Chap. 189.—An ACT to provide a charter for the town of Warrenton, Virginia.
Approved April 30, 1903.

1. Be it enacted by the general assembly of Virginia, That the terri-
tory in Fauquier county contained within the following boundaries, ac-
cording to a transit survey made upon the true meridian, to-wit:

Beginning at a large stone planted in Gaines’ field, eighty-five
and eighty hundredths feet from a large poplar tree corner of
the previous corporate limits; thence south thirty degrees and thirty
four minutes west, seven hundred and three and thirty-two hundredths
feet to a stone set ten feet north of the west end of Gaines’ stable; thence
south thirteen degrees and fifty minutes west, three thousand six hundred
and fifty-eight and seventy hundredths feet to a stone set at the north-
west corner of Miss Lomax’s garden; thence south fifty degrees and
twenty-two minutes east, four hundred and fifty-nine and ten hundredths
feet to a slab on the south side of Culpeper street; thence crossing James
K. Madux’s south seventy degrees and forty minutes east, one thousand
five hundred and thirty-one and seventy hundredths feet to a stone set
near the corner of Judge C. M. White’s and the Warrenton horse show
grounds in Doctor J. R. Hick’s line; thence north eighty-two degrees and
thirteen minutes east, two thousand seven hundred and sixty-eight and
sixty hundredths feet to a stone set in Joseph A. Jeffries’ line near Mis-
tress Hodgkin’s corner; thence crossing Doctor J. O. Hodgkin’s and T.
N. Fletcher’s lots, north three degrees ‘and thirty-four minutes east, one
thousand six hundred and fifty-one and sixty hundredths feet to a point
near a large poplar tree in F. A. B. Portman’s field; thence north twenty-
seven degrees and twenty-three minutes west, two thousand five hundred
and fifteen and seventy hundredths feet to a stone set at the intersection
of a plank and wire fence in Horner's line, near Henry Yancey’s house;
thence north seventy-two degrees and forty -three minutes west, two
thousand three hundred and “sixty- -one and ninety hundredths feet to
the a shall constitute the town of Warrenton.

The municipal officers of said town shall be a mayor, recorder (or
lark of the council), a treasurer, a commissioner of the revenue, a town
sergeant, and seven councilmen, all of whom shall be residents and quali-
fied voters of said town, except the town sergeant, in the discretion of
the council, may not be. The council of the said town shall have power
to elect or appoint anv other officers they may deem necessary and to de
fine their powers. ‘The same person may, in the discretion of the coun-
cil, be elected or appointed to and hold, at the same time, more than one
of the offices to be filled by election or appointment by the said council.

3. The mayor, recorder, and councilmen of the town of Warrenton, as
now constituted, and as they shall be elected and qualified as hereinafter
provided, shall be a body politic and corporate, by the name of the town
of Warrenton, and shall have perpetual succession and a common seal.
and by the name of the town of Warrenton may sue and be sued, implead
and be impleaded, contract and be contracted with, purchase and hold
real estate, and sell and convey the same needful for the public good, and
may exercise, retain, and enjov all the rights, immunities, powers, ex-
emptions, and privileges, and be subject to all the duties, obligations,
and habilitics now vested in, Incumbent upon, or pertaining to said town
as a municipal corporation.

4. In all elections for mayor, recorder, and councilmen of said town.
all persons who may be, by the laws of this State, entitled to vote for mem-
hers of the general asse mbly, and who shall have resided in this State
two years, In the county of Fauquier one year, and in the said town for
ninety days next preceding the day of election then to be held, shall be
entitled to vote; but before being entitled so to vote, they shall register
before the regis trar of the said town.

5. The mayor, recorder, and councilmen shall be elected by the quali-
Hee voters of s said town.

‘The mayor, recorder, and councilmen in office in said town at the
tine of the passage of this act shall be continued in office until the ex-
piration of the terms for which they were elected, until their successors
are duly elected or appointed and qualified according to law.

. The first election under this act shall be held on the second Tues-
day in June, nineteen hundred and three, at such place in said town as

shall be designated by the council of the town; and biennially thereafter
there shall be held an election of a mayor, recorder, and seven council-
men of the said town on the second Tuesday in June, at such place and
under such rules and regulations and subject to such provisions as the
council may prescribe. Notice of the time and place of the holding of
election under this act shall be published at least ten days before the
holding of such election by the posting by the town sergeant of printed
handbills in at least five public places in said town. The mayor, re
corder, and councilmen under this act shall qualify on or before the first
day of September next succeding their election.

8. The term of office of the mayor, recorder, and councilmen to be
elected, as provided for in the preceding section of this act, shall be for
two years from the first day of September next succeding their election,
and until their successors have been duly elected and qualified.

9. All vacancies occurring from any cause in the offices of the mayor,
recorder, and councilmen shall be filled for the unexpired term by the
council.

10. It shall be the duty of the mayor, as soon as may be after an elec-
tion, to call a meeting of the council to examine the returns, and the
council shall forthwith notify the persons elected of their election.

11. In case it is impossible to determine the candidate who has received
the highest number of votes by reason of a tie, the council shall, by lot,
determine the matter, and not more than two persons selected by each can-
didate affected by said lot shall be present.

12. The manner of conducting elections under this act shall, so far
as the same is not in conflict herewith, be the same as prescribed by the
general election laws of the State.

13. The mayor, recorder, and seven councilmen shall, after being noti-
fied of their election to their respective offices, each take and subscribe an
oath before any person authorized by law to administer an oath that they
will truly, faithfully, and impartially discharge the duties of their said
office so long as they shall continue therein, and said oaths of office so
subscribed shall be returned to the recorder and by him inscribed in his
minute book. And if anv of the officers named in this section shall fail
to qualify on or before the first day of September next succeeding his
election, his office shall be deemed vacant; and whenever as many as five
members of the council (of whom the mayor shall be counted one) shall
have qualified by taking the oath of office as aforesaid, they shall enter
upon the duties of their said offices, and shall supersede the former
council of said town.

14. The salaries of the mayor and recorder of the town, as now con-
stituted or hereafter elected, if any be allowed by the town council, shall
be fixed by the council, payable at stated periods; and no regulation di-
minishing such compensation, after it has once been fixed, shall be made
to take effect until after the expiration of the terms for which the mayor
and recorder then in office shall have been elected. The salaries of the
mayor and recorder, when fixed, shall so continue until changed by the
town council.

15. After the first dav of September, nineteen hundred and three, the
town council may prescribe what compensation, if any, shall be paid to
members of the council.

16. The mayor shall preside over the deliberations of the council, and
be entitled to one vote in case of a tie. He shall have jurisdiction to
trv all violations of the town ordinances, and inflict such punishment and
impose such fines as may be prescribed for a violation of the same. The
mayor shall be entitled to the like fees of a justice of the peace in civil
and criminal cases. He shall, by virtue of his office, possess all the juris-
diction and exercise all the power and authority in civil and criminal
cases arising in said town, or within one mile of the corporate limits
thereof, of a justice of the peace of Fauquier county in addition to the
powers given him by this act. He shall have the power to appoint and
swear in special policemen for any occasion when, in his judgment, it is
expedient for the peace and good government of the territory under the
criminal jurisdiction of said town, and at such compensation as may be
fixed by the council.

17. It shall be the duty of the mayor to communicate to the council an-
nually, or as often as he shall deem it expedient, or be required so to do
by said council, a general statement of the situation and condition of the
town in relation to its government, finances, and improvements, with such
recommendations as he may deem proper.

18. The mayor shall exercise a constant supervision over the conduct
of all subordinate officers; have power and authority to investigate their
acts ; have access to all books and documents in their offices, and may ex-
amine such officers and their subordinates on oath. He shall also have
power to suspend all officers elected or appointed by the council until the
next regular meeting of the council, but such suspension shall, in all
cases, be for misconduct in office or neglect of duty, to be specified in the
order of suspension. In case of the suspension of any such officer, the
mayor shall appoint some other person in his place to hold said office and
perform the duties thereof until the next regular meeting of the council;
and at such meeting the mayor shall report his suspension of the officer
suspended, together with his reasons for suspension.

19. In case of the absence or inability of the mayor, the recorder of the
town shall possess the same power and discharge the municipal duties of
the mayor during such absence or inability: provided, that he shall have
but one vote upon any matter before the council for determination.

20. In case a vacancy shall occur in the office of mayor or recorder,
the council shall elect a qualified person to fill such vacancy for the unex-
pired term.

21. In case of any vacancy happening in the council by death, resigna-
tion, removal, or otherwise, the council shall elect a qualified person to
fill the vacancy for the unexpired term.

22. The mayor, or in his absence or inability, the recorder, shall have
power to call a meeting of the council whenever he deems it necessary, and
in case of the absence of both the mayor and recorder, or their absence.
inability or refusal, the council may be convened by the order of any four
members thereof. :

23. The council shall fix the time for their stated regular meetings,
and no business shall be transacted at a special meeting but that for
which it shall be called.

94, The council shall have authority to compel the attendance of absent
members; to punish its members for disorderly conduct, and by a vote
of a majority of the whole council to expel a member for malfeasance
in office or for voluntarily absenting himself from the meetings of the
council. The recorder shall record the proceedings of the council at
large on a record book, and keep the same properly indexed. The meet-
ings of the council shall be open, except when in the discretion of said
council the public welfare shall require secrecy.

25. Five members of the council (of whom, for the purpose of con-
stituting a quorum, the mayor may be counted as one) shall constitute
a quorum for the transaction of business ; but no ordinance shall be passed,
nor resolution adopted, having for its object the appropriation of money,
except by the concurrence of a majority of those present. Upon the de-
mand of any member of the council, upon the passage of any ordinance
or resolution, the “yeas” and “nays” shall be taken and entered on the
record. No vote or question decided at a stated or regular meeting shall
be considered or rescinded at a special meeting unless there be at least
81x councilmen present, and five of them shall concur.

26. The town council, as now constituted, or hereafter elected, shall
have, subject to the provisions of this act, the control and management
of the fiscal and municipal affairs of the town, and of property, real and
personal, belonging to said town, and make such ordinances, orders and
by-laws, relating to the same, as they shall deem proper and necessary ;
they shall likewise have power to make such ordinances, orders, by-laws,
and regulations as they shall deem necessary and proper to carry out the
powers which are hereby vested in them.

First. To establish, enlarge, and operate a system of sewerage, water
works, gas works, and electric light works within or without the limits of
the town; to contract or agree with the owners of any land for the use
and purchase thereof, or to have the same condemned according to law,
within or without the town, for the location, extension, or enlargement
of their said works, the pipes or wire connected therewith, or any other
appurtenances or fixtures thereof, and shall have power to protect from in-
jury, by ordinance prescribing adequate penalties, the works, pipes, fix-
tures, and land, or anything connected therewith, whether within or with-
out the limits of said town.

Second. To close or extend, widen or narrow, straighten, lay out, gradu-
ate, curb, and pave, and otherwise improve the streets, sidewalks, and pub-
lic alleys in the town, and have them kept in good order and properly
lighted, and to require the payment by the property owners benefited by
such works or improvements of such portion of the cost thereof as the
council may deem right and proper, and to make such sum a lien upon
their real estate, and collectible in the same manner, as is herein provided
for the collection of taxes generally. And over any street or alley in the
town which has been, or may be, ceded to the town, conveyed to the town
by proper deed, they shall have like power and authority as over other
streets and alleys; they may build bridges in and culverts under said
streets, and may prevent or remove any structure, obstruction, or en-
croachment over or under, or in any street, sidewalk, or alley in said town;
and may permit shade trees to be planted along said streets; but no com-
pany, firm, or individual shall occupy, with its or his works or appur-
tenances thereof, the streets, sidewalks, or alleys of the town without th
consent of the council duly entered of record; and whenever, in the con
struction of any sewer or conduit, or other public improvement, it 1s neces
sary that the same should pass through or under private property, thi
said eouncil shall have authority to contract and agree with the owner.
thereof for the use and purchase of the right of way or other casement in
through, or under the same, or have the same condemned according t
law. The said council shall have power to authorize the laving down o
railway tracks, and the running of cars thereon in the town, bv electricit:
or other motive power, under such regulations as the council may pre
scribe.

Third. To prevent the cumbering of streets, sidewalks, alleys, lanes
or bridges in the town in any manner whatever, and to have full and com
plete control of the same.

Fourth. To determine and designate the route and grade of anv rail.
road to be laid in said town, and to restrain and regulate the speed o:
bicycles, traction engines, locomotives, engines, cars, and other vehicle:
within said town, and may wholly exclude such engines and cars if they
please: provided, that no contract be thereby violated.

Fifth. To secure the inhabitants of said town from contagious, infec.
tious, or other dangerous diseases ; to establish, erect, and regulate hospi-
tals, and to prescribe quarantine regulations; to provide for and enforce
the yemoval of patients to said hospitals; to appoint and organize a board
of health for said town, prescribe its duties, invest said board with police
authority, and with full power for the prompt and efficient performance
of its duties.

Sixth. To require and compel the abatement and removal of all miui-
sances within said town at the expense of the person or persons causing
the same, or the owner or owners of the ground whereon the same may be:
to require and compel the owners of houses in the town, or if the owners
be unknown or absent, the occupants of such houses, to connect their
water closets and water drains with the sewer of the town; or otherwise
comply with such regulations as to sewerage and nuisances as the coun-
cil may prescribe; and upon their failure so to do, the same may be done
by the town, by entering upon the premises, if necessary, and the cost of
attending the same shall be collected from the owners or occupants of
such houses, as taxes are herein in this charter allowed to be collected by
the town.

Seventh. If any ground in said town shall be subject to be covered with
stagnant water, or if the owners or occupiers thereof shall permit anv of-
fonsive or unwholesome substance to remain or accumulate therei ‘in or
thereon, the council may cause such grounds to be filled up, raised. or
drained, or may cause such substance to be covered, or to be removed there-
from, ond may collect the expenses of so doing from the said owners or
owner, 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
town are authorized to be collected: provided, that reasonable notice shal]
first be given to said owners or their agents. In case of non-resident
owncrs, who have no agents in said town, such notice may be given bv
publication for not less than four weeks in any newspaper printed in said
town.

Eighth. To direct the location of all buildings for storing gunpowder,
fire-crackers, or other fireworks manufactured or prepared therefrom,
kerosene oil, nitro-glycerine, camphene, burning fluid, or other combus-
tible material ; to regulate the exhibition of fireworks, the discharge of fire-
arms, the use of candles and lights in barns, stables, or other buildings,
and to regulate or restrain the making of bonfires in streets and yards.

Ninth. To prevent horses, cattle, hogs, dogs, and all other animals from
running at large in said town, and may subject the same to such confisca-
tion, regulations, and taxes as they may deem proper; and the council may
prohibit the raising and keeping of hogs in the town, or in any part
thereof.

Tenth. To prevent the riding and driving of horses or animals at an
improper speed, throwing stones, or engaging in any employment or sport
on the streets, sidewalks, or public alleys, dangerous to, or annoving to
passengers, and to prohibit and punish the abuse or cruel treatment of
horses or other animals in said town.

Eleventh. To restrain and punish drunkards, vagrants, and street beg-
gars ; to prevent vice and immorality, obscenity, and profanity; to preserve
peace and good order; to prevent and quell riots, disturbances, and disor-
derly assemblages; to suppress houses of ill-fame and gambling houses;
to prevent lewd, indecent, and disorderly conduct or exhibitions in said
town, and to expel therefrom persons guilty of such conduct. .

Twelfth. To prevent, forbid, and punish the selling of liquor and in-
toxicating drinks in any place not duly licensed, and the selling or giving
any intoxicating liquor to any child or minor, and the selling or giving of
cigarettes to any minor under sixteen years of age, without the consent in
writing of his or her parent or guardian; to regulate the manner and pre-
scribe the time of the sale of liquor or intoxicating drinks, by retail] or
wholesale, by any person duly licensed ; and for any violation of any such
ordinance or ordinances there may be imposed such fines and penalties as
the council may prescribe.

Thirteenth. To prevent the coming into the town of persons having no
ostensible means of support, and of persons who may be dangerous to the
peace and safety of the town, and for those may require any railroad com-
pany, or stage company, or any person or persons bringing such persons
to said town to enter into bond, with satisfactory security, that said per-
son shall not become chargeable to the town for the period of one year
thereafter, or may require or compel said company or persons to take
them back from whence they brought them, and compel said persons to
leave town: provided, that such order to leave be issued within sixty days
after their arrival.

Fourteenth. To designate such portions and parts of the town as they
may deem proper within which no buildings of wood shall be erected : to
prohibit the erection of wooden buildings in anv portion of the town with-
out their permission ; to regulate and control the erection of all buildings,
and to provide for the removal of anv such building or addition which
shall be erected contrary to such regulations or prohibition at the expense
of the builder or owner thereof, and if any such building shall have
been commenced, or if any building in progress of erection appears
clearly to be unsafe, the council may cause such building to be taken
down.

Fifteenth. In addition to the special powers hereinbefore specifically
delegated to the town council, all general powers, not in conflict with the
laws, of this Siate, or of the United States, necessary for the proper and
sufficient government of said town, and which are, by law, allowed te
municipal corporations, are hereby likewise delegated to, and invested in.
the said council of the town of Warrenton.

27. Where, by the provisions of this act, the council have authority te
pass ordinances on any subject, they mav prescribe any penalty, not ex-
cecding five hundred dollars, for violation thereof, and may provide that
the offende r, on failing to pay the penalty preseribed, shall be imprisoned
in the jail of Fauquicr county for any term not exceeding twelve months.
or by both. The penalty prescribed may be prosecuted and recovered
with costs in the name of the town of Warrenton; and it may be further
required that the offender, failing to pay his fine and costs, may be com-
pelled to work on the chain gang of the town until his fine and cost be
paid, provided by the laws of this State.

28. No ordinance hereafter passed, after the first day of July, nineteen
hundred and three, by the said council, as now constituted or as hereafter
elected, for the violation of which any penalty i is Imposed, shall take effect
until the same shall have been published as the council may order ; and all
laws regulating any ordinances of said council, certified by the recorder.
mav be Fead | in evidence in all courts of justice, and all proceedings before
anv officer, body, or board. in which it shall be necessary to refer thereto:
but after the expiration of six months from the date of such ordinance its
publication shall not be questioned or its validity affected by anv failure
to publish the same; but this section shall not apply to the ordinances of
whatever kind now in force in the town of Warrenton.

29. In every case where a street of said town has been, or shall be en-
croached upon hy any fence, building, porch, projection, or otherwise, it
shall be the duty of the council to require the owner, if known, or if un-
known, the occupant of the premises encroaching. to remove the same, and
if such removal be not made within the time ‘prescribed by the council.
they may impose a penalty of not excceding five dollars for each and every
day it is allowed to continue thereafter, and may cause the encroachment
to be removed and collect from the owner all reasonable charges therefor.
with costs, by the same process that they are hereinafter empowered to
collect taxes. No encroachment upon any street of the said town. however
long the same shall have been or may be continued, shall constitute an ad-
verse possession to, or confer any right upon the person claiming there-
under or against the said town.

80. Whenever any strect, alley, or Jane in said town shall be opened
to and used as such by the public for the period of five vears, unless
notice of the contrary intention on the part of the land owner he given to
the mavor of the town, the same shall therehy become a street, alley, or
lane for public purposes, 1f the council so elect, and the council shall have
ACTS OF ASSEMBLY. 273

the same authority and jurisdiction over and rights and interests therein
as they have by law over the other streets, alleys, and lanes laid out by
them ; and any street or alley reserved in the divisions or subdivisions
into lots or any portion of the territory within the corporate limits of said
town by a plat or plan of record shall be deemed and held to be dedi-
cated to public use, unless it appears by said record that the strect or alley
so reserved is dedicated for private use; but upon a petition of a majority
of the persons interested therein the council shall have the power to open
the same for lhe use of the public.

31. The council shall grant and pay to all town officers elected under
or appointed in pursuance of this act such salaries or compensation as
the council may, from time to time, deem just and proper.

32. If any person, having been an officer of said town, shall not within
ten days after his term expires, or he shall have been vacated or removed
from office, and upon notification and request of the mayor within such
time thereafter as the council may allow, deliver over to his successor in
office all property, books, and papers belonging to the town, or appertain-
ing to such office, in his possession or under his control, he and his sure-
ties shall forfeit and pay to the town the sum of five hundred dollars, to
be sued for and recovered with costs; and all books, records, and docu-
ments used in any such office by virtue of any provision of this act, or
of any ordinance or order of the town council, or any superior officer of
said town, shall be deemed the property of said town and appertaining
to said office, and the chief officer thereof shall be responsible therefor.

33. The town council may take from any officer, elected or appointed
bv them, a bond, with sureties to be approved by the council in such pen-
alty as they may deem proper, payable to the town by its corporate name,
with condition for the faithful discharge of the duties of such officer.
All officers elected or appointed by the council may be removed from office
at the pleasure of the council. All bonds of officers elected by the people,
or elected or appointed by the council under this charter, shall be filed
with and kept by the recorder.

34. There shall be elected by the council, at its first meeting in the
month of July, nineteen hundred and three, or as soon thereafter as
practicable, one town treasurer, who shall hold his office during the pleas-
ure of the council.

He shall qualify and give bond before the council, with surety approved
by it in a penalty to be determined by the council. Any vacanev in this
office shall be filled by the council.

35. The said town treasurer shall collect and receive all money belong-
ing to the town, and he shall perform such other dutics as are preseribed
by the council. He shall keep his office in some convenient place in the
town. He shall keep his books and accounts in such manner as the town
council mav prescribe, and such books and accounts shall alwavs be sub-
ject to the inspection of the mayor, recorder, or any member of the town
council, or any committee or committces of the council. He shall receive
for his services such compensation as the town council may, from time to
time, allow.

36. No money shall be paid out by the town treasurer except by order
of the council, and upon a warrant of the recorder of the council, coun
tersigned by the mayor; and said town treasurer shall keep a separat
account of each fund or appropriation and the debits or credits belongin;
thereto.

37%. The town treasurer shall report to the town council or a committe
thereof, as often as required, a full and detailed account of all receiy:
and expenditures during the month, and the state of the treasury. H
shall also keep a register of all warrants, their dates, amount, numbet
and the fund from which paid, and the person to whom paid, specifvin
also the time of payment; and all such warrants shall be examined at th
time of making such report to the town council by the auditing committe
thereof, who shall examine and compare the same with the books of th
treasurer and report discrepancies, if any, to the town council.

38. The town treasurer, or his deputy duly qualified, shall collect a’
taxes and assessments which may he levied by the town council, and fo
that purpose he shall be vested with power and be subject to the labil:
ties and penalties now prescribed by law in regard to the county treasurer:

39. All money received on any special assessment shall be held by th
treasurer as a special fund, to be applied for purposes for which the a:
sessment is made, and said money shall be used for no other purpos
whatever.

40. The treasurer shall be required to keep all moneys in his hands be
longing to the town in such place or places of deposit as the town coun
cil by ordinance may provide or direct.

41. The recorder of said town shall attend the meetings of the council
and keep a record of its proceedings. He shall have the custody of th
corporate seal; he shall keep all papers that, by provision of this act o
the direction of the council, are required to be filed with or kept by them
He shall give notice to all parties presenting communications or petition
to the town council of the final action of the council on such communica
tion or petition. He shall publish such reports and ordinances as th
town council is required to publish, and such other reports and ordinance
as it may direct, and shall, in general, perform such other acts and dutie
as the council may, from time to time, allow. Any vacancy in this offic
shall be filled by the council.

42. There shall be elected by the council, at its first mecting in Sep
tember, nineteen hundred and three, or as soon thereafter as practicable
one commissioner of the revenue, who shall hold his office during th
pleasure of the council. He shall qualify and give bond before the tow
council, with surety in such amount as the council may determine: saic
surety to be approved by the council. Any vacancy in this office sha’
be filled by the council.

43. The said commissioner of the revenue shall perform all the dutie
in relation to the assessment of property for the purpose of levying 1
town taxes and licenses that may be ordered by the town council. He
shall keep therein such books, schedules, records, and other papers, and in
such manner as the town council may direct and prescribe, which books.
schedules, records, and other papers shall be subject to the inspection and
examination of the mayor, recorder, and members of the town council, or
- any committee or committees thereof, and of the treasurer. His compen-
sation shall be such as the council shall, from time to time, allow.
: 44, There shall be appointed by the council, at its first meeting in Sep-
tember, nineteen hundred and three, or as soon thereafter as practicable,
une town sergeant. He shall qualify and give bond before the council
_for such amount and with such surety as the council may approve, and
- Shall hold his office during the pleasure of the council. His compensa-
_tion shall be such as the council may, from time to time, allow.
In all cases, civil and criminal, arising in said town, or within one
mile of the corporate limits thereof, he shall be vested with all the powers
which the general laws of this State confer upon constables. He shall be
chief of police of said town. In addition to the powers conferred upon
town sergeants by the general law of this State, the sergeant of said town,
and all police officers appointed by the mayor or the town council thereof,
shall have all the powers conferred upon special police by the provisions
of section three thousand nine hundred and twenty-seven of the Code of
. Virginia of eighteen hundred and eighty-seven, and amendments thereto.
_ They shall have the power to arrest without warrant and carry before the
mayor to be dealt with according to law, any and all persons who shall
. violate any ordinance of the town, or law of the State, in their presence,
and it shall be his duty to swear out warrants of arrest for any person or
persons where he has reason to believe any offense has been committed.
. 45. The council shall contro] and manage the water works of said town,
elther by itself or through such committees or agencies as it may adopt;
_ and the council shall prescribe and regulate the rates of charges to be paid
_ for the use of water furnished by the town to the citizens thereof, and to
_ persons outside the corporate limits thereof, who may wish to purchase
_ water from the town. They may impose fines and penalties for the in-
jury and abuse of said works, or property connected therewith, or for
_ waste of said water furnished by the town, and may enforce and collect
_ said fines and penalties and the charges for water by distress or otherwise,
_ as the council may determine.
46. The council of the town of Warrenton, whenever three-fourths of
" its members by a recorded vote decide that it is to the interest of the town
so to do, may borrow moncy to the extent prescribed by the Constitution
and laws of the State of Virginia, for the uses and purposes of the town,
' by issuing bonds of the said town and selling the same for the purpose of
_ Yalsing such money.
_ 4%, Any bonds which may be issued under this act may be either regis-
_ tered or coupon bonds, and shall be issued in such denominations and bear
. such rate of interest, not exceeding the legal rate per centum per annum,
as may be determined by the council. Such bonds shall be made payable
in not exceeding thirty years from their date, and may, at the option of
the council, be made redeemable after such time as the council may pre-
scribe; the interest shall be made payable annually, or semi-annually, as
- the council may determine; and the council may exempt any or all of such
‘ bonds from town taxes; in which case a clause to that effect shall be in-
serted in each bond. The treasurer shall endorse on each bond issued
~ and sold a certificate to the effect that the town of Warrenton has received
the amount of said bond from the holder, and when such certificate 1
so endorsed upon said bond, and signed by the treasurer, the title of thé
purchaser shall in no case be questioned, nor shall the purchaser, or an:
subsequent holder, be required to see to the proper application of th
money by the town, and the validity of such bonds shall never thereafte
be questioned. All bonds issued by virtue of this act shall be signed b
the mayor, and countersigned bv the recorder, and shall have the seal o:
the town affixed thereto, and said bonds shall be issued and sold, and th
proceeds used under the orders of the council. Every bond issued by th:
council shall state on its face for what purpose it was issued: provided
always, that no bond shall be issued or sold for the purpose of subscrib
ing to the stock of any company for internal improvement or other pur.
poses; and nothing contained in this charter shall be held to authorizs
the council to endorse or guarantce the bonds of any person or corpora-
tion whatever.

48. For the execution of their powers and duties, the council of the
town of Warrenton shall have the power to raise, annually, by taxes and
assessments, in said town, such sums of money as they shall deem nece-
sary to defray the expenses of the same, and in such manner as they shall
deem expedient, in accordance with the Constitution and laws of this
State and of the United States. ,

The town council shall have the power to tax all real and personal pro-
perty situated in said town, and not exempt by law from State taxation.
including any taxable real or personal property omitted from the State
assessment; to levy a tax on licenses of agents of insurance, fertilizer, and
other firms, persons, or corporations whose principal office is, or is not, lc
cated in said town, if said persons, firms, or corporations do, or offer to do.
business in said town; to auctionecrs, to public theatricals, or to other per-
formances or shows; to keepers of billiards and pool and such like tables.
ten-pin alleys; to hawkers and peddlers; to agents for the renting or
selling of real estate; to commission merchants, and on the business 0°
any person, firm, or corporation, doing business in said town, whether a
license tax on such business be imposed by the State or not, within the
limits of the Constitution: provided, however, that the said town coun-
cil shall have the right to impose a license tax of not less than one hun-
dred dollars, nor more than one thousand dollars, on all dealers, and on a!
handlers of liquors within the corporate limits of the town of Warrenton.
or within one mile of such limits, and upon all auctioneers who shall
bring into said town merchandise to be sold at auction; and said town
council shall have the right to impose a license tax of not less than one
hundred, nor more than two hundred dollars, upon any person, firm, or
corporation who, not being engaged regularly in business in said town,
shall consign their goods to others to be sold, or shall come into said town
themselves at various times and intervals to offer their goods, wares, and
merchandise, for sale by auction or otherwise, without the intention of
continuing their business permanently or regularly in said town: pro-
vided, also, that any farmer may scll the products of his farm in the said
town without any license. The jurisdiction of the corporate authorities
of said town for imposing and collecting a license tax on saloons, shows,
performances, and exhibitions shall extend one mile bevond the corporate
limits of said town; it being the purpose of this seetion to give to the
council of said town the power to tax all subjects within its jurisdiction,
not withheld from taxation by the laws of this State, whether the State
taxes them or not. |

49. The council may grant licenses to owners or keepers of wagons,
drays, carts, hacks, and other whee] vehicles kept or employed in said town
for hire; and may require the owners or kcepers of wagons, drays, carts,
or other vehicles using them in the town to take out a license thereon and
subject the same to such regulations as they may deem proper, and may
prescribe their fees and compensations.

50. All goods and chattels wheresoever found may be distrained and
sold for taxes and licenses assessed and due thereon; and no deed of trust
or mortgage upon goods and chattels shall prevent the same from being
distrained and sold for taxes and licenses assessed against the grantor in
such deed while such goods and chattels remain in the grantor’s possession.

51. There shall be a lien upon real estate for the taxes assessed thereon
by the town council from the commencement of the vear for which they
were assessed. When any of said taxes are returned delinquent by the
town treasurer, a list of the same shall be returned to the clerk of the court
of Fauquier county, and be by him entered in a book furnished by the said
town and kept in his said office, the form and manner of entering the
same to be similar to that provided by law for the record of delinquent
taxes on real estate due the State. In said book there shall also be
columns in which shall be entered the names of purchasers, the amount
and date of sales of real estate sold for delinquent taxes as provided in
this charter. When the taxes so returned delinquent are entered into said
record as herein provided, the same shall be held to be constructive notice
of the lien thereof, and the said real estate shall be liable thereto as against
creditors, and in the hands of purchasers or other persons into whose
hands the said real estate may pass. And the said real estate may be sold
for said taxes as provided in this charter, whether owned by the person in
whose name it was assessed or not. After said real estate has been sold
for taxes, the same may be redeemed within such time and by such per-
sons and upon such terms as is provided by law for the redemption of
land sold for State taxes, except that the moneys paid for such redemption
shall be paid to the treasurer of the town of Warrenton.

Upon the redemption of said real estate, the treasurer shall issue to
the persons so redeeming it a certificate to that effect, which shall be pre-
sented to the clerk of the court of Fauquier county, who shall thereupon
mark in the said record the redemption of said real estate, the name of
the party redeeming it and the date thereof. The clerk shall receive for
his service a fee of ten cents for each lot of land so entered in said record,
a fee of ten cents for the entry of such sale of real estate as provided in
this charter, and a fee of twenty-five cents for each redemption so en-
tered, to be paid by the town of Warrenton, and which shall be charged
against and be a lien upon said land along with the taxes against the

same.
At the expiration of the time within which said real estate may be re-
deemed, if the same has not been redeemed as herein provided, the te
corder shall execute to the purchascr thereof a deed conveying the same in
like manner as is now prescribed by law for the conveyance of real estate
by the clerk of the county court which has been sold for delinquent taxé
due the State, and such deed shall convey such title as would be conveved
had the same been sold for delinquent State taxes.

52. The court of Fauquier county, on the application of the council of
the town of Warrenton, may order real estate delinquent for the non-pay-
ment of taxes to be sold by the treasurer of the town of Warrenton a
public auction for such taxes, penalties, interests, and costs at such time
as it shall direct, said sale and advertisement thereof to be made in con-
formity as near as may be to the State law with reference to the sale o:
delinquent lands. When such sale has been made, the same, with date
thereof, the name of the purchaser, and the amount for which the said rea!
estate sold, shall be entered by the clerk in the record of the delinquent
real estate, provided for in section fifty-three.

53. If at any sale no bids shall be made by any person for any such par-
cel of land, or such bids be not equal to the taxes, with interest, penaltie.
and costs thereon, then the same may be bid in and purchased by the
treasurer for the town. On such sale the treasurer shall execute to the
town a certificate of sale, in which the property purchased shall be de
scribed and the aggregate amount of taxes, interests, penalties, and costs
specified, and shall deposit such certificates with the recorder.

54. In case that any real estate purchased by the treasurer for the town
as hereinbefore provided shall not be redeemed within the time specified.
the town treasurer shall, within sixty days after the expiration of th
time for redemption, cause to be recorded in the clerk’s office of the court
of Fauquier county such certificate of sale, with his oath that the same
has not been redeemed, and thereupon the said town of Warrenton, or 18
assigns, shall acquire an absolute title to the same. The said certificate
or record thereof, or a certified copy thereof, shall, in all courts and other
places, be evidence of the facts therein stated: provided, however, that
the failure to obtain or record such certificate shall not invalidate the lien
of the town for all taxes assessed against such real estate; but the said
town may, at any time, elect to enforce its lien for taxes in a court of
equity, and release its right as purchaser, or to become a purchaser of suc!
real estate.

55. The council of the town of Warrenton shall have the right to add
to all tax bills not paid by the first dav of December in each year a penaity
of five per centum on the amount of such tax bills, and the said council
shall also have the right to add to all taxes on licenses not paid by the
first day of June in each vear a penalty of five per centum on the amoutt
of such licenses, and to prescribe a fine for engaging without the payment
of a license by any person in a business for which a license tax is charged.

56. The council shall annually order a levy upon all male persons
within said town overtwenty-one years of age,and on all real estate within
said town not exempt by law from State taxation, and on all such per
sonal property and other subjects as may at the time be subject to taxi-
tion by this charter: provided, however, that the tax on persons shall not
a2xceed one dollar, and the tax levied for general purposes shall in no year
»xceed one dollar on the one hundred dollars’ worth of property, real and
personal, and this maximum rate of taxation shall not be increased ex-
cept by amendment to this charter.

57%. The council may organize and maintain a fire department for the
town, and make rules and regulations for the government of the officers
and men of said department, and may make such ordinances as they may
deem proper to extinguish and prevent fires; to prevent property from
being stolen, and to require citizens to render assistance to the fire de
partment in case of need.

58. All ordinances now in force in the town of Warrenton not incon-
sistent with this charter, the laws of this State, and of the United States
shall be and remain in force until amended or repealed by the town
council.

59. All acts and parts of acts inconsistent with this act are hereby
repealed.

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