Chap. 171.—An ACT to provide a new charter for the town of Abingdon
Virginia, and to repeal all other acts with reference thereto.

In effect January 22, 1900.

1. Be it enacted by the general assembly of Virginia, That so muck
land, together with the improvements thereon, as is included in the fol:
lowing described boundary lines—to wit: Beginning on the south side of
the main road ten poles cast of the northeast corner of the lot purchased
by G. V. Litchfield and others of Mistress Rosalie 8S. Humes by deed
dated the first day of August, eighteen hundred and eighty-three; thence
south twenty-five and a half degrees, east fifty -eight poles and nine
links to a planted stone in Humes’ field; thence south sixty-seven and a
half degrees, west four hundred and forty poles to a planted stone in
Hurt’s field; thence north twenty-five and one-half degrees, west one
hundred and nine poles and six links to a planted stone in the Abingdon
academy field; thenee north sixty-seven and a half degrees, east four
hundred and forty poles to a planted stone in Thomas W. White’s eleven
acre lot; thence south twenty-five and a half degrees, east fifty poles
and twenty-two links to the beginning, shall be and constitute the town
of Abingdon, in the county of Washington, and may sue and be sued
In and hy that name; and the inhabitants thereof shall have and exercise
the following powers and_ privileges:

2. The said town shall keep its streets and alleys in order and in good
repair, and shall provide for and take care of its poor; and for so doing
said town and its inhabitants shall be free and exempt from road levies
or road taxes, and shall not be required to work on any of the roads
nor any section or part thereof in said county.

. The administration and government of said town shall be vested
me one principal officer, to be stvled the mayor, one board, to be styled
the council of the town of Abingdon, and in such other boards and
oflicers as are hereinafter mentioned or may he provided by the council.

4. The municipal officers of said town shall consist of one mayor, ten
councilmen, a treasurer, and sergeant.

The election for mayor and councilmen shall be held on the fourth
Thursday in May, nineteen hundred, and every fourth year thereafter.

The mavor and councilmen elected under this act shall enter upon the
duties of their respective oflices the first day of July succeeding the
election and shall hold office for two years.

All persons in office at the time of the passage of this act shall con-
tinue in oflice until the first day of July succeeding the first election,
held under this act, or until their successors are elected and qualify,

6. ‘he mayor and other municipal ollicers of said town, before enter-
ng upon the duties of their respective oflices, shall be sworn in according
io the laws of the state by any one authorized to administer oaths. If
ny person elected or appointed to any oflice in said town shall neglect
o take such oath for a period of thirty days after receiving notice of
is election or appointment, or shall, for the like period of time, neglect
9 give such bond and surety as may be required, he shall be considered
1s having declined said oflice, and the same shall be declared vacant, and
such vacancy shall be filled by the council by election or appointment, as
the case may require.

7. The council shall fix the salary and fees of the mayor, treasurer,
sergeant, and such other officers appointed or elected under this act,
which shall not be diminished during their term of office.

8. The council shall, at its first meeting after election, or as soon
thereafter as practicable, elect one of its members to act as president of
the council, who shall, in the absence of the mayor, preside at all mect-
ings of the council, and have and exercise all the powers, authority, and
duties of the mayor. It shall appoint a treasurer and such other officers
as it may deem proper and necessary, and may, in its discretion, appoint
or employ an attorney to represent the said town in all suits or legal
matters concerning the same, and fix his fees for any and all services he
may be called upon to perform, define their powers and prescribe their
duties, and fix their compensation; and may take from any officer or
oilicers so appointed or elected a bond with surety, to be approved by it
in such penalty as it may deem proper, payable to the said town in its
corporate name for the faithful performance and discharge of such
duties. It may suspend or remove all officers so appointed or elected,
for good cause shown at its pleasure. In case of a vacancy or vacancics
occurring in municipal officers where it is not herein provided for, the
council shall elect a qualified person to fill such vacancy during the
unexpired term.

9. The council may, in their discretion, appoint a board of health
of the town, and invest it with authority for the prompt and efficient
performances of its duty.

10. The council shall, by ordinance, fix the time of its meetings. It
shall have authority to adopt such rules as it may deem proper for the
regulation of its proceedings and convenient transaction of its business:
to compel the attendance of its members; to punish its members for dis-
orderly behavior, and, by a vote of three-fourths of the whole council,
expela member. The meetings of the council shall be open to the public.
except when the public welfare, in its opinion, requires secrecy.

11. A majority of the council shall constitute a quorum for the trans.
action of business; but no ordinance or resolution shall be adopted hav-
ing for its object the levying of taxes or appropriation of moneys, except
by a vote of two-thirds of the council.

12. The mayor shall, by virtue of his office possess all the power
authority and jurisdiction of justice of the peace of Washington county
and shall be entitled to charge and receive fees for service rendered a:
such justice of the peace as if he was not paid any salary as mayor of sai¢
town.

He shall preside at all meetings of the council, appoint a sergeant anc
assistant sergeant. Said sergeant shall have the same powers, and dis
charge the same duties, as constables of Washington county, within th
corporate limits of said town and to the distance of one mile beyond thi
same, and shall be entitled and charge and receive fees for services ren
dered as such constables as if he was not paid any salary as sereeant o
said town. And the mayor shall see that all ordinances of the town ar
faithfully enforced.

He shall have power to veto any act of the council, and the same shal
not become an ordinance without his approval in writing, or until it has
received two-thirds of the vote of the entire council upon and after his
disapproval.

He shall have 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 oflices, and may suspend or remove such
oflicers for misconduct or neglect of duty subject, however, to the ap-
proval of a majority of the council.

In case a vacancy shall occur in the office of mayor from any cause,
the president of the council shall perform all the duties of the office
until such vacancy is filled by an election by the council for the unex-
pired term of such mayor.

13. When an otlicer to whom an execution for a fine and costs, or
either, shall be directed, cannot find goods and chattels belonging to the
defendant suflicient to satisfy such execution, he shall make return
thereof to the clerk of the council, who shall thereupon issue a capias
pro fine against the said defendant for the amount of such fine and costs,
or so much thereof as may then be unpaid, and deliver it to such officer
for execution. ‘The clerk shall have the same fee allowed clerks of
courts of record for similar services.

14. The council shall have, subject to the provisions of this act, the
control and management of the fiscal and municipal affairs of the town,
of all property, real and personal, belonging to said town; and may make
such ordinances, orders, and by-laws, and regulations as it may deem
necessary to carry out the following powers, which are hereby conferred
upon it:

To establish a market or markets for said town, and appoint proper
oflicers therefor.

To establish, erect, and provide in or near said town suitable buildings
for work-houses, houses of correction, and reformation, and houses for
the reception and maintenance of the poor and destitute, for the officers
of the town, and for the confinement of prisoners, and to purchase and
hold lands necessary upon which to erect such buildings.

To close or extend, widen or narrow, lay out, graduate, grade, curb,
and pave, and otherwise improve the streets, alleys, and sidewalks, to
macadamize its streets, and have them kept in good order and properly
lighted; and over any street, or alley, in said’ town which has been, or
may be, deeded or conveyed to the town it shall have like power and
authority as over other streets and allevs; and it may prevent or remove
any structure, encroachment, or obstruction over, under, upon, or in
any sidewalk, street or alley, and may permit shade trees to be planted
along said streets, or alleys in said town.

To regulate and prescribe the location and building of all houses and
sheds, factories, shops, or other buildings, and order the removal of any
building, or buildings, fence or other obstruction condemned as dan-
gerous in any way by the committce of safety, saving to any person the
right of appeal to the council of said town: provided, such appeal shall
be taken within fifteen days from the date of the report of such con-
demnation.

To determine and designate the route and grade of any railroad to be
laid in said town, and to restrain and regulate the rate of speed of loco-
motive engines and cars, or either, upon the railroads within said town;
and may prescribe and enforce by fine, not exceeding twenty dollars for
each offense, the erection of such cattle guards or other means of pro-
tecting stock within the corporate limits of said town.

To require and compel the abatement of all nuisances within said
town at the expense of persons causing the same, or the owner, or owners,
of the ground whereon the same shall be; to prevent and regulate
slaughter-houses, soap, and candle factories, hog-pens, privies, stables,
or the exercise of any dangerous, offensive or unhealthy business, trade
or employment; to regulate or prevent the storing of gunpowder, coal
oil, camphene, nitroglycerine, or other combustibles, and to prohibit the
sale and use of fireworks within said town.

‘T’o prevent hogs, dogs, and other animals running at large in said
town, and subject the same to such regulations and taxation as it may
deem proper.

To prevent riding and driving of horses, or other animals at an im-
proper or dangerous speed, throwing stones, or engaging in any employ-
ment, or sport, on the streets, or alleys, dangerous and annoying to the
citizens, and to prohibit and punish the abuse and cruel treatment of
horses or other animals in said town.

To restrain and punish drunkards, vagrants, and street beggars; to
preserve the peace and good order of the town, prevent and quell riots,
disturbances and disorderly conduct and assemblages; to suppress houses
of ill-fame and gambling-houses; prevent and punish indecent and lewd
conduct on the streets, and may require such persons to give bond, with
approved security in a penalty not exceeding the sum of one hundred
dollars, for their good behavior during a term of twelve months, and
upon failure to give such bond may commit such persons to prison for a
term not exceeding twelve months.

To punish for contempt of court, releasing or attempting to release
a prisoner, or interfering in any manner with an officer in the exercise
of his official duties, by a fine not less than two dollars and fifty cents
nor more than twenty dollars.

To prevent the carrying of concealed weapons, and to punish any
person for violation of such ordinances by a fine not exceeding twenty
dollars.

To prevent the coming into town of persons having no visible means
of support.

To prevent, forbid and punish the illegal selling of spirituous, or malt
liquors, wines, or any mixture thereof by fine not exceeding twenty dol-
lars and imprisonment not exceeding ninety-days for each offense; pro-
curing or soliciting orders for liquor for another shall be deemed a sale
under this section.

15. There shall be a lien on all goods and chattels and real estate for
taxes assessed thereon from the beginning of the year for which they are
assessed. The council may require real estate returned delinquent for the
non-payment of taxes and assessments to be sold for such taxes and as-
sessments, with interest at the rate of six per centum per annum, from
the time when such taxes or assessments become due and payable, and
such per centum for charges as it may prescribe, not to exceed five per
centum of such taxes; such sale to be made in accordance with the
state law.

16. For the execution of its powers and duties the council may raise
by taxes annually, by assessments in said town, all subjects taxable ‘by the
state, on dogs, drays, wagons, carts, hacks, and other wheel vehicles, and
shooting galleries, such sums ul money as it may deem necessary to defray
the expenses of the town, and in such manner as it may deem expedient.

Where, by the provisions of this act, the council has authority to
pass ordinance upon any subject, it may prescribe any penalty, not ex-
ceeding twenty dollars fine, and may provide that, upon failure to pay
fine and costs, the offender may be nnprisoned and worked on the streets
and alleys of the town until such fine and costs are paid, reserving to the
person convicted the right of appeal to the county court of Washington
county, in all cases wherein the fine exceeds the sum of ten dollars.

18. ‘The treasurer of the town shall have a mght to appoint an assist-
ant, who shall have the same power and authority as an assistant county
treasurer.

19. The general Jaw for the government of cities and towns in the
commonwealth shall continue in force in said town of Abingdon, except
in so far as the same are modified or repealed by this charter.

20. All ordinances now in force in said town not in conflict with this
act shall remain in force until repealed by said council.

21. All acts and parts of acts in conflict with this are- hereby repealed.

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