Chap. 79.—An ACT to amend and re-enact sections 1, 2, 12, 14, 15, 16, 17,
18, 19, 20, 21, 23, 24 or an act approved July 11, 1870, providing a
charter for the town of West Point, in King William county, as amended
by an act approved March 22, 1872, and as amended by an act approved
March 1, 1884, and as amended by an act approved May 2, 1887, and as
amended by an act approved March 1, 1892, and ag amended by acts ap-
proved March 3, 1894, and by an act approved March 14, 1910, and to
add additional sections thereto. (S. B. 297.)

Approved March 13, 1914.

1. Be it enacted by the general assembly of Virginia, That
sections one, two, twelve, fourteen, fifteen, sixteen, seventeen, eigh-
teen, nineteen, twenty, twenty-one, twenty-three and twenty-four
of an act approved July eleventh, eighteen hundred and seventy,
providing a charter for the town of West Point, in King William
county, as amended by an act approved March twenty-two, eighteen
hundred and seventy-two, and as amended by an act approved
March first, eighteen hundred and eighty-four, and as amended by
an act approved May second, eighteen hundred and eighty-seven,
and as amended by an act approved March first, eighteen hundred
and ninety-two, and as amended by an act approved March third;
eighteen hundred and ninety-four, and as amended by an act ap-
proved March fourteenth, nineteen hundred and ten, be amended
and re-enacted, and additional sections be added thereto, so as to
read as follows:

Sec. 1. That the territory contained within the limits of the
town of West Point, prescribed by the sundry acts of the general
assembly heretofore passed, and as the same has been heretofore
laid off into lots, streets, alleys, pursuant to a plan and survey made
by J. M. Daniels, Esquire, shall be deemed and taken as the town
of West Point, and all the inhabitants within the said limits, and
their successors, shall be, and they are hereby made, a body politic
and corporate by the name and style of the town of West Point,
and as such, and by that name, shall have and exercise the powers
conferred upon towns of less than five thousand inhabitants, and
may have and use a common seal, and alter and renew the same
at pleasure, and generally have all the rights, franchises, capa-
cities and powers appertaining to municipal corporations in this
Commonwealth, and not prohibited by the Constitution and general
law applicable to municipal corporations.

Sec. 2. The boundary of said town shall be as follows: Be-
ginning at the confluence of the Mattaponi and Pamunkey rivers;
thence up the Pamunkey river, with the meanderings thereof, to
the land known as the Taylor estate; thence along the line of said
estate, as the same is now established, to the Mattaponi river;
thence down the Mattaponi river to the place of beginning.

Sec. 12. The mayor.—The mayor shall be the chief executive of-
ficer of the town, and shall see that the ordinances and by-laws of the
town are faithfully executed, and that all offenders or violators of
these ordinances are punished as directed by said ordinances. He
shall see that the duties of the various town officers, members of
the police and fire departments, whether elected or appointed, in
and for the town, are faithfully performed. He shall have power
to investigate their acts, have access to all books and documents
in their offices, and may examine them and their subordinates on
oath. He shall have power to suspend the members of the police
and fire departments, and to remove such officers and such mem-
bers of such departments for misconduct in office or neglect of
duty, to be specified in the order of suspension or removal; but
ho such removal shall be made without reasonable notice to the
officer complained of, and an opportunity afforded him to be heard
in person, or by council, and to present testimony in his defense.
On the removal or suspension of such officers or members, the
mayor shall report the same, with the reasons therefor, to the town
council.

From such order of suspension the said officer shall have right
to appeal to the beard of police commissioners in case of suspended
policemen, or to the board of fire commissioners, in case of sus-
pended firemen, and if there be no such board to which such ap-
peal may be taken, then they shall have right of appeal to circuit
court of King William county, as provided by general statufe.
It shall be his duty to communicate to the town council an-
nually as soon as may be after the commencement of the fiscal
year, and oftener, if he shall deem it expedient, or if required by
the council, a general statement of the situation and condition of
the town in relation to its government, finances and improvement,
with such recommendations as he may deem proper.

Sec. 18. Town council.—The council shall have, subject to the
provisions herein contained, the control and management of the
fiscal and municipal affairs of the town, and of ail property, real
and personal, belonging to said town, and may make such ordi-
nances, orders and by-laws relating to the same, as it may deem
necessary.

The council shall have power to enact suitable ordinances, to
secure and promote the general welfare of the iuhnbitants of the
town by them deemed proper for the safety, health, peace, good
order and morals of the community, and to make and adopt ordi-
nances and resolutions deemed proper and necessary to secure and
promote the same.

The council shall have power, subject to the statutes applicable
to cities and towns, to make such ordinances, resolutions, by-laws
and regulations as it may deem desirable and suitable to carry out
the following specified powers, which are hereby vested in them:

First. To establish or enlarge water works, gas works and
electric lights within or without the limits of the town, to con-
tract and agree with the owners of any land for the use or pur-
chase thereof, or may have the same condemned for the location,
extension, cr enlargement of their said works, the pikes connected
therewith, or any fixtures or appurtenances thereof, for the pur-
pose of supplying the inhabitants of said town with water, lights
or power.

Second. To erect or provide in the town suitable workhouses,
houses for correction or reformation, and houses for the reception
and maintenance of the poor and destitute.

Third. To establish and keep in order, alter or remove, land-
ings, wharves and docks on the lands belonging exclusively to, or
which may hereafter belong exclusively to said town, and to lay
and collect a reasonable duty on vessels coming to and using the
same; to prevent and remove all obstructions in and upon such
landings, wharves and docks; to. preserve peace and good order
upon the same, and upon all other wharves and landings in the
town.

Fourth. To open and lay off streets, walks and alleys; to
widen or narrow, graduate, curb and pave same; to extend, alter,
improve and light the same, and have them kept in good order;
to grant rights, privileges and franchises for the use of the same,
for railroad and other purposes; to close and vacate the same, in
whole or in part; and when said streets, walks or alleys, or parts
thereof, lying west of ““B” street, have or shall have been so closed
or vacated, then by an ordinance or resolution, passed by a re-
corded affirmative vote of three-fourths of all the members elected
to the council, to sell and convey the said last named streets, walks
or alleys, or parts thereof, so closed and vacated, or the land for-
merly occupied thereby, in such manner as to the council may seem
wise and expedient, or proper; that they may build bridges in,
and culverts under, said streets and may prevent or remove any
structure, obstruction, or encroachment over or under, or in, any
streets, sidewalks, or alley in said town; but no company or person
shall occupy with its works or any appurtenances thereof, the
streets, sidewalks or alleys of the town, without the consent of
the council, duly entered upon its records.

No franchise, lease or right tc use its water front, wharf, prop-
erty, public landings, wharves, docks, streets, avenues, parks, bridges
or other public property, or easement, of any description in a manner
not permitted to the general public, shall be granted for a longer
period than thirty years. Before granting any such franchise or
privilege for a term of years, except for a trunk railway, the town
council shall proceed, as provided by general statutes applicable
to the granting of such rights by cities and towns.

Any and all franchises, or ordinances, heretofore granted or
made, by the council of the town of West Point, on behalf of the
said town, relating to the disposition, or the use of the streets
thereof, are hereby ratified and confirmed, and shall be in all re-
spects as valid in law as though made or granted after the pas-
sage of this act.

All deeds, conveying any property of the said town, shall be
executed in the name of the town by the mayor, and shall have the
corporate seal of the town affixed to the said deed or deeds, and
attested by the sergeant of the said town.

For the purpose of the establishment of manufacturing plants,
dry docks, or like industries, or bridges or wharves, by any person
or persons east of “F” street, or the laying out of new streets, east
of “F” street, the council, by resolution or ordinance, adopted by
a recorded vote of three-fourths of the members elected to said
council, is authorized to vacate or discontinue any street or streets,
or parts thereof, deemed necessary by said council for said pur-
poses, provided the interest of all abutting landowners on said street
so vacated or discontinued shall be protected.

The said vacation or discontinuance of said last named streets,
or parts of streets, for the purposes aforesaid, may be temporary
or permanent as the town council shall decide, and order.

Fifth. To permit shade trees to be planted along said streets,
subject, however, to the control and supervision of the said council,
as to the location and kind of said shade trees; to require the re-
moval, or to remove any and all shade trees, or the branches thereof,
which may become dangerous from decay, or any other cause.

Sixth. To regulate and prescribe the breadth of tires upon
wheels, or wagons, carts and vehicles of heavy draught, used upon
the streets of said town.

Seventh. To secure the inhabitants from contagious, infectious,
or other dangerous disease; to establish, erect and regulate hospi-
tals or pest-houses in or near the said town; to provide for and
force the removal of patients to said hospitals or pest-houses.

Eighth. To appoint and organize a board of health for said
town, with authority for its government and support, and for the
prompt and efficient performance of its duties.

Ninth. To adopt and enforce such regulations as may be neces-
sary, under the usual system of quarantine, to prevent vessels or
boats, or persons, infected with contagious or infective disease from
entering any port of the harbor appertaining to the said town.

Tenth. To require and compel the abatement and removal of
all nuisances 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 shall be. To regulate and prevent slaughter-
houses, soap and candle factories. or the prosecution of any dan-
gerous, offensive or unhealthv business, trade or employment
therein, which may be injurious to the health of the inhabitants
of the said town. ;

Eleventh. If any ground in said town shall be subject to be
covered by stagnant water, or if the owner or owners, occupier or
occupiers thereof, shall permit any offensive or unwholesome sub-
stance to remain or accumulate therein or thereon, the council may
cause such ground to be filled up, raised, or drained, or may cause
such substance to be covered or removed therefrom, and may col-
lect the expense of so doing from the said owner or owners, oc-
cupier or occupiers, or any of them, by suit or otherwise; provided
that reasonable notice to abate said nuisance shall be first given
to the said owners, or their agent. In case of non-resident owners
who have no agents in said town, such notice may be given by
publication for not less than two weeks in any newspaper pub-
lished in said town.

Twelfth. To prevent hogs, dogs and other animals from run-
ning at large in the town, and may subject the same to such regu-
lations as they may deem proper; and the council may prohibit
the raising or keeping of hogs, or cows, in the town.

Thirteenth. To prevent the riding, or driving of horses or
other animals at any improper speed; to prevent the running of
engines and vehicles propelled by steam, gasoleue, clectricity, or
other like motive power, at any improper speed within the limits
of the town, or to wholly exclude the said engines and vehicles; to
prevent the flying of kites, throwing stones, or engaging in any
employment or sports in the streets or publis alleys, dangerous or
annoying to the people; and to prohibit and punish the abuse of
animals.
Fourteenth. To restrain and punish drunkards, vagrants, mendi-
cants and street beggars.

To prevent vice and immorality; to make such regulations as
may be necessary to secure the inhabitants of said town against
thieves, robbers and burglars; to preserve the public peace and
good order of the town; to prevent and quell riots, disturbances,
and disorderly assemblages; to suppress houses of ill-fame, and
gambling houses; to prevent, suppress and punish lewd, disorderly
and indecent conduct or exhibitions in the town, and to expel
therefrom persons guilty of such conduct, who shall not have re-
sided therein as much as one year.

Fifteenth. To prevent the coming into the town, from within
or beyond the limits of the State, persons who may be dangerous
to the peace and safety of the town, or of persons having no os-
tensible means of support; and for this purpose may require and
compel any railroad company, or the master of any steamboat or
vessel bringing such persons to the town, to take them back from
whence they came, and to compel such persons to leave the town.

Sixteenth. The council shall have power, and authority is
hereby given it, to issue from time to time bonds, or other in-
terest bearing obligations for the purpose of borrowing money to
carry into effect the purposes and objects authorized by this char-
ter; provided, however, that no such bonds or other interest-bearing
obligations shall be issued, except upon an ordinance passed by a
recorded affirmative vote of two-thirds of all the members elected
to said council, setting forth the purpose for which the said bonds,
or interest bearing obligations are to be issued, the length of time
for which they aré to be issued, which time shall not exceed thirty
years, and the rate of interest which shall not exceed six percentum
per annum; and provided further that no such bonds, or other
interest bearing obligations, shall be issued until and except the
question of issuing the same shall have been submitted to the voters
of the town of West Point, as provided by statute for holding
elections in towns for the purpose of deciding upon the question
of bond issue.

Seventeenth. The council shall have authority to prescribe
rules for the orderly building of houses and chimneys; to regulate
blacksmith shops, and all other shops, structures and business con-
sidered likely to occasion accidents by fire, and the erection of
stoves, and stove pipes; to regulate the erection of privies, stables
and cow sheds, and prescribe their location; to make regulations
concerning the building of houses within the town, and in its dis-
cretion, to establish and maintain parks, play grounds and boule-
vards, and cause the same to be laid out, equipped or beautified ;
to make regulations for the purpose of guarding against danger
from accidents by fire, and on the petition of owners of not less
than two-thirds of the ground included in any square, to prohibit
the erection in such a 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, or cement blocks.
and provide for the removal of any building or addition erected
contrary to such prohibition.

Eighteenth. To provide for the collection of taxes on any real
or personal property, liable therefor, which has not been assessed
for town taxes for anv year, or that may have been assessed for
less than the law requires for any vear, or that the taxes thereon
for any cause have not been realized. and to that end may require
the town sergeant to list the same and assess town taxes thereon,
at the rate prescribed for anv vear the same was so omitted, adding
thereto interest at the rate of six percentum per annum; provided
that this section shall not apply, however, to any taxes omitted prior
to the passage of this act.

Nineteenth. To levy annually upon all male persons within the
said town, over twenty-one years of age. a poll tax, not exceeding
one dollar, and to levv annually upon all dogs in said town a tax
not exceeding one dollar, to be paid by the owner thereof, and in
the event of the failure to pay said dog tax, to provide for the
killing of said dog.

Twentieth. To. levv a tax upen all the real and personal prop-
erty in said town. liable to municipal taxation, to be used exclu-
sively for public free school purposes, in addition to the tax levied
for other purposes, and to apply any other funds in the town treas-
ury not otherwise appropriated. as the same may be needed, to pro-
vide for the maintenance of the public schools in the said town.

Sec. 14. The town council is empowered to acquire by purchase
or otherwise, such lands as mav be necessary for the burial of the
dead. The said council shall also have power to prescribe and en-
force all needful rules and regulations, not inconsistent with the
laws of the State, for the use, protection, preservation and orna-
mentation of the cemetery; to set aside, in their discretion, by
metes and bounds, a portion thereof for the interment of strangers
and the indigent poor; to divide the remainder into burial lots,
and sell or lease the same, and to execute all proper deeds or other
writings, in evidence of such sale or lease, and to prescribe what
class and condition the money from such sale or lease of burial
lots shall be invested, used and employed for the use, protection,
preservation and ornamentation of said cemetery.

Sec. 15. Where, by the provisions of this act, the council have
authority to pass ordinances on any subject, they may prescribe
punishment, by fines not exceeding five hundred dollars, and con-
finement in jail not exceeding three months, one or both, for a
violation thereof, and may provide that the offender. on failure to
pay the fine imposed, shall be imprisoned in the jail of the town
for a term not exceeding ninety days, which penalties may be
prosecuted and recovered with costs in the name of the town of
West Point, or may compel such offenders to work on the streets,
or other public improvements in the said town; provided, that, in all
cases, the accused shall have the right of appeal to the circuit court
of King William county.

Sec. 16. In every case where a street in said town has been
or shall be encroached upon by any fence, building or otherwise,
the council may require the owner (if known, or if unknown, the
occupant of the premises encroaching), to remove the same; and
if such removal be not made within the time prescribed by the
council, they may impose a penalty of 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 reas-
onable charges therefor, with costs, by the same process that they
are hereinafter empowered to collect taxes. No encroachment upon
any street, however long continued, shall constitute any adverse
possession to or confer any rights upon the persons claiming there-
under as against the said town.

Sec. 17. The town shall not impose any tax or assessment upon
abutting landowners for street or other local improvements except
for making and improving the walkways upon the then existing
streets, and improving and paving then existing alleys, and for
either the construction or for the use of sewers, and the same, when
imposed, shall not be in excess of the peculiar benefits resultirg
therefrom to such abutting landowners. Such improvements may
be ordered by the council, and the cost thereof be apportioned in
pursuance of an agreement between the town and the abutting land-
owners, but in the absence of such agreement, no improvement, the
cost of which is to be defrayed in part by such local tax or assess-
ment, shall be ordered, except on a petition from not less than
three-fourths of the landowners to be affected thereby, or by a two-
thirds vote of all members elected to the council. The proceedings
providing for said assessment shall be in accordance with the pro-
visions of section ten hundred and forty-one-a of the «ode of Vir-
ginia.

Sec. 18. The town council shall grant and pay to all tewn of-
ficers, clerks and assistants, elected or appointed by the council or
by the mayor, in pursuance of this act, such salaries or compen-
sation as the said council may, from time to time, dcem it just and
proper.

Sec. 19. If any person, having been an officer of said tewn,
shall not, within ten days after he shall have vacated or been re-
moved from office, and upon notification and request of the town
clerk, or within such time thereafter as the town council shall
allow, deliver over to his successor in office all property, books, and
papers belonging to the town, or appertaining to such office in his
possession, or under his control, he shall forfeit and pay to the town
the sum of one hundred dollars, to be sued for and recovered with
costs; and all books, records and documents used in any such office by
virtue of any provision of this act, or of any ordinance of order of
the town council or any superior officer of said town, shall be deemed
the property of said town.

Sec. 20. Town officers—The council shall have the power to
elect a sergeant, a town treasurer, and such other officers and clerks
as they may deem proper and necessary, and define their powers, and
prescribe their duties, and fix their compensation, and may take
from any officer so appointed a bond with sureties to be approved
by the council in such penalty as they may deem proper, payable
to the town in its corporate name, with the condition for the faith-
ful discharge of said duties. In case of any vacancies occurring
in any municipal offices where it is not herein otherwise provided,
the town council shall elect a qualified person to fill such office
during the unexpired term.

Sec. 21. Town sergeant.—The sergeant of the said town shall
be a conservator of the peace, and be invested with the full powers
of a constable, within the corporate limits, and to the distance of
one mile beyond the same. He shall collect all taxes in said town,
and when instructed so to do by the town council, shall have power.
to levy or distrain for the same. He shall be the collector of delin-
quent town taxes, and for that purpose shall have all the powers
and authority, and be subject to the same liability and damages
as are prescribed for county treasurers in the collection of State
taxes and county levies, and may be proceeded against in the same
manner, as far as applicable, and not inconsistent with the pro-
visions of this act. He shall pay over to the treasurer weekly, or
oftener, if he thinks proper, all moneys which come into his
hands for taxes, or otherwise, belonging to the said town. He shall,
during his term of office, act as the clerk of the town council, and
discharge all the duties as such clerk, which may be imposed upon
him by said council. The sergeant shall have authority to collect
all fines imposed by the mayor, or by any other duly authorized
officer empowered to try offences against the town ordinance; to
collect such fines by executions issued by the mayor, or said other
officers, and to execute any order of arrest issued by the mayor or
other proper officers. As the clerk of the said council, the sergeant
shall attend the meetings of the town council, and keep a record
of the proceedings; he shall have the custody of the corpotate
seal. He shall be furnished by the town council with a proper town
license book, and he shall issue all town licenses which the council
may direct, and no license shall be issued except from the said
license book, and at the time of issuing said license, the stub, which
is retained in the book, shall be properly filled out by the said
sergeant. When he is applied to for a license, he shall ascertain the
correct amount, make the proper entries, collect the tax thereon, and
sign the license himself as sergeant.

No license shall be valid until the mayor has also signed the
same, and no license shall be delivered until paid for. He shall
not issue any license for any other amount than that fixed by the
town council. .

Sec. 22. The treasurer.—The said treasurer shall receive all
moneys paid over to him by the sergeant, or other money belong-
ing to the town. He shall keep his books, as treasurer, in such
manner as the town council may prescribe, and such books and ac-
counts, showing all receipts and expenditures of the town, shall be
kept in his official name and character, separate and distinct from
his individual books, always subject to the inspection of the mayor
and any member of the town council, or any committee thereof.
The treasurer, at the expiration of his term of office, shall deliver
211 money, books and papers in his hands, belonging to said office,
to his successors in office.

Sec. 23. Finance—Fcr the execution of its powers and duties,
the town council may raise annually, by taxes and assessments on
property, liable for taxation in said town, such sums of money as
they shall deem necessary to defray the expenses of the same, and
in such manner as they shall deem expedient, and provide penal-
ties for non-payment of same, in accordance with the laws of this
State, and subject to general laws applicable to towns; provided,
however, that they shall impose no tax on the bonds of the said
town. Said taxes shall be equal and uniform upon the same class
of subjects within the said town.

Sec. 24. The town council may impose a tax on ‘licenses to
agents of insurance companies, whose principal office is not located
within said town, to auctioneers, to public, theatrical or other per-
formances or shows; to keepers of billiard tables, pool tables, and
ten pin alleys; to hawkers and peddlers; to agents for the rent-
ing of real estate: to commission merchants, to merchants; to per-
sons engaged in the business of selling cider, which is the pure
juice of the apple, and on any other business conducted in said town,
whether a license may be required therefore by the State or not;
provided, however, that no tax shall be required of any person
for the sale of cider within said town which may be exempt from
such tax by the provisions of section ten hundred and forty-two-a,
Code of Virginia. For water or light supplied by the town from
its works, council shall fix the rates thereof, the time when such
rates shall be paid and the penalties for nonpayment thereof.

Sec. 25. The town council may also grant or refuse licenses
to owners or keepers of wagons, drays, carts, hacks, and other
wheeled carriages, kept or employed in the town for hire, and may
require the owners or keepers of wagons, drays and carts, using
them in the town, to take out licenses therefor, and may require
taxes to be paid thereon, and subject the same to such regulations
as they may deem proper, and prescribe their fees and compen-
sation.

Sec. 26. All goods and chattels, wheresoever found, may be dis-
trained and sold for taxes 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 assessed against the
grantor in such deed, while such goods and chattels remain in the
grantor’s possession; 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.

Sec. 27. There shall be a lien on real estate for the town taxes
assessed thereon from the commencement of the year for which
they were assessed. The town council may require real estate in
the town delinquent for the non-payment of taxes to be sold for
said taxes, with interest thereon and expenses of sale. Such real
estate shall be sold, and may be redeemed under the provisions
hereinafter made.

Sec. 28. The town council may vest in the town sergeant any
and all powers which are now, or may hereafter be vested in any
collector of State taxes, for the purpose of collecting the town
taxes and other assessments or levies which the council is authorized
to make, and may prescribe the mode of his proceedings, and the
mode of proceedings against him for failure to perform his duties.

Sec. 29. The town sergeant, after using due diligence to collect
said levies. shall make out a list of such as cannot be collected, upon
fcrms similar to those prescribed in sections six hundred and five
and six hundred and six of Virginia Code, annotated, nineteen
hundred and four, with the names of the persons chargeable with
- such taxes placed alphabetically in said lists, and at the foot of
each list subscribe the following oath:

all Ds Oa» Sa , of the town of West Point,
do swear that the foregoing list is, I verily believe, correct and
just; that I have received no part of the town taxes mentioned
in the said list, and that I have used due diligence to find property
within my town liable to distress for the said taxes, but have found
none.”

Sec. 80. The said lists shall be returned, examined and posted,
or published as the town council may prescribe, and such credit
given to the officer on account thereof as it may direct. The lists
whereof credit may be allowed shall be preserved in the office of
the clerk of the council. Within one month after the said lists
are allowed, the said clerk shall transmit to the auditor of public
accounts a copy of the list of real estate appearing thereby to be
delinquent, showing the amount of delinquency on each lot, and
he shall also certify a copy of said list to the clerk of the circuit
ccurt of King William county, to be by him recorded in a book
furnished by the said council, similar in manner and form to that
provided for record of delinquent taxes on real estate due the
State, and in the said book there shall also be columns for the
entering of the names of purchasers, and the amount and date of
sale of the real estate sold by the sergeant as aforesaid for de-
linquent taxes due the said town. This record shall be held as
notice of the lien thereof, and the said real estate shall be liable
for such tax, as against creditors and purchasers or other persons
into whose hands the said real estate may pass. The said clerk
of the court shall be entitled for each entry of lots in said record
book to a fee of ten cents, and a fee of ten cents for the entry of
each name of purchasers, with the date of sales, and a fee of twenty-
five cents for each redempticn entered, to be paid by the town
of West Point, and to be charged against, and be a lien upon, said
land, along with the taxes and levies against the same.

Sec. 31. The town sergeant shall, under the direction of the town
council, cause to be published in one or more newspapers in said
town, or in such other local papers as it may deem proper, not
more than thirty days, nor less than five days, previous to such
sale, a list of the several parcels of real estate so to be sold, the
time and place of sale, and shall describe therein each parcel of
real estate in the same manner as the same is described on the
assessment rolls cn which the said taxes or assessment is imposed
thereon, together with the name of the person to whom each parcel
is assessed, and the amount of the tax or assessment thereon.

Sec. 32. If any such tax or assessment, and the percentage, in-
terest and expenses aforesaid, be not paid previous to the day for
which sale was advertised, or on some day immediately thereafter,
to which said sale may be adjourned, the town sergeant shall proceed
to make sale accordingly of the said several parcels of real estate,
or so much thereof as may be necessary, to the highest bidder; and
the sale may be adjourned from day to day until it shall be com-
pleted. On such sale the town sergeant shall execute to the pur-
chaser a certificate of sale in which the property purchased shall
be described, and the aggregate amount of tax or assessment, with
charges and expenses specified, the date of sale, and time of adver-
tisement; but the town sergeant shall not for himself, directly or
indirectly, purchase any real estate so sold. If at any such sale no
bid shall be made for any stich parcel of land, or such bid shall
not be equal to the tax or assessment, with interest and charges,
then the same shall be struck off to the town. In such last named
event, the sergeant shall execute to the town a certificate of sale,
in which the property. purchased shall be described and the aggre-
gate amount of tax or assessment, with charges and expenses speci-
fied, and shall deposit such certificate with the auditor, or such other
officer as may be designated by the town council.

Sec. 33. The owner of any real estate so sold, his heirs or as-
signs, or any person having a right to charge such real estate for
a debt, may redeem the same by paying to the purchaser, his heirs
or assigns, within two years from the sale thereof, the amount for
which the same was sold, and such additional taxes thereon as may
have been paid by the purchaser, his heirs or assigns, or, if pur-
chased by the town, with such additional sums as would have ac-
crued for taxes thereon if the same had not been purchased for
the town, with interest on the said purchase money and taxes at
the rate of six percentum per annum from the time that the same
may have been so paid, or the same may be paid within the said
two years to the town treasurer in any case in which the purchaser,
his heirs or assigns, may refuse to receive the same, or may not reside
or cannot be found in the town of West Point.

Sec. 34. In case that any real estate struck off to the town as
hereinbefore provided shall not be redeemed within the time speci-
fied, the town treasurer, or such other officer as may be designated
by the town council, shall, within sixty days after the expiration
of two years from the sale, cause to be recorded such certificate of
sale, with his oath that the same has not been redeemed, and there-
upon the said town, or its assignees, shall require an absolute title
to the same in fee. The said certificate may be acknowledged or
proved and recorded in the same manner that deeds are recorded,
and the said certificate, or the record thereof, or a copy of said
record duly authenticated, shall, in all courts and places, be pre-
sumptive evidence of the facts therein stated and of the regularity
and correctness of such sale, and of all the proceedings prior thereto.

When the purchaser of any real estate sold for taxes, his heirs
or assigns, shall have obtained a deed therefor, and within sixty
days from the date of such deed shall have caused the same to be
recorded, such estate shall stand vested in the grantee in such deed
as was vested in the party assessed with the taxes (on account
whereof the sale was made) at the commencement of the year for
which the said taxes were assessed, notwithstanding any irregu-
larity in the proceedings under which the said grantee claims title,
unless such irregularity appear on the face of the proceedings.
Nothing herein contain shall be construed as affecting or limiting
the rights of the owner to show in any action or proceeding that
such real estate was not properly chargeable with the taxes and
levies for which it was sold, or that the taxes and levies properly
chargeable thereon had been paid.

Sec. 35. The purchaser of any real estate sold for taxes and not
redeemed, shall, after the expiration of two years from the sale,
obtain at his expense from the mayor, or such other officer as may
be designated by the town council, a deed conveying the same,
wherein shall be set forth what appears in the certificate of sale
furnished by the sergeant to the purchaser in relation to the sale.
When the purchaser has assigned the benefit of his purchase, the
deed may, with his assent, evidenced by his joining therein, or by
a writing annexed thereto, be executed to his assignee. If the pur-
chaser: shall have died, his heirs or assigns may move the circuit
court of King William county to order the mayor, or such officer
as may be designated by the town council, to execute a deed to such
heirs or assigns.

Sec. 36. Any infant, insane person, or persons imprisoned,
whose real estate may have been sold, or his heirs may redeem, by
paying to the purchaser, his heirs or assigns, within two years after
the removal of the disability, the amount for which the same was
sold, and the necessary charges.incurred by the purchaser, his heirs
or assigns, in obtaining the title under the sale, and such additional
taxes on the said estate as may have been paid by the purchaser, his
heirs or assigns, and the appraised value of any improvement that
may have been made thereon, with interest on the same items at
the rate of six percentum per annum from the time the same may
have been paid. Upon such payment within two years after the
removal of such disability, the purchaser, his heirs or assigns, shall,
at the cost of the original owner, convey to him or them, by deed
with special warranty, the real estate so sold.

Sec. 387. Fire department.—The town council shall have the
power to ordain and enforce such rules and regulations as shall be
necessary to prevent accidents by fire within the town, und to secure
the inhabitants thereof, and their property, from injury therefrom,
and to provide for the organization, equipment and government of
fire companies in said town, and to purchase and keep in order fire
engines and other necessary fire apparatus; also to appoint and pay
the necessary engineers and employees for said apparatus; they may,
also make such ordinances as may be necessary to compel citizens to
render assistance to the fire companies in case of need; they may also
appoint such assistant chief engineers as they may deem expedient,
and prescribe their duties.

Sec. 88. The fire department of the town of West Point shall
be under the general control of a board consisting of the chief en-
gineer and the assistant chief engineers of the fire department, said
board shall be known as the fire board, and may adopt rules and
by-laws for the government thereof, and also may establish, promul-
gate and enforce proper rules, regulations and orders for the good
of the government and discipline of the department; provided, that
such rules, regulations and orders shall not in any way conflict with
any ordinance of the town council, or any provisions of this act, or
the Constitution and laws of this State, or of the United States; nor
shall the said board make any expenditures, or incur any expenses
without the consent of the town council.

Sec. 39. Whenever any building in said town shall be on fire
it shall be the duty of, and be lawful for, the said chief engineer
to order and direct such building, or any other building which he
may deem hazardous and likely to communicate fire to other build-
ings, or any part of such buildings, to be pulled down and destroyed,
and no action shall be maintained against any person, or against
the town therefor. But any person interested in any such building
so pulled down and destroyed may, within three months thereafter,
apply to the town council to assess and pay the damages he has
sustained. At the expiration of three months, if any such applica-
tion shall have been made in writing, the town council shall either
pay the claimant such sum as shall be agreed upon by it and the
said claimant for such damages, or, if no such agreement shall be
affected, shall proceed to ascertain the amount of such damages in
the same manner as is now or may hereafter be provided for the
taking of lands for public purposes.

Sec. 40. The commissioners appointed to appraise and assess
the damages incurred by the said claimant, by the pulling down
or destruction of such building, or any part thereof, by the direc-
tion of the said officer of the town, as above provided, shall take
into account the probability of the same having been destroyed or
injured by fire if it had not been pulled down or destroyed, and
may report that no damage should equitably be allowed to such
claimant. Whenever a report shall be made and finally confirmed,
in said proceedings for appraising and assessing the damages, a
compliance with the terms thereof by the town council shall be
deemed full satisfaction of all said damages of the said claimant.

Sec. 41. Sinking fund.—For the redemption at maturity of the
water bonds, heretofore issued by the town of West Point, and such
bonds as may hereafter be issued by the said town, it shall be the
duty of the town treasurer to set aside annually such sums as the
town council may direct, not exceeding, however, five percentum. of
the par value of said bonds. The said sum so set aside shall be un-
der the supervision and management of a hoard of sinking fund
commissioners composed of the mayor and the finance committee;
and it shall be the duty of said board to invest the sum or sums
set aside from time to time, with interest thereon, for what, in their
judgment, may be to the best interest of the same; provided that
before any such investment shall have been made, it shall have the
approval of the town council therefor.

Sec. 42. The treasurer of the town shall keep a book or books
in which shall be recorded all receipts and disbursements of the
said sinking fund, and such other matters pertaining thereto as
may be prescribed by ordinance.

Sec. 48. Should any part of said sinking fund be needed for
town uses, the council may make application to the treasurer for the
same through the board of sinking fund commissioners; provided.
that the part of the sinking fund so borrowed shall be returned to
it before the end of the fiscal year in which it was borowed, with
interest thereon at the rate of five percentum per annum.

Sec. 44. Police department.—The sergeant of the town shall be
ex-officio chief of the police force, and, as such, shall exercise all
the powers within the said town of a policeman. It shall be his
duty to report to the mayor any failure on the part of the police
force to perform their respective duties.

Sec. 45. The salary of the policemen shall be determined by the
town council. They shall take such oath and give such bond as the
town council may ordain, and subscribe the same to be filed with
the town clerk. The police department shall be under the general
control and management of the mayor; he shall have charge of and
command the police force of the town, and all policemen shall be
appointed by the mayor, and may be removed as hereinbefore set
forth.

Sec. 46. AIl ordinances now in force in the town of West Point,
not inconsistent with this charter, shall be and remain in force
until altered, amended or repealed by the council of the said town.

2. All acts or parts of acts inconsistent with this act are hereby
repealed.