Chap. 354.—An ACT to amend and re-enact sections 2, 4, 8, and 13 of an act
approved January 22, 1892, entitled an act to amend and re-enact the charter
of the town of Marion, Virginia.

Approved February 15, 1900.

1. Be it enacted by the general assembly of Virginia, That sections
two, four, eight, and thirteen of an act approved January twenty-second
eighteen hundred and ninety-two, entitled an act to amend and re-enact
the charter of the town of Marion, Virginia, be amended and re-enacted
so as to read as follows:

€ 2. That the town of Marion be comprised in the following bound.
aries—to wit: Beginning at a point on the eastern end of the front wal.
of Hull and Staley’s dam; thence a straight line in a northeasterly direc-
tion to the eastern line of the land formerly owned by the Chilhowie iron
company; thence with said eastern line of said Chilhowie iron company
to the rock road; thence with the south side of said rock road to the
Norfolk and western railroad line; thence with said railroad line to a
stake in the west side of the Prater crossing; thence northwardly with
the west side of the Prater road to a stake on the west side of said road,
one hundred and fifty yards north of Mistress Mary Prater’s dwelling;
thence in a straight line to a white oak corner to Look and Lincoln and
V.S. Morgan’s land; thence a straight line to the division line between
Look and Lincoln and D. D. Hull, to a stake one hundred and twenty
poles north of the river; thence with said division line to the center of
the river; thence a straight line to the north side of the railroad line fifty
yards west of the private crossing of D. D. Hull, just west of his resi-
dence; thence in a southeast course to a white oak, corner of D. D.
Hull and William C. Pendleton’s lands; thence eastwardly in a straight
line to the southwest corner of S. D. Jones’ lot; thence a straight line
in a northeastly direction crossing Staley’s creek, to the southwestern
corner of J. M. Jones’ lot; thence with J. M. Jones’ southern line to its
intersection with the asylum land; thence with the line of the asylum
land, so as to include the asylum land, around to the western end of the
front wall of Hull and Staley’s dam; thence across the dam to the
beginning.

$4. That the said council shall hold an election biennially, on the
fourth Thursday in May, at which said election all persons living within
the then corporate limits of said town, who are, under the laws of this
state, entitled to vote, may elect one mayor, seven councilmen, one
recorder, and one sergeant, who are resident citizens and qualified voters
in said town, and twenty-one years old, and qualified to hold office under
the laws of this state, as oflicers of said town, whose term of office shall
be for two years, or until their successors have been elected and quali-
fied. The first election under this act shall be held on the fourth Thurs-
day in May, nineteen hundred; but if from any cause, the biennial
election herein provided shall not be held on the fourth Thursday in
May, it shall be the duty of the council of said town to order an election
as soon thereafter as may be practicable, after having given ten days’
notice of the time and place of holding the same. In case any two or
more persons voted for in such election for the office of mayor, shall
receive the same number of votes cast, and a higher number than any
other person voted for for said office, the Judges of said election, who
are hereby designated the commissioners of election of said town, shall,
immediately after canvassing the vote, ascertain, by lot, who shall be
declared elected to said office. And if two or more persons voted for at
said election for councilmen, recorder, or sergeant shall have received an
equal number of votes cast, said commissioner shall determine, by lot,
which of said persons shall be declared elected.

§ 8. That the council of the said town shall have power from time
to time to elect such officers as are not provided for by the constitution,
and, if necessary, to appoint, through the mayor, a police sufficient to
preserve order in said town, and to elect a treasurer and such other

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officers as may be necessary; to regulate the salaries of all officers of the
town, and to remove any of such officers according to law, and to appoint
others, and to require from any ofticer a bond, with approved security,
for the faithful performance of his duty; and that the sergeant for the
said town shall have the same power within the limits of said town, and
for two miles around the same, on all matters arising within said town
as a constable, perform the same duties, receive the fees, and be subject
to the same penalties prescribed by law as to constables. In collecting
the town taxes the sergeant or treasurer may distrain and sell therefor
in like manner as county treasurers, and shall have in other respects
like power to enforce the collection thereof.

§ 13. That the council of said town shall have power and authority to
assess, levy, and collect annually a tax on real and personal property
within said town, but the assessed value shall not be higher than the
assessment made on said property for state purposes, and on such other
subjects within said town as are or may be taxed by the revenue laws
of this state, and on dogs belonging to persons residing in said town,
and for the privilege of carrying on any regular business in said town
by persons who do not reside within the corporate limits of said town;
and the recorder of said town is authorized and empowered to extend
and make off the said taxes from the personal property books and land
books returned by the commissioner of the revenue for Marion magis-
terial district in Smyth county: provided, that the tax on real estate
and personal property shall not exceed in any one year one dollar on
every one hundred dollars value thereof, and that the noll-tax shall
not exceed fifty cents on each male person in any one vear.

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