
convened by order of the clerk upon-the request of any five mem-
bers in writing, but no special meeting shall be convened until no-
tice has been served upon each member of the council in person or
by leaving a copy of the same at his place of abode.

18. The council shall fix, by ordinance, the time for holding its
stated meetings, and no business shall be transacted at a special
meeting except that for which it shall have been called.

19. The council shall have authority to adopt such rules and to
appoint such officers, committees, and clerks as it may deem proper
for the regulation of its proceedings and the convenient transaction
of its business; to compel the attendance of absent members; to
punish its members for disorderly behavior, and, by a vote of three-
fourths of its members, to expel a member for malfeasance or mis-
feasance in office. It shall keep a journal, in which the clerk shall
record the proceedings of each session, and the same shall be pro-
perly indexed. All resolutions and ordinances shall be recorded in
a book to be called the ordinance book, which shall be properly in-

exed.

20. The meetings of the council shall be open to the public, except
when the public welfare shall require secrecy. A majority of the
members shall constitute a quorum for the transaction of business,
but no ordinance shall be passed or no resolution adopted having for
its object the appropriation of money except by a concurrence of a
majority of the council. No vote taken at a stated meeting shall be
reconsidered at a special meeting unless there be at least fifteen mem-
bers present and twelve concur therein.

21. If any member of said council shall be absent from its meet-
ings voluntarily for three consecutive months his seat shall be
deemed vacant, and the unexpired term of his office shall be filled
according.to law; but no member of the council shall be removed
without firat having received reasonable notice of the action about to
be taken. |

22. The council shall have, subject to the provisions given in thie
act, the control of the fiscal and municipal affairs of said city, and
all property, real and personal, belonging to said city, and may make
such ordinances and by-laws relative to the same as it may deem
proper, and it shall likewise have power to make such ordinances
orders, by-laws and regulations as it may deem necessary to carry
out the following powers, which are hereby vested in it:

23. To establish a market or markets in and for said city, and tc
appoint proper officers therefor; to prescribe the time and place fo:
holding the same; to provide suitable buildings and grounds there
for, and to enforce such regulations as shall be necessary and prope!
to prevent huckstering, forestalling and regrating.

24. To erect or provide in or near said city suitable work-houses
houses of correction and reformation, and houses for the receptio.
and maintenance of the poor and destitute; and it shall possess an:
exercise authority over all beneficiaries of the poor law, or over thos
who may be entitled to benefits thereunder; to appoint necessar
officers or other persons proper to be connected with the aforesaid
institutions, and to regulate pauperism within the limits of said city ;
and the council, through the agency it shall appoint for the direc-
tion and management of the poor of the city, shall exercise the pow-
ers and perform the duties vested by law in overseers of the poor.

25. To erect and keep in order all public buildings necessary or
proper for said city; to erect within the city a city prison, and said
prison shall contain such apartments as shall be necessary for the
safe-keeping of all persons confined therein.

26. To establish or enlarge water works, electric light, or gas works
within or without the limits of said city; to contract and to agree
with the owners of any land for the use and purchase thereof,
or to have the same condemned according to law for the location,
extension, enlargement, or improvement of said works, the pipes
connected therewith, or any fixtures or appurtenances thereof, and
shall have jurisdiction over and the power to protect from injury,
by ordinance prescribing adequate penalties, the said works, pipes,
fixtures, and lands, or anything connected therewith, or works, fix-
tures, and other appurtenances of water and gas companies and
electric light plants established under its authority, whether within
or without the limits of said city.

27. To open, to close, to improve, to widen or to narrow streets,
avenues, and alleys, and to have them kept in good order and prop-
erly lighted; to make sidewalks, to build bridges, culverts, and
sewers within the said city, or to cause to be graded, paved, or macada-
mized any public street, avenue, or alley, or any part thereof, which
is now or may be hereafter laid out or opened in said city, and to
have the same set with curbstone, and shall have power to provide
for the payment of such improvements out of the general revenue,
or by assessment on the real estate benefited thereby, as in the
judgment of the council shall seem expedient; and over any street
or alley in the city which has been or may be ceded or conveyed to
the city by proper deed it shall have like power and authority as
over other streets and alleys. It may prevent the building of, or may
remove any structure, obstruction, or encroachment upon, over, or
under any street, sidewalk, or alley in said city, and may permit
shade trees to be planted along said streets, but no company or indi-
vidual shall occupy with it or his works, or with any appurtenances
thereof, the streets, sidewalks, or alleys in the city without the con-
sent of the council regularly granted by resolution or ordinance.

23. To prevent the cumbering of streets, sidewalks, alleys, lanes,
or bridges in the city in any manner whatever.

29. To determine and to designate the route and grade of any rail-
road to be laid in said city, and to restrain and to regulate the rate
of speed of locomotive engines and cars upon the railroads within
the said city.

30. To make provision for and to regulate the weighing of hay,
fodder, oats, shucks, or other lung forage. It may also provide for
the measuring of oats, corn, grain, coal, stone, wood, lumber, boards,
potatoes, and other articles for sale or barter.

31. To require every merchant, retailer, trader and dealer of mer-
chandise or property of any description which is sold by weight or
measure to cause his weights and measures to be sealed by the city
sealer and be subject to his inspection, and it may impose penalties
for any violation of such ordinance.

32. To secure the inhabitants from contagious, infectious, or other
dangerous diseases; to establish, to erect and to regulate hospitals,
and to subscribe funds for the maintenance of private hospitals; to
provide for and enforce the removal of patients to the hospital or
hospitals established by the city or to which the city shall have sub-
scribed; to appoint and to organize a board of haalth for said city,
and to clothe it with authority necessary for the prompt and efficient
performance of its duties.

33. To require and to compel the abatement and removal of nui-
Sances Within said city at the expense of the person or persons
causing the same, or of the owner or owners of the ground whereon
the same may be, and to collect said expense by a.suit or motion; to
prevent and to regulate slaughter-houses, soap and candle factories
within said city, or to restrain the exercise of any dangerous, offen-
sive, or unwholesome business, trade, or employment therein, and to
regulate the transportation of coal and other articles through the
streets of said city.

34. If any ground in said city be subject to be covered with stag-
nant water, or if the owner or owners, occupier or occupiers thereof
shall permit any offensive or unwholesome substance to remain or
accumulate therein, the council may cause such grounds to be filled,
raised or drained, or may cause such substance to be covered or to
be removed therefrom, and may collect the expense for so doing from
the owner or owners, occupier or occupiers, or any of them (except
in cases where such nuisance is caused by the action of the city
authorities or their agents, in which case the city shall pay the ex-
pense of abating the same), by distress and sale in the same man-
ner in which taxes levied upon the real estate for the benefit of the
city are authorized to be collected, or by suit or motion: provided
that reasonable notice shall first be given to said owner or owners,
or his or her or their agent or agents. In case of non-resident owners
who have no agent in said city such notice may be given by publi-
cation for not less than ten days in any newspaper published in
said city, all expenses of said publication to be paid for by the
owner or occupier as above. The occupier of such premises shall
only be compelled to pay for the same an amount not exceeding the
amount due by him for rent, and he shall have the right to offset
any amount he may have so paid against the rent due the owner of
the premises.

35. To direct the location of all buildings for storing gunpowder
and other combustibles and explosive substances, and to regulate the
sale and use of gunpowder, fire-crackers, or fire-works manufactured
or prepared therefrom, kerosene oil, nitro-glycerine, camphene, burn-
ing fluid, or any other combustible material; to regulate the exhibi-
tion of fire-works, the discharge of fire-arms, the use of light and
candles in barns, stables, and other outbuildings, and to restrain the
making of bonfires in streets and yards.
36. To prevent hogs, dogs, and other animals from running at
large within said city, and to subject the same to confiscation, regu-
lations, and taxes as it may deem proper.

37. To prevent the riding and driving of horses and any other
animals at an improper speed; throwing stones or engaging in any
employment or sport on the streets, sidewalks, or public alleys dan-
gerous or annoying to passengers, and to prohibit and punish the
abuse or cruel treatment of horses and other animals in said city.

38. Torestrain and punish drunkards, vagrants, and street beggars ;
to prevent vice and immorality; to preserve the peace and good order ;
to prevent and quel] riots, disturbances, and disorderly assemblages ;
to suppress houses of ill-fame and gambling-houses; to prevent and
punish lewd, indecent and disorderly exhibitions in said city, and
to expel therefrom persons guilty of such conduct who have not
resided therein as much as one year.

39. To forbid, prevent and to punish the selling or giving away of
liquors and intoxicating drinks to be drunk in any public place not
duly licensed, and the selling or giving to be drunk any intoxicating
drinks or liquors to any child, or minor, and the selling or giving
away of cigarettes to any minor under fifteen years of age, and for
any violation of any such ordinance it may impose fines in addition
to those prescribed by the laws of the state.

40. To prevent the coming into the city of persons having no
ostensible means of support, and of persons who may be dangerous to
the peace and safety of the city.

41. To prescribe the limits within which no building shall be von-
structed, except of brick, stone or other incombustible material with
fire-proof roof, and to impose a penalty for a violation of any such
ordinance, and to appoint one or more persons to inspect buildings
and condemn such as are unsound or unsafe.

42. The common council is empowered to hold such lands as may
have already been acquired by the city of Roanoke, to be used as a
place for the burial of the dead, and to acquire by purchase or other-
wise such additional lands as may be necessary for that purpose.
The said council shall also have power to prescribe and enforce all
needful rules and regulations not inconsistent with the laws of the
state for the use, protection, and preservation of the cemetery or
cemeteries; to set aside, in its discretion, by metes and bounds a
portion thereof for the interment of strangers and the indigent poor;
to divide the remainder into burial lots, and to sell or to lease the
same, and to execute all proper deeds and other writings in evidence
of such sale or lease, and to prescribe what class or condition of per-
sons shall be admitted to interment in the cemetéry or cemeteries;
and when established or enclosed with the property included in it or
them shall be exempt from all state, county, and municipal taxation.

43. Where, by the provisions of this act, the council has the au-
thority to pass ordinances on any subject, it may prescribe any pen-
alty not exceeding five hundred dollars for a violation thereof, and
may provide that the offender, on failing to pay the penalty imposed,
shall be imprisoned in the jail of the city for a term not exceeding
ninety days, which penalties may be prosecuted and recovered, with
costs, in the name of the city of Roanoke, or may compel them to
work on the streets or other public improvements of said city. The
accused, if convicted, shall have the right of appeal to the hustings
court of said city.

44, The council shall not take any private property for public pur-
poses without making the owner thereof just compensation for the
same; and when the council cannot, by agreement with the owner,
obtain the title to or the use of such property for such purposes, it
shall be lawful for the said council to institute and prosecute pro-
ceedings for the condemnation thereof according to law.

45. In every case where a street in said city has been or may be
encroached upon by any fence, building, or otherwise, the council
may require the owner (if known, or if unknown, the occupant of
the premises encroaching) to remove the same, and if such removal
be not made within the time prescribed by the council, it may im-
pose a penalty of five dollars a day for each and every day it is al-
lowed to continue thereafter, and may cause the encroachment to be
removed, and may collect from the owner all reasonable charges
therefor, with costs, by the same process it is hereinafter empowered
to collect taxes, or by suit or motion, and whatever amount the occu-
pant or tenant may have to pay therefor, for the said amount he
shal] have a valid and lawful offset against the rent due or to become
due to bis landlord.

46. Whenever any street or lane in said city shall have been opened
to and used by the public for a period of five years the same shall
thereby become a street, lane, or alley for public purposes, and the
council shall have the same jurisdiction over and right and interest
therein as it has by law over the streets, alleys, and lanes laid out
by it; and any street or alley reserved in the division or subdivision
into lots of any portion of the territory within the corporate limits
of said city by a plan or plat of record which has been or may be
filed in the clerk’s office of the corporation court of the city of Roa-
noke, shal] be deemed and held to be dedicated to the public use,
unless it appears by said record that the said street or alley so re-
served is designated for private use. But upon petition of a ma-
jority of the persons interested therein, the council shall have power
to open the same for the use of the public, and a map thereof shall
be filed with the city engineer in case the same is opened for the

ublic.
P 47. Whenever any new street may be laid out, or when any street
may be paved or graded, culverts or sewers built, or any public im-
provement whatsoever made, the council shall determine what por-
tion, if any, of the expenses thereof shall be paid out of the city
treasury and what portion, if any, shall be paid by the owners of the
real estate benefited thereby; and for whatever amount the council
shall decide shall be paid by the owners of the real estate bounding
and abutting on said streets, or benefited by any such improvement
an assessment shall be levied by the council by the front footing
bounding or abutting or benefited aforesaid, and the council shall
prescribe the time and manner in which the said assessment shall
be payable; and when levied it shall bea lien on the property
against which it is assessed from the date of such assessment, which
lien may be enforced by a bill in chancery; but no such assessment
on abutting property shall be made until a plan of such improve-
ment shall have been made by the city engineer, with an estimate of
the cost and the amount to be paid by each abutting owner, such
plan and estimate to be filed in the clerk’s office of the common
council, and a hearing given to said abutting owners before said
council or committee thereof, after notice; provided that in the con-
struction of proposed sidewalks, or repairs to the same, the coun-
cil may require the abutting owners to construct said improve-
ments according to plans and specifications adopted by the coun-
cil, in which case notice shall be served upon the abutting owners
to make said improvements or repairs as aforesaid within a rea-
sonable time, and in case any of them fail to comply with the
terms of said notice, then the council shall proceed to construct
said sidewalks or make said repairs, and levy an assessment
against the abutting property for the actual cost thereof, and
said assessment shall be a lien upon the abutting property as
other assessments levied under the provisions of this section: pro-
vided, further, the council may, by a majority vote, instead of the
above provide for said street improvements and construction of
sidewalks as follows—that is to say, that in order to provide for the
payment of the cost and expenses of said improvements to be
assessed on the abutting property, the council may from time to
time (as such improvements progress) issue the bonds of said city
in such sums as may be required, in all to an amount not exceeding
the contract price of the work and other expenses attending the
same, and interest as hereinafter provided for. Said bonds shall
be issued as other bonds of cities are issued, but they shall bear the
name of the street or avenue or alley to whose improvement they
are issued, and shall state therein that they are to be paid by an
assessment upon the property abutting on the said improvement.
Said bonds shall extend over a period of at least eight years, to be
provided in the ordinance directing the improvement; they shall
bear interest at a rate not exceeding six per centum per annum, pay-
able semi-anually on the first day of July and January, and princi-
pal and interest payable at the office of the city treasurer. The
said bonds shall be negotiated at not less than par, and the pro-
ceeds shall be applied solely to pay for said improvement, and
the proceeds thereof shall only be paid upon the certificate of the
city engineer of the said city that the work has been done accord-
ing to contract. When the whole work is done the amount of the
bonds sold to pay for the same, and the interest thereon to the next
interest day, when assessments can be collected as hereinafter pro-
vided to pay the same, shall be taken as the cost of said improve-
ment to be paid by the abutting property owners, and that amount
shall be assessed equally by the front foot of property fronting or
abutting on the said improvement. Such assessments shall be
payable in equal installments to meet said bonds provided for in
the ordinance ordering said improvements at the office of the col-
lector of city taxes, with interest at the rate provided for in said
bonds, payable semi-annually, from the date to which said semi-
annual interest was computed on the amount of said bond, or
so much as remains unpaid from time to time, until all said
bonds and interest are fully paid. Such assessments with the
interest accruing thereon, shall be a lien upon the property abut-
ting upon the street, avenue, or alley from the time the contract
is entered into for the making of said improvement, and shall remain
@ lien until fully paid, having precedence of all other liens except
taxes, and shall not be divested by any judicial sale, unless the pay-
ment of same is provided for from the proceeds of such sale, which
lien may be enforced by a bill in chancery ; provided that such lien
shall be limited to the usual depth of the lots or lands abutting on
said improvement, and no mistake in the description of the property
or the name of the owner or owners shall impair the said lien. Any
owner of property against whom an assessment shall have been made
for such improvement shall have the right to pay the same, or any
part remaining unpaid, in fu)l, with interest thereon, to the next
semi-annual payment of interest due on said assessment, and such
payment shall discharge the lien on said property. If any owner
shall subdivide any abutting property after such lien attaches, he
may discharge the lien upon any part thereof in like manner. All
moneys received from such assessments shall be appropriated by
the proper authorities of said city solely to the payment of the
interest and the redemption of the bonds issued for said improve-
ment or any renewal thereof. If any bond or interest shall be due,
and there is no money on hand with which to pay the same, the city
council shall be authorized to make a temporary loan to pay said
bonds or interest; but such lien shall continue in force on the
abutting property for the full assessments not paid and accruing
interest for such temporary loan in behalf of the city.

48. The council may by ordinance make such regulations not
inconsistent with law as it may deem expedient in relation to the
erection of buildings or the alteration of the same, and may regulate
the building, construction, management, and inspection of elevators,
hoist-ways, elevator shafts, and plumbing, steam, gas, and electric
fittings of buildings in said city.

49. The council may by ordinance make such regulations in rela-
tion to the construction of all wagons, carts, carriages, trucks, sleighs,
sleds, and other vehicles, or any part thereof, and their loads, passing
over the highways and public places of said city, as it may deem
necessary for the public good.

50. The council shall enact stringent and efficient laws for secur-
ing the safety of persons from fires in halls and buildings used for
public assemblies, entertainments, or amusements.

51. In the building of any sewers through the streets or alleys of
said city the council shall have the authority to contract with the ad-
jacent property owners for the temporary use of the adjacent property,
and pay adequate compensation therefor; and in case the compensa-
tion cannot be agreed upon the temporary use of such property may
be had by proceedings similar to those employed in the condemnation
of the freehold under the general laws of the state.
52. The council shall have authority to make all such ordinances,
by-laws, rules, regulations and resolutions not inconsistent with the
laws of this state, as may be expedient in addition to the special pow-
ers herein granted, for maintaining the good government and welfare
of the city and its trade, commerce and manufactures, and to enforce
by ordinance and to inflict penalties for a violation thereof not exceed-
ing one hundred dollars.

53. Every ordinance or resolution partaking of the nature of an
ordinance which shall have been passed by the council shall, before
it becomes a law, be presented to the mayor; if he approve, he shall
sign it and return the same to the city clerk. In case of his disap-
proval, he shall return the same to the council, with his reasons
therefor in writing, and the council shall have the right to pass such
ordinance or resolution over his veto by a vote of two-thirds of the
members of the council. In case the mayor fails to either approve
or disapprove an ordinance or resolution, or to return the same to
the clerk within ten days after it has been presented to him, it shall
become a law.

CuHaprTer IV.

54. Mayor.—It shall be the duty of the mayor to enforce the laws
and ordinances of the city and all orders and resolutions of the coun-
cil. He shall see that the duties of the various city officers are faith-
fully performed. He shall have power to investigate their acts and
have access to all books and documents in their office. He shall also
have power to remove or suspend any municipal officer, whether he
be elected by the qualified voters of the city or by the council, for
misconduct in office or neglect of duty, to be specified in the order of
suspension or removal; but no such removal shall be made without
reasonable notice to the officer complained of and an opportunity
afforded him to be heard in his defence. Whenever the mayor shall
remove or suspend any such officer, he shall report the facts, with his
reasons therefor, to the council at the next regular meeting, but in
no case shall such removal be final until ratified by a majority of the
whole council; provided, however, that nothing in this section shall
be construed as authorizing the mayor to remove the sergeant of said
city or his deputies, the power and authority to remove said sergeant
and deputies being hereby confined exclusively to the hustings court
for the city of Roanoke, said court being hereby empowered to re-
move, after reasonable notice and an opportunity being given to be
heard, said sergeant or any of his said deputies for malfeasance or
misfeasance in office.

55. In case of the absence or inability of the mayor the president
of the council, or in his absence or jnability the president pro tem-
pore of the council, shall act as mayor, and shall possess the same
powers and discharge the same duties as are possessed and dis-
charged by the mayor during such absence or inability.

56. It shall be his duty to communicate to the council at the end
of each fiscal month a general statement of the condition of the city
in relation to its government, finances and improvements, with such
recommendations as he may deem proper.
57. In case a vacancy shall occur in the office of mayor the presi-
dent of the council shall fill the vacancy for the unexpired term, and
rhe vacancy thus caused in the council shall be filled according to
aw.

58. The mayor of said city shall be removed upon information or
presentment by the hustings court for the city of Roanoke upon
proof of malfeasance or misfeasance in office.

59. The mayor shall receive such salary as shall be fixed by the
saidfcouncil, and he. shall receive no other compensation or emolu-
ments whatever, and his salary shall not be diminished during his
term of office.

60. The mayor shall] be authorized to appoint achief of police and
such number of policemen as may be prescribed by the council,
which appointments shall be reported to the council at the next
regular meeting thereof, and if approved by it they shall be con-
firmed. Such chief and policemen shall constitute the police force
of said city, and shall hold their respective positions during good
behavior, or until they may be severally removed by the mayor or
by three-fifths vote of the council, after notice to and failure of the
mayor to act after having been requested to do so by the council.
The police force shall be under the control of the mayor for the pur-
pose of maintaining peace and order and executing the Jaws and
ordinances of the city, and shall perform such other duties as the
council may prescribe. For the purpose of enabling it to execute
its duties and powers each member of the police force is hereby made
and constituted a conservator of the peace, and endowed with all the
powers of a constable in criminal cases, and all other powers which,
under the laws of the city, may he necessary to enable him to dis-
charge the duties of his office. The uniform, rules and regulations
of the police force shall be prescribed by the mayor and approved
by the council. The pay of all policemen shall be prescribed by the
council.

61. Police justice.—The police justice shall possess and exercise
all the jurisdiction and exercise all the power and authority in cri-
minal cases of a justice of the peace for said city, but he shal! re-
ceive no fees for services as such police juatice. He shall also try
all violations of the city ordinances and inflict such punishment ag
may be prescribed for a violation of the same. He shall! keep hie
office and court at the place prescribed by the council, daily, except
Sundays, and if from any cause he shall be unable to act, the mayor
shall appoint one of the justices of the peace of said city to discharge
the duties of the police justice prescribed herein during such inability.
and who shall be paid for such service by the police justice at the same
rate per diem as such police justice receives. From any decision of
the police justice affecting the legality or validity of any ordinance
passed by the council the city shall have the right of an appeal tc
the hustings court of said city.

62. The police justice shall keep a regular account of all fines, for-
feitures, and costs imposed or arising in the administration of his
office, which he shall report weekly to the auditor. The chief of
police shall collect such fines, forfeitures, and costs and report the
same weekly to the auditor, and pay the same weekly to the treas-
urer. The police justice shall receive such salary as shall be fixed
by the council, and he shall receive no other compensation or emolu-
ments whatever, and his salary shall not be diminished during his
term of office.

63. Treasurer.—The city treasurer shall receive all the money be-
longing to the city, and shall keep his books and accounts in such
manner as the council may prescribe, and such books and accounts
shall be subject to the inspection of the mayor or any committee of
the council authorized to examine the same.

64. No money shall be paid out except upon warrants of the audi-
tor, countersigned by the clerk of council. All money to be paid to
the treasurer of the city shall be paid by the persun liable to pay the
same or his agent to the treasurer in the following manner: A war-
rant shall first be obtained from the auditor, directed to the treas-
urer to receive the sum to be paid, specifying un what account the
payment is to be made. Upon payment of the money to the treas-
urer he shall give a receipt for the same in duplicate, which receipt
shall be carried to the auditor, who shall endorse on the original re-
ceipt the fact that a duplicate thereof has been filed in his office and
deliver the same to the person entitled thereto, and shall file the
duplicate in his office; and no payment made to the treasurer unless
this requirement is complied with shall be an acquittance of any
claim on the part of the city.

65. The treasurer shall also report to the city auditor at the end of
each fiscal year, and more frequently if required, a full and detailed
account of all receipts and expenditures during the fiscal year in the
city treasury. He shall keep a register of all warrants of every sort,
the number and the person to whom paid, specifying also the time
of payment, and all such warrants shall be examined by the com-
mittee on finance, who shall examine and compare the same with the
books of the auditor at the end of each fiscal year and report its
findings to the council.

66. The treasurer shall perform such duties as may be hereafter
prescribed and ordained by the council.

67. The treasurer shall be required to keep all money in his pos-
session belonging to thecity upon deposit in some safe banking insti-
tution or institutions in the city of Roanoke, and such moneys shall
be deposited to his credit as treasurer of the city of Roanoke; and
he is hereby expressly prohibited from using, directly or indirectly,
the corporation money or warrants in his custody or keeping for his
own benefit or use, or that of any person or persons whomsoever, and
any violation of this provision shall be deemed a malfeasance in
office, for which he may be removed by proceedings instituted in the
hustings court for said city. In case of his removal the judge of
the hustings court shall appoint a qualified person to fill said office
until the next general election whick may be held in the city, when
the qualified voters of said city shall fill the vacancy by the election
of his successor, who shall hold office for the remainder, if any, of
the unexpired term of the officer removed.

68. The treasurer shall be allowed such compensation for receiving
and disbursing the revenue, city and school levies, and other funds
a8 may be prescribed by council; and he shall receive no other com-
pensation or emoluments whatever, and his salary shall not be
diminished during his term of office.

69. The council shall elect a collector of city taxes, whose duty it
shall be to collect all city taxes and assessments, city licenses, rents,
fines, penalties, and other income and revenue of the city which is
not made specially the duty of some other officer to collect. He
shall have the right to appoint one or more deputies, to be approved
by the council, for whose acts and doings he and his sureties shall
be responsible. He shall perform such other acts and duties as the
council may from time to time require of him. The collector of city
taxes shall receive such compensation as council may prescribe by
ordinance. The council shall by ordinance fully prescribe the duties
of the tax collector and manner and mode of conducting his office.
Before entering upon his duties as collector of city taxes, and so
forth, he shall enter into bond, with sureties to be approved by
council, in such sum as the council may direct, said bond to be pay-
able to the city of Roanoke and conditioned for the faithful discharge
of the duties of said office.

70. Auditor.—The auditor shall superintend the fiscal concerns of
the city, and shall manage the same in the manner required by this
act and the ordinances and resolutions of the council.

71. He shall keep a regular set of books, in which shall be opened
and kept as many accounts, under appropriate titles, as may be
necessary to show distinctly all the estate and property whatsoever,
real and personal, vested in the city by law or otherwise, and of
trusts in the care of the same; all funds due and owing by the city,
all receipts and expenditures in the various departments of the city,
and all appropriations made by the council, and the sums expended
under the same, respectively.

72. He shall from time to time and as often as he may deem neces-
sary or the council shall direct, suggest plans to the council for the
management and improvement of the city finances.

73. He shall have the supervision and control of the fiscal con-
cerns of all departments and officers of the city, who shall collect,
receive, or disburse the public moneys, or who are charged with the
management or custody thereof; and may at any time require from
any of them in writing an account of any and all moneys or prop-
erty of the city in their hands or under their control, and he shall
immediately upon the discovery of any default, irregularity, or
delinquency report the same to the council.

74. He shall sign all warrants on the city treasurer, and shall not
suffer any appropriation made by the council to be overdrawn. In
every case where an appropriation shall be exhausted, and the object
of which is not completed, he shall immediately report to the council
and give such report, with a statement of the moneys which have
been drawn on such appropriation, and the particular purposes fo.
which they were drawn. Whenever an account against the city shal!
be presented to him for payment the person presenting the same
shall, if the auditor require, produce evidence—first, that the amoun
expressed in the account is due to the person in whose favor it ia
made ; second, that the supplies or services on which the account is
made have been furnished or performed; third, he shall have au-
thority to administer oaths or affirmations in verification of demands
for his signature, but shall not be entitled to receive any fee there-
for. The council, however, may require, before any warrant is
issued, that the account be submitted to the council.

75. He shall make a report, verified by oath or affirmation, to the
council at the end of each fiscal month of the public accounts of said
city, and of the trusts in its care, exhibiting all of the expenditures
of the city, the sources from which the revenue and funds are de-
rived, and in what manner the same have been disbursed, each ac-
count to be accompanied by statement in detail, in separate columns,
of'the several appropriations made by the council and the amount
drawn on each appropriation, and the amount standing to the debit
or credit of the same.

76. There shall be kept in the auditor’s office a lien docket, in
which, in proper columns, shall be entered al] claims for curbing and
paving sidewalks, assessments for damages, and all contributions for
opening public streets, lanes and alleys, or parts thereof; for paving,
grading, macadamizing the same; for sewerage, and for any other
public improvements, which docket shall at all times be open to the
inspection of the public; and after said lien shall have been dock-
eted all persons shall be affected with notice.

77. The auditor shall receive such salary as shall be prescribed by
the council, and the same shall not be diminished during his term
of office.

78. City clerk.—There shall be one city clerk elected by the coun-
cil, who shall hold office for two years and until his successor be
elected and qualified unless sooner removed from office by the coun-
cil.

79. The said clerk shall attend the meetings of the council and
keep a record of its proceedings, and he shall be the clerk of all the
committees thereof; he shall have the custody of the corporate seal
and of all official bonds taken by order of the council or under re-
quirements of law; he shall keep all the papers that by the provi-
sione of this act or the direction of the council are required to be
filed with or kept by him. He shall countersign all warrants issued
by the city auditor.

80. It shall be his duty, immediately after the close of each ses-
sion of the council, to make and present to the mayor a transcript of
every ordinance, resolution or order, and act of legislative character
concerning any public improvement, or for the payment of money,
and of every ordinance, resolution, order or act of legislative charac-
ter passed at such session. He shall in like manner transmit to the
auditor a transcript of all orders, ordinances or resolutions appropri-
ating money or authorizing the payment of money, the issue of bonds
or notes. He shall in like manner give notice to all persons present-
ing petitions or'communications to the council of the final action of
the council on such petition or communication. He shall publish
such reports and ordinances as the council is required by this act to
publish, and such other reports and ordinances as it may direct, and
shall in general perform such other acts and duties as the council
may from time to time require of him.

81. Clerk of the hustings court—There shall be one clerk of the
hustings court for said city, who shall serve for a period of six years
and until his successor be elected and qualified. He shall receive in
compensation for his services the fees and emoluments allowed by
law to clerks, and such allowances as the council may from time to
time deem just and proper.

82. Commonwealth’s attorney.—There shall be one common-
wealths’s attorney, who shall prosecute in all criminal cases in the
hustings court of said city. He shall hold his office for a term of
two years and until his successor be elected and qualified unless sooner
removed, and shall receive for his services such compensation as may
be prescribed by law and such additional compensation as the coun-
cil may from time to time provide.

83. Commissioner of revenue.—There shall be one commissioner
of revenue, who shall hold his office fora period of four years and
until his successor be elected and qualified unless sooner removed
from office. He shall give bond, with sureties, in such amount as
the council may determine, said bond to he approved by the council
and entered on its journal and filed in the office of the city clerk.
In case a vacancy shall occur in the office of commissioner of the
revenue the council shall elect a qualified person to fill said office
until the next general election which may be held in the city, when
the vacancy shall be filled by the qualified voters for the unexpired

rm.

84. The said commissioner of revenue shall perform all the duties
in relation to the assessment of property for the purpose of levying
the city taxes that may be ordered by the council. He shall keep
his office in some convenient place in said city, and shall keep therein
such books, schedules, and records, and in such manner as the coun-
cil may prescribe or as required by the state law, which books,
records, and other papers shall be subject to the inspection and ex-
amination of the mayor, the members of the council or any com-
mittee thereof, of the city treasurer, and collector of city taxes.

85. To aid the commissioner of the revenue in his duties the clerk
of the hustings court for said city, as required, shall deliver to him
such lists as are mentioned in section four hundred and thirty-nine
of the code of Virginia of eighteen hundred and eighty-seven as far
as may relate to lands in said city.

86. The commissioner of revenue shall be paid such fees for the
performance of all duties in relation to the assessment of property
for the purpose of levying the city taxes, and for all duties in con-
nection with issuing the city licenses, assessments and other claims
of the city, and any and all other duties in connection with the mu-
nicipal business of the city of Roanoke as the council may from time
to time prescribe, and no other compensation.

87. City sergeant.—There shall be one city sergeant, who shall
attend the terms of the court of hustings for said city and act as the
officer thereof, and shall perform other duties as may be prescribed
and ordained by the council, and shall receive such compensation
therefor as the council may determine.

88. The sergeant may, with the approval of the court of hustings
of said city, appoint a deputy or deputies, who may be removed from
office by the said sergeant, by the mayor, or by the council. During
the continuance in office of the said sergeant his deputy or deputies
may discharge any of the duties of the office of sergeant, but the
sergeant and his sureties shall be liable therefor.

89. There shall be elected one constable for the city, who shall
hold his office for the term of two years, and until his successor be
elected and qualified, unless sooner removed from office. Said con-
stable shall have the power to appoint one or more deputies, with or
without security, who shall have the like powers as their principal
officer; but the principal or high constable and his securities shall be
responsible for the acts of said deputies. Said constable shall keep
his office in such convenient place in the city as may be designated
by the city council, and shall receive such compensation for his ser-
vices a8 is allowed by law. He shall in all civil cases have the same
powers and duties, and be subject to the same penalties as are pre-
scribed by law for other constables, and shall perform such other
duties as the council may ordain or may be prescribed by the laws
of this state.

90. Justices of the peace.—There shall be one justice of the peace
for each ward of said city, who shall be residents of their respective
wards, and shall hold office for the term of two years, and until their
successors be elected and qualified, unless sooner removed from
office. The said justices of the peace shall be conservators of the
peace within the limits of the corporation of Roanoke and one mile
beyond, and shall have the same powers and duties within said
limits, and receive for their services such fees as are prescribed by
law in respect to justices of the peace in the counties of this state
in their respective counties.

91. Clerk of the markets.—The clerk of the markets shall perform
such duties and receive such compensation as may be prescribed by
the council. All moneys received by him shall be reported weekly
to the auditor and paid to the treasurer.

92. City solicitor.—All law matters to which the city may bea
party or in any wise interested shall be under the supervision, direc-
tion, and control of the city solicitor, subject to the direction of
council. He shall prepare all bonds, obligations, contracts, leases,
covenants, assurances, and other documents which may be required
of him by any ordinance or order of the council or the general laws of
the city; commence and prosecute all and every suit or suits, action
or actions brought by the city for or on account of the estate, rights,
trusts, privileges, claims, or demands of the same, and defend all
actions or suits brought against the city or any officer thereof before
any court of this commonwealth, and shall do all and every pro-
fessional act incident to the office which may be required of him by
the mayor, the council, or any committee thereof.

93. He shall, when required, furnish the council, committees
thereof, the head of any department, or the mayor, with his written
Opinion on any subject which may be submitted by them to him.

94. He shall at least once in each month make a report to the city
auditor of all moneys received by him by virtue of his office and
immediately pay the same to the treasurer.

95. The city solicitor shall receive such salary as shall be fixed
by the council at the beginning of each fiscal year and no other
compensation, and all fees received by him in his official capacity
shall be paid to the city treasurer monthly, as hereinbefore provided.

96. City engineer.—The city engineer shall make field notes of all
work performed by him for the city and and for private individuals
within the city limits, and the same shall be kept in his office for
reference and turned over to his successor.

97. The city engineer shall devote his entire time and attention to
the service of the city in surveying the streets, alleys, lanes, and
highways thereof, furnish regulations for building, and make all
necessary plans, drafts, or maps which may be required for the use
of the city for highways, paving, surveying or building. All instru-
ments, paper, and other materials necessary for the equipment and
supply of his office shall be furnished by the city, and all maps,
drafts, or plans made by the city engineer for the purposes afore-
said and intended for preservation shall be executed on sheets of
good draft paper, and shall, as far as practicable, be all of a uniform
size, and the same shall be the property of the city and be bound in
book form and be kept among the archives of the city for the use of
the council and the various officers of the city government and the
inspection of the citizens; and he shall do and perform any other
service that may be required of him by resolution or ordinance of
the council.

98. The salary of the city engineer shall be fixed by the council,
and all fees received by him in his official capacity shall be paid
over to the city treasurer monthly in the same manner as is required
for paying in other moneys.

CHAPTER V.

99. General provisions.—The common council may, in the name
and for the use of the city, cause to be issued certificates of debt or
bonds for making any manner of public improvement and for public
school buildings and the equipment thereof: provided that no such
certificates of debt or bonds shall be issued except by a three-fourths
vote of the council, endorsed by a majority of the freehold voters of
said city voting on the question; but such certificates of debt or
bonds shall not be irredeemable for a period greater than thirty-four
years: provided, further, that said council shall not issue such cer-
tificates of debt or bonds for the purpose of subscribing to the stock
of any company incorporated for a work of internal improvement or
other purposes without first being authorized to do so by a three-
fourths vote of the freehold voters of the city voting on the question:
and provided, further, that in no case shall the aggregate debt of the
city at any one time exceed ten per centum of the assessed value of
the property, real and personal, within the city limits: and provided,
further, that the said council shall not endorse the bonds of any
company, whatsoever without the same authority.

100. The council shall have the power to negotiate and secure a
temporary loan by issuing bonds or making notes therefor bearing
interest at not exceeding six per centum per annum; auch bonds,
notes, or other evidences of debt to be executed in the same man-
ner as the bonds provided for in section ninety-nine are executed :
provided tbat no such debt shall be created except by a three-
fourths vote of the entire council: and provided, further, that such
debt shall be payable or such bonds redeemable within one year
from the creation of such debt or issue of such bonds; but no
such debt or issue of bonds shall at any time exceed in the aggre-
gate twenty-five thousand dollars.

101. There shall be set apart from the resources of the city a
sum equal to one per centum per annum of the aggregate debt not
payable within one year, whether contracted heretofore or hereafter.
The fund thus set apart shall be called the sinking fund and shall
be applied to the payment of the debt of the city as it shall be-
come due, and if no part be due or payable it shall be invested in
the bonds or certificates of debt of the city or of this state, or
of the United States, or of some state of this union; said funds
shall, in the hands of the treasurer, as to all questions of invest-
ment, purchase, or sale, be subject to the orders and management
of the mayor, chairman of the finance committee of the common
council, auditor, treasurer, and president of the common council,
who together shall compose the sinking fund commissioners.

102. All contracts for the erection or construction of public im-
provements shall be let to the lowest responsible bidder, and notice
shall be given thirty days before the work is finally let by adver-
tisement in one or more newspapers published in said city, and the
party to whom said contract shall be let shall give such bond as the
council may require; but in no event shall any contract be let to
any member of the council, nor shal] any member have any interest
in said contract; provided, "however, that the council may have such
work done and public improvements made under its immediate di-
rection in any case involving expenditures of sums not exceeding
two hundred dollars, and may employ such superintendents, me-
chanics, laborers, and teams, and purchase such material as may be
neccessary therefor; and provided, further, that in any case involv-
ing the expenditure ‘of sums over two hundred dollars the council
may reject any and all bids, and by three-fourths vote order said
work to be done or improvements to be made under its immediate
supervision, in the same manner as hereinbefore provided for in the
case of work done or improvements made not costing more than
two hundred dollars.

103. For the execution of its powers and duties the council may
raise taxes annually by assessments in said city on all subjects tax-
able by the state such sums of money as it shall deem necessary to
defray the expenses of the same, and in such manner as it shall
deem expedient (in accordance with the laws of this state and of the
United States); provided that no tax on real and personal property
ln said city shall exceed one dollar and twenty-five cents upon the
one hundred dollars assessed value thereof; and provided, also, that
no corporation tax shal] be levied within the period of twenty years
from the third day of February, eighteen hundred and eighty-two,
upon machinery, implements, or money used for the equipment of
any manufacturing establishment to be operated in said city.

104. The council may levy a tax on gas and water companies, fire
insurance companies, life insurance companies, telephone compa-
nies, telegraph companies, building and loan associations, express
companies, investment companies, auctioneers, theatrical or other
like performances or shows; to keepers of billiard tables and ten-
pin alleys; to hawkers and peddlers; to agents for the renting or
sale of real estate; to commission, wholesale, and retail merchants,
and on each and every kind of business or employment, whether
cayried on by individuals, firms, or corporations (through agents or
otherwise), or any person whatsoever doing business in said city,
and whether such person, firm, or individual be conducting a busi-
ness or employment of a character or kind similar to that especially
mentioned above or not, and any other business, whether a license
may be required therefor by the state or not.

105. Any payment of taxes by the tenant shall be a credit against
the person to whom be owes rent.

106. The council may grant or refuse licenses to owners or keepers
of wagons, drays, carts, hacks and other wheel carriages kept or em-
ployed in the.city for hire, and may require the owners thereof using
them in the city to take out a license therefor, and may assess a value
and require taxes to be paid thereon, and subject the same to such
regulations as it may deem proper, and may regulate their charges.

107. All goods and chattels, wheresoever found, may be distrained
and sold for taxes assessed and due thereon, and no deed of trust or
mortgage on goods and chattels shall prevent the same from being
distrained and sold for taxes assessed against the grantor in such
deed.

108. There shall be a lien on real estate for the city taxes, as as-
s3ssed thereon from the commencement of the year from which they
are assessed. The council may require real estate in the city delin-
qent for the non-payment of taxes to be sold for said taxes, with in-
terest thereon at the rate of six per centum per annum.

109. The council may vest in the collector of city taxes and assess-
ments and any other collector of sums due the city which it may ap-
point any or all of the powers which are now or may be hereafter
vested in any collector of state taxes, and may prescribe the mode of
his proceeding and the mode of proceeding against him for failure to
perform his duties. No deed of trust or mortgage on goods or chat-
tels shall prevent the same from being distrained and sold for taxes
assessed against the grantor in such deed while such goods or chat-
tels remain in the possession of the grantor, nor shall any such deeds
prevent the goods and chattels conveyed from being distrained and
sold for taxes assessed thereon, no matter in whose possession they
may be found. The council may regulate the terms on which
real estate may be sold for taxes or redeemed; provided that all
such sales shall be made subject to the prior lien of the common-
wealth for taxes; provided, however, that the city taxes and assess-
ments, city licenses, rents, fines, penalties, and other income and
revenue of the city for the year eighteen hundred and ninety-five
shall be collected in the manner provided by Jaw on the day before
this charter takes effect.

110. The council may organize and maintain a fire department for
said city, and appoint an engineer, assistants, and other officers,
with any and all powers which have been or may be vested by law
in such officers; and it may make rules and regulations for the
government of the officers and men of said department; may pre-
scribe their respective duties in case of fire or alarms of fire; may
fix their pay and may impose reasonable fines for the breach of such
regulations; and may make such ordinances as it may deem proper
to extinguish and prevent fires, to prevent property from being
stolen, and to require citizens to render aid to the fire department
in case of need.

111. All bonds, contracts, deeds, and other papers shall be executed
by the mayor under the direction of the council, and the seal of the
corporation shall be affixed and attested by the city clerk.

112. The said council shall by ordinance provide for any irregular
election not herein provided for, and may appoint the necessary
officers to conduct the same.

113. Unless otherwise specially provided, the persons holding any
of the offices provided for in this act which have heretofore existed
under the charter in force immediately before its adoption shall
continue to hold the same under the present election or appoint-
ment until the term of said office, as therein provided, shall expire,
dating the commencement of such term from the time fixed in
said former charter; and all laws and ordinances in force imme-
diately before the presence of this act, so far as consistent here-
with, and all liabilities, actions, claims, contracts, and prosecutions
arising thereunder shall remain and continue as if this act had not
passed.

114. All ordinances now in force in said city not inconsistent with
this act, the laws of the state, and of the United States shall be and
remain in force until altered, amended or repealed by the said
council.

115. In every case where this charter creates a new office and in
case of any vacancy occurring by death, resignation, removal or
otherwise in any office elected by the people, when not otherwise
herein provided, the same shall be filled by appointment by the
council for the unexpired term, and the appointee so appointed shall
hold said office until the end of the term for which his predecessor
was elected.

116. In each and every instance where the said city has made con-
tracts, agreements, leases, or entered into any contract, agreement,
or other obligation whatsoever, or received bonds or obligations for
the performance of any contract, or the completion or maintenance
of the same, in which the board of public works of said city was re-
quired to do and perform any specified act for and on behalf of said
city, the words city engineer shall be substituted therefor, and all
acts performed by him by virtue of such substitution shall be valid
and binding upon all parties interested in said contracts, obligations,
or bonds, or any other instrument of writing whatever in which the
said city is a party as though the office of board of public works re-
mained in force and in fact henceforth.

117. The said city of Roanoke shall make the payments to the
county of Roanoke provided for in section one hundred and eighteen
of an act to provide a new charter for the city of Roanoke, approved
February nineteenth, eighteen hundred and ninety-four.

118. All acts and parts of acts in conflict herewith be, and are
hereby, repealed.

119. This act shall be in force from its passage.