Chap. 2.—An ACT amending the Charter of the City of Lynchburg, &c.
Passed - December 8, 1866. |

1. Be it enacted by the general assembly, That the terri-
tory contained within the limits prescribed by the act now in
force, and by any act hereafter passed by the general assem-
bly, shall be deemed and taken as the city of Lynchburg;
and the housekeepers and inhabitants within said limits, and
their successors, shall continue to be a corporation, with per-
petual succession, by the name and style of The City of
Lynchburg; and as such, and by that name, may contract
and be contracted with, sue and be sued, plead and be im-

leaded, answer and be answered unto, and may purchase,
take, hold, receive and use goods and chattels, lands and tene-
ments, and choses in action, or any interest, right and estate
therein, either for the proper use of the said city, or in trust
for the benefit of any persons or association therein; and the
same may grant, sell, convey, transfer and assign, let, pledge,

mortgage, change and encumber, in any case, and in any
manner in which it would be lawful for a private individual
so to do; and may have and use a common seal, and alter and
renew the same at pleasure; and, generally, shall have all the
rights, franchises, capacities and powers appertaining to mu-
nicipal corporations in this commonwealth.

2. The corporation of the city of Lynchburg shall have
all the estates, rights, titles and privileges, all the funds, reve-
nues and claims, ‘and all the powers, capacities, fr anchises and
immunities which are vested in, or conferred upon, or be-
longed or appertained to, the city of Lynchburg, or the town
of Lynchburg, by or under any act or acts of the general
assembly heretofore passed, and not repealed by or in con-
flict-with this act.

3. For said corporation there shall be a mayor. There
shall be a board called the council of the city of Lynch-
burg,” which shall be composed of twelve members, of whom,
until the council shall otherwise prescribe, six shall be for
each ward.

4. There shall be a court, which shall be called the court
of hustings for the city of Lynchburg; and the members of
said court shall consist of a judge and twelve other persons,
of which twelve persons, until the council shall otherwise-
prescribe, there shall be six from each ward. ‘The said court
shall have jurisdiction, and the mayor of the city, and the
members of the court, shall each have the powers of a justice
of the peace, not only within thé corporate limits of said
city, but also for the space of one mile without and around
said city, for matters arising within the range of said juris-
diction, according to the laws of this commonwealth.

5. All the estates, rights, titles and privileges, and all the
funds, revenues and claims of the city, shall be under the care,
management, control and disposition of the council; and all
the corporate powers, capacities, franchises and immunities
of the city shall be exercised by the council, or under its
authority, unless it be otherwise expressly provided.

6. There shall be an election annually, in each ward of the
said city, on the first Tuesday in April, for members of the
council; and there shall be an election in each ward, on the
first Tuesday i in April next, and on the first Wednesday i in
April in every fourth year thereafter, for a mayor of said
city, and for members of the court of hustings other than
the judge thereof; and in the event of a failure to hold
either of said elections on that day, then such election shall
be held on such day as the council may direct..

7. The term of office of members of the council and of
the mayor, and other members of the court of hustings, ex-
sept the judge thereof, shall commence on the Saturday after
the election.

8. At the next May term of the hustings court, held by
the recorder and aldermen, and at the May term of said
court, held in every fourth year thereafter, there shall be
appointed by said court a sergeant, and a high constable for
said city; and at the May term of the hustings court, held
by the recorder and aldermen next before the expiration of
the terms of office. of the persons holding the positions of
attorney for the commonwealth and of clerk of such court at
the time this act goes into operation, there shall be ap-
pointed by said court a clerk thereof (who shall also be the
clerk of the said court when the same is held by the judge,)
and an attorney for the conrmonwealth for said court. In
the event of a failure to hold a term of said court in the
month of May, or to make any of said appointments, then
such appointment or appointments shall be made at the next
ensuing term of said court. The term of office of the ser-
geant, high constable, attorney for the commonwealth and
clerk, shall commence on the first day of July next succeed-

ing their appointment, and shall continue for four years. The
aaid officers shall give official bonds, conditioned as prescribed
for the similar officers in the counties, and the same shall be
taken by the said court, in such penalty and with such secu-
rity as it may deem proper.

9. At such election in a ward, any white male citizen of
the commonwealth, of the age of twenty-one years, who
resides in such ward, and is qualified to vote in the city for
members of the general assembly, shall have a right to vote
and be eligible as a member of the council or of the court of
hustings.

10. For such election the city shall continue divided (as at
present) into two wards, until the council shall lay it off into
wards differently, or alter the wards. The said election shall
be held at such place in each ward as shall have been pre-
scaibed by the council—the president or clerk of the council
publishing, previo ny f° the election, notice of the time and
place therefor, in tWo papers of the city for two weeks, or
for such other time as the council may direct.

11. For superintending said election the council shall, pre-
vious thereto, appoint five persons in each ward as commis-
sioners, any two or- more of whom may act to superintend
the election in such ward; and the said commissioners shall
have such powers and perform such duties as are prescribed
by the Code of Virginia for commissioners and superingen-

dents of elections, and shall take such oath of office as. is
therein prescribed ; a certificate of which oath shall be re-
turned to the clerk of the council to be preserved in his
office.

12. The poll shall not be opened at any election sooner
than sunrise, and shall be closed at sunset; and in no case
shall the polls be kept open more than one day. An officer
to conduct the election in each ward shall be appointed by
the council, or if the council fail to do so, or the officer ap-
pointed by it fail to attend, by the commissioners. Under
the superintendence and control of the commissioners, it
shall be the duty of said officers, (after taking the oath of
oftice prescribed for such officers in the Code of: Virginia, a
certificate whereof shall be returned to the clerk of the
council), to cause the polls to be opened publicly for the
election in the ward for which he is appointed; to proclaim
and see recorded the votes admitted by the commissioners:
to preserve order and remove force. The said officer shall
employ such writers, and at such rate of compensation 4s
the council may direct; or in the absence of such direction,
such writers and at such rate as he shall think fit; and they
shall respectively take an oath, to be administered by said
officer, to record the votes faithfully and impartially. He
shall deliver to each writer a poll book for those offices as to
which such ‘writer is to record the votes; and each writer
shall enter the name of each voter in a column under: the
name of each person for whom he votes for any of said
offices. The said votes shall be given as prescribed by the
constitution of the state of Virginia.

13. After the names of all the persons offering to vote,
before the time for closing the election, shall have been thys
entered, the officer shall conclude the poll. Immediately on
the conclusion thereof, the correctness of the poll shall be
certified by the commissioners superintending the election
and by the officer conducting the same.

14. If a person vote‘more than once in the same election,
all his votes -shall be stricken from the poll. This shall be
done in an election for members of the council or of the
court of hustings, by the officer conducting the election for
the ward in which such election is held, and in the.election
of other officers, by the officers conducting the elections in
the several wards. It shall be dpne upon an examination of
the polls, to be had as soon as practicable after they are
closed; and the officer or officers shall at the same time
attach to the poll a list of the votes stricken therefrom, and
the reasons therefor. . ,

15. The officer conducting the elefion in a ward shall

then ascertain, declare and certify what persons are elected
in said ward as members of the council; or if an equal num-
ber of votes be given for persons, of whom one or more, but
not all, could be lawfully elected, he shall certify the name of
each of said persons, and the number of votes given for him.
He shall also ascertain and certify the name of each person
vojed for in such ward as a member of the court of hustings,
and the number of votes given for him. And the officers
conducting the elections in the several wards shall, in respect
to each of the other officers for which an election is held,
ascertain and certify the name of each person voted for, for
such office, and the number of votes given for tim.
- 16. The certificates of said officers, with the polls, shall
be delivered by them to the clerk of the council; whereupon
the persons appearing by said certificates to be elected in a
ward as members of the council for such ward, shall be enti-
tled, after taking the proper oath, to sit in the council until
the council shall otherwise decide. The council shall ascer-
tain, and upon their journal enter what persons are elected
to the respective offices of the city for which the election
was held.
17. The council may decide between two or more persons
having an equal number of votes for the same office, which
of them is elected; it may pass upon the qualifications of
persons voted for; it may prescribe the manner of deter-
mining contested elections in cases not- specially provided
for by this act; it may prescribe the fines to be imposed on
persons who vote illegally; and, in regard to any other
question in respect to which it directs a poll, it may make
such rules and regulations as it may deem fit: .

18. The council shall certify. to the court, of hustings, held
by the recorder and aldermen, the names of the persons
elected from each ward as members of said court. The
council shall cause the several persons elected to be notified
of their election; and the persons elected members of the
court of hustings shall elect from among themselves one per-
son as recorder, and one as-senior alderman of the city, and
certify such election to said court. The other persons elected
members of said court shall be aldermen of the city.

19. The members of the council for any ward, who may
be in office at the time an election is held for their successors,
shall continue in office until said successors or a majority of
them are qualified. The members of the court of hustings
elected from any ward, who may be in office at the time an
election is held for their successors, shall also continue in
office until said successors or a majority of them are qualified.
And the mayor and all other persons holding offices men-
tioned in this charter, shall (unless sooner removed) continue
in office, after their terms of service have expired, until their
respective successors are qualified. |

.20. If the person who: shall have received the highest
number of votes for an office be adjudged by the council to
be eligible, or if, in the case of a contested election the
council decide that*neither of the parties to the contest is
entitled to the office for which the election was held, it shall,
in either of said cases, order a new election to fill the va-
cancy, and prescribe the time therefor. And, unless the
council otherwise direct, such new election shall .be con-
ducted and superintended by the same officers who con-
ducted and superintended the previous election, and shall be
under the like regulations. ° .

21. If, during the term for which a person may have been
elected to any office herein mentioned, a vacancy occur in
said office, otherwise than is mentioned in the preceding and
seventh sections, such vacancy may be filled by an appoint-
ment for sowmuch of said term as is unexpired. Such ap-
pointment shall be by the court of hustings, if the vacancy

in the office of clerk, sergeant, high constable, recorder,
senior alderman or any other alderman, and shall, in other
cases, be by the council. The appointment, if the vacancy
be in the office of recorder or senior alderman, shall be from
among the other members of the court; if in the office of
any other alderman, or of a member of the council, from
among the voters in the ward for which such member of the
council was elected, or in which the number of aldermen is
deficient; and if any other officer, from among those who
would be eligible thereto if an election were held under any
preceding section of this act.

22. Neither the members of the council, nor of the court,
nor any of the officers provided for the city under this act,
shall be competent to act until they shall have taken the
oaths or affirmations prescribed by this charter, or the ordi-
nances of the city, before some one competent to administer
an oath; and any person so elected, shall not take such oath,
and file a certificate thereof in the proper office within such
time as the council may prescribe, he shall be considered as
vacating his office. :

23. The council shall elect one of its members to act as
president, who shall preside at.its meetings, and continue in
office one year; and when, from any cause, he shall be absent,
they may appoint a president pro tempore, who shall preside
during the absence of the president. The president shall
sign all ordinances and regulations passed at any meeting,
when he presides, or, if he is not present, such ordinances
and regulations shall be signed by the person acting as pre-
sident, when the proceedings are read to the next meeting of
the council. The president shall have power, at any time, to
call a meeting of the council; ,and, in case of his absence, sick-
ness, disability or refusal, the council may be convened, by
the. order, in writing, of any three members of thé council,
directed to one of the officers of police.

24, Seven members of the council shall constitute a quo-
rum for the transaction of business; and no by-law, ordi-
nance or regulation, shall be binding, unless the same shall
have been passed by the voices of a majority of the mem-
bers of the council who are present.

25. The council shall be authorized to grant such compen-
sation to the mayor, hustings judge and other officers of the
city, ag they may deem proper, the said compensation to be
paid out of the funds of the city.

26. The council shall have authority to adopt such rules
and to appoint such officers and: clerks, as they may deem
proper for the regulation of their proceedings, and for the
convenient transaction of their business. They shall keep a
record of their proceedings, which shall, at all times, be open
to the inspection of any voter of said city, and at the request
of any member present, the ayes and noes on any question
put, shall be taken and entered in the journal.

27. The council shall have authority to pass all by-laws,
rules and ordinances (not repugnant to the ‘constitution and
laws of this state), which shall be necessary for the good
ordering and governmeyt of such persons, as shall, from
time to time, reside or be within the limits of said city, or
shall be concerned in interest therein, for the management of
its property and the due and orderly conducting of its
affairs, or which shall be necessary or proper to carry into
full effect any power, authority, capacity or jurisdiction,
which is or shall be granted to, or vested in, the said city, or
in the council, the court of hustings or any officer of said
city, or which they shall deem necessary for the peace, com-
fort, convenience, good order, good morals, health or safety,
of said city, or of the people or property therein; and to
enforce any or all of their ordinances, by reasonable fines and
penalties, not exceeding, for any one offence, the sums limited
in this act.

28. The council shall annually appoint & commissioner of
the revenue for the city, and such other officers as they may
deem proper, in addition to those hereinbefore provided for,
and define their powers, and prescribe their duties and com-
pensation; and may take from any of the officers so ap-
pointed, bonds with sureties, in such penalties as to the
council may seem fit, payable to the city by its corporate
name, with condition for the faithful performance of said
duties. All officers appointed by the council may be removed
from office at its pleasure.

29. The parties to bonds taken in pursuance of the pre-
ceding section, their heirs, devisees, executors and adminis-
trators, shall be subject to the same ‘proceedings, on the said
bonds, for enforcing the conditions and terms thereof, by
motion or otherwise, before the circuit court of the city of
Lynchburg, or the hustings court of the city, when held by
the judge thereof, or any other courts held in the city, which
may succeed to their civil common law jurisdiction, that col-
lectors of tHe county levy and their securities are, or shall
be, subject to on their bonds, for enforcing payment of the
county levies.

30. The council may change the boundaries of the wards
and increase the number thereof, and may alter the names
of wards and streets, and may apportion the members of the
council and aldermen among the several wards according to
their population.

31. The council may (if it shall be deemed expedient)
cause to be made a survey and plan of the city, showing
each lot, public street and alley, the size and number of the
lots, and the width of the streets and alleys, with such ex-

lanations and remarks as the council may deem proper.

he said plan, upon being approved by two successive coun-
cils, shall be entered upon the books of the clerk of the
council, and shall afterwards be recorded in the office of the
clerk of the court of hustings of the city, and remain in said
office. It shall be evidence of said lots, streets and alleys—
provided that the lots laid down shall ‘be only the lots laid
down on the piin of the town, and not the divisions thereof
since made: provided that the said survey and plan shall not
be approved by either council until they shall have referred
the same to a committee, and the accuracy of said survey and
plan is certified by said committee.

32. The council may establish markets in and for said city,
appoint clerks and proper officers therefor, prescribe the
“ents and dues thereof, and the mode of collecting the same,
and the times and places for holding such markets, and pros
yide suitable buildings therefor; and they may enforce such
-erulations as shall be necessary or proper to preserve order
and cleanliness in such markets, and to prevent huckstering,
forestalling and regrating. | | )

33. The council may erect*or provide, in or near the city,
suitable houses for the reception and maintenance of the
poor and destitute. They shall possess and exercise exclu-
sive authority over all persons, within the limits of the city,
receiving or entitled to the benefits of the poor laws; ap-
point officers and other persons connected with the afore-
said institutions, and regulate pauperism within the limits of
the city; and the council, through the agencies it shall ap-
point for the direction and management of the poor of the
city, shall exercise the powers and perform the duties vested
by law in overseers of the poor.

34. The council may restrain-and punish drunkards, va-
grants, mendicants, street beggars and persons of ill-fame;
and may take measures to prevent the coming into the city
of persons having no ostensible means of support, or of per-
sons who may be dangerous to the peace and safety of the
city. /

35. The council may erect and keep in order all public
‘buildings necessary or proper for said city; may provide, in
or near the city, lands to be appropriated, improved and
kept in order, as places for the interment of the dead, or as
places for city grounds, and may charge for the use of ground
In said places of interment, and may regulate the same; may
prevent the burial of the dead in the city, except in the
public burial grounds; may regulate burials in said grounds;
and may require the keeping and return of bills of mortality
by the keepers or owners of all cemeteries, if the owners
live or their office is located in the city; and may provide
suitable magazines, in or near said city, for the storage of
gunpowder or other combustible and dangerous articles.

36. The council may cause to be erected within said city a
city prison, and said prison may contain such apartments as
shall be necessary for the safe-keeping and employment of all
persons confined therein.

37. The council shall have exclusive authority within said
city; to secure the inhabitants thereof from contagious, in-
fectious or other dangerous diseases; to establish a quaran-
tine ground for the city; to establish, erect and regulate hos-
pitals in or near said city; to provide for and enforce the
removal of patients to said hospitals, and for the appoint-
ment and organization of a board of health for said city, and
invest it with the authority necessary for the prompt and
eflicient performance of its duties.

_ 88. The council may take such measures.as shall be neces-
sary or proper to prevent accidents by fire, within the said
city, or to secure the inhabitants thereof and their property,
as far as practicable, from injury thereby; and especially to
establish, organize, equip and govern fire companies in said
city, and to appoint a fire marshal*and assistants, with any or
pll of the powers which have been or may be vested by law
in such officers; and to purchase fire engines or other appa-
ratus, and to keep the same in good order.
39. The council may establish or enlarge water works and
gas works witbin or without the limits of the said city; may
contract and agree with the owners of any land for the use
or purchase thereof, or may have the same condemned for
the location, extension or enlargement of their said works,
the pipes connected therewith, or any of the fixtures or ap-
purtenances thereof. They shall have power to protect from
injury, by adequate penalties, the said works, pipes, fixtures
and land; or anything connected therewith, within or with-
out the limits of said city, and to prevent the pollution of
the water with which the city is supplied, by prohibiting the
throwing of filth or offensive matter in the river, the canal,
or the feeder to the pump house; and for these purposes
shall have jurisdiction over the territory of which the court
of hustings has jurisdiction.

40. The council may provide for the appointment, organi-
zation, compensation and regulation of a police force for the
city ; may prescribe the duties and define the powers of the
several officers, members and classes thereof in such manner
as will most effectually preserve the good order and peace of
the said city, and secure the inhabitants thereof from per-
sonal violence, and their property from loss or injury; and
to this end the persons composing the police of the city, or
such of them as the council may designate for the purpose,
shall, in criminal cases, have the same powers, duties and
fees, and be subject to the same penaltiés that are prescribed
by law as to constables; and in proceedings for violations of
this act, or of any ordinance or by-law of the city, said offi-
cers shall act to such extent and in such manner as the council
may direct.

41. The council may establish schools and regulate the
system of education therein, and appoint from their own
body, or from among the citizens, trustees of such schools;
may provide and aid’ in the support of public. libraries, to
which the citizens may resort; and may establish an athe-
neum or lyceum for the: diffusion of knowledge by lectures
or otherwise.

42. The council may appoint a city engineer, and pre-
scribe his duties, and establish and regulate his compensation
or fees of office: The office and powers of said engineer
shall be the same as that of a city surveyor, in‘ ‘addition to
those duties the council may attach to said: office. And all
surveys or other acts which shall be made or done by said
engineer shall be as valid and effectual as if the same were
done by the surveyor of a county. |

43. The council may open or extend, widen or narrow, lay
out and graduate, pave and otherwise improve, streets and
public alleys in the city, and have them properly lighted and
kept in order; and they shall have, over any street or alley
in the city, which has been or may be ceded to the city, like
authority as over other streets and alleys; they may build
bridges in and culverts under said streets, and may prevent
or remove any structure deemed dangerous, obstruction or
encroachment, over or under or in a street or alley, or any
sidewalk thereof, and may have shade trees planted along
the said streets; and no company shall occupy with its works,
engines or machines, the streets of the city, without the con-
sent of the council.

44, The council may establish, construct and keep in order,
and may alter or remove landings, ‘wharves and docks, on
land belonging to the city, and may lay and collect.a reason-
able duty on boats coming to and using the same, and may
regulate the manner of using other wharves and landings
within the corporate limits.

45. The council shall not take or use any private property,
for streets or other ‘public purpose, without making to the
owner or owners thereof, just compensation for the same.
But in all cases where the said city cannot, by agreement,
obtain title to the ground necessary for such purposes, it
shall be lawful for the said city to apply to, and obtain from
the court of the county of Campbell, or the circuit court
thereof, if the subject proposed to be condemned lies in said
county, or to the court of hustings held by the judge thereof,
or the circuit court of the city, if the subject lies within the
city, for authority to condemn the same; which shall be ap-
plied for and proceeded with as provided by law.

46. The council may, on the petition of the owner or
owners of not less than one-fourth of the ground included in
any square of the city, prohibit the erection in such square
of any building, or addition to any building, unless the outer
walls thereof be made of brick and mortar, or stome and
mortar, and to provide for the removal of any such building,
or addition which shall be erected contrary to such prohibi-
tion, at the expense of.the builder or owner thereof, and
may provide for the regular and safe building of houses ‘in
the city; and if any building shall have been commenced be-
fore said petition can be acted on by the council, or if a
building in progress appears clearly to be unsafe, the council
may have such buildings taken down.

47. The council may require and compel the abatement
and removal of all nuisances within said city, at the expense
of the person or persons causing the same, or the owner or
owners of the ground whereon the same shall be. They
may prevent or regulate slaughter hotses and soap and
candle factories, within said city, or the exercise of any dan-
gerous, offensive -or unhealthy business, trade or employment
therein; and may regulate the transportation of coal and
other articles through the streets of the cit

48. If any ground in the said city shall be subject to be
covered by stagnant water, or if the owner or owners, occu-
pier or occupiers, thereof ‘shall permit any offensive or un-
wholesome substance to remain or accumulate thereon, the
council may cause such ground to be filled up, raised or
drained, or may cause such substances to be covered, or to
be removed therefrom, and may collect the expense of so
doing from the said owner or owners, occupier or occupiers.
or any of them, by distress and sale, in the same manner in
which taxes levied upon real estate, for the benefit of said
city, are authorized to be collected: provided, that reasonable
notice shall be first given to the said owners or their agents.
In case of non-resident owners, who have no agent in said
city, such notice may be given ‘by a publication, for not less
than four weeks, in any newspaper printed in said city.

49. The council may prevent hogs, dogs and other ani-
mals, from running at large in the city, and may subject the
same to such confiscations, regulations and taxes as they may
deem proper; and the council may prohibit the raising or
keeping of hogs, or other animals, in the city.

50. The council shall have power to prevent the practice
of flying kites and of firing guns, crackers or any combina-
tion of gunpowder, or other combustible and dangerous ma-
terials, in the city, or the engaging in any employment or
sport m the streets thereof, dangerous or annoying to passen-
gers; to prevent the riding or driving of horses, or other
animals, or the running of steam engines at .an improper
speed within the limits “of said city, and wholly to exclude
the said engines if they please: provided no contract be
thereby violated.

51. The council may require spirituous liquors, wine, oil,
molasses, vinegar and spirits of turpentine, in casks, to be
guaged and inspected, and may make provisions for the
weighing of hay, fodder, oats, shucks or other long forage;
they may also provide for weighing or measuring corn, oats,
grain, coal, stone, wood, lumber, boards, potatoes and other
articles for sale or barter.

52. The council may adopt measures to suppress riots,
gaming and tippling houses, and upon persons who unlaw-
fully sell by retail wine, ardent spirits or a mixture thereof,
may impose fines, in addition to those prescribed by the laws
of the state. They may also adopt measures to prevent
lewd, indecent or disorderly conduct in the city, and to expel
therefrom persons guilty of such conduct, who shall not have
resided therein as much as one year.

03. ‘The council may provide workhousés, houses of refuge
or houses of correction, prescribe for what conduct, for what
time and in what manner, persons may be confined or em-
ployed at or in said houses, and may enforce such confine-
ment, and may prescribe discipline for said houses and
persons. '

o4. The council may grant aid to military companies and
regiments organized within the city; to societies or associa-
tions for the advancement of agriculture.and the mechanic
arts; toscientific, literary and benevolent societies: provided
such societies or associations are located in or near the city,
or in the case of agricultural societies, shall hold their fairs
in or near the city.

55. The council may grant or refuse licenses to auction-
eers, and require taxes to be paid on their licenses in addition
to any tax paid by them to the state; and may regulate sales
at auction within the city, and require a per centum to be
paid on such sales, (except sales in the city under the judg-
ment or decree of a court or magistrate of this state), and
may require bond with security for the payment of such per
centum.

56. The council may grant or refuse licenses for theatrical
performances in a public theatre, or for any public show, ex-
hibition or performance elsewhere, and may require taxes to
be paid on such licenses, and make regulations as to any such
show, exhibition or performance.

57. The council may grant or refuse licenses to owners or
keepers of wagons, drays, carts, hacks and other wheeled
carriages kept or employed in the city for hire; and may
require the owners or keepers of wagons, drays and carts,
using them in the city, to take out a license therefor; and
may require taxes to be paid thereon, and subject the same
to such regulations as they may deem proper.

58. The council may grant or refuse licenses to hawkers
and peddlers, in the city, or persons to sell goods by sample
therein, under such regulations as they may deem proper,
and may require taxes to be paid.on such licenses.

59. The council may provide that no agent or sub-agent
of any insurance company or office, whose principal office is
located out of this city, shall establish or keep any office, or
transact the business of his agency within this city, without
obtaining a license therefor; and may require payment of a
tax on such license, and a per centum on the premiums re-
ceived by such agent or sub-agent, and bond with security
for the payment of such per centum.

60. The council may grant or refuse a license for keeping
billiard tables, ten-pin alleys and pistol galleries, and may
impose a tax on said license, or the council may prohibit or
regulate the keeping thereof in the city, under such penal-
ties as the council is authorized to impose.

61. On the petition of one-fourth of the freeholders of the
city, the council may, by resolution, direct a poll to take the
sense of the freeholders of the city on the question, whether
the council, on behalf of the city, shall subscribe to the stock
of a campany incofporated for a work of internal improve-
ment in this state, (which or any part of which is to be con-
structed in or near the city), an amount not exceeding a cer-
tain maximum to be stated in the resolution. The resolution
shall designate a certain time for the poll, not less than one
month from its date, and shall be published for one month in
at least two newspapers of the city. At the time desig-
nated, commissioners appointed ‘by the council shall, after
taking an oath fairly to take and return the poll, proceed in
the city, in like manner as commissioners acting under the
provisions of the Code of Virginia, proceed in a county, ex-
cept that the polls, instead of being freeholders of the county,
and at the courthouse of the county and at other places, shall
be of freeholders of the city, and at the places at which elec-
tions are held in the wards; and instead of being returned
to the clerk of the county court, shall be returned to the
clerk of the council.- If, by the poll books, it appear that a
majority of the freeholders of the city voting upon the ques-
tion, are in favor of the subscription, the council may sub-
scribe on behalf of the city for stock in said company to an
amount not exceeding the maximum mentioned in said reso-
lution.

62. The council may subject any person or persons who,
without having obtained license therefor from the council,
shall do any act, or follow any employment or business in
said city, for which the council are or shall be authorized to
grant licenses, to any fine or punishment which they are
authorized to impose or inflict for the enforcement of their
ordinances.

63. For the execution of its powers and duties, the council
may tax real estate in the city; all personal property therein;
all persons over sixteen years of age; all corporations located
in the city, or having their principal office therein, not ex-
empt by law from taxation; all moneys owned by, or credits
due to, any person living in the city; all capital of persons
having a place of business in the city, and doing business
therein, and employed in said business, though the said bu-
siness may extend beyond the city: provided, that so much
of said capital as is vested in real estate, or is employed in
the manufacture of articles outside of the city limits, shall
not be taxed as capital; all stocks in incorporated joint stock
companies, owned by persons living in the city, not exempt
by law from taxation; incomes, interest on money, dividends
of lands or other corporations owned by persons living in
the city: provided that, no capital, interest, income or divi-
dends shall be taxed when a license or other tax is imposed
upon the business in which the capital 1s employed, or upon
the principal money, credits or stocks from which the inte-
rest, income or dividend is derived; nor shall a tax be im-
posed at the same time upon stock of a corporation and upon
the dividends thereon.

64. The council may impose a tax on the keepers of ordi-
naries. houses of entertainment, boarding houses (public or
private), public eating houses, coffee houses, lager beer or

other drinking saloons, or cook shops; agents to rent out
houses; agents to sell cattle, sheep or hogs: dealers in horses
and mules: keepers of livery stables; -br okers, lawyers, phy-
sicians and dentists; persons who keep a daguerrean, photo-
graph or ambrotype gallery; and all who take pictures by
light, or who sell or barter any patent or specific or quack
medicine; all sellers of: wine or spiritous or fermented
liquors; all manufacturers, merchants, traders and shop
keepers; and any other person or employment upon whom
or upon which the state may, at the time, have imposed a
license tax; and as to all persons or employments embraced
in this section, the council may lay the tax directiy, or may
require them to take out a license, under such regulations as
may be prescribed by ordinance, and impose a tax thereon;
but the taxes herein authorized shall be subject to the pro-
visions stated in the next preceding section.

65. The. council may vest in the collector of the city taxes,
and of assessments for the use of water, any or all of the
powers which are now, or may be hereafter, vested in a
sheriff as collector of the state taxes; may prescribe the
mode of his proceeding, and the mode of proceeding against
him, for the failure to perform his duties; and may authorize
him to appoint assistants, under such regulations as they may
prescribe. No deed of trust, or mortgage upon goods or
chattels, shall prevent the same from being distrained and
sold for taxes assessed against the grantor'in such deed,
while such goods and chattels remain in the grantor’s posses-
sion, nor shall any such deed prevent the goods and chattels
conveyed, from being distrained and sold for taxes assessed
thereon, no matter in whose possession they may be found.

66. A tenant, from whom payment shall be obtained by
distress or otherwise, of taxes due from a person under whom
he holds, shall have credit for the same against such person
out of the rents he may owe him; except when the tenant is
bound to pay such tax by an express contract with such
person.

67. When a tax is paid by a fiduciary on the interest or
profits of moneys of an estate laid out or invested, either
under an order of court or otherwise, the tax shall be re-
funded to him out of such estate. ,

68. There shall be a lien on real estate for the city taxes,
assessed thereon from the commencement of the year for
which they are assessed. The council may require real estate
in the city, delinquent for the non-payment of taxes, to ‘be
sold for said taxes, with interest thereon, and such per centum
as they may prescribe for charges; and they: may regulate
the terms on which real estate so delinquent may b
redeemed. .

69. The council may, in the name and ‘for the use of the
city, contract loans, or cause to be issued, certificates of debt
or bonds; but such loans, certificates or bonds, shall. not be
irredeemable for a period greater than thirty-four years.

70. There shall be set apart annually, from the accruing
revenues of the city, a sum equal to seven per centum, of the
city debt, existing at the commencement of this act. The
fund thus set apart shall be called the sinking fund, and shall
be applied to the payment of the interest of the city debt,
and the principal of such part as may be redeemable. If no
part bd redeemable, then the residue of the sinking fund,
after the payment of such interest, 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 of the states of this Union,
and applied to ‘the payment of the city debt, as it shall
become redeemable. |

71. Whenever, after the commencement of this act, there
shall be contracted by the city any debt not payable within
the next twelve months, there shall be set apart, in like man-
ner, annually, for thirty-four years, or until the debt is paid,
a,sum exceeding by one per centum the aggregate amount of
the annual interest agreed to be paid thereon at the time of
its contraction ;«which sum shall be part of the sinking fund,
and shall be applied in the manner before directed. |

72. The council shall not appropriate any part of the sink-
ing fund, or its accruing interest, otherwise than is mentioned
in the two preceding sections, except in time of war, insur-
rection or invasion.

73. For the purpose of ascertaining the value of yeal
estate within the city proper, and the corporation for half a
mile round about and beyond the limits of the city, the
council shall have authority to appoint, from time to time, as
they may deem necessary, one or more persons, who shall be
freeholders within the boundaries to be assessed, to ascertain
and assess the value of all real estate within said boundaries,
or either of them, under such regulations as said council may
prescribe. And whereas, doubt has arisen as to the proper |
construction to be placed upon the first and second clauses of
the thirty-sixth section of the act of which this is amenda
tory; also upon section ninth of the act to incorporate the
Lynchburg and Tennessee railroad company, it is hereby
expressly declared that the taxing power of said council,
within the boundaries aforesaid, shall extend to any and all
subjects, both real and personal, which are now, or may here-
after, be taxed by the legislature of Virginia.

74. Tc-shall be the duty of the clerk of the court of hust-
ings for the city of Lynchburg jauaually; between the first.
and tenth days of Februar y, to “furnish the commissioner and |
assessor of the revenue for said city, a certified list of all’
transfers of real estate which shall have been made in his
office during the preceding twelve months. ‘

* 75. The council shall haye authority to compel persons,
sentenced to confinement in the jail of this city, for petty |
larceny, misdemeanors or violations of the city “ordinances,
to work on the public streets of the city, or to be sent to,
the poor house, and there required to perform such labor as’
‘the overseers of the poor may direct. .

76. The council shall have«power, two- ‘its ds of their
members concurring, to remove from office for nonfeasance,
malfeasance or gross neglect of official duty, any officer of
the city elected by the council. Afd the hustings court,
composed of the recorder and alderman, shall dave power,
two-thirds of its members concurring, to remove from office,
for the like causes, any officer of said court or of the city
elected by said court.

77. No person shali be eligible to any oftice of the city
unless he be a resident of the city, except that the judge of
the hustings court, commonwealth’s attorney, sergeant and
clerk of the hustings court may‘reside any where within the

jurisdiction ‘of said court. And the removal beyond such
Jimits by any officer shall vacate his office.

78. All moneys received or collected for the use of the
city, shall be paid over, held and disbursed, as the council
may order or prescribe. .

79. The high constable of the city shall, in civil cases, have
the same powers, duties and fees, and be subject to the same
penalties as are prescribed by law as to ather constables.
"The said high constable may, with the consent of the court
of hastings, appoint any person as histleputy, of whom the
court shall enter of record that he is a man of honesty and
good demeanor. Any such deputy may be removed from
office by his principal or by the court. During his continu-
ange in office, he may discharge any of the official duties of
his principal. - .

80. The court of hustings for the city of Lynchburg shall
be held by the recorder and aldermen of the said city, or
any three or mote of them, except where otherwise pro-
vided, and also by a judge, to be called the “judge of the
court of hustings.” A term of said court, not exceeding six
days, shall be held by the recorder gnd aldermen in every
month, at such times and places as the said court shall pre-
scribe; at which shall. be exercised all the jurisdiction, pow-
ers and duties of the court of hustings, except such as are
expressly vested and delegated to the said court when held
by the judge aforesaid.

81. A term of the said court, not exceeding twenty days,
shall also be held by the said judge. in every month, at such
time and place'as the said court shall prescribe; at which
term the said court shall exercise exclusively the jurisdiction
now vested in it over all attachments, appeals in civil cases,
civil actions, motions and suits at law and in chancery, all
matters concerning the probate of wills, the appointment,
qualification and removal of fiduciaries, and the settlement of
their accounts, and other civil proceedings, except those re-
igting to apprentices, bastards and matters of police. And
the court so held, or the judge thereof, may appoint commis-
sioners in chancery, commissioners to take depositions, re-
ceivers, and any other officers or agents, for the conducting
of its business, which a circuit court or judge may appoint
in similar cases, and whose appointment is not otherwise pro-
vided for by this act or ordinances of the city.

82. The said court, at the terms held by the judge thereof,
shall have original jurisdiction as to all felonies and misde-
meanors committed within the territorial limits of its juris-
diction; and it shall ‘have appellate jurisdiction in cases in
which the onstitutionality or validity of an ordinance of the
city is involved, and cognizance of all appeals that may be
allowed from the orders or judgments of a justice of said
city, in all cases in which said court, as heretofore constituted.
had jurisdiction; and it shall have cognizance of all pleas o!
the commonwealth at its monthly as well as its quarterly
terms; and the writs of venire facias for such juries as may
be required at any of. the terms of said courts for the trial o
persons charged with either felony or misdemeanor, shall be
issued at least three days before any term at which thet
attendance may be required. a |

83. The civil business of said court, when held by th
said judge, sh&ll be distributed between monthly and quax
terly terms as now prescribed by law,’and the judge sha!
designate which of his terms shall bé quarterly. There sha
not hereafter be any quarterly terms of said court when hel.
by said justices. |

84, A grand jury shall be summoned, as prescribed by lav
to attend in each year six of the terms of said court when
held by said judge. The judge shall charge said jury, and
he shall designate to which of the terms of his court said
jury shall be summoned. All provisions of law concerning
grand and petit juries, the taxation of costs and officers’ fees,
applicable to circuit courts, shall apply to the said court when
held by the judge thereof.

85. All criminals examined by the said court, when ‘held
by the recorder and aldermen, if remanded for trial, shall be
sent to the said court at its terms held by the judge, and all
depositions and recognizances shall be thereunto returned.

86. The said court, held by the judge, and the said judge,
respectively, shall have the same power as a circuit court, or
acircuit judge, in suits for partitions, or for sale of lands of
persons under disability, and to‘award and try writs of ip-
junction, habeas corpus, cirtiorari, mandamus and prohibition,
and shall exercise the same jurisdiction and powers as a cir-
cuit court or circuit judge, in such cases and as to all sub-
jects incident to the matters or cases of which the court. or
the judge hgs jurisdiction; and. orders awar ding injunctions
may be directed to the clerk of the court, and injunction bonds
taken by him, in all such cases over which the said court
has jurisdiction. - Appeals, writs of error and writs of super-

gas, from and to judgments, decrees and orders of the

Myrt, held by the judge, shall be taken and allowed as
Rvere from or to those of a circuit court, or a circuit
ge But if they be from or to the judgments, decrees
‘gud orders of the said court, when held by the recorder and
aldermen, they shall be taken to the circuit court of the city
aforesaid, as heretofore.

87. The commonwealth’s attorney for the circuit court of
the city of Lynchburg shall prosecute, in all cases of felony,
in the said court of hustings held by the judge thereof.
Daring the absence of the said judge, and his inability, from
any cause, to hold terms of his court, the same may be held
by any circuit judge, whose compensation shall be fixed and
paid by the council; and the said court, when@held by the
judge, and the said judge, in vacation, may remove causes to
any circuit court for the same causes, and in the same man-
ner as are prescribed by law for the removal of causes from
one circuit court to another.

88. The gommonwealth’s attorney for the circuit court of
the city shall perform the duties connected with any matter
or proceeding in the said hustings court, held by the judge
thereof, which are required of the attorney of the common-
wealth in circuit courts, and shall receive the same fees or
compensation therefor, as is done in a circuit court. The
records and proceedings of the said ceurt, held by the judge
thereof, shall be kept as the records and pr ceedings of a cir-
cuit court are required to be kept; and the duties, liabilities,
compensation of and modes of proceeding against the clerk
and other officers and agents of said court, held by the judge
thereof, and the attorney’s fees taxed, shall be the same as in
like cases in the cireuit court.

t
89. The said judge, during the term of his office, shall not
hold any other office, appointment, or public trust, and the
acceptance thereof shall vacate the office of judge.

90. The council shall elect the judge of the hustings court
at such time as they may deem proper, and designate when
theeterm of his said office shall begin. His salary shall be
fixed and paid by the council, and “shall not be diminished
during his term of office.

91. No one shall be elected judge of the said court of
hustings for the city, who has not resided within the juris-
diction of said court for at least twelve months immediately
preceding his election, or who has not practiced law within
this commonwealth for at: least five yeare, Sr who has not
attained the age of thirty years.

.92. The council may impose penalties for the violation ‘of
this act, or any of the ordimances of the city, not exceeding
three hundred dollars for one offence. If the penalty be
above one hundred dollars, it shall be prosecuted in the court
of hustings of the city, at the terms. held by the recorder and
aldermen; but any claim to a fine or penalty under this act,
or under’ any ordinance of the city, if it be limited -to an
amount not exceeding one hundred dollars, and any other
claim against the city, or a person therein, if it does not ex-
ceed one hundred dollars (exclusive of inter est), shall beg
nizable in the mayor’s court; and his judgment shall | |
in all civil cases, where the matter in ‘controv ersy (cam
of costs) is not more than twenty dollars... —

93. The mayor, ‘or, when he is absent from the city, or so
sick as to be unable to attend to his duties,-or his office is
vacant, the recorder, or, if he be absent from the city, or so
sick as to be unable to attend to his duties, or his office is
vacant, the senior alderman, or some other alderman, shall
hold a court, which shall be called the mayor’s court, every
day, except Sunday, in such place as the council may desig-
nate, and take cognizance of such cases. as may be brought
before him under the laws of the state, and all cases arising
under the o@linances or by-laws of the city, and where the
jurisdiction is not taken away by the next preceding section
of this act. And the person who is authorized for the time
being, ky this section, to hold said court, shall have authority
to discharge from custody aperson who has been committed
to the jail for felony. .

34. The mayor shall keep an oflice.tn some convenient
part of the city. In addition to his powers as.a justice 0!
the peace, his jurisdiction shall extend to all breaches of the
peace committed within the jurisdictional limits of the hust
ings court, and to all infractions of the city otdinances, shal
be final, except in cases in which the constitutionality or va
lidity of such ordinance is involved.

95. ‘The mayor shall be the head of police of the city, anc
shall have a general superintendence and control of sai¢
police pursuant to the ordinances of the city.

96. The city of Lynchburg and its inhabitants shall be ex
empt from all assessments or levies in the way of taxes im

posed by the county court of Campbell for any purpose
whatever, except upon property in the county of Campbell
owned by said inhabitants, nor shall its inhabitants be lable
to serve upon juries in said county.

97. This act shall be submitted to the qualified voters of
said city for adoption or rejection on the twenty-fourth of
January, eighteen hundred and sixty-seven, and shall be in
force and take effect from the said election, if adopted by a
majority of the votes cast at such election. It shall be the
duty of the council of said city to make suitable provision
and arrangement for submitting this act to the qualified
voters of the said city, and to give public notice of the time
and. places when such eleetion will be held, and to ascertain
and declare the result thereof.

98. All persons who shall, on the adoption of this revised
charter, be in office under the éxisting charter, shall continue
in office until their successors, elected or appointed under
this act, shall be qualified. And all ordinances of the town
then in ‘force, so far as consistent herewith, and all liabilities,
rights, prosecutions, actions, claims and contracts shall re-
main and continue as if this act: had not passed.

99. The ninety-sixth section of this act shall be in force
from its passage.