Chap. 259.—An ACT to amend and re-enact section 1038 of an act entitled
“chapter 269, an act to amend and re-enact chapter 44 of the Code of Virginia
(1887), in relation to cities and towns, and to repeal sections 1039 and 1040
of the Code of Virginia, and section 1043 of the Code of Virginia as amended
and re-enacted by an act approved March 4, 1896, and as attempted to be
repealed by an act approved March 7, 1900, and to repeal an act approved
March 7, 1900, entitled ‘an act to provide for local assessments in cities
and towns,’ approved May 20, 1903.” :

Approved March 15, 1906.

1. Be it enacted by the general assembly of Virginia, That section one
thousand and thirty-eight of an act entitled “chapter two hundred and
2ixty-nine—an act to amend and re-enact chapter forty-four of the Code
of Virginia (eighteen hundred and eighty-seven), in relation to cities and.
towns, and to repeal sections one thousand and thirty-nine and one thou-
sand and forty of the Code of Virginia, and section one thousand and
forty-three of the Code of Virginia as amended and re-enacted by an act
approved March fourth, eighteen hundred and ninety-six, and as at-
tempted to be repealed by an act approved March seventh, nineteen hun-
dred, and to repeal an act approved March seventh, nineteen hundred, en-
titled “an act to provide for local assessments in cities and towns,” ap-
proved May twentieth, nineteen hundred and three, be amended and re-
enacted so as to read as follows:

$1038. General and enumerated powers of councils of cities and towns.
In addition to the powers conferred by other general statutes, the council
of every city and town shall have power to lay off streets, walks, or alleys;
alter, improve, and light the same, and have them kept in good order;
to lay off public grounds and provide all buildings proper for the city or
town; to provide a prison-house and workhouse, and employ managers,
physicians, nurses, and servants for the same, prescribe regulations for
their government and discipline, and for the persons therein; to prescribe
the time for holding markets and regulate the same; to prevent injury or
annoyance from anything dangerous, offensive, or unhealthy, and cause
any nuisance to be abated; to regulate the keeping of gunpowder or other
combustibles, and provide magazines for the same; to provide in or near
the city or town water works and places for the interment of the dead;
to prevent the pollution of the water and injuries to the water works, for
which purpose their jurisdiction shall extend to five miles above the
same; to make regulations concerning the building of houses in the city
or town; to make regulations for the purpose of guarding against danger
from accidents by fire, and, on the petition of the owners of not less than
two-thirds of the ground included in any square to prohibit the erection
in such square of any building, or an addition to any building more than
ten feet high, unless the outer walls thereof be made of brick and mortar,
or stone and mortar, and provide for the removal of any building or addi-
tion erected contrary to such prohibition; to provide for the weighing or
measuring of hay, coal, or any other articles for sale, and regulate the
transportation thereof through the streets; protect the property of the
city or town and its inhabitants, and preserve peace and good order
therein. ‘The council of any city or town may, in their discretion, au-
thorize or require the fire department thereof to render aid in cases of
fire occurring beyond their limits, and may prescribe the conditions on
which such aid may be rendered. For carrying into effect these and their
other powers, they may make ordinances and by-laws, and prescribe fines.
or other punishment for violation thereof, keep a city or town guard, ap-
point a collector of its taxes and levies, and such other officers as they
may deem proper, define their powers, prescribe their duties and compen-
sation, and take from any of them a bond, with sureties, in such penalty
as to the council may seem fit, payable to the city or town by its corporate
name, and with condition for the faithful discharge of the said duties.
Cities and towns of this Commonwealth are hereby authorized to make
appropriations of public funds, of personal property, or of any rea!
estate to any charitable institution or association, located within their
respective limits: provided, such institution or association is not con-
trolled in whole or in part by any church or sectarian society. But the
words “sectarian society” shall not be construed to mean a non-denomina-
tional young men’s christian association or a non-denominational women’s
christian association. And nothing in this section shall be construed to
prohibit any city from making contracts with any sectarian institution for
the care of indigent, sick, or injured persons.