Chap. 741.—An ACT to amend and re-enact the seventh sub-section of section
19, and section 38 of the charter of the city of Manchester, as enacted by
the general assembly of Virginia by an act entitled “an act to provide a
charter for the city of Manchester,” approved March 20, 1874.

Approved March 8, 1900.

1. Be it enacted by the general assembly of Virginia, That the
seventh sub-section of section nineteen, and section thirty-eight of the
charter of the city of Manchester as enacted by the general assembly by
an act entitled “an act to provide a charter for the city of Manchester,”
approved March twentieth, eighteen hundred and seventy-four, be
amended and re-enacted so as to read as follows:

Sub-sec. VII. To close or extend, widen or narrow, lay out, graduate,
curb and pave, and otherwise improve streets, sidewalks, and public
alleys in the 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
or 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, and may prevent or remove any structure, obstruc-
tion or encroachment over or under or in any street, sidewalk, or alley,
avenue or public square in said city, and may permit or forbid shade trees
to be planted along said streets; but no company shall occupy with its
work, or any appurtenances thereof, the streets, sidewalks, or alleys of
the city without the consent of the council, duly entered upon its record.
The council shall have power to make charges for the occupation of
the streets, alleys, or public places of the city, and require payment there-
for, to be paid in the form of licenses, taxes, or rent charges, as the
council, in its discretion, may deem best. In the meantime no order
shall be made and no injunction shall be awarded by any court or judge
to stay the proceedings of the city in the prosecution of their work
unless it be manifest that they, their officers, agents, or servants are
transcending the authority given them by this act or the general laws
of this state, and that the interposition of the court is necessary to pre-
vent injury that cannot be adequately compensated in damages.

§ 38. The treasurer shall collect all taxes and assessments which may
be levied by the city, and all other city revenues, and perform such
other duties as may be prescribed by law or ordained by the city council.
The city council may, whenever in its discretion it deems the same to be
proper, elect a special city collector, who shall hold office during the
pleasure of the city council, and shall qualify before the hustings court,
or the judge thereof in vacation. He shall collect all such city taxes,
assesements, and other city revenues, whether the same may have been
returned delinquent or not, as the city council may direct the city treas-
urer or auditor to place in his hands for collection, and for that pur-
pose shall have all the powers and authority and be subject to the same
liabilities and penalties in relation thereto as are prescribed by law for
city and county treasurers in the collection of state and city taxes, so
far as applicable, and may be proceeded against for any default in his
official duties in same manner, as far as applicable. He shall pay into
the city treasury, as may be prescribed by ordinance, weekly, or oftener
if he thinks proper, all money which may come into his hands as col-
lector. Before entering upon the duties of his office as special collector
he shall enter into bond, with securities to be approved by the council,
in such amount as the council mav prescribe, said bond to be payable
to the citv of Manchester, and conditioned for the faithful discharge of
the duties of his office, which bond shall he recorded in the minute book
of the council, and the original filed in the office of the city clerk. He
shall receive such compensation for his services as the council may pre-
scribe. In addition to his powers of levy, he is hereby authorized, upon
any of the bills so placed in his hands, which are hereby declared to
have the force and effect of executions, to sue out garnishee proceedings
in the name of the city of Manchester against any person or corporation
before any justice or clerk in any city or county in this state. The city
sergeant shall still collect such bills as the council may provide shall
be placed in his hands, in accordance with the provisions of section fifty-
two of the charter of said city. The city council, in its discretion, may
elect a collector of capitation and personal property taxes not listed
with real estate tax bills, who shall hold office during the pleasure of the
city council, and shall, in relation to the bills directed by the council to
be placed in his hands by the auditor or treasurer, which are hereby
declared to have the force and effect of execution, possess the same
powers and perform the same duties, including garnishee proceedings,
as are hereinbefore vested in and imposed upon the special city collector
in relation to the bills placed in his hands. Such collector of capitation
and personal property taxes shall enter into bond, with securities to he
approved by the city council, in such amount as said council may pre-
scribe, and shall qualify in the manner hereinbefore prescribed for the
special city collector. He shall pay into the city treasury weekly, or
oftener, all collections made by him, and shall receive such compensation
as the city council shall prescribe.
2. This act shall take effect from its passage.