Chap. 611.—An ACT to provide a new charter for the city of Bristol, and to
repeal all other acts or parts of acts or charters in conflict therewith.

Approved March 65, 1900.

1. Be it enacted by the general assembly of Virginia, That the
corporate limits of the city of Bristol, Virginia, shall be, and are hereby,
established as follows:

Beginning on the state line, between the states of Virginia and Ten-
nessee, at the point where Beaver creek crosses said line on Main street,
between the towns or cities of Bristol, Tennessee, and Bristol, Virginia,
and running thence east along said state line for the distance of one
mile; thence running a due course north for the distance of one
mile; thence running west parallel with said state line for the distance
of two miles; thence running a due course south to the said state line;
and thence along said state line east to the beginning.

And the same shall be, and is hereby, made a city corporate under
the name of the city of Bristol, and as such shall have, exercise and
enjoy ali the rights, immunities, powers and privileges, and be subject
to all the duties and obligations incumbent on or pertaining to said
city as a municipal corporation.

2. The city shall be divided into three wards, as follows: The first
ward shall consist of all that portion of the city lying west of the
following line: Commencing at the intersection of Main and James
streets, and running thence along the middle of James and Johnson
streets to the termination of the same; and thence a straight line to
the corporation limits on the north; the second ward shall consist of all
that portion of the city lying east of the first ward and west of the
following line: Commencing on Main street at the intersection of Main
and Front streets and running thence along the middle of Front and
Russell streets to the termination of the same; and thence a straight
line to the corporation limits on the north; the third ward shall con-
sist of all that portion of the city lying east of the second ward. The
city council shall have the power to re-arrange and increase but not
to diminish the number of wards of said city.

3. The administration and government of said citv shall be vested
in one principal officer to be stvled as mavor, and one board to be called
the council of the city of Bristol, and in such other boards and officers
as are hereinafter mentioned or may be provided by the council,
4. The municipal officers of said city shall consist of a mayor, 4 treas-
urer, nine councilmen, a clerk of a court of hustings or corporation, an
attorney for the commonwealth, a sergeant, a commissioner of the
revenue, one justice of the peace from each ward, and one constable for
the city and such other officers as may be hereinafter provided for or
appointed by the council.

5. The mayor, sergeant, commonwealth’s attorney, commissioner of
the revenue, justices of the peace, and constable, chall be elected by
the qualified voters of the city on the fourth Thursday in May, nine-
teen hundred and every two years thereafter; the treasurer shall be
elected by the qualified voters of the city on the fourth Thursday in
May, nineteen hundred and tw o, and every three years thereafter; the
clerk of the corporation court shall be elected by the qualified voters of
the city on the fourth Thursday in May, nineteen hundred and two,
and every six vears thereafter.

6. There shall be elected on the fourth Thursday in May, nineteen
hundred, nine members of the city council, three of whom shall be from

each ward. Six members of said council, two of whom shall be from
each ward, shall he elected for two years; three members of said council,
one of whom shall be from each ward shall be elected for three vears,
with their term of office beginning Julv first, nineteen hundred and one,
and thereafter there shall be elected biennially at the general city elec-
tion on the fourth Thursday in May, six members of the city council,
three for the terms of two vears and three for the terms of four vears;
each ward shall he represented in an equal number of short and long
term members of the eouncil.

7. The election of all the feregoing officers shall be held at the court-
house of said city under and pursuant to the general laws of the state,
and the persons receiving the highest vote for city councilmen in each
ward shall be declared elected, and the person receiving the highest
vote for justice of the peace in each ward shall be declared elected,
and in all other cases the persons receiving the highest number of
come shall be declared elected.

The term of office of said officers shall begin on the first day of
Tuiy snececding their election.

9. The council shall at its first meeting in July of each year elect
a chicf of police, who shall hold office for one year, and may elect a
clerk of the council as hereinafter provided, who shall hold office for
two vears, or until their successors qualify, and it may at anv time elect
a city engineer, a citv attorney. an auditor, a collector of city taxes, a
street commissioner and a water commissioner, and may elect such other
officers as it mav deem expedient for the proper conduct of the affairs
of the city, and prescribe their salaries, duties and terms of office;
any office which the citv council has the power to create it may at anv
time for good cause abolish, whether the term of office of the incumbent
has exnired or not.

10. No person shall he cligible to any municipal office in said city
unless he is a qualified voter thereof, nor shall any person be capable
of holding at the same time more than one of the offices mentioned in
this act, except as hereinafter provided, and removal from the city of
any one holding a municipal office shall vacate said office; no member

> 1
"~\Acle
of the common council shail hereafter be elected to any oilive or employ-
ment in the choice of said council so long as he is a member of said
council.

11. The officers elected by the council may be removed from oflice
for cause after a proper investigation and hearing; in case of any
vacancy occurring in any municipal ollice where it is not herein other-
wise provided, the said council shall elect a qualified person to fill said
office during the unexpired term.

12. It shall not be lawful for any member of the council or any other
officer or agent, or any commissioner appointed for the opening of
streets, or any member of a committee constituted or appointed for the
management, regulation, or control of corporate property of this city
to be a contractor with the said corporation or its agents, or with such
committee for any work or labor ordered to be done, or goods, wares,
and merchandise, or supplies of any kind ordered by the said corpora-
tion, or by such committee to be purchased, or in any manner, directly
or indirectly, to be interested in the profits of any such contract. Every
such contract shall be void, and the officer, agent, or member of such
committee making such contract shall forfeit to the city the full amount
stipulated for thereby. No officer of the city, who alone or with others
is charged with the duty of auditing, settling or providing hv levy
or otherwise for the payment of claims against such city shall by con-
tract, directly or indirectly, become the owner of or interested In any
claim against such city. Every such contract shall be void, and if anv
such claim be paid, the amount paid with interest may be recovered back
by the city within two years after payment by action or motion in the
circuit or corporation or hustings court having jurisdiction over said
city.

13. Any person holding a municipal office and vacating the same on
account of removal or otherwise shall deliver over to his successor in
office, or to the city clerk, all property and hooks and papers belonging
to the citv or appertaining to such office which may be in his possession
or under his control, and in case of his failure to do so within ten days
after he shall have vacated the office, or within such time thereafter
as the council shall elect and upon notification or request of the city
clerk, he shall forfeit and pav to said city the sum of five hundred dol-
lars, to be sued for and recovered with costs, and all books, records,
and documents used in such oflice by virtue of anv provision of this act
or of any ordinance or resolution of the council, or by order of anv
superior officer of said city, shall be deemed the property of said ciiv
and as appertaining to said office, and the incumbent of such office
and his sureties shall be responsible therefor.

14. All officers provided for in this act and all officers elected by
the council shall, before entering upon the discharze of their duties,
execute bond, payable to the city of Bristol, in such penalty as said
council may prescribe, conditioned for the faithful discharge of their
respective duties; all sureties to be residents of the state of Virginia,
except well-known and responsible surety companies: provided, that
the provisions of this section shall not apply to councilmen, the mavor,
justices of the peace, city attorney, overseers of the poor, and the city
physician and board of health.
15. (a) The mayor and all other municipal oflicers of said city, be-
fore entering upon the duties of their respective offices, shall be sworn
in accordance with the laws of the state by any one authorized to admin-
ister Oaths under the laws of the state. lf any person elected or ap-
pointed to any office in said city shall neglect to take such oath for
thirty days after receiving notice of his election or appointment, or
for the like space of time, neglect to give such sureties as may be re-
quired of him by the council, he shall be considered as having declined
said office, and the same shall be declared vacant, and such vacancies
shall be filled as prescribed by section eleven of this chapter or as here-
inafter otherwise provided.

(b) The oath herein provided to be taken by all officers shall be re-
duced to writing, and the party taking the same shall, in the presence
of the officer administering said oath, subscribe to the same, and the
fact of his taking the oath, the date thereof, and the genuineness of his
signature shall be certified to by the oflicer administering the oath, and
the said oath, together with the certilicate, shall be carried to the clerk
of the corporation court, and he shall endorse the date received and file
the same as part of the record in said ollice, in a suitable file or book
which he shall keep for that purpose. No oflicer shall be considered
qualified, and the term of oflice shall be deemed vacant unless the
oath therein directed is filed as herein provided.

16. The mayor.—It shall be the duty of the mayor to enforce the
laws and ordinances of the city and all orders and resolutions of the
council. He shall see that the duties of the various city officers are
faithfully performed. He shall have power to investigate their acts
and have access to all books and documents in their ollice. He shall
also have power to remove or suspend any subordinate municipal officer,
whether he be elected by the qualified voters of the city or by the coun-
cil, 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 notice to the officer complained of and an oppor-
tunity afforded him to be heard in his defense. When the mayor shall
remove or suspend any officer, he shall report the facts, with his reasons
therefor, to the council at the next regular meeting, but in no case shall
such removal be final until ratified by two-thirds of the whole council.

17. In case of the absence or inability of the mavor the president of
the council, or in his absence or inability the president pro tempore
of the council, shall act as mayor, and shall vossess the same powers and
discharge the same duties as are possessed and discharged by the mayor,
during such absence or inability.

18. It shall be his duty to communicate to the council at the end
of each fiscal year or oftener if he be required by said council, a gen-
eral statement of the condition of the city in relation to its government,
finances and improvements with such recommendations as he may deem
proper, and he shall have power to call a mecting of the council when-
ever he deems it necessary.

19. The mayor of said city may be removed upon information or
presentment by the hustings court for the city of Bristol upon proof
of malfeasance or misfeasance in office, which court shall, at the time
of such removal, appoint his successor.

"rADKOle
20. He shall have power to appoint and swear in special policemen,
whenever the public safety demands it, who shall have such powers as
regular policemen. No ordinance or resolution of the council shall be-
come a law, and no resolution making an appropriation shall be bind-
ing until approved and signed by the mayor. In case of his disapproval
he shall return the same to the council with his reasons therefor in
writing, and the council then shall have the right to pass such ordi-
nance or resolution over his veto by a vote of two-thirds of all the
members of the council. In case the mayor either fails to approve or
disapprove an ordinance or resolution within ten days after it has been
presented to him, it shall become a law.

21. ‘The mayor’s salary shall be two hundred and fifty dollars per
vear, payable annually, and he shall receive no other compensation or
emoluments whatever and he shall perform the duties of police justice,
and when acting as such police justice he may collect such fees as are
allowed by law to a justice of the peace and such fees as are hereinafter
provided for, and his salary shall not be diminished during his term
of office.

22. He shall, by virtue of his office, be police justice, and while
acting as such, possess all the jurisdiction and exercise all the powers
and authority, both in criminal and civil cases, of a justice of the peace
of said city, and for one mile bevond the corporate limits of said city,
in addition to the powers hereby given him by virtue of this act: pro-
vided, however, that in every case tried by the said mayor, arising either
under the general laws of the state or the ordinances of Bristol, there
shall be an appeal of right to the hustings court of said city whenever
the fine and costs shall amount to a sum in excess of ten dollars, the
proceedings upon such appeal to be the same as are provided for in the
case of appeal from a justice of the peace.

23. (a) The mayor shall have control of the police force for the
purpose of maintaining peace and order, and executing the iaws anc
ordinances of the city, and shall exercise a constant supervision ove!
the conduct of all subordinate officers. He shall preside at all meeting:
of the council, but shall have no vote therein.

(b) The said mayor shall be present at the annual settlement of th
finance committee with the treasurer and the chief of police and the
quarterly settlement with the water commissioner. He shall at any anc
all times have access to all papers and books in the care and custody o
any city official. Ile shall exercise supervision over the accounts, th
acts, and doings of the city clerk and the account of the clerk of th
corporation court in so far as the revenues of the city is involved. H.
shall audit the account of the clerk of said court to that extent and shal
determine and ascertain that the said clerk had given the city prope
credit with the collection of all city delinquent taxes, and the taxes 01
all deeds and other sums collectible by him. He shall supervise th
books and account of the city clerk and see that the same are kept i)
the manner and method prescribed by this act and as the council ma
direct. He shall examine the accounts kept by the clerk with all cit
officers and shall report any failure of duty on the part of the clerk o
any other officer, and take such action thereon as is provided by this ac
or the city ordinances.
(c) If the mayor shall decide that he does not want to act as police
justice he shall report that fact to the council, and upon his recommen-
dation the council may elect some person who shall act as said police
justice with all the powers and privileges herein conferred on said police
justice. And in that event the mayor’s salary shall be one hundred and
fifty dollars per year, and the council may provide an ex officio salary for
said police justice not to exceed one hundred dollars per year.

(d) 1f the mayor fails or refuses to perform any of the duties re-
quired of him by this charter he shall be fined not less than five dollars
nor more than one hundred dollars for each offense, and he and his
sureties on his official bond shall be liable for all damages which may
accrue to the city or any other person by reason of such failure or re-
fusal.

(e) He shall execute bond in such penalty as the city council may
prescribe.

24. The council.—The city council shall elect annually one of its
members to act as president, who may preside at the meetings of the
council in the mayor’s absence, and when from any cause he and the
mayor shall be absent, the council shall elect a president pro tempore,
who shall perform all the duties devolving upon the office of president.

25. The mayor, or in his absence or refusal to act, the president of the
council shall have the power to call special meetings of the council,
and in case of their absence, inability, or refusal the council may be
convened by order of the clerk upon the request of any three members
in writing, but no special meetings shall be convened until notice has
been served upon each member of the council in person, or by leaving
a copy of the same at his place of abode, as is provided for in service of

rocess.
" 26. The council shall fix by ordinance the time for holding its stated
meetings, and no business shall be transacted at a special meeting, ex-
cept that for which it shall have been called.

27. The city council shall have the authority to adopt such rules and
appoint such officers, committees, or clerks as they may deem proper
for the regulation of their proceedings for the convenient transaction
of business, to compel the attendance of absent members, to punish its
members for disorderly behavior, and by vote of two-thirds of the whole
of the council to expel a member for malfeasance of or misfeasance in
office. They shall keep a minute book in which their clerk shall note
the proceedings of the council, and shall record said proceedings at large
on the record book and keep the same properly indexed. The meetings
of the council shall be open to the public.

28. A majority of the members of the council shall constitute a
quorum for the transaction of business, but no ordinance shall be passed
or resolution adopted, having for its object the appropriation of money,
except by the concurrence of at least two-thirds of the whole council.
No vote or question decided at a stated meeting shall be reconsidered at
a special meeting, unless there be at least seven members present and
five of them concur.

29. The city council shall have, subject to the provision of this act,
the control and management of the fiscal and municipal affairs of the
city, and all property, real and personal, belonging to said city, and
shall have the power by a two-thirds vote of said council to buy, lease,
sell, or otherwise dispose of any and all real estate that is or may be
»wned by said city, and shall have the right to donate and convey the
same, or any part thereof, to manufacturing industries that may be
located in said city, and may make such ordinances and by-laws relating
to the same as they shall deem proper, and they shall likewise have
power to make such ordinances, orders, by-laws, and regulations as they
may deem necessary to carry out the following powers which are hereby
vested in them.

30. To secure the inhabitants from contagious, infectious, or other
dangerous diseases; to establish, to erect and to regulate hospitals, and
to subscribe funds for the maintenance of private hospitals; to provide
for and enforce the removal of patients to the hospital or hospitals es-
tablished by the city or to which the city shall have subscribed; to
appoint and to organize a board of health for said city, and to clothe it
with authority necessary for the prompt and efficient performance of
their duties.

31. To require and to compel the abatement and removal of nuisances
within said city at the expense of the person or persons causing the
same, or of the owner or owners of the ground whereon the same may
be, and to collect said expense by a suit or motion; to prevent and to
regulate slaughter houses, soap and candle factories within said city,
or to restrain the exercise of any dangerous, offensive, or unwhole-
some business, trade or employment therein, and to regulate the trans-
portation of coal and other articles through the streets of said city.

32. If any ground in said city be subject to be covered with stagnant
water, or if the owner or owners, occupier or occupiers thereof shall per-
mit any offensive or unwholesome substances to remain or accumulate
therein, the council may cause such grounds to be filled, raised or
drained, or may cause such substance to be covered or to be removed
therefrom, and may collect the expense for so doing from the owner or
owners, occupier or occupiers, or any of them (except in cases where
such nuisance is caused by the action of the city authorities or their
agents, in which case the city shall pay the expense of abating the same),
by distress and sale in the same manner in which taxes levied upon the
real estate for the benefit of the city are authorized to be collected,
or by suit or motion: provided, that reasonable notice shall first be given
to said owner or owners, or his or her or their agent or agents. In
case of non-resident owners who have no agent in said city such notice
may be given by publication for not less than ten days in any newspaper
published in said city, all expenses of said- publication to be paid for
by the owner or occupier as above. The occupier or tenant of such
premises shall only be compelled to pay for the same an amount not
exceeding the amount due by him for rent, and he shall have the right
to offset any amounts he may have so paid against the rent due the
owner of the premises.

33. To direct the location of and control of all buildings for storing
gunpowder and other combustibles and explosive substances, and to regu-
late the sale and use of gunpowder, firecracker, or fireworks manu-
factured or prepared therefrom, kerosene oil, nitroglycerine, camphene,
burning fluid, or any other combustible material; to regulate the ex-
hibition of fireworks, the discharge of firearms, the use of light and
candles in barns, stables and other outbuildings, and to restrain the
making of bonfires in streets and yards.

34. To prevent hogs, dogs, and other animals from running at large
within said city, and to subject the same to confiscation, regulations,
and taxes as it may deem proper.

30. ‘Lo prevent the riding and driving of horses and any other animals
at an improper speed; throwi ing stones or engaging in any employment
or sport on the streets, sidew: alks, or public alleys dangerous or annoy-
ing to passengers or the public, and to prohibit and punish the abuse or
crucl treatment of horses and other animals in said city.

66. To restrain and punish drunkards, vagrants, and street beggars;
to prevent vice and immorality; to preserve the peace and good order;
to prevent and quell riots, disturbances, and disorderly assemblages:
to suppress houses of 1ll- fame and g gambling houses; to prevent and
punish lewd, indecent, and disorderly exhibitions in ‘said city, and to
expel therefrom persons guilty of such conduct who have not resided
therein as much as one year.

37. To forbid, prevent and to punish the selling or giving away of
liquors and intoxicating drinks to be drunk in any public place not duly
licensed, and the selling or giving to be drunk any intoxicating drinks or
liquors to any child or minor, ard the selling or giving away of cigarettes
to any minor under fifteen years of age, and for any violation of any
such ordinance it may impose fines in addition to those prescribed by the
laws of the state.

38. To prevent the coming into the city of persons having no osten-
sible means of support, and of persons who may be dangerous to the
peace and safety of the city.

39. To prescribe the limits within which no building shall be con-
structed, except of brick, stone, or other incombustible material with
fire- proof roof, and to impose a penalty for a violation of any such ordi-
nance, and to appoint one or more persons to inspect buildings and to
condemn such as are unsound or unsafe.

40. The council may, by ordinance, make such regulations not in-
consistent with law as it may deem expedient, in relation to the erection
of buildings or the alteration of the same, and may regulate the build-
ings, construction, management, and inspection of elevators, hoist-
ways, elevator shafts, and “plumbing, steam, gas, and electric fittings of
buildings in said city, and may prescribe such buildings as shall have
fire-escapes.

41. The council may, by ordinance, make such regulations in rela-
lion to the construction of all wagons, carts , carriages, trucks, sleichs.
sleds, and other vehicles, or any part thereof, and their loads, passing
over the hichwavs and public places of said city as it may deem nec-
essary for the public good.

42. The council may enact stringent and efficient laws for securing
the safety of persons from fires in halls and buildings used for public
assemblies, entertainments, or amusements.

43. In addition to the foregoing powers, the council shall have all
the general power vested in it by the laws of the state, and shall further
have power to establish a market or markets in and for said city, and

ogle
appoint proper officers therefor; prescribe the times and places for
holding the same; provide suitable buildings and grounds therefor; and
to enforce such regulations as shall be necessary and proper to prevent
huckstering, forestalling, or regrating.

44. To erect and provide in or near said city, suitable work-houses,
houses of correction and reformation, and houses for the reception and
maintenance of the poor and destitute, and they shall possess and
exercise authority over all persons within the limits of the city, receiv-
ing or entitled to the benefit of the poor laws; appoint necessary officers
and persons proper to be connected with the aforesaid institutions, and
regulate pauperism within the limits of the city, and the council,
through the agency they shall appoint for the direction and manage-
ment of the poor of the city, shall exercise the powers and perform the
duties vested by law in the overseers of the poor.

45. To erect and keep in order all public buildings necessary and
proper for said city; to erect within the city, a city prison, and said
prison shall contain such apartments as shall be necessary for the safe-
keeping of all persons confined therein.

46. To establish or enlarge, acquire by purchase or otherwise, and
operate water-works and gas-works and electric light plants within or
without the limits of the city, contract and agree with the owners of any
land for the use and purchase thereof, or have the same condemned
according to law, for the location, extension, or enlargement of their
said works, tbe pipes connected therewith, or any of the fixtures or
appurtenances thereof, and shall have power to protect from injury,
by ordinance prescribing adequate penalties, the said works, pipes,
fixtures, poles, and lands or anything connected therewith, whether
within or without the limits of said city.

47. To close or extend, widen or narrow, lay out, graduate, curb or
pave, and otherwise improve the streets, sidewalks, and public alleys in
said city, and have them kept in good order and properly lighted, and
over any street or alley in the city which has been, or may be, ceded and
conveyed to the city by proper deed, they shall have like power and
authority as over other streets and alleys. They may build bridges in
and culverts under said strects and alleys, and may prevent or remove
any structure, obstruction, or encroachment over or under or in any
street, sidewalk, or alley in said city, and may permit shade trees to be
planted along said streets. But no company shall occupy with its works
or any appurtenances thereof the streets, sidewalks or alleys of the city.
without the consent of two-thirds of the whole council, duly entered
upon its record. In the meantime, no order shall be made, and no
injunction shall be awarded by any court or judge, to stay the proceed-
ings of the city in the prosecution of their works, unless it be manifest
that they, their officers, agents, or servants are transcending the au-
thority given them by this act, and that the interposition of the court
is necessary to prevent injury that cannot be adequately compensated
in damages.

48. To prevent the cumbering of streets, sidewalks, alleys, lanes, or
bridges in the city in any manner whatever. _ |

49. To permit railroads and street-car lines to be built and to
determine and designate the route and grade thereof; to permit or pro-
hibit poles for electrical purposes to be erected, gas and steam pipes to
be laid in the streets, and to prescribe an annual license charge for the
privileges granted hereunder; to regulate the speed of engines and
cars upon the railroads within the city, and to wholly exclude the same
when the welfare of the city may demand it.

50. To make provisions for and regulate the weighing of hay, fodder,
oats, shrucks, or other long forage. They may also provide for meas-
uring corn, oats, grain, coal, stone, wood, lumber, boards, potatoes, and
other articles for sale and barter.

51. To require every merchant, retailer, trader, and dealer of mer-
chandise or property of any description, which is sold by measure or
weight, to cause their weights and measures to be sealed by the city
sealer, to be subject to his inspection; and may impose penalties for
any violation of any such ordinances.

52. To change the boundaries of the wards and increase the number
thereof, to give names to or alter the names of streets, and to provide
for the regulation and safe construction of houses in the city.

53. To make such rules and orders as will protect its citizens against
danger of unsafe houses or walls, and to that end shall have power to
cause to be condemned and taken down any such buildings or walls and
to designate and prescribe from time to time the part of the city within
which no buildings of wood shall be erected, and to regulate the con-
struction of buildings in the city so as to protect it against danger
from fire.

54. To prescribe any penalty for the violation of any city ordinance
not exceeding three hundred dollars or three months’ imprisonment in
the jail or both.

55. To hold such land as may have been already acquired by the city of
Bristol to be used as a place for the burial of the dead, and to acquire
by purchase or otherwise such additional land as may be necessary for
that purpose, to prescribe and enforce all needful rules and regulations
not inconsistent with the laws of the state for the use, protection, pre-
servation, and ornamentation of the cemetery, to set aside in their dis-
cretion by metes and bounds a portion thereof for the interment of
strangers and the indigent poor.

56. To establish new streets and extend and alter any street that has
been or may hereafter be established, and to pave the same; to have side-
walks, gutters, culverts, and sewers built or any improvements whatso-
ever made thereon, and shall determine what portion, if any, of the
whole expense shall be paid by the owners of the real estate benefited
thereby, but all proceedings for local assessments shall be made as here-
inafter provided, and the council shall prescribe the time and manner
in which the said assessments shall be payable.

57%. Coneurrently with the board of supervisors of Washington county
to take care, supervise, and control for a distance of two miles from the
city limits of all public roads extending from the city into Washington
county, Virginia, and jointly with said supervisors to close, extend,
widen, narrow, lay out, grade, pave, macadamize, and otherwise improve
and alter said roads for such distance and keep the same in good order
and repair, and to condemn the necessary land for this purpose; to make
or construct sewers, drains, and ducts through the same, or wherever

oogle
else they deem expedient for the maintaining and preserving thereof;
build bridges in or culverts under said roads; prevent or remove ob-
structions or encroachments in, under, or over the same; plant shade trees
along the same and prevent the cumbering or injuring in any manner
said roads, and do all things necessary for the proper use and preserva-
tion thereof, but the said council of the city of Bristol shall in no case
have power to expend more than one-half of the amount of money used
in the construction and repairing of said roads. The city council shall
have authority to pass the proper and necessary ordinances for the
carrying out the powers hereby conferred, and to enforce the same by
fine, to be inflicted by its mayor or police justice by the same proceedings
and in the same manner that violations of the city ordinances are now
punished, and the city is given the same powers for collecting said fines
that it possesses in the collection of fines inflicted for offenses com-
mitted within its limits. Nothing contained herein shall be construed
as compelling the exercise of the powers herein given or as fixing any
liability on the said city for the failure to exercise or the improper
exercise of the said powers, except damages for the land condemned,
which are to be ascertained and fixed in the manner provided by the
general laws of the state.

58. To pass all by-laws, rules, and ordinances not repugnant to the
constitution and laws of the state which it may deem necessary for the
good order and government of the city, the management of its property,
the conduct of its affairs, the peace, comfort, convenience, order, morals,
health, and protection of its citizens or their property, and to do such
other things and pass such other laws as may be necessary or proper
to carry into full effect any power, authority, capacity, or jurisdiction,
which is or shall be granted to or vested in said city or in the council,
court or officers thereof, or which may be necessarily incident to a
municipal corporation.

59. All contracts for the erection of public improvements within the
jurisdiction of the city council shall be let to the lowest and best bid-
der, and, except in cases of emergency, notices shall be given at least
thirty days before the work is finally let by advertisement at least once
a week in one or more newspapers published in the city, and by a printed
notice posted at the court-house door and at other public places in
said city, and the party to whom said contract shall be let shall give
such bond as the council may require, but in no event shall any con-
tract be let to any member of the city council, nor shall any member
have an interest in such contract, either directly or indirectly.

60. The council may, in the name and for the use of the city, con-
tract debts and cause to be issued therefor certificates, notes or bonds;
but no debt of the city shall be payable more than thirty-four years
from the date thereof: provided, that the council shall not have power
to contract debts for the city or issue evidences thereof, whether cer-
tificates; notes or bonds, for sums which, when added to the debt of
the city then existing, shall cause the total amount of the indebtedness
of the city to be greater than fifteen per centum of the value of the
real and personal estate in the city as assessed for taxation, except
for the issue of bonds otherwise provided by law: and provided further,
that the council shall not contract debts or issue any evidence thereof
for the purpose of subscribing to the capital stock of any internal
improvement company, nor shall it cause the bonds of any such com-
pany to be endorsed by the city: provided, that the council of said city
may, upon the application of the president of any incorporated company
for a work of internal improvement or other purpose, submit to the
qualified voters of said city in the manner now prescribed by law the
question of subscribing to the capital stock of such company such an
amount not exceeding fiftv thousand dollars to any one company, and
upon such terms and conditions as may be stated in the order of the
council submitting the question. Said city of Bristol is authorized
to subscribe to the capital stock of such company any amount not ex-
ceeding fifty thousand dollars to any one company, and upon such terms
and conditions as may he stated in the order of said council as afore-
said, and if the requisite number of votes, as provided in chapter fifty-
one of the code of Virginia, be cast in favor of the subscription, then
it shall be the duty of said council to make said subscriptions upon
the terms and conditions stated in its order, and to levy and collect such
an amount of taxes per annum as may be necessary to pay the interest
and provide a sinking fund on the bonds of the city which may be issued
for the purpose of paying such subscription: provided, that no tax levied
by the city upon any real or personal property in said city shall exceed
two dollars upon the one hundred dollars’ assessed value thereof: and
provided also, that the city council shall have power by a two-thirds
vote to exempt from city taxation any manufacturing establishment for
a period not exceeding five years.

61. No debt shall be created by the council for a longer period than
six months, unless the ordinance creating the same shall have been
introduced at some meeting of the council at least thirty days before
the same is passed; but an amendment to such an ordinance need not
lie over for an additional thirty days.

62. The council shall annually cause to be made up and entered on
their journal on account of all sums lawfully chargeable on the city
which ought to be paid within one year, and order a city levy of so much
as in their opinion is necessary to be raised in that way, in addition to
what may be received for heenses and from other sources: provided,
that the levy so ordered on real and personal estate shall not exceed
two dollars on every one hundred dollars of the assessed value thereof.
The levy so ordered may be upon the male persons in the said city above
the ave of twenty-one years and upon any property therein, and on
such other subjects as may at that time be assessed with state taxes
against persons residing therein.

For the execution of its powers and duties the council may tax all
real and personal property in the city 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 citv; all capital of persons having
a place of business in the city and doing business therein, and emploved
in said business, though the said business may extend beyond the citv:
provided, that so much of said capital as is invested in real estate, or
emploved in the manufacture of articles outside the city limits, shall
not be taxed as eapital; all stocks in incorporated joint stock companies
doing business in the city, and by whomsoever owned and not exempt by
law from taxation; income, interest, or money, dividends of banks or
other corporations: provided, that no such capital, interest, income, or
dividends shall be taxed when a license or other tax is imposed upon the
business in which said capital is employed, or upon the principal, monev,
credits 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. Assessment upon stocks and bonds
shall be according to the market value thereof. The council may tax
deeds and all other papers placed upon the records in the clerk’s office,
any sums not exceeding like taxes levied by the state.

63. The council may impose a tax of one dollar per annum upon each
male resident of the city who has attained the age of twenty-one years.

64. The council may impose a tax on merchants, commission mer-
chants, auctioneers, manufacturers, traders, lawyers, physicians,
dentists, brokers, keepers of ordinaries, hotel keepers, boarding-
house keepers, keepers of drinking or eating houses, keepers
of livery stables, photographic artists of all kinds, agents of all kinds
(including the agents of insurance companies whose principal office is
not located in the city), sellers of wines and other liquors, vendors of
quack medicine, public theatrical or other performances or shows,
keepers of billiard tables, ten-pin alleys, pistol galleries, hawkers, ped-
dlers, sample merchants, and upon any other person or employment
which it may deem proper, whether such person or employment be
herein specially enumerated or not, and whether any tax be imposed
thereon by the state or not. As to all such persons or employment, the
council may lay a direct tax, or may require a license tax therefor,
under such regulations as it may prescribe, and levy a tax thereon; but
the taxes herein authorized shall be subject to the provisions and con-
ditions set forth in the sixtv-second section of this charter.

65. The council may subject any person, who, without having ob-
tained a license therefor, shall do any act or follow anv emplovment
or business in the citv, for which a license may be required by ordinance,
to such fine or penalty as it is authorized to impose for any violation of
its laws.

66. There shall be set apart annually from the revenues of the city,
a sinking fund equal to one per centum on the aggregate outstanding
debt of the city, which by its terms is not payable within one year. Said
sinking fund as it accrues, shall be applied to the redemption of said
debt: provided, that if no part of the same be due or obtainable by pur-
chase, at reasonable rates, the said fund shall be invested in the bonds
of the state of Virginia, or of the United States.

67. The council shall not appropriate any part of the sinking fund
or its accruing interest, otherwise than as mentioned in the preceding
section except in time of war, insurrection, or invasion, and then only
by a vote of two-thirds of all the members elected to such council.

68. The council may vest in the collector of citv taxes and assess-
ments, the collector of water rents, and any other collector of sums due
the city, which it may appoint, any or all of the powers which are now,
or may be hereafter vested in any collector of state taxes, and may
prescribe the mode of his proceeding, and the mode of proceeding
against him for the failure to perform 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 said deed,
while such goods and chattels remain in the possession of the grantor,
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.

69. There shall be a lien on real estate for the city taxes assessed
thereon, from the commencement of the year for which they are as-
sessed. 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 expenses of
collection, and they may regulate the terms on which real estate so
delinquent may be sold or redeemed: provided, that all such sales shall
be made subject to the prior lien of the commonwealth for taxes.

70. A tenant from whom payment of taxes on his landlord’s property
shall be obtained by distress or otherwise shall have credit for the same
against such person on account of his rent, unless by contract the
tenant is to pay such taxes.

71. 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.

The city of Bristol and its inhabitants shall be exempt from all assess-
ments for levies in the way of taxes imposed by the authority of Wash-
ington county for any purpose whatever, except upon property in said
county, owned by the inhabitants of said city, nor shall such inhabitants
be liable to serve upon juries in said county.

72. The council for the city of Bristol, may, and is hereby, empow-
ered to pave any of its streets and to lay down and construct such side-
walks or pavements, culverts or sewers, or any other public improve-
ment whatsoever, in and along any or all of its streets as it may deem
expedient and in such manner as it may direct. That such sidewalks,
pavements or paving said streets, culverts, sewers or other public im-
provement, shall be of such material, width and length as said council
mav prescribe.

And said council is hereby empowered and authorized to levy local
assessments on abutting lands and lots, to meet the expenses of laving
and constructing said sidewalks and of paving said streets and of other-
wise improving the said walks and streets, or constructing culverts or
sewers or other public improvements, the said assessments to be levied
according and in proportion to the benefits accruing to said abutting
lands and lots by reason of said sidewalks, the paving of said streets, or
other improvements as aforesaid, and according to the provisions of this
act, and the amount of the same to be ascertained as hereinafter pro-
vided. Whenever in this city, whether acting under special charter,
general laws or ordinance, any new street shall be opened or laid out,
a street graded or paved, culverts or sewers constructed, or any other
public improvement whatsoever made in said city, the council may
determine what portion, if any, of the whole expense thereof shall be
paid from the treasury of said citv, and what portion thereof shall be
assessed upon the real estate, which in the opinion of the council shall
be benefited thereby; but no such public improvement shall be made to
be defrayed in whole or in part by a local assessment until first requested
by a petition from at least one-fourth of the owners of the real estate
to be affected thereby, or unless a majority of the council shall decide
to make such improvement, in which case no petition shall be neces-
sary. If a petition as aforesaid is filed praying the council to take
action, they shall refer the same to the judge of the corporation court,
with or without their approval, and the said judge shall forthwith pro-
ceed to appoint a board of assessors, as hereinafter provided. If the
council shall determine at any time to make any of said improvements,
it may order them to be made, and after the work shall be completed, the
Judge of the corporation court of said city, either in term or in vacation,
shall appoint three or more discreet, fair and impartial citizens and tax-
payers of said city, as a board of assessors to perform such duties and
exercise such powers as are prescribed by this act, and such other duties
as the said judge may direct that are germane to the object of their
appointment. They shall before entering upon their duties have admin-
istered to them by the judge or clerk of said court an oath to faithfully,
honestly, and impartially perform their duties as such assessor to the
best of their ability. ‘They shall receive such reasonable compensation
for their services as the said judge may order, to be paid out of any
funds in the treasury of said city upon such order, and may at any time
be removed by said judge whenever he deems it necessary.

The said assessors are hereby empowered and authorized to go upon
the premises, whenever so directed by the said judge, mayor or council of
said city, where the said city has paved any of its street or laid sidewalks
or pavements in or along the same, or made other public improvements
on said streets, and view each piece of the abutting lands or lots on
such streets and each of said improvements, and levy a local assess-
ment separately against said abutting lands or lots, to meet the ex-
penses of said paving, sidewalks, pavements and other improvements in
front of and along such lands or lots, as will be in proportion and accord-
ing to the benefits of such lands or lots accruing to the same by reason
of either one or all of said improvement, and they shall not take into
consideration the benefits to one lot or piece of land in levying such
assessments against another, but they shall make the said assessments
against each lot or piece separately and distinctly from any other lot
or piece of land, and taking as a basis of assessments the benefit accrn-
ing to that piece or lot of land by reason of such improvement. And if
no benefits has accrued to such lots or pieces of land by reason of such
improvement, no such assessment shall be made, and said assessor shall
report that fact to said court as hereinafter provided by this act.

The said assessors before viewing the premises aforesaid and before
levying such assessments as provided in the preceding section of this
act, shall give notice to each of the owners of said abutting lands, or
lots, of the time and the place they shall mect and for the purpose afore-
said for at least ten days previous to said meeting. The said notice
may be served by a sergeant, constable or any policeman of said city
by delivering a copy thereof to each of said owners, or by leaving the
same at the usual place of abode, as provided for service of process in
an action or suit under the general laws of the state, or if such owner
be a non-resident, by delivering a copy to his attorney or agent, or if
such owner be a corporation by delivering a copy thereof, or by publi-
cation as required by the general Jaws of the state, in the service of a
process in action or suit, and such shall be sufficient if made on an agent
or attorney of a non-resident corporation. ‘The said assessors may
adjourn from time to time and from place to place without further
notice until they have concluded their work.

A majority of said assessors shall constitute a quorum for the trans-
action of any business by them, and any report or any action con-
curred in by a majority of the assessors acting shall be as effectual
and binding as if agreed to by all of them.

They shall report separately the amount of the assessments afore-
said levied against each piece of said lands or lots, giving the name or
names of the owners thereof, and the kind and nature of the improve-
ments, on whose account said assessments are made and the actual
costs of the making of the same, giving a full and particular report
with such facts, dates or matters as mav be required by said court or
judge thereof, in term or in vacation. The said report shall be filed in
the clerk’s office of said court and shall not be acted upon until after
the same shall have been so filed for ten days, unless that be waived.
Any person or corporation who shall feel aggrieved by said assessments
as levied aforesaid may at any time before said report is confirmed, file
exceptions to the same, upon the grounds that the said assessments
exceed the benefits accruing to their lands or lots as aforesaid, by
reason of the city paving said streets, laying said sidewalks, pavements
or making such other improvements aforesaid, and that such assess-
ments were not made according to the benefits to said property, and that
the provisions of this act have not been complied with or stating any
other legal ground of defense, and the city may file exceptions to said re-
port any time before its final confirmation on like grounds, and the
further grounds that the said assessments were not made in proportion
and according to the henefits of said property.

The said court shall at any time after said reports have been filed
hear and determine said exceptions, and on any question involved
therein, shall hear such evidence as may be given by witnesses viva voce,
or otherwise.

The said assessments as reported as aforesaid may be increased or
decreased by the court, if it appear that the same were not levied accord-
ing and in proportion to the benefits to said abutting lands and lots,
or the court mav make any correction therein as may be equitable and
just. nd the court may recommit said report to said assessors for fur-
ther action or reports by them, but no further notice shall be given,
unless recommitted for want of proper notice, which said further re-
ports shall be made as prescribed by this act for their first report, and
such action may be taken on it by the court as on the first report, but
in no case shall a report be recommitted without cause therefor.

Provided any non-resident person or corporation may appear if notice
as aforesaid has not been served bv delivering a copv to such person,
his agent or his attorney, or by delivering a copy thereof to the agent
or attorney of such corporation; or was not represented in court by
counsel, anv time within ninety davs from the filing of said report,
although the same may have been confirmed, and file exceptions thereto
and the same proceedings may be had thereon as hereinbefore provided.
Provided further, that if no exception be filed as aforesaid the report
shall be confirmed, and when so confirmed the said court shall direct
by order the said assessments to be paid by such owner or owners of
said lands or lots as their interests in the same may appear to the
treasurer of the city, within such time and on such terms as the city
council may. direct.

And such assessments when said reports are confirmed shall be
a lien on said abutting lands or lots, which shall not be defeated by any
subsequent lien against the same or by any subsequent purchase thereof,
and no mistake in the description of the property or the name of the
owner or owners shall impair the said lien.

The council may from time to time (as such improvements progress)
issue the bonds of said city in such sums as may be required in all to
an amount not exceeding the contract price of the work and other
expenses extending the same, and interests as hereinafter provided for.
Said bonds shall be issued as other bonds of cities are issued, but thev
shall bear the name of the street or avenue or alley to whose improve-
ment they are issued, and shall state therein that they are to be paid
by an assessment upon the property abutting on or benefited by the
said improvements. Said bonds shall extend over a period of at least
five years, to be provided in the ordinance directing the improvement;
they shall bear interest at a rate not exceeding six per centum per
annum, payable semi-annually on the first days of July and January,
and principal and interest payable at the office of the city treasurer.
The said bonds shall be negotiated at not less than par, and the pro-
ceeds shall be applied solely to pay’for said improvement, and the pro-
ceeds thereof shall only be paid upon the certificate of the city engineer
of the said city or the person charged with the construction of the im-
provements, who shall be certified by the mayor that the work has been
done according to contract. Such asstssment shall be payable in equal
instalments to meet said bonds provided for in the ordinance ordering
said improvements or by the order of the corporation court at the
office of the collector of city taxes, with interest at the rate provided for
in said bonds, payable semi-annually, from the date of which said semi-
annual interest was computed on the amount of said bond, or so much
as remains unpaid from time to time, until all the said bonds and in-
terests are fully paid. Any owner of property against whom an assess-
ment shall have been made for such improvement shall have the right
to pay the same, or any part remaining unpaid, in full, with interest
thereon, to the next semi-annual payment of interest due on said assess-
ment, and such payment shall discharge the lien on said property. If
any owner shall subdivide any abutting property after such lien
attaches, he may discharge the lien upon any part thereof in like man-
ner. All moneys received from such assessments shall be appropriated
by the proper authorities of said city solely to the payment of the inter-
est and the redemption of the bonds issued for said improvement or anv
renewals thereof. If any bond or interest shall be due and there is no
money on hand with which to pay the same, the city council shall be
authorized to make a temporary Joan to pav said bond or interest:
but such lien shall continue in force on the abutting property-for the
full assessments not paid and accruing interest for such temporary
loan in behalf of the city. If said assessments are not paid as provided
by said council or as ordered by the said court, then it shall be the duty
of the city attorney to institute a suit in chancery in said court to
enforce said assessment lien against said lands or lots, and subject the
same or so much thereof as may be necessary to discharge and pay off
said lien, and if said city attorney from any cause cannot or fails to act,
then the corporation court may appoint some other attorney to act.

The court may adjudge all or any part of the costs accruing in any
proceeding under this act against or in favor of either party thereto
as may be proper and Just.

All the powers under this act given to the city council may be dele-
gated by it to its proper committees or persons appointed thereby and
acting for and in behalf of the city or said council.

73. Treasurer.—The treasurer shall be elected as hereinbefore pro-
vided on the fourth Thursday in May, nineteen hundred and two, and
in every third year thereafter, and shall hold the office for the term of
three vears, and until his successor be elected and qualified, unless sooner
removed from office. He shall qualify before the council, and his oath
shall be filed as herein provided, and he shall give bond in some surety
company to be approved by the council in a penalty to be determined
by the council, but not less than twenty thousand dollars in any one
year.

74. The treasurer shall receive such compensation as is provided by
law in the case of the county treasurer for the collection of all state
taxes or funds whatsoever, and the council may prescribe what sums or
per centum he may lawfully charge and collect on any and all taxes
or funds whatsoever collected or received by him on account of and
for the city: provided, he shall not be paid less than five per centum on
such taxes, where the ameunt for one year does not exceed eighteen
thousand dollars, and three per centum where the amount exceeds
eighteen thousand dollars, and does not exceed thirty thousand dollars,
and where the amount exceeds thirty thousand dollars he shall receive
two per centum, except as herein otherwise provided. No person shall
be allowed to qualify a second time as treasurer unless and until he
shall have satisfactorily settled his account as treasurer for the preced-
ine term; and if such settlement be not made on or before the regular
time for his entering upon the duties of his office for another term,
the office shall be considered vacant, and the vacancy shall be filled as
hereinbefore provided.

75, The said treasurer shall receive all money belonging to the city.
He shall keep his books and accounts in such manner as the city coun-
cil may prescribe, and such books and accounts shall always be subject
to the inspection of the mavor and any member of the city council
or any committee thereof and the clerk of the city council.

76. No money shall be paid ont by the treasurer except upon a war-
rant of the clerk of the council. eauntersigned by the mavor, and he
shall keep a separate account of each fund and appropriation, and
the debis and credits belonging thereto, in the book prescribed for that
purpose.

77. All moneys to be paid into the treasury of the city, except taxes

50 ogle
and such other assessments as the city council may so ordain, shall
be paid by the person liable to pay the same, or his agent, to the treas-
urer in the following manner: A warrant shall first be obtained from
the clerk of the council directing the treasurer to receive the sum to
be paid, specifying on what account the payment is to be made. Upon
the payment of the money to the treasurer he shall give a receipt for
the same, which shall be carried to the clerk, and his receipt therefor
shall be the acquittance of the party making the payment.
The warrant book of the clerk and the receipt of the clerk shall be in the following form:

Ciry CLERK’s MEMORANDUM.

Mr.
this day deposited as per my order
the sum of
dollars with the city treasurer, on

account of

City clerk.
Bristol, Virginia,

——_—., 19

Ciry CrLerk’s ReEcerret.

No.
This is to certify that Mr.
has deposited with
the treasurer for the city of Bris-
tol, Virginia, the sum of

dollars, on account of

City clerk.

Bristol, Virginia,

19

TREASURERS WARRANT.

ED

No.—

The treasurer for the city of
Bristol, Virginia, will receive from
Mr. ——__-____- —_—_
the sum of

dollars on account of —————

§—___—
City clerk.

Bristol, Virginia,

—_— 19

The receipt book and record of the city treasurer shall be in the following form:

TREASURER’S MEMORANDUM.

No.——_—_—_
Mr. ———_———— this day deposited with us as per
order of the city clerk the sum of dollars,

on account of ——

City treasurer.

TREASURER’S RECEIPT.

No.
Bristol, Virginia, 190——
To the city clerk of Bristol, Virginia:
This certifies that Mr. has this day

paid me as directed by you the sum of

dollars, on account of

City treasurer.
The treasurer shall not under any conditions receive any money, unless
otherwise provided, except upon the warrant of the clerk, and no money
shall be received unless he properly fills out the receipt herein provided,
and he shall retain the stub of each receipt, together with all the clerk’s
warrants, as a part of the records of his office. No payment shall be con-
sidered valid and binding on the city unless made in strict accordance
with the provisions herein, and if the treasurer fails or refuses to per-
form any duties required of him by this chapter he shall be fined not
less than five nor more than one hundred dollars, and he and his se-
curities on his official bond shall be liable for all damages which may
accrue to the city or any other person by reason of such failure or
refusal.

78. The treasurer shall also report to the city council at the end
of each fiscal year, and oftener if required, a full and detailed account
of all receipts and expenditures during the preceding fiscal year and
the state of the treasury which shall be posted at the court-house door
and published in a newspaper in said city. He shall also keep a register
of all warrants, their date, amount, number, and fund from which paid
and the person to whom paid, specifying also the time of payment, and
all such warrants shall be examined at the time of making such report
to the city council by a committee thereof, and by the clerk of the city
council, who shall examine and compare the same with the books of the
clerk and report discrepancies, if any, to the council.

79. The treasurer shall collect all taxes and assessments which said
city council may authorize him to collect, and perform such other duties
as may herein be prescribed or ordained by the city council.

80. All moneys received on any special assessment shall be held by
the treasurer as a special fund, to be applied to the payment for which
the assessment was made, and said money shall be used for no other
purpose whatsoever.

81. The treasurer may be required to keep all moneys in his hands,
belonging to the city, in such place or places of deposit in the city of
Bristol, as the city council may by ordinance provide, order, establish,
or direct.. Such moneys shall be kept separate and distinct from his
own moneys. And he is hereby expressly prohibited from using directly
or indirectly, the corporation money or warrants in his custody, or
keeping for his own use and benefit, or that of any person or persons
whomsoever; and any violation of this provision shall subject him to
immediate removal from office, after reasonable notice to appear before
the council. In case of his removal the city council shall elect a quali-
fied person to fill said office until the next general election which may be
held in the city, when the qualified voters of said city, as in other cases,
fill such vacancy by an election of a successor, who shall hold his office
for the remainder, if any, of the unexpired term of the officer removed.

82. The said treasurer shall not receive any commissions greater
than five per centum on any city taxes, levies, or assessments, or sums
paid to him. On the collection of city fines, the collection of water
rents, the collection of delinquent taxes paid by the clerk of court,
or on any other collections where the same is collected by some officer,
and delivered to the said treasurer in bulk as herein provided, he shall
receive only such compensation as the city council may determine, and
in no case shall the same exceed one per centum.

50 ogle
83. The said treasurer shall not be entitled to any commission what-
soever, for handling the orders of the court, releasing the erroneous
assessment on either real or personal property, and any attempt by said
treasurer to charge a commission on said release orders of court shall
subject him to the fine herein provided, and removal from office.

84. The said treasurer in his annual settlements with the city shall
present to the finance committee his account with the auditor of the
state, so that it may determine what amount of compensation the state
has paid him.

85. The said treasurer shall make out his tax tickets, and keep the
books and record of his office in a neat, convenient, and legible manner,
and in conformity to the ordinances of the city council pertaining
thereto.

86. The said treasurer shall not pay any order or allowance made
against the city by the courts until he receive the voucher provided
by this act, to be issued by the clerk of the council upon the order of
the clerk of said court.

87. The said treasurer shall not pay any sum or claim for accounts,
claims for salaries, or any claim of any kind against the city in advance
of the allowance of such claim by the city council and in advance of
the issuance of the voucher which the city clerk is directed to issue for
such allowances or salaries, nor shall he pay any such claim or voucher
so issued until the mayor has countersigned the same as herein pro-
vided, and upon violation of these provisions, he shall be subject to the
fines and penalties provided in section forty-three of this chapter.

88. The clerk of the corporation court shall be ex officio clerk of the
council, but the city council may elect a clerk as hereinafter provided,
who shall hold his office for two years and until his successor shall be
appointed and qualify, unless sooner removed from office by the city
council. He shall qualify as hereinbefore provided, and his oath shall
be filed as hereinbefore provided, and he shall give bond, with surety,
to be approved by the council, in a penalty to be determined by the
council, but the penalty of said bond to be not less than one thousand
dollars. | ;

89. The said clerk shall attend the meetings of the city council and
keep a record of its proceedings. He shall have the custody of the
corporate seal. He shall keep all papers that by the provisions of this
act or the direction of the city council are required to be filed with or
kept by him. It shall also be his duty, immediately after the close of
each session of the city council, to make and present to the mayor a
transcript of every ordinance, resolution, or order concerning any public
improvement, or of the payment of money and every ordinance, reso-
lution, or order and act of legislative character passed by the city coun-
cil at such session. He shall in like manner transmit to the treasurer
a transcript of all ordinances, resolution, or orders, appropriating money,
or authorizing the payment of money, the issue of bonds or notes. He
shall in like manner Five notice to all parties presenting communica-
tions or petitions to the city council of the final action of the council
on such communication or petition. He shall publish such reports and
ordinances as the city council are required by this act to publish, and
such other reports and ordinances as they may direct, and shall, in
general, perform such other acts and duties as the city council may from
time to time require of him.

90. The said clerk shall, in a suitable book kept for that purpose,
keep an accurate account with the city treasurer, and all entries to be
made therein shall, if practicable, be made on the date which they
occur, and the account so kept that an examination of said book at any
time will show the condition of the treasury. No other account shall
be kept in this book. He shall as soon as the commissioner of the
revenue completes the land and personal property books take the copies
of said books, which the commissioner is required to furnish the city,
carefully audit said books, comparing them with the books of the
previous year. The land book shall be compared with the assessor’s
book, and the list of transfers furnished by the clerk of the corporation
court and the personal property book shall be compared with the books
of the previous year, and the said clerk of the council shall procure a
copy of the poll-books used in the election next preceding the assess-
ment from which said books were made, and he shall ascertain which
of the citizens and voters, if any, have not been assessed by the commis-
sioner of the revenue, and the list of those not assessed shall be laid
before the city council at its next meeting. The said clerk shall examine
said books and see that the amount of tax is correctly extended in
accordance with the rate of taxation at that time in force, and the
columns of said book shall be carefully audited and the errors therein,
if any, shall be corrected. The commissioner of the revenue is required
to be present and render the clerk such assistance as he may desire,
and in case of a disagreement between the commissioner and clerk, the
finance committee of the council shall, upon being notified, at once
assemble and determine the question in dispute; when said books are
corrected and audited the totals thereof shall be charged to the city
treasurer on his account. The said clerk shall take the delinquent lists
required to be furnished him by the treasurer and lay the same before
the finance committee, and it shall be the duty of said finance com-
mittee to carefully examine said delinquent report of both real and
personal tax. If said treasurer has returned any tax, either real or
personal, delinquent that should not under the provisions of the law of
the state and the ordinances of the city have been returned delinquent,
the said committee shall refuse to allow him credit therefor and shall
strike from the delinquent report any and all such taxes; after said
report has been corrected as herein provided the clerk will credit the
treasurer with the amount of same.

91. The delinquent land report shall be returned to the treasurer,
and he shall be charged with the same, and he shall dispose of the same
as he is directed by the laws of the state to dispose of the delinquent
land tax due the state. The clerk will as soon as the treasurer reports
to him, give him credit on his account for any erroneous assessment
of tax, all sales of land to the commonwealth, and all sales of land to
others than the commonwealth, and the lists of land previously sold
to the commonwealth, give said treasurer credit on his account for the
full amount of the respective reports, but no such report shall be
credited him until the same has been paid before the finance committee,
and the additions carefully audited by the clerk, and the names on
all such reports shall be examined, and the amount opposite such names
likewise examined and compared with the delinquent report and the
assessment of lands and the fact of any discrepancy, alterations or
changes shall be reported to the city council. The said clerk shall
charge the treasurer on his account with the amount of each warrant
issued directing the treasurer to receive any money other than taxes
as herein provided, and said warrant shall be issued for the payment
of .water rents collected by the water commissioner, fines collected by
the chief of police, delinquent personal tax and local assessments col-
lected by the chief of police, delinquent real estate tax collected by the
clerk of the court, tax on deeds and all other funds collected by the
clerk of the court, and all collections of any nature and kind whatever,
except as otherwise provided by this act.

92. The said clerk shall in a separate book kept for that purpose,
enter all vouchers that he is herein directed to issue for the payment
of money, and shall at the end of each fiscal year compare the said book
with the vouchers paid by the treasurer at that time, completing the
entries to be made in said book, and he shall credit the account of the
treasurer with the actual amount of vouchers so entered in said book,
which shall be in the following form:
— or CLS Ch nn i TW" es — | ER | eS | | RE |
ee ce | es | neeepeeie e

m bemhare F “so0UB jo ‘ponssy] "SI0UY “g990UB

|
to ‘L | “ponssy] ‘ON ‘snosurt! to . "MIO A pung
SyHIVUIY fq t ee | SLodney] | sates 8343 = -j18d - ALO quowsfeg! w - AA -
pivg | FUG | MUBIIT AL) “TOSI l 9S | SNOTT | 420498 -aq aajqg | 7°7"-M yEMUEy uF Bansel OL junuimy Te ain
alu

Od
—. = Se - oe a SS — i ——

‘dHOASSI SINVYYVM AO GYOOUH

93. A report shall be made to the city council of all outstanding
vouchers at that time, and oftener if so required. The coupons detached
from any and all bonds issued by the city shall be cancelled by the
treasurer when paid and shall be-examined by the clerk, and he shall
present the same to the finance committee, together with the vouchers
paid by the treasurer at the end of the fiscal year, and when said list has
been carefully audited and found to be correct he shall give the treas-
urer credit therefor.

The said clerk shall, under the direction of the city council and on
some suitable form for the purpose, have printed a city license blank;
the said blanks shall be printed and numbered, and each license shall
have a stub corresponding in numbers with the attached license, which
stub shall show the date the license was issued, to whom it was issued,
for what it was issued, the date it begins, the date it expires, and other
matter that is pertinent, including the amount paid for such license and
the fee therefor. Said book shall be delivered to the commissioner of
revenue, and at the end of each month when the commissioner delivers
said book to the clerk as he is required to do he shall examine said stub,
compare the same with schedule of license tax at that time in force, and
if any license has been issued for an improper amount the fact shall at
once be reported to the city council. The total amount of licenses shall
be charged to the city treasurer on his account at the end of each month
by the clerk when he examines the same and he shall furnish the city
treasurer a list of such charges at the time of charging the same to his
account.

94. The said clerk shall, in a book kept for that purpose, and none
other, properly indexed, record the list of water consumers which the
commissioner of water is directed to furnish him, and at the end of each
quarter he shall compare the stubs of all water tickets issued by the
commissioner with the said lists and report to the finance or water
committee any and all names who have not paid their water rent. He
shall keep an account with the commissioner of water, charging him
with the amount of all tickets issued and giving him credit for the
amount of monev he deposits with the treasurer. Said clerk, as soon
as he receives the delinquent personal property report and has credited
the same to the treasurer as herein provided, shall deliver to the chief
of police the delinquent personal tax tickets returned by said treasurer,
charging the police officer with the full amount of the same, and at the
end of the fiscal year he shall credit the said police officer with the
amount of tickets returned uncollected, but no ticket shall be credited
him until the same and its reason for being so returned have been ex-
amined by the finance committee, and thev shall refuse to give such
officer credit for any sums he could have collected by due diligence, and
the report of said committee, together with the report of said police
officer, may be laid before the city council and published or disposed of
as it may direct.

95. The said clerk shall have printed and bound in a suitable book
blanks in suitable form for orders for any supplies for the water, street,
police, fire, and court purposes, or for anv other purpose that the council
mav direct; and for each order issued he shall fill out the stub which
shall show for what, to whom, the amount, date, and anv other matter
deeined pertinent, and he shall issue such order only in pursuance to the
ordinances of the city council, and before each stated meeting he will
audit all accounts that have been filed with him in accordance with the
rules and ordinances of the council using the stub in the order book,
and any account filed with him shall have attached thereto the order or
orders covering the account; he will refuse to audit any account unless
the order covering the same is attached thereto, and when such ac-
counts, with the orders thereto attached have been audited and approved
for payment by the finance committee he will list the same, read them
at the stated council meeting, record them when allowed in the minutes
of the council and file the account and orders in alphabetical order en-
dorsing thereon the date of allowance.

96. The said clerk shall keep an accurate account, in a book for that
purpose, with each city official, giving said officer such credits for salary,
et cetera, as the city council may allow him and charging him with
each voucher issued, and he shall not under any circumstances issue any
voucher for labor or service to be performed, and no voucher shall be
issued for less than one month’s services, and then only on the last day
or at the expiration of said month.

97. The compensation and salary of said clerk shall be such as is
fixed by the city council, so that the same shall not be less than thirty
dollars per month.

98. The said clerk shall issue a voucher for all orders given him which
have been issued by the clerk of the corporation court, and shall pre-
serve and keep all such court orders or allowances as a part of the
records of his office, and he shall not issue a voucher for any court
allowance, unless the party to whom said allowance was made by the
court or his agent present such order from the clerk of the court.

99. If the citv clerk fails or refuses to perform any of the duties
required of him by this act or by the city council, he shall be fined not
less than five dollars nor more than one hundred dollars for each offense,
and he, his sureties on his official bond, shall be liable for all damaze
which may accrue to the city or any other person by reason of such
failure or refusal.

100. The said clerk shall keep his office and all books and papers
delegated to his care and custody in the court-house of said city in the
office or room set apart thercfor by the city council.

101. There shall he elected by the qualified voters of the city on the
fourth Thursday in May, nineteen hundred and two, and every six vears
thereafter, one clerk for the court of hustings for the city of Bristol,
who shall serve for the period of six years, and until his successor be
elected and qualified. He shall receive in compensation for his service
the fees and emoluments allowed bv law to clerks, and he shall be
allowed and paid upon the order of the city council, an ex officio salary
of one hundred and fifty dollars per year, for services performed for the
city as said clerk which sum shall be paid quarterly by the city treasurer.

102. He shall be ex officio clerk of the circuit court of said city, and he
shall also be ex officio clerk of the city council, unless seven members of
said council shall on a recorded vote deem it expedient to otherwise
elect a city clerk.

103. He shall, at the end of each fiscal year or oftener, if required,
furnish a statement of city delinquent taxes, tax on deeds, and all other
taxes, levies, and assessments collected or collectible by him. All sums
collected by him shall be paid over to the city treasurer upon the war-
rant of the city clerk as herein provided for the payment of funds into
the treasury.

104. The said clerk will furnish all lists, statements, and reports
that the council may require of him, or that is provided by this act.

105. For all allowances made against the city by the courts, or by the
laws of the state, for any account, claim, warrant, for jurors’ or witness’
attendance, the said clerk shall issue as soon as allowed by the court, and
called for by the party or his agent, to whom said allowance is made,
issue an order on a suitable form for that purpose, retaining a proper
stub for all orders so issued, upon the city clerk, which said order shall
direct the city clerk to issue a voucher on the city treasurer for the sum
so allowed, and said order shall state for what the allowance is made, and
any other matter required by the court or city council. And no such
order shall be issued in any other name than in the name of the party
to whom the allowance is made by the court.

106. To aid the commissioner of revenue in his duties, the clerk of the
court of hustings for the city of Bristol, as required, shall deliver to
him such lists as mentioned in section four hundred and thirty-nine
of the code of eighteen hundred and eighty-seven, as far as may relate
to lands in said city. He shall receive for his services the fees allowed
by law, and such other compensation as the city council may from
time to time direct.

107. The clerk shall execute such bond as the judge of the corporation
court may fix, and in a penalty prescribed by him, and with such security
a8 said judge may require.

108. If the said clerk fails or refuses to perform any of the duties
required of him by this act or the court or city council, he shall be fined
not less than five dollars nor more than one hundred dollars for each
offense, and he and his sureties on his official bond shall be liable for all
damage which may accrue to the city or any other person by reason of
such failure or refusal.

109. There shall be elected bv the qualified voters of the city, on
the fourth Thursday in May next, and on the fourth Thursday in Mav
in every second year thereafter, one commonwealth’s attorney, who shall
prosecute in all cases in the hustings or circuit court of the city of Bristol.
He shall hold his office for a term of two years and until his successor
be elected and qualified, unless sooner removed, and shall receive such
compensation for his services as may be prescribed by law, and such ex
officio salary for services rendered the city as may be allowed by the
judge of the corporation court. He shall be eligible for appointment as
city attorney, said appointment to be made by the city council. He
shall have an office in the court-house building, lighted and heated at
the expense of the city.

110. There shall be elected by the qualified voters of the city of
Bristol, on the fourth Thursday in May next, and on the fourth Thurs-
dav in May in every second vear thereafter, one commissioner of revenue,
who shall hold his office for the period of two years and until his suc-
cessor be elected and qualified, unless sooner removed from office. He
shall give bond, with sureties, in such amount as the council may deter-
mine, said bond to be approved by the city council, entered on their
record and filed in the office of the city clerk. In case a vacancy shall
occur in the office of commissioner of the revenue, the city council
shall elect a qualified person to fill said office until the next general
election which may be held in the city, when the vacancy shall be filled
by election for the unexpired term.

111. The said commissioner of the revenue shall perform all the
duties in relation to the assessment of property for the purpose of levy-
ing the city taxes that may be ordered by the city council. He shall
keep his oflice in some convenient place in said city, and shall keep
therein such books, schedules, and records, and in such manner as
the mayor and city council may direct and prescribe, which books,
records, and other papers shall be subject to the inspection and exami-
nation of the mayor, the members of the city council, or any committee
thereof, and of the collector of city taxes and the clerk of the council.

112. To aid the commissioner of the revenue in his duties the clerk
of the court of hustings for the city of Bristol, as required, shall deliver
to him such lists as mentioned in section four hundred and thirty-nine
of the code of eighteen hundred and eighty-seven, as far as may relate
to lands in said city. He shall receive for his service the fees allowed
by law, and such other compensation as the city council may from time
to time direct.

113. The said commissioner shall at the time he delivers the copies
of the land and personal property books required of him under the
state law deliver to the city clerk a copy of the land and personal prop-
erty books, and shall assist the clerk in his examination and auditing of
said books and perform any duties required of him by the city council
and render said clerk all such assistance as he is required to render the
clerk of the court under the laws of the state.

114. He shall apply to the city clerk who shall furnish him with the
proper city license book, and he shall issue all city licenses which the
council may direct of him, and no license shall be issued except from the
said license book; and at the time of issuing said license the stub which
is retained in the book shall be properly filled out by the commissioner.
When he is applied to for license he shall ascertain the correct amount,
make the proper entries, sign the license himself as commissioner and
deliver the same to the treasurer who shall collect the tax thereon.
No license shall be valid until the treasurer has signed the same and
delivered to the party, and no license shall be delivered until paid for.
The commissioner is expressly forbidden signing the treasurer’s name
to any license or any other paper. He shall not issue any license for
any other amount than that fixed by the city council, and where a
license should be issued, and no rate therefor is established, he shall
forthwith report the fact to the finance committee or city council who
shall determine the rate. He shall at least twenty-four hours before
each regular meeting of the city council leave with the city clerk his
license book together with a list of all licenses issued by him during
the preceding month, and he shall be present at the stated finance com-
mittee meeting and render to them any explanation or assistance regard-
ing said license report and his acts and doings as commissioner as the
committee or council may require of him.

le
115. The commissioner of the revenue in his annual report to the
finance committee shall submit a detailed statement setting forth the
names alphabetically arranged of persons or firms chargeable with a
city license tax, the nature of the business in which said persons or
firms are engaged, the annual purchases of merchants, the time for
which said license runs, and the amount of the said license tax.

The commissioner of the revenue is expressly prohibited from collect-
ing all or any part of the license tax, which tax shall be paid to the
treasurer or his deputy by the party making application for license
or his agent; and the clerk of the council shall have printed on the city
license hereinbefore provided for, the following words “the commis-
sioner of the revenue is prohibited from collecting or receipting for
the tax hereon, which tax shall be paid to the treasurer or his deputy,
otherwise this license shall be void.”

If the commissioner of the revenue fails or refuses to perform any of
the duties required of him bv this act, or required of him by the city
council, he shall be fined not less than five dollars nor more than one
hundred dollars for each offense, and he and his sureties on his official
bond shall be liable for all damages which may accrue to the city or
any other person by reason of such failure or refusal.

116. City sergeant.—There shall be elected by the qualified voters
of the city of Bristol, Virginia, on the fourth Thursday in May, nine-
teen hundred, and every second year thereafter, one city sergeant, who
shall attend the terms of the court of hustings and the circuit court
for said city, and act as the officer thereof, and shall receive therefor
such compensation as the court may allow, so that the same he not
less than two hundred dollars, nor more than three hundred dollars
per annum. The said sergeant is hereby vested with full powers of a
policeman, and is authorized and empowered to make arrests for all
violations of city ordinances coming under his observation, and shall
perform such other duties as may be prescribed bv the citv council, and
for any and all duties imposed upon him by the said council, and he
shall receive such reasonable allowance for the performance thereof,
as the council may fix and determine.

117. The sergeant may, with the approval of the court of hustings for
the city of Bristol appoint a deputy or deputies, who mav be removed
from office by the said sergeant or by the corporation court, without
notice to said deputy. During the continuance in office of said sergeant,
his deputy or deputies may discharge any of the duties of the office
of sergeant, but the sergeant and his sureties shall be liable therefor.

118. There shall be elected bv the qualified voters of the citv of
Bristol, on the fourth Thursday in May next, and on the fourth Thurs-
day in May every second year thereafter, one constable for said city,
who shall hold his office for the term of two years, and until his suc-
cessor be appointed and qualified, unless sooner removed from office.
Said constable shall keep his office in some convenient place in the city
as may be designated by the citv council, and shall receive such com-
pensation for his services as is allowed by Jaw. He shall have the same
powers and duties, and shall be subjected to the same penaltics as pre-
scribed by law for other constables. Said powers shall be exercised and
performed by him within the corporate limits of said city, and within
the county of Washington, and the said constable shall also have the
same power and duties as the sergeant of said city, and may execute
any process, civil or criminal, that may be executed by said sergeant,
and by the sheriff, or the constable of Washington county, within said
county and said city. He shall perform such other duties as the city
council may prescribe, and receive such compensation as said council
may allow.

119. Justices of the peace——There shall be elected by the qualified
voters of the city, on the fourth Thursday in May next, and on the
fourth Thursday in May every second year thereafter, one justice of
the peace for each ward in the said city, who shall be residents of their
respective ward, and shall hold office for the term of two years and
until their successor be elected and qualified, unless sooner removed
from office. ‘The said justices of the peace shall be conservators of the
peace in said city and within one mile of the limits of the corporation
of Bristol, and shall have criminal and civil jurisdiction within the
limits of the city and within one mile of the limits thereof, and receive
for their services such fees as are provided by law in respect to justice
of the peace in the counties of this state.

120 (a) Police justice.—The office of police justice is hereby created
for said city, and he shall possess all the jurisdiction and exercise the
powers and authority in civil and criminal cases of a justice of the peace
within the limits of said city, and within one mile thereof, and also all
powers conferred upon police justices by the general laws of this state,
and in addition to the said powers and duties it shall be his duty to
enforce the penal laws and ordinances of the city, and like ordinances
and resolutions of the council; his jurisdiction shall extend as to all
ordinances, resolutions, and orders of the council to the corporate limits
of said city, and within one mile thereof. In enforcing the laws and
ordinances of the city he shall have authority to impose such fines and
penalties and inflict such punishment as by the laws and ordinances are
ordained as a penalty for any breach thereof, and he may suspend
judgment in imposing fines on such reasonable terms as he may pre-
scribe.

(b) The maximum limit of his jurisdiction in civil cases shall be one
hundred dollars, except he shall have original jurisdiction to try attach-
ment cases where the amount involved is not over one hundred dollars,
and where the matter in controversy does not exceed ten dollars his
judgment shall be final.

(c) An appeal mav be taken from the judgment of the police justice
in imposing penalties for infraction of the city ordinances to the cor-
poration court of the city, except in cases where the penalty imposed is
a fine not exceeding ten dollars, in which case it shall be final.

(d) He shall have power to enforce the payment of any fine or penalty
imposed hy him for any infraction of a city ordinance by imprisonment
in the city jail.

(e) He shall hold a court every day in the mayor’s office except Sun-
day, when the same may be held to take cognizance of such cases as
may be brought before him under the laws of the state or the ordinances
of the city.

(f) The said justice shall perform any other duties assigned him by

oogle
the city council, not inconsistent with the constitution and !aws of the
state.

(g) In case of the absence from the city, negligence, or inability to
act, on the part of the police justice, the judge of the corporation court
may designate some person to act in his place during such time, who,
when acting, shall possess the same powers and discharge the same duties
as said justice, and receive the same compensation.

(h) Any vacancy occurring in the office of the police justice may
be filled by the judge of the corporation court with one of the justices
of said city, or some other proper person, and said police justice may
be removed by the said judge for malfeasance, misfeasance, and gross
neglect of official duty; and such removal shall be deemed a vacation
of the office; but all proceedings under this section shall be by order or
motion before said court upon reasonable notice to the party to be
affected thereby.

(i) The police justice shall keep a regular account of all fines, for-
feitures, and costs imposed for the violation of the city ordinances. He
shall report the same in an itemized statement to the council monthly.
The chief police shall collect such fines, forfeitures, and costs, and report
the same monthly to the council, and pay over the same monthly to the
treasurer. The police justice shall receive such fees as a justice of the
peace, and a fee of fifty cents for each warrant issued or tried, or sub-
mitted for violation of the city ordinances, to be assessed in the case as
other costs of trial; but in no case shall said fee of fifty cents be paid
by the said city. :

Q) The account of fines and forfeitures herein directed to be kept
shall be kept in a suitable book for that purpose, and the said police
justice shall enter all cases coming before him on the said books, and
shall enter the amount of the fine, and give the disposition of the case
as soon as he has disposed of the same. The monthly report herein re-
quired of him shall be handed the city clerk at least twenty-four hours
before each stated council meeting.

(k) If the police justice fails or refuses to perform any of the duties
required of him by this act, or by the city council, he shall be fined not
less than five dollars nor more than one hundred dollars for each offense,
and he and the sureties on his official bond shall be liable for all
damages which may accrue to the city or any other person, by reason
of such failure or refusal.

(1) The said justice shall execute bond in such penalty as the city
council may require, and with security satisfactory to them, in addition
to the bond he executes as justice of the peace.

121. Chief of police.—The chief of police shall be elected bv the city
council of the city of Bristol for the term of one vear. His salary shall
be fixed by the city council, not to be less than fifty dollars per month,
and shall not be diminished during his term of office. He shall, before
entering upon the duties of his office, be sworn in accordance with the
laws of the state by any one authorized to administer oaths under the
laws of this state, execute bond in some approved surety company in
euch penalty as the council may require, with said sureties to be ap-
proved by the council, pavable to the city by its corporate name for
the faithful discharge of his duties. His duties shall be such as pre-
bed by law and such as may be prescribed by the council. The said
d and oath of the chief of police shall be filed with the clerk as herein
vided.
22. Assistant police—The chief of police shall appoint two assist-
policeman and as many more as the council may think necessary, and
council may fix their salary not to be less than thirty dollars per
ith.
‘he police force, composed of the chief of police and assistant police-
1, shall be under the control of the mayor for the purpose of enforc-
peace and order, and executing the laws and ordinances of the city,
shall also perform such other duties as the council may prescribe.
23. For the purpose of enabling it to execute its duties and powers,
h member of the police force and each policeman is hereby made
| constituted a conservator of the peace and endowed with all the
rers of a constable in criminal cases, and all other powers which
ler the laws of the city may be necessary to enable him to discharge
duties of his office. Uniform rules and regulations shall be pre-
bed by the mayor and approved by the council. The pay of all
icemen shall be prescribed by the council.
24. The chief of police shall be collector of delinquent city personal
, fines, and such other levies and assessments as the council may
scribe. He shall take the delinquent personal property tickets deliv-
d to him by the city clerk and proceed to collect the same as the
neil may direct, and for that purpose shall have all the powers and
hority 4nd be subject to the same liabilities and penalties as are
scribed for the collector in the collection of state taxes and county
l city levies, and may be proceeded against in the same manner, so
as applicable and consistent with the provisions of this act. He
ll pay over to the city treasurer on the warrant of the city clerk all
es collected by him at least once a month, or oftener if required,
1 all moneys which come into the hands for taxes or otherwise be-
ging to the city. He shall report to the council at each stated
eting the amount of money collected by him and paid over as herein
ected. At the end of each fiseal vear he will return all delinquent
tickets in his hands which he has been unable to collect, appending
said report the reason why said tickets are returned. The said chief
police shall collect all fines imposed by the police justice, mayor, or
er officer, and shall, at least twenty-four hours before each stated
incil meeting, file with the clerk a report of all fines entrusted to
n for collection by the police justice, and said report shall conform
h the books of the police justice as to number of names and amounts
fines, and the said report shall show what disposition has been made
each fine, and the amount collected on fines shall be paid to the city
asurer on the warrant of the clerk. The said police officer shall re-
ve such compensation for the collection of taxes, et cetera, as the
incil may prescribe, and his salary and commissions together shall
no case exceed the sum of nine hundred dollars per annum.
125. If the chief of police fails or refuses to perform any of the
ties required of him by this act or by the city council or the mayor,
shall he fined not Jess than five dollars nor more than one hundred
Hars for cach offense, and he and his sureties on his official bond
shall be lable for all damages which may accrue to the city or any
other person, by reason of such failure or refusal.

126. There shall be appointed annually, if it is deemed necessary or
expedient by the city council, one street and water commissioner, whose
term of office shall be for one year, unless sooner removed; he shall
qualify in the same mode as other city oflicials; shall give bond in the
mode and penalty prescribed by the city council. Said commissioner
shall ascertain and furnish the city clerk with a true and accurate list
of each water consumer, and shall at least once a month correct said list,
by the addition thereto, of any new consumer, or the erasure therefrom
of any discontinuation of water supply. He shall assess water rents at
the rates fixed by the city council; he shall collect the same, and for all
sums paid him he shall issue a proper receipt therefor, and retain in
a book printed and prepared for that purpose a proper stub, giving
the date of the receipt, to whom issued, for what issued, the amount
issued, the location of the hydrant or other apparatus, and such other
data as the water commissioner or other committee of the council may
ordain and prescribe. He shall at least once a month deposit with
the city treasurer the amounts collected by him on the warrant of the
clerk issued as herein provided; and he shall, at the end of each quarter,
leave with the city clerk the receipt book used during that quarter, to-
gether with a written report of his collections, his acts and doings as
commissioner, and shall see that a copy of said report is laid before the
council at the first stated meeting after making such report, and the
amounts deposited by him with the city treasurer shall conform to the
amount reported paid by him. He shall report all unpaid water rents,
stating briefly opposite each delinquent item the cause for non-pav-
ment; and the committee of the council shall release him from its
collection if they find it properly returned delinquent, otherwise they
shall have power to charge the commissioner with such sums, and he
and his sureties on his official bonds shall be lable therefor.

127. The said commissioner shall perform all such duties in regard
to the streets and water-works' and the superintendence thereof, a:
the council may prescribe.

128. The council, if it is so advised and deems it expedient, may
delegate all the duties and powers of the street and water commissionce!
to some other officer herein or otherwise provided for.

129. The salary of said commissioner shall be fixed and determinec
by the city council.

130. If the commissioner fails or refuses to perform any of the dutie:
required of him by this chapter or the city council, he shall be fine
not less than five dollars nor more than one hundred dollars for eac]
offense, and he and his securities on his official bond shall be liable
for all damages which may accrue to the city or any other person bi
reason of such failure or refusal.

131. City attorney.—The city attorney, together with the mavor
shall have the management, charge, and control of all the law busines
of the city, and be the legal adviser of the mayor, police justice. cit?
council, or any committee thereof, and of the several departments of th
city government, and when required shall furnish written opinion
upon any subject involving questions of law submitted to him by th
council.
662 ACTS OF ASSEMBLY.

132. It shall be the duty of the city attorney to draft all bonds, deeds,
obligations, contracts, leases, conveyances, agreements, and other legal
instruments of different nature, which may be required of him by the
mayor, or any ordinance or order of the city council. It shall also be
his duty to commence and prosecute to action all suits to be commenced
by the city before any tribunal, whether in law or in equity, and also
to appear in defense of the rights and interests of the city, or any officer
of the city, in any suit or prosecution for any act in the discharge of
their official duties, wherein any estate, right, privilege, ordinance, or
acts of the city government may be called in question.

133. When the mayor or chief of police shall request him, he shall
appear before the mayor to represent the city in any case for: violation
of the ordinances, and he shall perform all such other services as are,
or may be, required of him by the mayor or city council.

134. The city attorney shall at the end of each fiscal year submit
to the council a report of all legal business transacted by him during
the preceding year, wherein shall be included a statement of all opinions
given the council or any city officials, all deeds and contracts prepared,
all cases tried and how disposed of and the legal status of all suits pend-
ing in which said city is interested, together with any other information
or suggestions he may deem pertinent.

135. He shall receive such compensation for his services as may be
fixed by the council.

136. The judge of the corporation court for said city shall receive an
annual salary of not less than ten hundred and fifty dollars, nor more
than twelve hundred dollars, to be fixed by the city council and to be
paid as provided by law; and said judge shall qualify by taking the
oath required by law within thirty days after receiving his commission,
said oath to be taken before a notary public or any clerk of court of
record and the same shall be recorded in the common law and order
book of the corporation court and the original filed by the clerk with
the oaths of other officers as herein provided. And said judge shall not
be permitted to practice law in any of the courts of this commonwealth.

137. The said city of Bristol shall be and remain a part and parcel
of the same legislative and senatorial district to which it belonged as the
town of Goodson, and to which it now belongs as the city of Bristol.

138. The present mayor, councilmen, and all other officers of the
city of Bristol shall continue to hold office, and to perform the duties
of their respective offices for said city, until their successors be elected
or appointed and qualified, as herein or elsewhere provided by law;
and all liabilities, actions, claims, contracts, and prosecutions hereto-
fore existing under the charter of the city of Bristol, shall remain and
continue as if this act had not been passed.

139. All ordinances now in force in the city of Bristol, not incon-
sistent with this charter shall be and remain in force until altered,
amended, or repealed by the council of said city.

140. All acts and parts of acts in conflict with this charter are hereby
repealed, in so far as they affect the provisions of this charter, and for-
mer charters for the city of Bristol are hereby repealed.

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

le