Chap. 141.—An ACT Appropriating a Sum of Money for Heating the
Building of the Eastern Lunatic Asylum by Steam, —

Approved March 6, 1872.

1. Be it enacted by the general assembly of Virginia, That
a sum not exceeding twenty thousand dollars be and is hereby
appropriated to the Eastern Lunatic Asylum, for the purpose
of heating the building of that institution by means of steam,
to be paid upon the order of the board of directors of said
asylum,'as the same may be necessary to pay for the execution
of the work.

2. This act shall be in foree from its passage.
Ounap. 142.—An ACT to Amend the Charter of the City of Lynchburg.
Approved March 6, 1872.

I. Be it enacted by the general assembly, That the territory
contained within the limits prescribed by the act approved
December nineteenth, eighteen hundred and seventy, and en-
titled an act to extend and define the boundaries of the city of
Lynchburg, and by any act hereafter passed by the general
assembly of this state, shall be deemed and taken as the city
of Lynchburg; and the inhabitants of the city of Lynchburg,
for all purposes for which towns and cities are incorporated in
this commonwealth, shall continue to be one body politic, in
fact and in name, under the style and denomination of the city
of Lynchburg, and, as such, shall have, exercise, and enjoy all
the rights, immunities, powers and privileges, and be subject
to all the duties and obligations, now incumbent and apper-
taining to said city as a municipal incorporation.

Il. The government of the said city shall be vested in a
mayor, a board called the council of the city of Lynchburg,
and such other boards and officers as are hereinafter provided
for.

If. Whenever any special election shall be ordered by the
city council, for any object not provided for in the general
election laws of the state, they shall communicate their order
for the same to the jndve of the corporation court, and the
game proceedings shall be had as are provided by law for spe-
cial elections to fill vacancies in any municipal office.

IV. The election of municipal officers, hereinafter men-
tioned, except as otherwise provided, shall be held on the
fourth Thursday in May, eighteen hundred and seventy-two,
and on the fourth Thur slay in May in every second year
thereafter, and said elections shall be conducted under the
provisions of the general election laws of the state.

V. In case of vacancies arising in any municipal office herein-
after mentioned, except as otherwise provided, it shall be the
duty of the council to certify the same to the judge of the
corporation court, who shall issue his writ for election to fill
such vacancy or vacancies in the manner prescribed by the
general election laws of the state.

VI. The mayor and members of the city council, before
entering upon the duties of their respective oftices, shall be
sworn in accordance with the laws of this state. Such oaths
may be administered to the mayor elect by any judge of a
court of record commissioned to hold any such court within
said city, and the members of the city council may be sworn
by the mayor, being himself first sworn as aforesaid, or by any
judge of any court of record as aforesaid; and a certificate of
such oaths having been taken, shall be filed with the clerk of
the council and entered upon the journal of the council. Every
other person appointed or elected to any office under this act,
or under any law or ordinance of the city, shall, before he enters
upon the duties of said office, take and subscribe the necessary
oaths before the mayor, and a certificate of the same shall be filed
m the office of the clerk of the council. If any person ap-
pointed or elected to any office in said city shall neglect to
take such oath for thirty days after receiving notice of his elec-
tion or appointment, or shall neglect for the hike space of time
to give such securities as may be required of him by the city
council, as hereinafter provided, or as may be hereafter required
by any law or ordinance, his oflice shall be deemed vacant, and
another appointment or election shall be made.

VII. The mayor shall be elected by the qualified voters of
the city of Lynchburg, for the term of two years, and until
his successor shall be elected and qualified; and no person
shall be qualified to hold the oftice of mayor except such as
shall be qualified to hold office under the constitution of Virgi-
nia. His salary shall be paid by the city council, payable ‘at
stated periods, and, when fixed, shall so continue until changed
by the council: provided, that such salary, after it has been
once fixed, shall not be diminished during the term for which
the mayor then in ofiice shall have been elected ; and provided,
that he shall receive uo other compensation or emolument from
the city for his services.

VIII. He shall possess all the jurisdiction, and exercise all
the powers and authority, 11 criminal cases, of a justice of the
peace of said city, in addition to the powers hereby given hin
by virtue of this act, or that may hereafter be given lim by
act of assembly.

IX. It shall be his duty to communicate to the council an-
nually, or oftener if he shall deein it expedient, or be required
by the council so to do, a general statement of the situation
and condition of the city, in relation to its government.
finances and improvement, with such recommendativns as he
may deem proper.

X. He shall exercise a constant supervision over the conduct
of all officers elected by the people or appointed by the council.
have power and authority to investigate their acts. have access tc
all books and documents in their offices. and m: ly ex amine said
officers and subordinates on oath. He shall have power to sus:
pend or remove such officers for misconduct in office or neglect
of duty, to be specitied in the order of suspension or removal ;
but no such suspension or removal shall be made without rea
sonable notice to the officer complained of, and an opportunity
afforded him to be heard in his defence. On the removal o1
suspension of any officer, the mayor shall report the same.
with his reasons therefor, to the council, at its next regula
meeting

XI. In case of the misconduct in office of the mayor, he
shall be liable to indictment for such misconduct, by the grand
jury for the corporation court of said city, at any time during

is term of office. When indicted, he shall be immediately
tried by the judge of the corporation court for said city, whe
may, alter a full and fair hearing of the case, suspend or re.
move him from office, subject to ‘the approval of the governol
of the state. He shall, moreover, be liable to a civil suit for
damages at the hands of any officer or officers suspended or
removed by him under the provisions of the tenth section of
this act.

AIL. In case of the absenee, indictment, or other invbility
of the mayor, the president of the council, or such alderman
of the city as may be desivnated by the council, shall act as
mayor, and shall possess the same powers and discharge the
same duties as the mayor during such absence or inability.

AIIS. In case a vacancy occurs in the oftice of mayor, the
same shall be fitled by appointment by the judge of the corpo-
ration court, until the next general election, when the vacancy
shall be filed by election for the unexpired term. Whenever
the words “general election” oceur in this act, they shall be
construed to mean the elections ordered by the constitution
and laws of this state, to be held on the fourth Thursday in
May, and the first Tuesday after the first Monday in Novem-
ber, of each year.

XIV. The council of the city of Lynchburg shall be com-
posed of fifteen members, each ward being represented by five
councilmen, who shall be residents of their respective wards,
not less than twenty-one years of age. They shall be elected
by the electors of their respective wards, and shall hold their
oftices for two years. The next election of councilmen shall
be held on the fourth Thursday of May, eighteen hundred and
seventy-three.

XV. In case of any vacancy in the city council, by death,
removal from the city or ward, resignation, or athervwise, the
council shall elect a qualitied person to fill the vacancy for the
tmmexpired term.

XVI. The council shall elect one of its members to act as
president, who shall preside at its meetings, and when he shall,
from any cause, be absent or unable to act, they may appoint
a president pro tempore. The president, or president pro tem-
pore, who shall preside when the minutes of a previous meeting
are read, shall sign the same. The president may, at any time,
call a meeting of the council, and, in case of his absence, ina-
bility or refusal, the council may he convened by the order, in
writing, of any three members of the council, addressed to the
chief of police. The members of the city council shall receive
no compensation for their services as councilmen.

XVII. The council shall have authority to adopt such rules,
and appoint such officers, as they deem proper and necessary,
for the regulation of their proceedings and the convenient
transaction of business; to compel the attendance of absent
members; to punish members for disorderly behavior ; and, by
a vote of two-thirds of their whole number, to expel a mem-
ber for misconduct in office. They shall keep a journal of
their proceedings, and their meetings shall be open.

AVIIL A majority of the members of the council shall con-
stitute a quorum for the transaction of business; but on all
appropriations of money, imposing taxes or borrowing money,
the ayes and nays shall be entered on the journal. No vote
shall be rescinded or reconsidered at a special mecting unless
there be then present 2s many members as were present when
such vote was taken. No ordinance, resolution, or motion,
which creates, continues or revives any appropriation of
money or property, or releases, discharges or commutes any
claim or demand of the city, shall have any force or effect un-
less the same shall receive the votes of a majority of all the
members elected to the city council.

XIX. The city council shall have, subject to the provisions
herein contained, the control and management of the fiscal and
municipal affairs of said city, and of all property, real and
personal, belonging to said city; and may make such ordi-
nances, orders and by-laws relating to the same, as it shall
deem necessary and proper. It shall likewise have the power
to make such ordinances, by-laws, orders and regulations as it
may deem desirable and necessary to carry out the following
powers, which are hereby vested in said council:

1. To establish markets and appoint officers therefor, as
well as enforce the necessary regulations to prevent huckster-
ing, forestalling or re-grating.

2. To provide in or near the city suitable work-houses,
houses of correction and houses for the reception and mainte-
nance of the poor and destitute, as well as to regulate and
control said houses.

3. To erect and keep in order all necessary public buildings,
including a city jail, and to open and regulate public squares
and parks.

4. To establish or enlarge water works or gas works, within
or without said city; to contract with the owners of land for
the use or purchase thereof, or may have the same condemned
for the location or enlargement of said works, or the pipes or
fixtures thereof. They may protect from injury or pollution,
by proper penalties, said works, or anything connected there-
with, within or without said city, and may, under this autho-
ritv, prevent the pollution of the water in the river, by pro-
hibiting the throwing of filth or offensive matter therein, under
proper penaltics.

5. To close, extend, widen, narrow, lay out, graduate, im-
prove, and otherwise alter the streets and public alleys in said
city; have properly lighted and kept in good order; make or
construct sewers, or public ducts, through the same, or where-
ever else they may deem expedient; build bridges in, or cul-
verts under, said streets or alleys; prevent or remove obstruc-
tions over, under or in the same; plant shade trees along the
same; prevent the cumbering of streets, alleys, walks, public
squares, lanes or bridges, in any manner whatever.

6. To determine and designate the route and grade of any
railroad to be laid in said city, and to regulate the speed of
engines and cars upon the railroads within said city, and
may wholly exclude the same, provided that no contract be
thereby violated.

7. To regulate the breadth of tires upon the wheels of
wagons, drays, and other vehicles of heavy draught used upon ,
the streets of said city: provided, this shall not apply to
vehicles coming into and not owned in said city.

8. To require spirituous liquors, wine, oils, molasses, vine-
gar, and spirits of turpentine, in casks, to be guaged and in-
spected; to provide for the weighing of hay, fodder, oats,
shucks, or other long forage, and to provide for the measuring
of corn, oats, grain, coal, stone, wood, lumber, potatoes, and
other articles of sale or barter.

9. To require every merchant, or trader in property of any
description, which is sold by measure or weight, to have his
weights and measures sealed by a city sealer, under suitable
penalties.

10. To provide or aid in the support or maintenance of pub-
lic free schools.

11. To grant aid to military companies organized within the
city; to associations for the advancement of agriculture or the
mechanic arts; to fire companies; to scientific, literary, or be-
nevolent societies, and to public libraries: provided, that all
such associations shall be located in or near the city of Lynch-
burg.

12. To secure the inhabitants from contagious, infectious, or
other dangerous diseases; to establish a quarantine ground ;
to provide and maintain hospitals; to compel the removal of
patients to the same; to appoint and organize a board of
health, with the necessary authority efliciently to discharge its
duties.

13. To take the necessary measures to prevent accidents by
fire, and especially to organize, equip and govern fire compa-
nies, and to appoint a fire marshal and assistants, with all
powers now, or hereafter to be, vested in such officers; and to
purchase and keep in order fire engines and other apparatus.

14. To provide, in or near the city, lands to be improved
and kept in order as burial places for the dead, and may regu-
late and charge for the use of ground in the same; may pro-
hibit the burial of the dead in the city except in the public
burial grounds, and may regulate the same; and to require
the return of bills of mortality by the keepers of all cemeteries
in or near the city.

15. To compel the abatement and removal of all nuisances
within the city, at the expense of the person or persons caus-
ing the same, or the owner or owners of the ground whereon
the same shall be; to prevent or regulate slaughter-houses,
tan-yards, soap and candle factories, ‘Within said’ city, or the
exercise of any dangerous, offensive, or unhealthy business or
employment therein; and to regulate the tr: ausportation of
coal and other artacles through the streets of the city.

16. If uny ground in said city is subject to be covered by
stagnant water, or if the owner or occupier thereof permit
any offensive or unwholesome matter to remain or acctunulate
thereon, the council may cause such ground to be filled up,
raised or drained or cause such substance to be removed or
covered, and collect the expense of so doing from the owner or
occupier, in the same manner in which taxes leviel cn real es-
tate in said city are collected: provided, that reasonable notice
shall have been given to said ownef, occupier or agent, and
provided, that in the case of non-resident owners having no
agent in the city, four weeks notice shall be given by publica-
tion in some newspaper of the city.

17. To direct the location of all buildings for storing gun-
powder or other combustible substances; to regulate the sale
and use of gunpowder, fire-crackers, fire-works, kerosene oil,
nitro-glycerine, camphene, burning fluid or other combustible
material; to regulate the exhibition of fire-works, the discharge
of fire-arms, the use of candles and lights in barns, stables and
other buildings, and the making of bonfires in streets and
yards.

18. To prevent hogs, dogs and other animals from running
at large in the city, and to subject the same to such taxes,
regulations and confiscations as they think proper, and to pro-
hibit the keeping or raising of hogs in said city.

19. To prevent the riding or driving of horses or other ani-
mals at improper speed; to prevent the flying of kites, throw-
ing stones or engaging in any sport or employment in the
public streets or alleys which is dangerous or annoying to
passengers; and to prohibit and punish the abuse of animals.

20. To restrain and punish drunkards, vagrants, mendicants,
and street beggars.

21. To prevent vice and immorality; to preserve public peace
and good order; to prevent and quell riots, disturbances and
disorderly assemblages; to suppress houses of ill fame and
gaming houses; to prevent lewd, indecent and disorderly con-
duct or exhibitions in the city, and to expel therefrom persous
guilty. of such conduct who have resided therein less than
one year.

22. To prevent the vending or other disposition of liquors
and intoxicating drinks, to be drunk in any boat, store or other
place not duly licensed; to forbid the selling or giving to be
drunk, any intoxicating liquors to any child or minor without
the consent of his or her parents or guardians: and to impose
fines for the violation of any such ordinance additional to those
prescribed by state laws.

23. To prevent the coming into the city from beyond the
limits of the state of persons having no ostensible means of
support, or of persons who may be dangerous to the peace and
safety of the city; and for this purpose, may require any rail-
road company, or the captain of any boat, bringing such pas-
sengers to Lynchburg, to enter into bond, with approved secu-
nity, that such persons shall not become chargeable to the city
for one year, or may compel such company or captain to take
them back from whence they came and compel the persons to
leave the city if they have not been in the city more than ninety
days before the order is given.

24. To grant or refuse licenses to auctioneers, and require
taxes to be paid on their licenses in addition to state taxes, and
to regulate sales at auction within the city; to grant or refuse
licenses to theatrical performances or other public shows or
exhibitions, to require taxes for and regulate the same; to
grant or refuse licenses to’owners or keepers of drays, wagons,
carts, hacks or other wheeled carriages kept for hire; to require
licenses to be taken out for the same, impose taxcs on and regu-
late the same; to grant or refuse licenses to hawkers, pedlars,
and persons selling goods by sample, and to require taxes for
the same; to grant or refuse licenses for keeping billiard tables,
ten-pin alleys and pistol galleries for profit; to impose taxes on
and regulate the same; to require any agent of an insurance
company, whose principal office is located outside of this city,
to obtain a license before he shall establish or keep any office,
or transact any business of his agency, within this city, and to
pay a tax on such license and a per centage on premiums re-
ceived; to grant or refuse licenses to agents for the sale or
renting of real estate and to impose a tax thereon.

25. To appoint a city engineer, prescribe his duties, term of
office and compensation. The office and powers of said engi-
neer shall be the same as those of a city surveyor, in addition
to such other duties as the council may attach to said office.
He shall have such assistants and clerks as the council may
allow and approve, but such assistants or clerks shall be subject
to removal by the mayor or council.

26. To compel persons sentenced to confinement in the jail
of the city, for petit larceny, ofher misdemeanors or violations
of the city ordinances, to work on the public streets of the
city, or be sent to the poor house, there to perform such labor
as the overseers of the poor may direct.

27. To establish, construct, keep in order, alter or remove
buildings, wharves or docks, on land belonging to the city, and
may levy and collect a reasonable tax or duty on boats or cars
coming to and using the same, and may regulate the manner
of using other wharves and landings within the corporate
limits.

XX. The council may impose penalties for the violation of
this act or any of the ordinances of the city not exceeding
three hundred dollars for one offence, or ona failure to pay
said penalty, an imprisonment in the city jail for any term not
exceeding three months. If the penalty be above one hundred
dollars, it shall be prosecuted in the corporation court; but
any claim to a fine or penalty under this act or any ordinance
of the city, if limited in amount to not exceeding one hundred
dollars and any other claim against the city, or any person
therein if it does not exceed one hundred dollars, exclusive of
interest, shall be cognizable in the mayor's court, and his judg-
ment shall be final in all civil cases where the matter m con-
troversy, exclusive of costs, does not exceed twenty dollars.

XXI. No ordinance hereafter passed by the city council for
the violation of which any penalty is imposed, shall take effect
until the same shall have been published for three successive
days in at least two of the daily newspapers of said city, to be
designated by the council: provided, that this regulation shall
not take effect until the first day of July, eighteen ‘hundred and
seventy-two. A record made by the clerk of the council, or a
copy of such record, certified by him, shall be evidence of the
time of such first publication. Whenever it is necessary to
introduce any law, regulation or ordinance of the city as evi.
dence, the same may be read either froma copy certified by
the clerk of the council or from the volume of ordinances pub.
lished by authority of the city.

AAIL. The council shall not take or use any private property
for streets or other public purposes without making just com.
pensation for the same to the owner or owners thereof. But
where the city cannot, by. agreement, obtain title to ground
necessary for its purposes, it shall be lawful for it to apply
to and obtain from any judge of the county or corporation in
which said land is situated authority to condemn the same ac.
cording to law.

XXIII. The mayor shall hold a court to be called the
“mayors court” every day except Sunday, to take cognizance
of such cases as may be brought before him under the ordi.
nances or laws of the city. In addition to the powers of the
mayor as a justice of the peace, his jurisdiction shall extend ta
all breaches of the peace committed within the space of one
mile without and around the corporate limits of said city, which
jurisdiction shall also be granted and allowed to the several
aldermen of said city. Inallinfractions of the city ordinances,
except where the constitutionality or validity of such ordi-
nance is involved, or as otherwise provided in section twentieth
of this act, his power shall be final...

XXIV. The council shall grant and pay to all city officers,
clerks or employees, elected or appointed under or in pursu-
ance of this act, such salary or compensation. as the city coun-
cil may, from time to time, deem proper, or as shall be fixed
by this or any other act of assembly hereafter enacted.

XXYV. No person shall be eligible to any office of the city.
unless he be a resident of the city, and the removal beyond
the limits of same corporation by any officer shall ‘vacate his
office.

XXVI. There shall be elected by the qualified voters of the
city of Lynchburg, on the fourth Thursday of May, eighteen
hundred and seventy-three, and every third year thereafter, one
city treasurer, who shall hold his office for the term of three
years and until his successor be elected and qualified, unless
sooner removed from office. He shall give bond with sureties
in the penalty of not less than fifty thousand dollars, said bond
to be approved by the city council and filed in the office of the
clerk of the corporation court. He shall perform such duties,
have such powers and be liable to such penalties as are now or
may be hereafter prescribed by existing laws or ordinances.

XXVIL There shall be chosen by the city council, during
the month of July, eighteen hundred and seventy-two, and an-
nually thereafter, during the month of July, unless the city
council shall otherwise ordain, one collector of city taxes, who
shall hold his office for the term of one year, and until his suc-
cessor 1s elected and qualified, unless sooner removed from
office. He shall give bond with sureties to be approved by the
council in the penalty of not less than forty thousand dollars,
said bond to be filed in the office of the clerk of the corpora-
tion court of said city. He shall perform such duties, have
such powers and be liable to such penalties, as are now or may
be hereafter prescribed by existing laws or ordinances. In
case of a vacancy occuring in his office, the city council shall
elect a qualified person to fill the unexpired term of the same.

XXVIII. There shall be elected by the qualified voters of
the city of Lynchburg, one city sergeant, who shall hold his
office for the term of two years, and until his successor be
elected and qualified, unless sooner removed. He shall give
bond, with sureties to be approved by the council, in the pen-
alty of not less than thirty thousand dollars. Said bond to be
filed in the office of the clerk of the corporation court for said
city. He shall perform such duties, have such powers and be
lable to such penalties as are now or may be hereafter pre-
scribed by existing laws or ordinances.

XXIX. There shall be elected by the qualified voters of the
city of Lynchburg, one commissioner of the revenue, who shall
hold his office for the term of two years and until his successor
be elected and qualified, unless sooner removed. He shall give
bond with sureties to be approved by the council, in the pen-
alty of not less than ten thousand dollars, said bond to be filed
in the office of the clerk of the corporation court for said city.
He shall perform such duties, have such powers, and be liable
to such penalties as are now or may be hereafter prescribed by
existing laws or ordinances.

AXX. There shall be elected by the qualified voters of the
city of Lynchburg, one high constable, who shall hold his office
for the term of two years, and until his successor be elected
and qualified, unless sooner removed from office. He shall
give bond, with sureties to be approved by the city council, in
the penalty of not less than five thousand dollars, said bond
to be filed in the office of the clerk of the corporation court of
said city. He shall perform such duties, have such powers, and
be subject to such penalties as are now or may be hereafter
prescribed by existing laws or ordinances.

AXXI. The city treasurer, city collector, city sergeant, com-
missioner of the revenue and high constable may each appoint

one or more deputies, to be approved by the city council, but
the sureties on the bonds of said officers shall be equally ha-
ble for the acts of deputies as for those of their principals.

XAXIT. There shall be elected by the qualified voters of the
-eity of Lynchburg, one attorney for the commonwealth for said
corporation, who shall hold his office for the term of two years
and until his successor be elected and qualified, nnless sooner
removed from office. He shall perform such duties, have such
powers and be subject to such penalties as are now or may be
hereafter prescribed by existing laws or ordinances.

AXXITI. There shall be elected by the qualified voters of
the city of Lynchburg, on the fourth Thursday of May, eigh-
teen hundred and seventy-six, and every sixth year thereafter,
one clerk of the corporation court, who shall also be the clerk
of the circuit court for said city, who shall serve for six years, '
and until his successor be elected and qualified, unless sooner
removed from office. He shall give bond, as clerk of the cor- |
poration court, with sureties to be approved by the city coun-
cil, in the penalty of not less than ten thousand dollars, said
bond to be filed with the clerk of the city council. He shall:
receive for his services, the fees and emoluments which are now
or may be hereafter allowed to clerks of circuit and county
courts.

XXXIV. There shall be elected by the qualified voters of
the city of Lynchburg, four aldermen for each ward of said
city, who shall be residents of their respective wards and shall
be elected by the voters thereof, and shall hold office for the
term of two years, and until their successors be elected and
qualified unless sooner removed from office. The said alder-
men shall be conservators of the peace within the limits pre-
scribed by the twenty-third section of this act. They shall
have the same powers and duties within said limits in criminal
cases as are now or may be hereafter allowed by law to justices
of the peace in the several counties of this state. In civil
cases, their jurisdiction shall be confined to the corporate limits
of said city, and within said limits shall be equal and co-exten-
sive with that of the mayor of said city as regulated by the
twentieth section of this act. The next election of aldermen
shall be held on the fourth Thursday of May, eighteen hun-
dred and seventy-three.

XAXAV. The parties to official bonds taken in pursuance of
the provisions of this act, their heirs, devisees, executors and
administrators, shall be subject to the same proceedings on
said bonds for enforcing the terms and conditions thereof, by
motion or otherwise, before the circwit court for the city of
Lynchburz. or the corporation court of said city, or any other
courts heli in said city which may succeed to their civil com-
mon law jurisdiction, that collectors of the county levy or their
sureties are or shall be subject to in their bonds for enforcing
payment of the county levies.

AXXVI. The police department of the city of Lynchburg
ahall be under the general contro] and management of the po-
lice commissioners thereof, who shall consist of the mayor, the
president of the city council and the judge of the corporation
court of said city, and shall constitute a board of police com-
missioners for said city, of which board the mayor shall be
president. Said board may adopt rules and by-laws for their
own government, and may also establish, promulgate and en-
force proper rules, regulations and orders for the good govern-
ment and discipline of said police force: provided, such rules
and regulations do not conflict with any ordinance of the city
or any of the provisions of this act, or the constitution and
laws of this state or the United states.

1. The said police commissioners, after taking the oath of
office as such, shall meet at the office of the mayor at such
time as may be expedient, and as they shall, from time to time,
designate, or as the mayor may, in wniting, appoint. They
shall perform the duties of said office without any compensa-
tion, emolument or salary therefor from the city.

2. It shall be the duty of said police commissioners, at as
early a day as practicable, to select from among the electors
of said city, and to appoint, by warrant of appointment, bear-
ing the signatures of all three of said commissioners, and to
be immechately filed with the clerk of the city council, one chief
of police, who shall nominate so many permanent policemen,
officers and patrolmen as may be authorized by the city coun-
cil, said nominations to be approved by said commissioners.
Through the chief of police said board may promulgate all
rules, regulations and orders to the whole police force, and he
shall have immediate direction and control of said force, sub-
ject, however, at all times, to the rules, regulations and orders
of said board, and to the orders of the mayor: provided, that
orders of such single commissioner do not conflict with the
rules, rezulations or orders of said board then in force; and
said chief and each other member of said force, appointed as
aforesaid, shall hold his office or place during the term of two
years, or until said board, for malfeasance or misfeasance in office,
shall remove him, but in case of misconduct on the part of the
clief or any other member of said force. then he may be re-
moved by the votes of two-thirds of the city council.

3. Incase of emergency, said commissioners, or © majority
of them, or any one of them if the others be absent from the
city or unable to act, may appoint temporarily, without author-
ity from the council, such number of additional policemen as
shall, for the time appear to hin or them to be necessary; not,
however, to extend beyond the time of the next regular meet-
ine of the city council.

4. The mayor, at any time, upon charges being preferred, or
upon finding said chief or any other member of said police
force to have been giulty of misconduct, shall have power to
suspend him from oftice until the board of commissioners shall
convene and take action in the matter: provided, that no per-
son shall remain so suspended for a longer period than ten
days without an opportunity of being heard in his defence ;
and upon hearing the proofs in the case a majority of said
commissioners may discharge or restore said member in
accordance with the decision of the majority of such
board thereon; and the pay or salary of said member
shall cease during the time of suspension, unless otherwise or-
dered by said board in their written decision of the case, which
shall be filed with the clerk of the city council; and any
violation of the rules, regulations or orders of said board, or
the orders of any superior, shall be good cause for suspension
or dismissal.

5. The salary or pay of siid chief and policemen shall be
determined by the city council, and all bills of expense on ac-
count of the police department shall be audited by at least two
of said commissioners.

6. The said chief, and every policeman appointed as afore-
said, shall have issued to him a warrant of appointment, signed
by all the members of the board and countersigned by the
clerk of the city council, stating the date of his appointment,
which shall be his commission; and he shall take such oath as
the city council may ordain,‘and subscribe the same in a book
Kept for that purpose by the clerk of the council.

The said chief and policemen shall generally have power
to do Whatever muy be necessary to preserve the good order
and peace of said city, and to secure its inhabitants from per-
sonal violence and their property from loss and injury. Such
number of said foree as the board of commissioners shall
designate shall, in crimiial cases, have the same powers and
duties, and be subjeet to the same penaltics, prescribed by law
as to constables.

8. The said board may prescribe such uniform and badges
for the police force as they deem proper, and also dir ect in
What manner they shall be armed. And if any person other
than a member of the police force shall publicly wear such
uniform or ba:lyes, he may be punished by such fine, not ex-

coutlings one himdr ed dollars, as the city council may ordain.

As soon as said board of commissioners shall have etitered
apon the discharge of their duties, and appointments of police
are male in the manner herein provided, then all the policemen
and the chief of police, who shall be in service previous thereto,
shall immediately vacate their respective offices, unless re-
appointed as herein provided.

XXAAVIL For the execution of its power and dutics, the
council miy tax all real and personal property in the city, and
not exempt by law from taxation; all corporations located in
the city. or having their principal office therein, and not exempt
by law from taxation ; ; all moneys owned by, or credits due to,
any person living in the city ; all capital of persons having a
place of business in the city, and doing business therein, and
employed in said business, though the said business may ex-
tend beyond the city: provided, that so much of said capital
as is invested in real estate, or employed in the manufacture of
articles outside the city limits, shall not be taxed as capital; all
stocks in incorporated joint- stock companies, doing business in
the city, and by whomsoever owned, and not exe empt by law
from taxation; incomes, interest on money, dividends of banks
or other corporations owned by persons living in the city: pro-
vided, that no capital, interest, income or dividends shall be
taxed when a license or other tax 1s imposed upon the business
in which said capital is employed, or upon the principal money,
eredits or stocks from which the interest, income or dividend
is derived; nor shall a tax be imposed at the same time upon
stock of a corporation and upon the dividends thereon. ‘The
council may also impose a tax of fifty cents per annum upon
each male resident of the city who has attained the age of
twenty-one years.

XAXVIII. The council may impose a tax on keepers of or-
dinaries, houses of entertainment, public or private boarding
houses, public eating houses, coffee houses, lager beer or other
drinking saloons, or cook shops; upon agents to rent out
houses; upon dealers in horses or mules, and agents to sell
cattle, sheep, or hogs; upon keepers of livery stables; upon
brokers, lawyers, physicians and dentists; upon persons who
keep daguerrean, photograph, or ambrotype galleries, and all
persons who take pictures by light; upon all persons who sell
or barter any patent, specific or quack medicines; upon all
sellers of wine, spirituous or fermented liquors; upon all man-
ufacturers, merchants, traders or shopkeepers; and upon any
other persons or employment on whom or which the state may
at the time have imposed a license tax; and as to all persons
or employments embraced in this section the council may lay a
direct tax, or may require them to take out a license under
such regulations as they may prescribe and levy a tax thereon;
but the taxes hereby authorized shall be subject to the provis-
ions of section thirty-eight of this act. The council may sub-
ject any person or persons who, without having obtained a
license therefor from the council, shall do any act or follow
any employment or business in said city, for which the council
is or shall be authorized to grant a lhcense, to such fine or
other penalty as they are authorized to inflict or impose for the
violation of their ordinances. And it is hereby expressly de-
clared that the taxing power of said council, within the boun-
daries of said city, shall extend to any and all subjects, real
and personal, which are now or may be hereafter taxed by the
general assembly of the state of Virginia, for the purposes of
state revenue.
AXXIX. The council may, on the petition of the owner or
owners of not less than one-fourth of the ground included in
any square of the city, prohibit the erection in such square, of
any building, or addition to any building, unless the outer
walls thereof be made of brick and mortar, or stone and mor-
tar, and provide for the removal of any such building or addi-
tion which shall be erected contrary to such prohibition, at the
expense of the builder or owner thereof; and may: provide for
the regular and safe building of houses in said city; and if
any building shall have been commenced before said petition
can be acted on by the council, or if a building in progress
appears clearly to be unsafe, the council may have such build-
ing taken down, at the expense of the owners thereof. The
council may also, for the purpose of guarding against the
calamities of fire, designate and prescribe from time to time,
such parts of said city as it shall think proper, within which no
buildings of wood shall be erected, and enforce such prohibi-
tion by. proper penalties.

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

XLI. It shall be the duty of the clerk of the corporation

e court of said city, annually, between the first and fifteenth
days of January, to furnish the commissioner of the revenue
for said city, a certified list of all transfers of real estate which
have been made in his office during the preceding twelve
months.
XLII. The council may vest in the collector of the city taxes
and assessments for the use of water, any or all of the powers
which are now, or may be hereafter vested in any collector of
state taxes, and may be prescribe the mode of his proceeding,
and the mode of proceeding against him for the failure to per-
form his duties. No deed of trust or mortgage upon goods or
chattels shall prevent the same from being ‘distrained and sold
for taxes assessed against the grantor in such deed, while such
goods and chattels remain in the grantor s 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.

XLUOYI. There shall be a lien on real estate for the city taxes
assessed thereon, from the commencement of the year for which
they are assessed. The city council may require real estate in the
city, delinquent for the non-payment of taxes, to be sold for
said taxes, with interest thereon, and such per centum as they
may prescribe for charges; and they may regulate the terms
on which real estate, so delinquent, may be redeemed: pro-
vided, that all such sales shall be made subject to the prior
lien of the commonwealth for taxes.

XLIV. The council may, in the name and for the use of the
city, contract loans, or cause to be issued certificates of debt
or bonds, but such loans, certificates, or bonds, shall not be
irredeemable for a period greater than thirty-four years: pro-
vided, however, that they shall not contract such loans or issue
such certificates of debt or bonds for the purpose of subscrib-
ing to the stock of any company incorporated for a work of
internal improvement or other purposes, without first being
authorized so to do by three-fifths of the legal voters of the
city voting on the question, and the council shall, when such
debt or loan is created, provide a sinking fund for the payment
of the same. Neither shall the city endorse the bonds of any
such company without the same authority.

XLV. There shall be set apart from the resources of the
city a sum equal to one per centum per annum on the aggre-
gate debt not payable within one year, whether contracted
heretofore or hereafter. The fund thus set apart shall be called
the sinking fund, and shall be applied to the payment of the
debt of the city as it shall become due, and if no part be due
and payable, it shall be invested in the bonds or certificates o:
debt of the city, or of this state, or of the United States, o1
of some state of this Union.

XLVI. The council shall not appropriate any part of the
sinking fund, or its accruing interest, otherwise than as men
tioned in the preceding section, except in time of war, insur
rection, or invasion.

XLVII. The council may appoint such other officers, it
addition to those provided for by this act, as they may deen
proper and necessary, and may define their powers and pre
scribe their duties and compensation; and may take from them
or any of them, such official bonds as to it may seem fit. Th
council may also abolish any office, whether created by this ac
or the ordinances of said city: provided, that no office estab-
lished by the constitution of the state, or by an act approved
May twenty-fifth, eighteen hundred and seventy, entitled “an
act for the government of cities and towns of five thousand
inhabitants or over,” shall be abolished by the council.

ALVIII. The city of Lynchburg and its inhabitants shall
be exempt from all assessment of levies in the way of taxes
imposed by the board of supervisors of Campbell county for
ay purpose whatever, except upon property in the county of
Campbell owned by the inhabitants of said city, nor shall said
inhabitants be Hable to serve upon juries in said county.

ALIX. All acts and parts of acts, inconsistent with this act
are hercby repealed, and all acts and parts of acts, in any way
concerning said corporation, and the mehts of the people
thereof, or any of them, not inconsistent with this act, shall
be in as full foree, to all intents aud purposes, as if this act
had never been passed.

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