Chap. 297.—An ACT to amend the charter of the town of Abingdon, Va.

Approved February 19, 1894,

1. Be it enacted by the general assembly of Virginia, That so
much land, together with the improvements thereon, as is included
in the following described boundary lines, to-wit: Beginning on the
south side of the main road, at the northeast corner of the lot
purchased by G. V. Litchfield and others of Mistress Rosalie S.
Humes, by deed dated the first day of August, eighteen hundred and
eighty-three; thence south twenty-five and a half degrees east fifty-
eight and twenty-two poles and nine links to a planted stone in
Humes’ field; thence south sixty-four and one-half west four hun-
dred and twenty poles to a planted stone in Hurt’s field; thence
north twenty-five and a half west one hundred and nine poles and
six links, passing the western boundary of Snow, Ingrun and com-
pany’s tobacco factory lot, to a planted stone in the Abingdon acad-
emy field; thence north sixty-four and a half degrees east four hun-
dred and thirty poles to a planted stone in Thomas W. White’s
eleven-acre lot; thence south twenty-five and a half degrees east
fifty poles and twenty-two links to the beginning, shall be and con-
stitute the town of Abingdon, in the county of Washington, and
may sue and be sued in and by that name; and the inhabitants
thereof shall have and exercise the following powers and privileges:

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

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

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

5. The election for mayor and councilmen shall be held on the
fourth Thursday in May, eighteen hundred and ninety-four, and
every second year thereafter. The mayor and councilmen elected
under this act shal] enter upon the duties of their respective offices
the first day of July succeeding the election, and shall hold office
for two years. All] persons in office at the time of the passage of this
act shall continue in office until the first day of July succeeding the
first election held under this act, or until their successors are elected
and qualify.

6. The mayor and other municipal officers of said town, before
entering upon the duties of their respective offices, shall be sworn in
according to the laws of the state by any one authorized to admin-
ister oaths. If any person elected or appointed to any office in
said town shall neglect to take such oath for a period of thirty days
after receiving notice of his election or appointment, or shall, for
the like period of time, neglect to give such bond and surety as
may be required, he shall considered as having declined said office,
and the same shall be declared vacant, and such vacancy shall
be filled by the council by election or appointment, as the case may
require.

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

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

9. The council may, in their discretion, appoint a board of health
for the town, and invest it with authority for the prompt and efficient
performance of its duty.
10. The council shall, by ordinance, fix the time of its meetings.
It shall have authority to adopt such rules as it may deem proper
for the regulation of its proceedings and convenient transaction of
its business; to compel the attendance of its members; to punish
its members for disorderly behavior, and, by a vote of three-fourths
of the whole council, expel a member. The meetings of the council
shall be open to the public, except when the public welfare, in its
Opinion, requires secrecy.

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

12. The mayor shall, by virtueof his office, possess all the power,
authority and jurisdiction of a justice of the peace of Washington
county. He shall preside at all meetings of the council; appoint a
sergeant and assistant sergeants, and see that all ordinances of the
town are faithfully enforced. He shall have the power to veto any act
of the council, and the same shall not become an ordinance without
his approval in writing, or until it has received two-thirds of the
vote of the entire council upon and after his disapproval. He shall
have supervision over the conduct of all subordinate officers; have
power and authority to investigate their acts; have access to all
books and documents in their offices, and may suspend or remove
such officers for misconduct or neglect of duty, subject, however, to
the approval of the council. In case a vacancy shall occur in the
office of mayor from any cause, the president of the council shall
perform all the duties of the office until such vacancy is filled by an
election by the council for the unexpired term of such mayor.

13. The mayor or president of the council shall not be required
to issue warrants for the arrest of persons charged with a violation
of any town ordinance. He may admit any one charged with a
violation of an ordinance of said town to bail before trial.

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

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

To establish a market or markets for said town, and appoint prope:
officers therefor.
To establish, erect and provide in or near said town suitable build-
ngs for work-houses, houses of correction and reformation, and
nouses for the reception and maintenance of the poor and destitute,
for the officers of the said town, and for the confinement of prison-
rs, and to purchase and hold lands necessary upon which to erect
uch buildings.

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

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

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

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

To prevent hogs, dogs and other animals running at large in said
town, and subject the same to such regulations and taxation as 11
may deem proper. .

To prevent the riding and driving of horses or other animals at
an improper or dangerous speed, throwing stones or engaging 1n any
employment or sport on the streets or alleys dangerous or annoying
to the citizens, and to prohibit and punish the abuse and cruel treat.
ment of horses or other animals in said town.

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

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

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

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

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

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

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

19. The treasurer of the town shall have the right to appoint an
assistant, who shall have the same power and authority as an assist-
ant county treasurer.

20. The general law for the government of cities and town in the
commonwealth shall continue in force in said town of Abingdon, ex-
cept and in so far asthe same are modified or repealed by this
charter.

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

22. All acts and parts of actsin conflict with this act are hereby
repealed.

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