Chap. 92.—An ACT to amend and reenact an act entitled an act to amend
the charter of the town of Chatham, in Pittsylvania county, approved
April 24, 1874, as amended by an act entitled an act to amend and re-
enact the charter of the town of Chatham, approved February 21, 1882,
as amended by an act entitled an act to amend and re-enact section 4
of the charter of the town of Chatham, approved March 16, 1908.

(S. B. 249.)
Approved March 13, 1914.

Be it enacted by the general assembly of Virginia, That an act
to amend the charter of the town of Chatham, in Pittsylvania
county, approved April twenty-fourth, eighteen hundred and
seventy-four, as amended by an act entitled an act to amend and
re-enact the charter of the town of Chatham, approved February
twenty-first, eighteen hundred and eighty-two, as amended by an
act to amend and re-enact section four of the charter of the town
of Chatham, approved March sixteenth, nineteen hundred and
eight, be amended and re-enacted so as to read as follows:

1. Be it enacted by the general assembly of Virginia, That
the town of Chatham, in the county of Pittsylvania, as the same has
heretofore been, or hereafter may be, laid off into lots, streets and
alleys, shall be, and hereby is, made a town corporate, by the name
of the town of Chatham, and as such shall have and exercise the
powers conferred upon towns by the Code of Virginia, edition of
eighteen hundred and eighty-seven, and acts of the assembly sub-
sequent thereto, and subject to all provisions of said Code and
subsequent acts and to those to be hereafter enacted in reference to
the government of towns, so far as the same are not inconsistent
with the provisions of this act.

2. The territory of said town shall be embraced in the follow-
ing boundaries, to-wit: Beginning at the depot of the Southern
railway where Hickey’s road crosses said railroad; thence the bed
of said railroad as it meanders northwest to branch known as
White’s spring branch; thence up said branch to a fork a short dis-
tance below White’s spring; thence up the right fork of branch to
its source, near Hodnett’s mill road, in the plantation of C. W.
Oliver; thence north a direct line to said Hodnett’s mill road; thence
said road to its intersection with the Gretna road; thence .a direct
line in a southeasterly direction to a ravine crossing the Halifax
road near the front gate leading into the premises of C. O. Pruden;
thence down said ravine to Tanyard branch; thence down said
branch to a point where the road now crosses the same near the
residence of the estate of H. Viccellio; thence in a westernly direc-
tion to a point of the Danville road at the southern corner of a lot
belonging to the estate of T. J. Patterson; thence with said Dan-
ville road toward the courthouse to the southern corner of the
property of J. H. Whitehead, on the west side of said road; thence
with the line of Whitehead in a westernly direction as far as White-
head’s line runs; thence from that point to the southwest corner of
Chatham cemetery lot; thence due west to the sald railroad; thence
up the bed of said railroad to the beginning.

3. On the second Tuesday in June, nineteen hundred and four-
teen, and every two years thereafter, there shall be elected by the
qualified voters of the town one elector of the town who shall be
denominated the mayor, and six other electors who shall be denom-
inated the councilmen of the town, and said mayor and councilmen
shall constitute the town council. They shall enter upon the duties
of their offices on the first day of September next succeeding their
election and shall continue in office until their successors are duly
qualified. Every person elected a councilman shall take an oath
faithfully to execute the duties of his office to the best of his judg-
ment. The person elected as mayor shall take the oath prescribed
by law for State officers. The failure of any person elected or
appointed under the provisions of this act to qualify or to take the
oath required, within the time prescribed for entering upon the
duties of the office to which he is elected or appointed. shall vacate
the said office, and the council shall proceed to fill such vacancy in
the manner prescribed in this act.

4. There shall be appointed for the town a registrar and officers
of election in the manner provided for by the general law of Vir-
ginia. and all elections held in said town shall be governed in
accordance with said general law; the electorate shall be that pre-
scribed by the general law.

5. The council of the town shall judge of the election. qualifica-
tion and return of its members; may fine them for disorderly con-
duct, and, with the concurrence of two-thirds, expel a member. If
any person returned be adjudged disqualified, or be expelled, a
new election to fill the vacancy shall be ordered by the council and
held on such day as it may designate by ordinance. Any vacancy
otherwise occurring during the term of any such persons shall be
filled by the council bv the appointment of any one eligible to such
office. A vacancy in the office of mayor shall be filled by the council
from the electors of the town.

6. The council shall have power to suspend or remove all other
town officers. whether elected or appointed, for misconduct in office
or neglect of duty, to be specified in the order of suspension or
removal; but no such removal shall be made without reasonable
written notice to the officer complained of and an opportunity given
him to be heard in his defence. But the person suspended or
removed, if elected by the people, shall have the right of appeal
to the circuit court of the county.

7. For the transaction of business by the council, four members
(of whom the mayor may be counted as one) shall constitute a
quorum.

8. The mavor of the town and the councilmen thereof shall each
be clothed with all the powers and authority of a justice of the
peace in criminal matters within the limits of said town and one
BERLIN MOY UE ULI SAMMY, SMALL MAVE PUWEE LU IDSUG PLUCCSS, Cal ald
determine all prosecutions, cases and controversies which may arise
under the resolutions and ordinances of the town; may impose fines
and inflict punishment when and wherever they are authorized by
such resolutions and ordinances, and may issue executions for the
collection of fines imposed; may commit an offender to jail or to
work upon the public works of the town until the fine and costs, or
the cost if there be no fine are paid. Appeals shall lie from the
decision of the mayor or councilmen to the circuit court of Pittsyl-
vania county in the manner provided by the general law,

9. The jurisdiction of the corporate authorities of the town in
criminal matters and for imposing and collecting license taxes on
shows, performances and exhibitions shall extend one mile beyond
the corporate limits of the town of Chatham.

10. The council may require the mayor to communicate to it
annually as soon as may be after the close of the fiscal year, or
oftener, if necessary, a general statement of the condition of the
town in relation to its government, finances and improvements, with
such recommendations as he may deem proper. He 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 examine such offi-
cers on oath. He shall have power to suspend all officers 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 sus-
pension of any such officer the mayor shall appoint some other
person in his place to hold such office and perform the duties thereof
‘until the next regular meeting of the council. At such regular
meeting the mayor shall report such suspension, together with his
reasons therefor.

11. The council shall, by ordinance or resolution, fix the time of
its regular meetings; but’a meeting may be called and convened by
the mayor in writing, or by any three members of the council in
writing, at any time; but at such called meeting no business shall
be transacted except such as may be plainly stated ‘in any such call,
and after notice to'each member of the council and to the mayor,
unless absent from town.

‘12. ‘The council may adopt rules for the regulation of its pro-
ceedings, but no tax shall be levied or corporate debt contracted
except by vote of two-thirds of the council, four votes being counted
as two-thirds, the mayor having no vote except in cases of a: tie,
which vote shall be taken by yeas and nays, and recorded on the
journal. It may appoint such committees as may be deemed proper
for the transaction of business, and may compel the attendance of
absent members. The mayor shall preside over the council, and
when he is absent the council may appoint a president pro tempore.
A journal shall be kept of its preceedings and at the request of any

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member the Veas and Nays sali ve PeCOraea Ol ally Question. sib Le
next regular meeting the proceedings of the previous meeting shall
be read and signed by the person presiding at the previous meeting,
or if he be not present when the same is read, then by the person
presiding when the same is read.

13. Every ordinance passed by the council for the violation of
which any penalty is imposed shall be published in such way as the
council may order, so as to give general. publicity thereto, and no
such ordinance shall become effective until the same shall have been
published either by hand bills, or in some paper published in the
county, as the council may deem proper. If the publication be by
hand bills a certificate of the posting of them shall be given by the
sergeant to the clerk of the council; provided, however, that after
the expiration of six months from the date of the passage of any
such ordinance its publication shall not be questioned, or its validity
affected by any failure to publish the same.

14. In addition to the powers conferred by other general stat-
utes, the council of the town shall have the 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 build-
ings necessary for the town; to provide a prison house and work-
house and employ managers, physicians, nurses and servants for the
same, prescribe regulations for their government and discipline and
for the persons therein; to prevent injury or annoyance from any-
thing dangerous, offensive or unhealthy, and cause any nuisance to
be abated; to regulate the keeping of gunpowder or other combus-
tibles, and provide magazines for the same; to provide places for
the interment of the dead near the town; to acquire or otherwise
obtain control of, or establish, maintain, operate, extend and enlarge
water works, gas works, electric light and power plants and other
public utilities within or without the limits of the town, for the
purpose of supplying the inhabitants of the town with water, yas,
light, power, and so forth, and for public use and such other pur-
poses as are permitted by the laws of the State; to acquire within or
without the limits of the town by purchase, condemnation or other-
' wise whatever land may be necessary for acquiring, locating, estab-
lishing, maintaining, operating, extending or enlarging said water
works, gas works, electric plants and other public utilities, and the
rights of ways, rails, pipes, poles, conduits or wires connected there-
with, or any of the fixtures or appurtenances thereof; to keep on
hand, sell and supply to customers of its electri¢ plant and water
works, without profit to the town, motors, lamps, electric fixtures,
heating devices and other material and supplies used by customers
of electric power or water; to lease, own, operate or maintain rock
quarries for the purpose of obtaining material for use upon the
public places or works of the town; to prevent the pollution of
water and injuries to water works, for which purpose its jurisdic-
tion shall extend to five miles above the same; and to protect from
State courts, the pipes. poles, wires, fixtures, land and other things
used in connection with the water works, gas works, electric plant
or other public utilities; to make, erect and construct, within or
without said town, drains, sewers, and public ducts, and to acquire
within or without said town, by purchase, condemnation or other-
wise, so much land as may be necessary to make, erect, construct,
eperate and maintain the same; to make regulations concerning the
building of houses in said town, and to establish and maintain parks,
playgrounds and boulevards. and cause the same to be laid out,
equipped or beautified. and in particular districts, or along par-
ticular streets, to prescribe and establish building lines, or to require
property owners in certain localities or districts to leave a certain
percentage of lots free from buildings, and to regulate the height
of buildings; 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. concrete or stone
ond mortar, and provide for the removal of any buildings or addi-
tion erected contrary to such prohibition; to provide for the weigh-
ing and measuring of hay, coal or any other articles of sale and
regulate the transportation thereof through the streets; to protect
the property of the town and its inhabitants and preserve peace and
good order therein: and to promote the general welfare of its inhab-
itants. For carrying into effect these and its other powers, it may
make ordinances, by-laws. and resolutions, and prescribe fines and
other punishments for violation thereof; keep a town guard, main-
tain a chain gang, appoint a collector of its taxes and levies, and
such other officers as it mav deem proper. define their powers, pre-
scribe their duties and compensation. and take from any of them
a bond, with sureties. in such penalties as the council may deem fit,
payable to the town by its corporate name, and with condition for
the faithful discharge of the said duties.

All fees, penalties and imnvrisonments shall be recovered or en-
forced under the judgment of the mayor, or the person exercising
his functions, for the benefit of the town, and in the case of a fail-
ure to pay any fine or any costs imposed by such judgment, the
offender may, in the discretion of the trial officer, be required to
work the same out upon the public works of the town.

15. The council shall not take or use any private property for
streets or other public purposes without making to the owner thereof
just compensation for the same: but in cases where the council shall
fail to obtain by agreement title to any ground, or an easement
therein, for such purnose. the council may apply to and obtain from
the circuit court of Pittsvlvania county authority to condemn the
same, which shall be applied for and proceeded with according to
law.
16. In any case where a street of the town or other public place
has been or may be encroached upon by any fence, building or other-
wise, the council may require the person responsible for such
encroachment to remove the same; and if such removal be not made
within the time fixed by the council, the mayor may impose a pen-
alty of not exceeding five dollars for each day it is allowed to con-
tinue thereafter, and may cause the encroachment to be removed
and collect from the person responsible therefor the cost of remov-
ing the same in the manner provided for the collection of taxes and
levies. No encroachment upon any street, sidewalk or public place,
however long continued. shall constitute an adverse possession or
confer any right upon the person claiming thereunder or against
the town.

17. Any street or alley reserved in the division or sub-division
into lots of any portion of the territory within the corporate limits
of said town by plat or plan of record shall be deemed and held to
be a dedication to the public use, unless it appears by the record that
street or alley so reserved is designed for private use only. When-
ever any street or alley in the town shall have been opened to and
used by the public for a period of five years, the same shall thereby
become a public street or alley, and the council shall have the same
authority and jurisdiction over and right and interest therein as it
has by law over the streets and alleys laid out by the council or
otherwise opened or dedicated.

18. The council, in the name and for the use of the town, may
contract loans, incur debts and cause certificates of debt on bonds
to be issued, whenever two-thirds of its members by a recorded
vote decide that it is to the interest of the town to do so, but such
council may only borrow money to the extent prescribed by the
Constitution and laws of Virginia. But said council shall issue no
bonds or certificates of debt until it shall have first submitted to
the qualified voters of said town the question of whether or not
such bonds shall be issued and a majority of the qualified voters
voting at any election held for such purpose shall have voted for
such issue. Such elections shall be held under the provisions of
the general laws of the State of Virginia, except the council shall
have the power to call such elections and fix the dates thereof by
ordinance, copies of’ which shall be published in some newspaper
published in said town and posted at least five days before such
election in at least three public places in the town by the sergeant.
thereof. The judges conducting any such election shall certify the
returns to the clerk of the circuit court of the county of Pittsyl-
vania and to the said council, not to the judge of the circuit court
of said county.

19. Any bonds which may be issued under this act may be
either registered or coupon bonds; they shall be issued in such
denominations and bear such rate of interest, not exceeding six
percentum as may he determined by the council; they shall be made
payable at such time as the council may prescribe, 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 prescribe;
the interest thereon may be made payable at such place as the coun-
cil may designate either annually or semi-annually. The council
may exempt such bonds from town levies. All bonds issued under
this act shall be signed by the mayor and countersigned by the clerk
of the council, with the seal of the town attached; they shall be
sold in such manner as the council may prescribe, and the proceeds
from such sale used and expended under the orders of the council.

20. In addition to the levy on property provided for in this
act, the council may make such other levy as may be necessary to
pay the interest and provide a sinking fund for any bonds to be
hereafter issued; but this section does not authorize any such addi-
tional levy to pay the interest or create a sinking fund for any
bonds now outstanding issued by said town or its council.

21. The town of Chatham and the taxable persons and prop-
erty therein shall be exempt from paying any county or district
road tax for any year the town shall, at its own expense, keep its
streets in order.

22. There may be elected by the council at its first meeting in
September after its election, or as soon as practicable thereafter,
a treasurer, who shall hold his office for such time as the council
has, or may hereafter provide by ordinance. He shall give such
bond, with surety, and in such penalty as the council may prescribe.
Any vacancy in this office shall be filled by the council.

23. The treasurer shall collect and receive all money belonging
tu the town, except the council may have the license taxes collected
and paid to him; he shall have his office in some convenient place
in the town. He shall keep his books and accounts in such manner
as the council may direct, and such books shall always be subject to
the inspection of the mayor, any member of the council, or any
committee thereof or any tax payer of the town. The treasurer
shall receive such compensation as the council may from time to
time allow subject to general law, but his salary or rate of com-
mission shall not be decreased during his term of office without his
consent.

24. The treasurer shall make such reports and at such times as
the council may prescribe, showing a full and detailed account of all
receipts and expenditures made by him covering any given period.
He shall keep a register of all warrants paid, their dates, amount,
number, to whom paid and from what fund paid; all such warrants,
and any other payments, shall be examined by the finance com-
raittee of the council, which committee shall compare such warrants
with the books of the treasurer and report any discrepancies, if any,
to the council.

25. No money shall be paid out by the treasurer except by order
of the council upon a warrant of the clerk countersigned by the
mayor.

26. The treasurer shall collect all taxes and levies and assess-
ments (except the council may make other provisions for collection
of license taxes), and for the purpose shall be vested with all the
powers of county treasurers. He shall keep a separate account of
the several funds and appropriations and the debits and credits be-
longing to them.

27. The council may, in its discretion, designate the place of
deposit of town funds. All funds in the treasurer’s hands shall be
kept separate from his own funds and he is hereby prohibited from
using, directly or indirectly, any town funds or warrants for his
own benefit, or the benefit of any other person or persons.

28. There may be elected by the council at its first meeting in
September after its election, a clerk of the council, who shall hold
office during the pleasure of the council. He shall attend the meet-
ings of the council and keep a record of its proceedings. He shall
keep all papers required to be kept by the council, shall publish such
reports and ordinances as the council is required by this act to
publish and such other reports and ordinances as the council may
direct, and he shall do and perform such other duties as the council
may from time to time require. Any vacancy in this office shall
be filled by the council. The council may, in its discretion, com-
bine the offices of treasurer and clerk of the council and cause the
duties of the two offices to be performed by one person.

29. There shall be elected by the council at its first regular
meeting in September after its election, or as soon as practicable
thereafter, a sergeant who shall be chief of police also, and who
shall hold office for such term as the council has, or hereafter may
prescribe by ordinance. His duties shall be such as the council
may prescribe and his compensation shall be fixed by the council;
but his salary shall not be decreased during the term of his office,
without his consent. Any vacancy in this office may be filled by
the mayor until the council convenes, but for the unexpired term
such vacancy shall be filled by the council at the first meeting after
any such vacancy may occur.

30. <All councilmen and other municipal officers shall hold their
respective offices for the term for which they are elected or ap-
pointed and until their successors shall have qualified.

31. The assessment of the real and personal property in the
town, for the purpose of municipal taxation, shall be the same as
the assessment of such property for the purpose of State taxation,
where there is a State assessment of such property.

32. In addition to the State tax on any license, the council may,
when anything for which a license is so required is to be done
within said town, impose a tax for the privilege of doing the same
and require a license to be obtained therefor; and in addition thereto
may levy a tax on insurance agents, fertilizer agents and other per-
sons, firms or corporations whose principal office is not located in
said town, if such person, firms or corporations do, or offer to do,
business in said town; on public theatricals or to other perform-
ances of a public nature, on shows, on hawkers and peddlars, to
agents renting or selling real estate; and on the business of 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, farmers may sell the pro-
ducts from their farms in said town without a license. The juris-
diction of the corporate authorities of said town for imposing and
collecting a license tax on saloons, shows, performances and exhibi-
tions shall extend one mile beyond the corporate limits of said town:
it being the purpose of this section to give 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, and whether herein specifically enumerated or not.

38. The town council shall annually cause to be made up and
entered on its journal an account of all sums lawfully chargeable
on the town which ought to be paid within one year, and shall order
a town levy of so much as, in its opinion, is necessary to be raised
in that way for the several funds of the town, in addition to what
may be received for licenses and other purposes; but such levy shall
not exceed the sum of one dollar on the one hundred dollars assessed
value of the property taxed. The levy so ordered may be upon the
male persons in the town above the age of twenty-one years, upon
the property therein, on such other subjects as may at the time be
assessed with State taxes, and upon dogs. The council may add
penalties for failure of any person to pay taxes at the time pro-
vided for by ordinance of the council, and there shall be a lien for
all taxes assessed which may be enforced as provided for by the
general laws of the State.

But the council may, by a two-thirds vote of the body, counting
four members as two-thirds, exempt real and personal property used
for manufacturing purposes or other enterprises from all taxes for
municipal purposes for a period of not exceeding ten years, if it
shall deem it expedient to do so in order to encourage the estab-
lishment of such enterprises therein.

34. The persons now holding offices in said town shall continue
to hold the same until their terms expire by operation of Jaw, or
under the ordinances of the town or the general law and until their
successors shall have duly qualified; and all ordinances and laws
in force at the time of the passage of this act, or affecting or relat-
ing to the town, so far as consistent therewith, and all rights, lia-
bilities, actions, claims, contracts and prosecutions arising there-
under, shall remain and continue as if this act had not been passed.

35. All ordinances now in force in the town not inconsistent
with this act, the laws of this State and of the United States, shall
be and remain in force until altered, amended or repealed by the
council of said town.
36. An emergency existing by reason of a change in the reve-
nue, as provided for in this act, for the fiscal year beginning Feb-
ruary first of this year, this act shall be in force from its passage.