Chap. 269.—An ACT to amend and re-enact chapter 44 of the Code of Virginia
(1887) in relation to cities and towns, and to repeal sections 1039 and 1040 of
the Code of Virginia, and section 1043 of the Code of Virginia as amended and
re-enacted by an act approved March 4, 1896, and as attempted to be repealed by
an act approved March 7, 1900, and to repeal an act approved March 7, 1900,
entitled “an act to provide for local assessments in cities and towns.”

Approved May 20, 1903.

1. Be it enacted by the general assembly of Virginia, That chapter
forty-four of the Code of Virginia (eighteen hundred and eighty-seven)
be amended and re-enacted so as to read as follows:

§ 1013a. Definitions of the words “incorporated communities,”
“cities,” and “towns.”—As used in this chapter the words “incorporated
communities” shall be construed only to relate to cities and towns; all
incorporated communities having within defined boundaries a popula-
tion of five thousand or more shall be known as cities, and all incorpo-
rated communities having within defined boundaries a population of
less then five thousand shall be known as towns; but nothing in this
section ahall be construed to repeal the charter of any incorporated
community of less than five thousand inhabitants, having a city charter
at the time this act takes effect, or to prevent the abolition by such
incorporated communities of the corporation or hustings court thereof.
§ 1013). Enumeration of the population of towns in which it is
claimed there are five thousand or more inhabitants, with a view of
providing when they shall be incorporated as cities, in accordance with
the Constitution, and providing when such incorporated communities
shall be known as cities.

(1) Any town in the State claiming to have a population of five
thousand or more, and wishing to be incorporated as a city, may,
through its mayor and council, apply to the circuit court of the county
in which it is situated, or to the judge thereof, in vacation, to have a
legal enumeration of its population. When said application is made it
shall be the duty of said court, or the judge thereof, in vacation, forth-
with to divide such town into four districts, with well-defined bounda-
ries, numbercd one, two, three, and four, and to appoint for each of said
districts two enumerators, one of whom shall be a resident of the county
in which said town is situated, outside of said town, and recommended
by the board of supervisors of said county, and the other a resident of
said town, and recommended by the council thereof. In the absence
of recommendations the judge must proceed to make the aforesaid ap-
pointments. Before entering on their duties such appointees shall take
an oath before some notary public or other officer qualified to admin-
ister oaths under the laws of this State for the faithful discharge of
their duties.

(2) The said enumerators shall at once proceed to enumerate the
actual bona fide inhabitants of their respective districts. They shall
report to the said judge the result of their enumeration and a list of
the persons enumerated by them within a reasonable time after their
appointment. If they shall disagree as to whether a person or persons
shall be enumerated they shall report their disagreement to the said
court or the judge thereof, in vacation, who shall take evidence and
determine whether the said person or persons are actual bona fide in-
habitants of said town. If he finds affirmatively, he shall add their
names to said list; but if he finds otherwise, he shall direct the name
of such person or persons to be omitted therefrom.

(3) The said court, or the judge thereof, in vacation, shall cause to
be tabulated and consolidated said lists, showing the whole number of
inhabitants in said town, and enter the result thereof in the record of
his court, the costs of which shall be the same as is paid for similar
work in other proceedings.

(4) The said judge shall allow each enumerator three dollars per day
for each day actually employed by him in making said enumeration. He
shall certify the allowance to the enumerators and costs to the council
of said town for payment out of the town treasury, and the same shall
be a legal charge upon said town.

(5) If it shall appear to the satisfaction of the court, or the judge
thereof, in vacation. from such enumeration that such incorporated
community has a population of five thousand or more, such court or
judge shall thereupon enter an order declaring that fact to exist, and
thereafter such incorporated community shall be known as a city, and
entitled to all the privileges and immunities, and subject to all the re-
sponsibilities and obligations pertaining to cities of this Commonwealth.
and the court or judge, as the case may be, shall further prescribe in
said order the number of members of which the council of said city
shall consist, and in any case where there is more than one branch
shall prescribe the number of members of each branch, a copy of which
order shall be certified by the court or judge to the secretary of the
erCrarenln, by whom it shall be certified to all proper officers of
the State.

§ 1014. Survey and plan of cities and towns to be made and re-
corded ; effect of plan as evidence.—The council of every city and town
shall (unless it has already been done) cause to be made a survey and
plan of such city or town, showing distinctly each lot, public street, and
alley therein, the size and number of the lots, and the width of the
streets and alleys, with such explanations or remarks as they may deem
proper. The said plan, when approved by the council, shall be entered
in some one of their books, and afterwards recorded, in the case of a
city, in the clerk’s office of the corporation or hustings court of such
city, and in case of a town, in the clerk’s office of the county in which
said town or the greater part thereof is, and when so recorded shal!
Temain in said office. Said plan shall be prima facie evidence of the
boundaries of the said lots, streets, and alleys.

§ 1015. Wards of cities; how changed; map. of wards to be recorded,
and description, et cetera, published—The wards of the several cities
shall be as now established ; except that the council of any city, in addi-
tion to.the powers conferred upon them by section one hundred and
fourteen, shall have power. from time to time, to alter boundaries ani
the names or numbers of the wards of said city, or any of them, and
rearrange, increase, or diminish the number thereof, as they may deem
proper, subject, however, to the provisions of sections ten hundred and
fifteen (5) and ten hundred and fifteen (c) of this chapter. When any
such change is made, the council shall cause a map or diagram to he
made of the wards as changed, showing distinctly the boundaries and
name or number of each, and lodge the same with the clerk of the cor-
poration or hustings court of the city, who shall record the same in his
office and furnish an attested copy thereof to the keeper of the rolls:
The council shall, moreover, as soon as the change has been made,
cause a description of the boundaries and the names or numbers of the
wards, as changed, to be published for ten davs in some newspaper of
general circulation published in the said citv: provided, that no such
change shall be made within thirty days next preceding any general
election in said city. The council of anv euch city shall, in making
any such change, so provide that each ward shall contain as nearly as
may be an equal number of inhabitants, and for the transfer of all
registered voters to their proper precincts and wards, withont re-regis-
tration by them on account of such change.

$1015a. There shall be in every city a council. In cities of ten
thousand or more population it shall consist of two branches, having
a different number of members, one of which shall be called the “com-
mon council,” and be composed of not less than fourteen nor more than
forty members, and the other shall be called the “board of aldermen,”
and be composed of not less than eight nor more than twenty-two mem-
bers. In cities of under ten thousand population the council shall
consist of only one branch, which shall be called its common council,
and be composed of not less than eight nor more than forty members.
The members of the council of each city, and of each branch thereof,
when the council consists of two branches, shall be residents of their
respective wards and qualified voters therein, and shall be elected by
the qualified voters of such wards, and, so far as practicable, each ward
in every city shall have equal representation in the council, and in each
branch thereof, where it consists of two branches, in proportion to the
population of such ward. The members of every council, and of each
branch thereof. when it consists of two branches, shall be elected for a
term of four years; but upon the first assembling under this act of
every council, and of each branch thereof, where there are two, the
members of each branch thereof shall be divided into two equal classes,
to be determined by lot, and the term of the members of the first class
shall be two years, and that of the members. of the second class shall
be four years, and thereafter the terms of all the members of each class
shall be four years, so that one-half of each branch shall be elected
every two years: provided, however, that in cases where the total mem-
bership of a branch is uneven, provision may be made in such division
into classes for the assignment of the odd number to one of such classes:
and provided. that all elections to fill vacancies in any council shall be
for the unexpired term: and provided, further. that nothing in this
section in conflict with the charter of any city, whose council now con-
sists of two branches, shall affect the charter of said city, except in so
far as the same is affected by the Constitution. In those cities where
the council is already composed of two branches, it shall be the duty of
said council to provide by ordinance the number of members which
each branch shall have, so that the same shall not be more than the
maximum or less than the minimum number provided for in this sec-
tion, and to apportion the same among the wards of said city, and in
any city having a population of ten thousand or more, where the coun-
cil now consists of only one branch, it shall be the duty of said council
to provide by ordinance for the number of members of each branch,
and to apportion the same among the wards of said city.

8 1015b. Council to reapportion representation among wards, when
obligatory upon council to change boundaries of wards.—The council
in every citv shall. in the year nineteen hundred and three, and everv
tenth vear thereafter, and also whenever the boundaries of such wards
are changed, shall by ordinance prescribe the number of members of
its branch and reapportion the representation of the council among
the wards, but so as to give, as far as practicable, to each ward of such
citv equal representation in the council thereof, or in either branch of
said council, in proportion to the population of each ward. In deter-
mining such population, the council shall be governed by the last
United States census, or such other enumeration as may be authorized
by the general assembly: provided, however, that whenever, by the
last United States census, or other enumeration made by authority of
the general assembly, it shall appear that the population in any ward
exceeds that of any other ward by as much as three thousand inhabi-
tants, or whenever the corporate limits of the city shall be extended
or contracted, it shall be the duty of the city council to redistrict the
city into wards, or so change the boundaries of existing wards, or so
increase or diminish the number of wards as that no one ward shall
exceed any other ward in population by more than three thousand in-
habitants. In case of such other enumeration as may be authorized by
the general assembly, unless otherwise authorized by law, the enume-
rators shall be named by the judge of the corporation court of such
city, if there be such court; and if not, by the judge of the circuit court
thereof, or in case of a town by the judge of the circuit court of the
county in which such town in located.

§ 1015c. Mandamus to lie in case of failure of council to reapportion
representation or change boundaries of wards as prescribed in the pre-
ceding section Whenever the council of any city shall fail to perform
the duty of reapportioning the representation among the wards of such
city, or shall fail to change the boundaries of wards, as prescribed in
the preceding section, a mandamus shal] lie in favor of any citizen of
anv such city to compel the performance of such duty.

§1015d. Members of city councils to be ineligible during tenure of
office, and for one year thereafter, to any office to be filled by the coun-
cil of which they may be members——No member of any council shall
be eligible, during his tenure of office as such member, or for one year
thereafter, to any office to be filled by the council—by election or by
appointment.

§1015e. Vacancy; how filled—When any vacancy shall occur in the
council of a city having one branch, or in either branch of the council
of any city having two branches, by death, resignation, removal from
the ward, failure to qualify, or from any other cause, the council, or
the branch, as the case may be, in which such vacancy occurs, shall
elect a qualified person to supply the vacancy for the unexpired term.

§1015f. Presiding officers «7 city councils: their duties —The coun-
cil of a city having one branch, and each branch of the council of a city
having two branches, shall elect one of its members to act as president.
who shall preside at its meetings and continue in office two vears. unless
elected to fill a vacancy, when the election shall be for the unexpired
term. The council. or each branch, as the ease may be, shall also elect
one of its members to be a vice-president, who shall preside at such
meetings in the absence of the president. and who. when the president
shall he absent from the citv or unable to perform the duties of his
office hy reason of sickness or other cause, shall perform anv and all
duties required of or entrusted to such president under any provision
of this chapter. When, for any cause, both the president and the vice-
president shall be absent from any meeting. a president pro tempore
shall be elected by the council or by that branch in which such ab-
sence may occur, who shall preside during the absence of the president
and vice-president. The president, vice-president, or president pro
tempore, who shall preside when the proceedings of a previous meeting
are read. shall sign the same. The president of the council, or of either
branch, or the vice-president, when authorized as above stated to act
for the president, shall have power at any time to call a meeting of the
council, or of his branch of the council, as the case may be; and, in
case of absence, sickness, disability, or refusal to act of both the presi-
dent and the vice-president of the council, or branch of the council, it
may be convened by the order in writing of any three members of said
council or branch.

§ 10159. Rules and officers of councils; investigations by councils
and by boards of fire and police commissioners—The council, or each
branch. as the case may be, shall have authority to adopt such rules and
to appoint such officers and clerks as it may deem proper for the regu-
lation of its proceedings, and for the convenient transaction of busi-
ness, to compel the attendance of absent members, to punish its mem-
bers for disorderly behavior, and by a vote of two-thirds of its members,
to expel a member for malfeasance or misfeasance in office. The coun-
cil, or each branch, shall keep a journal of its proceedings, and its meet-
ings shall be open, except when by a recorded vote of two-thirds of
those present the council shall declare that the public welfare requires
secrecy. The council, or either branch of the council, or any of its
committees, when authorized by the said council or branch, the board
of police commissioners, and the board of fire commissioners, if there
be such boards. may each, in any investigation held by them, respec-
tively, within their respective powers and duties, order the attendance
of anv person as a witness, and the production of anv person or all
proper books and papers. Anv person refusing or failing to attend
or to produce such books and papers mav be summoned by such
investigating body before the police justice. or in case there is
no police justice, before the mayor, or other officer having the
powers of a justice of the peace of the citv, and upon failure
to give a satisfactory excuse. mav be fined by him not exceeding the
sum of one hundred dollars or imprisoned not exceeding thirty days:
such person to have the right of appeal. as in case of misdemeanor, to
the hustines or corporation court of said citv. Such witness mav he
sworn bv the officer presiding at such investigation, and shall he liable
to prosecution for periury for anv false testimony given at such inves-
tigation.

§ 1015h. Rules as to quorum and the passage o fcertain ordinances.—
A majority of the members of the council, or of either branch. shall
constitute a quorum for the transaction of business. No vote shall be
reconsidered or rescinded at any special meeting, unless at such special
meeting there be present as large a number of members as were present
when such vote was taken. No ordinance or resolution appropriating
money exceeding the sum of one thousand dolJars, imposing taxes, or
authorizing the borrowing of money shall be passed by the two branches
on the same day, neither shall the branch in which any such ordinance
or resolution is proposed, whether the council be composed of one or
of two branches, pass the same on the day of its introduction, nor shall

co
any such ordinance or resolution be valid unless at least three days in-
tervene between its passage by the said branches, respectively.

$1016. Election or appointment of charter officers of cities —The
officers of all cities, whose election or appointment is not otherwise pro-
vided for herein or under the general statutes of the State or charters
of the several cities, shall be elected or appointed by the councils of the
several cities: provided, that where provisions are made in the charter
of any city for the office of register, or chamberlain, or assessor, no such
officers shall be elected, but the duties heretofore devolving on such
Tegister, or chamberlain, shall be performed by the city treasurer, and
the duties heretofore devolving on such assessors shall be performed
by the commissioner of revenue: and provided, further, that wherever
the council consists of more than one branch, the election or appoint-
ment by the city council shall be made bv the two branches in joint
meeting. The president of the board of aldermen shall preside at such
joint meeting, and each member of the two branches shall be entitled
to one vote in all such elections or appointments, as well as in all other
joint meetings of the two branches of the council.

§ 1017. Duties, pay, and liabilities of clerks of courts, and attorneys
for Commonwealth, of cities—The clerk of the corporation or hustings
court of a city, and the clerk of the circuit and chancery courts, or any
other courts thereof, and the attorney for the Commonwealth of a city,
shall perform like duties, receive the same fees, and be subject to the
same liabilities as the clerks of the circuit courts, and attorneys for the
Commonwealth, of counties; and the said officers, and each of them,
shall, in addition, perform such other duties, receive such compensation
therefor, and be subject to such liabilities in respect thereto as may be
prescribed in the charter of the city, or by law, or lawfully imposed by
its council.

§101%a. Powers and duties of the police force of the cities and
towns of the Commonwealth of Virginia —(1) The officers and privates
constituting the police force of the cities and towns of the Common-
wealth of Virginia shall be, and they are herchv, invested with all the
power and authority which now belong to the office of constable at com-
mon law in taking cognizance of. and in enforcing the criminal laws of
the said Commonwealth, and the ordinances and regulations of the city
or town, respectively, for which they are appointed or elected; and it
shall be the duty of each and every one of such policemen to use his
best endeavors to prevent the commission, within the said city or town.
of offenses against the laws of said Commonwealth and against the ordi-
nances and regulations of said city or town; to observe and enforce all
such laws, ordinances, and regulations; to detect and arrest offenders
against the same; to preserve the good order of the said city or town,
and to secure the inhabitants thereof from violence and the property
therein from injurv.

(2) Such policeman shall have no power or authority in civil mat-
ters, but he shall in all other cases execute such warrant or summons as
may be placed in his hands by any justice of the peace for said city or
town. and shall make due return thereof.

(3) Such policeman shall not receive any fee or other compensation
out of the treasury of the Commonwealth or the city or town for any
service rendered under the provisions of this act other than the salary
paid him by the city or town; nor shall he receive a fee as a witness
in any case arising under the criminal laws of the said Commonwealth,
or under the ordinances or regulations of the said city or town. If,
however, it shall become necessary or expedient for him to travel be-
yond the limits of said city or town in his capacity as a policeman or as
a witness, he shall be entitled to his actual expenses, to be allowed and
paid as is now provided by law for other expenses in criminal cases.

(4) Nothing contained in this act shall be construed as prohibiting
a policeman from claiming and receiving any reward which may be
offered for the arrest and detention of any offender against the criminal
laws of this or any other Commonwealth or nation.

$1018. Of city sergeant.—The sergeant of a city shall perform the
duties, receive the compensation, and be subject to the liabilities pre-
scribed in the charter of his city or by law, and shall also, within the
jurisdiction of the court of his city, exercise the same powers, perform
the same duties, and be subject to the same liabilities touching all pro-
cess issued by the court of such citv. or bv the clerk of such court, or
otherwise lawfully directed to him, that the sheriff of a county exercises,
performs, and is subject to in his county.

§ 1019. Allowances to sergeant by city court.—There shall be
chargeable to each city such sum as the court thereof may allow to the
sergeant attending it for services rendered to the said city: provided,
that no such allowance shall be made under this section for services
rendered by the said officer in criminal prosecutions on behalf of the
Commonwealth; but the judge of the hustings or corporation court of
any city may, with the consent of the city council, make allowance to
the sergeant of said city for services in criminal cases, payable out of
the city treasury.

§ 1020. Accepting or holding certain offices vacates office of justice.
If any justice accept or hold the office of clerk of a court, sheriff, ser-
geant, coroner, or constable, or deputy of either, or any other office
incompatible with that of justice, such acceptance or holding shall
vacate the office of justice.

§ 1021. Election of mayor and councilmen of towns.—In every town
there shall be elected every two years. on the second Tuesday in June,
one elector of the said town. who shall be denominated the mayor, and
six other electors, who shall be denominated the councilmen of said
town. The mayor and councilmen shall constitute the council of said
town.

§ 1022. Appointment.of registrars and judges of election.—The elec-
toral board of the county within which such town or the greater part
thereof, is situated, shall, not less than fifteen days before any town
election therein, appoint one registrar and three judges of election,
who shall also act as commissioners of election. The said registrar
chall. before anv election in said town, register all voters who are resi-
dents of such town. and who shall have previously registered as voters
in the county. or either of them, in which said town is situated. and
none others. The said registrar shall be governed, as to his qualifica-
tion and powers, and in the performance of his duties, by the general
laws of this Commonwealth, so far as the same may be applicable.

§ 1023. Opening of polls, et cetera, to conform to general law.—
Such list of registered voters shali be placed by the registrar in the
hands of the judges of election, who shall, xt the time and in the man-
ner prescribed by law, open a poll at the place designated by the proper
officer; and the manner of receiving the ballots and canvassing the vote
shall conform to the general law.

§ 1024. Who may vote.—The electors of a town sha'l be actual resi-
dents thereof and qualified to vote for members of the general assembly.

§ 1025. Returns of elections——The election shall close at sunset of
the day thereof, and the judges shall count the ballots and make dupii-
cate returns of the result. One of said returns, with the ballot sealed
up, shall be returned to the clerk’s office of the court of the county;
the other shall be returned to the council and recorded in the record
book of said council.

§ 1026. Only one voting place; notice of election; how given.—There
shall be but one voting place in each town, which shall be fixed by
ordinance, or, if there be no such ordinance, then by the judges of
election. Of the time and place of such election five days’ notice shall
be given by the sheriff to the electors of the town, by causing written
or printed notices to be posted at three or more public places within the
corporation, and in such other mode as he may deem best.

§ 1027. Penalty on sheriff—If any sheriff fail to perform any duty
required of him by the preceding section, he shall forfeit to the town
one hundred dollars. Any proceeding to enforce such forfeiture, shall
be commenced within one year after the same was incurred.

§ 1028. When town officers to qualify——The persons so elected shall
enter upon the duties of their office on the first dav of September next
succeeding their election, and shall continue in office until their suc-
cessors are qualified.

§ 1028a. Extending the terms of the various officials of the several
incorporated towns of the Commonwealth, in order to conform to the
Constitution —(1) For the purpose of conforming to the Constitution
of this Commonwealth, the terms of all officers elected by the qualified
voters of each incorporated town in this Commonwealth, and of their
successors, now in office, which would terminate prior to the first dav
of September, nineteen hundred and three, except for the provision of
this section, are hereby continued and extended until September the
first, nineteen hundred and three, and thereafter until the successors
of anv such officers shall have been elected and have qualified: provided,
that the terms of office of all of the officers elected by the qualified
voters of such incorporated town, and of their successors now in office,
which. but for the provision of this section, would expire after Septem-
her the first. nineteen hundred and three. and before September the
first, nineteen hundred and four, are herebv continued and extended
until Sentermher the first, nineteen hundred and four, and thereafter
until their cnecessors shall have heen elected and have analified: pro-
vided, that in anv town where the term for which the officers of said
town has already terminated, and when said officers at the time of the
passage of this act are continuing in office until their successors are
elected and qualified, the term of said officers is extended until the
first day of September next succeeding the time designated in the char-
ter for the regular election of officers for any such town, and their
successors shall be elected on the second Tuesday in June of such year.

(2) Any vacancy that may occur in any such office, the term of
which is continued and extended by this section, occuring during such
continuation or extension, shall be filled in the manner now prescribed
by law for filling such vacancies.

(3) The successors to any such officials now in office shall be elected
on the second Tuesday in June, immediately prior to the termination
of the terms of office of such officials, and every two years thereafter,
and their terms of office shall begin on the first day of September next
succeeding their election, and shall continue two years.

(4) All other officials of any town in this Commonwealth, whose
terms of office would expire on other dates, are hereby continued in
office, as provided in subsection one of this section, and thereafter until
their successors have been appointed and have qualified; and any vacan-
cies occurring in any such appointive offices during the time of such
oo eal or extension shall be filled in the manner now prescribed

y law.

(5) Each and every official, whose term of office is hereby extended,
shall possess all of the rights, powers, and privileges, and be subject to
all of the liabilities during such continuation or extension in office as
at present provided by law.

§ 1029. Oath of councilmen; oaths of mayor.—Every person elected
a councilman of a town shall take an oath faithfully to execute the
duties of his office to the best of his judgment. The person elected
mayor shall take the oaths prescribed by law for all State officers.

§ 1030. Council of town to judge of returns of members; may pun-
ish or expel members; when and where new election to be held; how
vacancies filled——The council of a town shall judge of the election,
qualification, and returns of its members; may fine them for disorderly
behavior, and, with the concurrence of two-thirds, expel a member. If
any person returned be adjudged disqualified or be expelled, a new
election to fill the vacancy shall be held at the same place, on such day
as the council may prescribe. Any vacancy occurring otherwise during
the term for which any of the said persons have been elected may be
filled by the council by the appointment of any one eligible to such
office. A vacancy in the office of mayor may be filled by the council
from the electors of said town.

§ 1031. Suspension and removal of other town officers—The coun-
cil shall have power to suspend and remove all other town officers,
whether they be elected or appointed, for misconduct in office or neg-
lect 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
coppiane of, and an opportunity afforded him to be heard in his

lefense.
§ 1032. How far jurisdiction of corporate authorities extends.—The
jurisdiction of the corporate authorities of each town or city, in crimi-
nal matters, and for imposing and collecting a license tax on all shows,
performances, and exhibitions, shall extend one mile beyond the cor-
porate limits of such town or city.

§ 1032a. Clerk of courts of cities—In each city which has a court,
in whose office deeds are admitted to record, there shall be elected for a
term of eight years, by the qualified voters of such city, a clerk of said
court, who shall perform such other duties as may be required by law.
There shall be elected, in like manner and for a like term, all such ad-
ditional clerks of courts for cities as may be authorized by law, so long
as such courts shall continue in existence. But in no city of less than
thirty thousand inhabitants shall there be more than one clerk of the
court, who shall be clerk of all the courts of record in such city.

§ 1032b. Commonwealth’s attorneys for cities——In every city, so
long as it has a corporation court or a separate circuit court, there shall
be elected, for a term of four years by the qualified voters of such city,
one attorney for the Commonwealth, who shall also, in those . cities
having a separate circuit court, be the attorney for the Commonwealth
for such circuit court.

§ 1032c. City and town officers to be chosen by electors when not
otherwise provided.—All city and town officers, whose election or ap-
pointment is not otherwise provided for, shall be elected by the electors
of such city or town, or of some division thereof.

§ 1033. Mayors of cities; how chosen; their duties; appeals from
their decisions; how removed for malfeasance, et cetera.—In every city
there shall be elected by the qualified voters thereof a mayor for a
term of four years, who shall be the chief executive officer of such city,
and shall take care that the by-laws and ordinances thereof are fully
executed. The mayor shall see that the duties of the various city offi-
cers, members of the police and fire departments, whether elected or
appointed, in and for such city, are faithfully performed. He shall
have power to investigate their acts, have access to all books and docu-
ments in their offices, and may examine them and their subordinates on
oath. The evidence given by persons so examined shall not be used
against them in any criminal proceedings. He shall also have power
to suspend such officers and the members of the police and fire depart-
ments, and to remove such officers 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 opportunity afforded him to be heard in person
or by counsel, and to present testimony in his defense. From such
order of suspension or removal, the city officer so suspended or removed,
or the member of the police or fire department so suspended, unless
the charter of the city provides for an appeal to the board of police
commissioners, or to the board of fire commissioners, shall have an
appeal of right to the corporation court; or, if there be no such court,
to the circuit court of such city, in which court the case shall be heard
de novo by the judge thereof, in term time or in vacation, whose de-
cision shall be final. He shall have all other powers and duties which
may be conferred and imposed upon him by general laws. The corpo-
ration court of a city may remove the mayor of said city from office
for malfeasance, misfeasance, or gross neglect of official duty, and such
removal shall be deemed a vacation of the office. All proceedings
against a mayor for the purpose of removing him from office shal! be
by order of or motion before said court, upon reasonable notice to the
party affected thereby, and with the right to said party of an appea’
to the supreme court of appeals.

§ 1033a. Mayors and councilmen of towns to have powers and au-
thority of justices; appeals from their decisions—The mayors of towns
and the other members of the councils shall each be clothed with all
the powers and authority of a justice in civil matters within the corpo-
rate limits of the town, and in criminal matters within said limits and
one mile beyond same; and shall have power to issue process, heer and
determine all prosecutions, cases, and controversies which may arise
under the by-laws and ordinances of the town; impose fines an/l inflict
punishments when and wherever they are authorized by the said by-
laws and ordinances, and issue executions for the collection of said
fines; and appeals may be taken to the court of the county from their
decisions in both civil and criminal matters in the same manner, and
upon the same terms, and be tried in the same way as appeals from the
decision of a justice are taken and tried in like cases, except that no
appeal shall be granted from the decision of the mayor or the member
of the council trying same imposing a fine for the violation of any of
the ordinances or by-laws of said town for offenses not made criminal
by the common law or the statutes of Virginia until and after bond
be given by the person so fined, with security approved by the officer
imposing the same or the mayor, conditioned to pay all fines, costs,
and damages that may be awarded by the said court on appeal; tha
penalty of said bond to be double the sum sufficient to pay all such fines,
costs, and damages. Should the decision of the officer rendering the
same be affirmed, in wholg or in part, the said court shall enter
judgment against the said principal and surety for the amount so
affirmed, with costs, before the officer trying the same, and the costs of
the appeal and execution shall be issued thereon in the name of the
town against both principal and surety.

§ 10330. Mayors, councils, and other elective officers of cities; when
elected; when their terms begin, et cetera—The mayors and council:
of cities shall be elected on the second Tuesday in June, immedistely
preceding the expiration of the terms of office of their predecessors,
and their terms of office shall begin the first day of September succeed-
ing; all other elective officers of cities provided by this chapter, or
hereafter authorized by law, shall be elected on the Tuesday after the
first Monday in November, and their terms of office shall begin on the
first day of January succeeding, except that the terms of office of clerks
of city courts shall begin coincidently with those of the judges of their
said courts. The terms of members of the city council now in office
shall be continued until September the first, nineteen hundred and
four, and all elections to fill such offices thereafter shall be held in
pursuance of section ten hundred and fifteen (a) of this act.

§ 1033c. Veto power of mayor of a city; when ordinance may become
operative, notwithstanding his objections; vote to be entered on Jour-
nal; no ordinance, et cetera, appropriating over one hundred dollars in
money or authorizing the borrowing of money to be passed, except by
recorded affirmative vote of a majority of all members.—Every ordi-
nance, or resolution having the effect of an ordinance, passed by the
council of a city, shall, before it becomes operative, be presented to the
mayor of such city. If he approve he shall sign it, but if not, if the
council consist of two branches, he may return it, with his objections
in writing, to the clerk, or other recording officer, of that branch in
which it originated; which branch shall enter the objection at length
on its journal and proceed to reconsider it. If, after such considera-
tion, two-thirds of all the members elected thereto shall agree to pass
the ordinance of resolution, it shall be sent, together with the ‘objec-
tions, to the other branch, by which it shall likewise be considered,
and if z;proved by two-thirds of all the members elected thereto, it
shall become operative, notwithstanding the objections of the mayor.
But in all such eases the votes of both branches of the council shall
be determined by ycas and nays, and the names of the members voting
for and against the ordinance or resolution shall be entered on the
journal of each branch. If the council consist of a single branch, the
mayor’s objection in writing to any ordinance, or resolution having the
effect of an ordinance, shall be returned to the clerk or other recording
officer of the council, and be entered at length on its journal; where-
upon the council shall proceed to reconsider the same. Upon such con-
sideration the vote shall be taken in the same manner as where the
council consists of two branches, and if the ordinance or resolution be
approved by two-thirds of all the members elected to the council, it shall
become operative, notwithstanding the objections of the mayor. If
any ordinance or resolution shall not be returned by the mayor within
five days (Sundays excepted) after it shall. have been presented to him,
it shall become operative in like manner as if he had signed it, unless
at term of office, or that of the council, shall expire within said five

ays. ;

The mayor of a city shall have the power to veto any particular item
or items of an appropriation ordinance or resolution: but the veto
shall not affect any item or items to which he docs not object. The
item or items objected to shall not take effect except in the manner
provided in this section as to ordinances or resolutions not approved
by the mayor. No ordinance or resolution appropriating money ex-
ceeding the sum of one hundred dollars, imposing taxes, or authorizing
the borrowing of money, shall be passed, except by a recorded affirma-
tive vote of a majority of all the members elected to the council or to
each branch thereof, where there are two; aud in case of the veto by
the mayor of such ordinance or resolution, it shall require a recorded
affirmative vote of two-thirds of all the members elected to the coun-
cil, or to each branch thereof, where there are two, to pass the same over
such veto in the manner provided in this section. Nothing contained in
this section shall operate to repeal or amend any provision in any
existing city charter requiring a two-thirds vote for the passage of any
ordinance as to the appropriation of money, imposing taxes, or author-
izing the borrowing of money.

§ 1033d. Streets, et cetera, of cities and towns not to be used for
certain purposes, without previous consent of corporate authorities.—
No street railway, gas, water, steam or electric heating, electric light or
power, cold storage. compressed air, viaduct, conduit, telephone, or
bridge company, nor any corporation, association, person, or partner-
ship engaged in these or like enterprises, shall be permitted to use the
streets, allevs, or public grounds of a city or town, without the previous
consent of the cornnrate authorities of such city or town.

8 1033e. Restrictions on the granting of franchises and selling of
public property bv cities and towns.—The rights of no citv or town in
and to its water front, wharf property, nublic Jandings. wharves, docks,
streets, avenues, parks, bridges, and other public places, and its gas,
water, and electric works shall be sold, except by an ordinance or reso-
lution passed by a recorded affirmative vote of three-fourths of all the
members elected to the council, or to each branch thereof, where there
are two, and under such other restrictions as may be imposed by law;
and in case of the veto by the mayor of such an ordinance or resolu-
tion, it shall require a recorded affirmative vote of three-fourths of all
the members elected to the council. or to each branch thereof, where
there are two. had in the manner heretofore provided for in this chap-
ter, to nass the same over the veto. No franchise. lease. or right of
any kind to use any such public property, or any other public property
or easement of any description, in a manner not permitted to the gene-
ral public, shall be granted for a longer perind than thirty years. Be-
fore granting anv such franchise or privilege for a term of years, except
for a tronk railway. the municipalitv shall first, after due advertise-
ment, receive bids therefor publicly, in such manner as is provided by
the following section, and shall then act as may be required hy law.
Such grant, and any contract in pursuance thereof. mav provide that
upon the termination of the grant the plant as well as the propertv, if
any, of the grantee in the streets. avenues and other public places shall
thereupon. withont compensation to the grantee, or upon the pavment of
a fair valuation therefor, he and become the property of the said citv or
town; hut the grantee shall be entitled to no payment by reason of the
value of the franchise: and anv such vlant or pronertv acauired bv a city
or town mav be sold or leased. or, if authorized bv law. maintained,
controlled. and operated by such citv or town. Every such grant shall
specify the mode of determining anv valuation therein provided for,
and shall make adeauate provision bv wav of forfeiture of the grant.
or otherwise, to secure efficiency of public service at reasonable
rates. and the maintenance of the pronertv in gond order throushout
the term of the grant. Nothing herein contained chall be construed
as repealing anv additional] restriction now reouired in any existing
municipal charter. in relation to the nowers of cities and towns in
grantine franchises or in selling or leasing any of their property.
§ 1033f. Regulating the grant of franchise, et cetera, by cities and
towns, and providing for the advertisement thereof and the public
reception of bids therefor, and providing for the enforcement of the
obligations of the grantees, grantors, or owners of franchises, and pro-
viding penalties for the usurpation of or violation of the terms and
provisions of franchises.—(1) Before granting any franchise, privilege,
lease, or right of kind to use any public property, or easement of any
description, except in the case of and for a trunk railway, it shall be
the duty of the city or town proposing to make the grant to advertise
the ordinance proposing to make the grant, after its terms shall have
been approved by the mayor, once a week for four successive weeks
in a newspaper published in said city or town; or, if no newspaper be
published therein, then in some newspaper having general circulation
therein; and the ordinance may be also advertised as many times in
such other newspaper or newspapers, published in or out of the city or
State, as the council or board of trustees, as the case may be, may
select and determine upon.

(2) Such advertisement shall invite bids for the franchise, privilege,
or right proposed to be granted in the ordinance, which bids are to be
delivered upon a day and hour named in the advertisement to the pre-
siding officer of the council or board of trustees of the city or town;
or, if there be more than one branch thereof, to the presiding officer of
the most numerous branch of the city council, in open session. The
costs of the advertising herein required shall be paid by the city or
town; which, however, shall be reimbursed by the person or corporation
to whom the grant is finally made. The city or town shall have the
right to reject any and all bids, and shall reserve this right in the ad-
vertisement hereinbefore required: provided, however, that the fran-
chise or right advertised shall be awarded to the highest responsible
bidder, unless in the opinion of the majority elected to the council,
and to each branch thereof, if there be two branches, the public inte-
rests will be better served by awarding the same to some other bidder,
or by rejecting all bids and advertising anew, and in either such case
the reasons therefor shall be spread upon the record or journal.

(3) The presiding officer aforesaid shall read aloud, or cause to be
read aloud. the bids that have been received for public information,
and shall then inquire if anv further bids are offered. If further bids
are offered they shall be received until no further bid is offered; but
if not, the presiding officer shall declare the bidding closed, and the
bids that have been received shall be communicated in due course to
the other branch of the citv council. if there be another branch. After
reference to committee and such other investigation as the council, or
either branch of the council sees fit to make, it shall he the duty of the
council, if it sees fit to make the grant, to accent the highest and best
bid, and to enact the ordinance as advertised, without substantial varia-
tion, except as to the insertion of the name of the accepted bidder:
provided, that the council may. by a recorded vote of a majority of the
members elected to the council, and to each branch thereof, if it be a
council having two branches. reject a higher and accept a lower bid.
and award the said franchise, right, or privilege to the lower bidder,
if, in its opinion, some reason affecting the interest of the city or town
makes it advisable so to do, which reason shall be itself expressed in
the body of the subsequent ordinance granting the franchise, right, or
privilege; but if, after such advertisements, no bid, or no satisfactory
bid, shall be made, the council may advertise for further bids, and in
case no bid at all is made, the council may, if it sees fit so to do, enact
an ordinance in the manner required by law granting such franchises,
rights, or privileges to any person or corporation making application
therefor: provided further, however, that the person or corporation to
whom any such franchise, right, or privilege is awarded, whether by
competing bids or otherwise, as hereinbefore provided, shall first execute
a bond, with good and sufficient security, in favor of the city or town,
in such sum as said city or town shall determine, conditioned upon the
constructing and putting into operation and maintaining the plant or
plants provided for in the franchise, right, or privilege granted.

(4) The subsequent ordinance actually making the grant, with a
detailed list giving names, amounts, and addresses of all bidders, shall
be presented to the mayor for his information and for his approval or
disapproval, as in the case of all other ordinances.

(5) No amendment or extension of any such franchise, right, or
privilege that now exists, or that may hereafter be authorized, which
extends or enlarges such franchise, right, or privilege, either as to the
time during which it is to last or as to the territory in which it is to
be enjoyed, shall be granted by any city or town until the provisions of
this act shall have been complied with; and no amendment that re-
leases the grantee. or his assignee, from the performance of any duty
required by the ordinance granting the franchise, or that authorizes an
increase in the charges to be made by such grantee or assignee, for the
use by the public of the benefits of such franchise, shall be granted
unless and until notice of such proposed amendment shall be given to
the public by advertising the proposed amendment for ten davs in some
newspaper published in the city or town; or, if there be no newspaper
published therein, then in some newspaper having circulation therein.
The cost of such advertising shall be paid by the city or town, which
shall be reimbursed by the person to whom the amendment is granted.
No such amendment shall be adopted except by ordinance.

(6) The corporation courts of the cities and the circuit courts of
the counties in which the towns may be situated shall have jurisdiction
by mandamus, according to the provisions of section one hundred and
forty-four of the Code of Virginia, to enforce compliance by said cities
or towns and bv all grantees of franchises, whether now in force or
granted under the provisions of this act, with all the terms and con-
tracts and obligations of either party, as contained in franchises. Ser-
vices of process in such mandamus proceeding may be made upon any
agent or employee of such grantees residing in said city or town, or
otherwise, as provided by law for service of process on a defendant:
provided, however. that such jurisdiction in mandamus shall not pre-
clude any party from bringing any other suit or action which such
party would be entitled to bring without the passagé of this act, at
law or in equity. .
(7) Any person or corporation that shall undertake to occupy or use
any of the streets, avenues, parks, bridges, or any other public places or
public property, or any public easement of any description in any city
or town, in a manner not permitted to the general public, without
having first legally obtained the consent thereto of the city council or
board of trustees, as the case may be, or a franchise therefor, shall be
guilty of a misdemeanor, and upon conviction thereof shall be fined
not less than five dollars nor more than fifty dollars, each day’s con-
tinuance thereof to be a separate offense, and such occupancy shall be
deemed a nuisance, and the court or justice trying the case shall have
power to cause the said nuisance to be abated, and to commit the
offenders and all their agents and employees engaged in such offenses
to jail until such order of the court shall be obeyed.

§ 10339. Regulating the issuing of bonds and other interest bearing
obligations by cities and towns.—No city or town shall issue any bonds
or other interest bearing obligations for any purpose, or in any manner,
to an amount which, including existing indebtedness, shall at any time
exceed eighteen per centum of the assessed valuation of the real estate
in the city or town subject to taxation, as shown by the last preceding
assessment for taxes: provided, however, that nothing above contained
in this section shall apply to those cities and towns whose charters, ex-
isting at time of the adoption of the Constitution, which went into
effect July tenth, nineteen hundred and two, authorize a larger percent-
age of indebtedness than is authorized by this section: and provided,
further, that in determining the limitation of the power of a city or
town to incur indebtedness, there shall not be included the following
classes of indebtedness:

(a) Certificates of indebtedness, revenue bonds, or other obligations
issued in anticipation of the collection of the revenue of such city or
town for the then current year: provided, that such certificates, bonds,
or other obligations mature within one year from the date of their
issue, and be not past due, and do not exceed the revenue for such year.

(b) Bonds authorized by an ordinance enacted in accordance with
section one hundred and twenty-three of the Constitution, and ap-
proved by the affirmative vote of the majority of the qualified voters of
the city or town voting upon the question of their issuance, at the gene-
ral election next succeeding the enactment of the ordinance, or at a
special election held for that purpose, for a supply of water, or other
specific undertaking from which the city or town may derive a revenue;
but from and after a period to be determined by the council. not ex-
ceeding five years from the date of such election, whenever and for so
long as such undertaking fails to produce sufficient revenue to pay for
cost of operation and administration (including interest on bonds issued
therefor and the cost of insurance against loss by injury to persons or
property), and an annual amount to be covered into a sinking fund
sufficient to pay, at or before maturity, all bonds issued on account of
said undertaking, all such bonds outstanding shall be included in de-
termining the limitation of the power to incur indebtedness, unless the
principal and interest thereof be made payable exclusively from the
receipts of the undertaking.
§ 1033. Assessment of property for municipal taxation to be the
same as that for State taxation.—In cities and towns the assessment of
real estate and personal property, for the purpose of municipal taxa-
tion, shall be the same as the assessment thereof for the purpose of
State taxation, whenever there shall be a State assessment of such
property.

§ 1034. Sergeants of cities and towns; their powers and duties.—In
every city there shall be elected by the qualified voters thereof one city
sergeant, for a term of four years, whose duties shall be as are now or
may hereafter be prescribed by law. Sergeants of towns shall have the
same powers and discharge the same duties as constables within the
corporate limits of said towns, and to the distance of one mile beyond
the same.

§ 1035. Proceedings of councils of towns; levy of taxes; who to pre-
side at meetings.—The council of a town may adopt rules for the regu-
lation of their proceedings, but no tax shall be levied or corporate debt
contracted unless by a vote of two-thirds of the council, which vote
shall be taken by yeas and nays, and recorded on the journal. The
mayor shall preside over the said council, and when he is absent they
may appoint a president pro tempore. A journal shall be kept of their
proceedings, and at the request of any member present the yeas and
nays shall be recorded on any question. At the next meeting the pro-
eeedings shall be read and signed by the person who was presiding
when the previous meeting adjourned, or if he be not then present,
by the person presiding when they are read.

§ 1036. Section eight hundred and twenty-three to apply to towns.—
Section eight hundred and twenty-three shall apply to towns in like
manner as if the words “or town” were inserted immediately after the
word “city” wherever that word occurs in said section.

§ 1037. How council of a town may be convened.—The council of
a town may be convened at any time upon the call in writing of the
mayor, or any three members thereof.

§ 1038. General and enumerated powers of councils of cities and
towns.—In addition to the powers conferred by other general statutes,
the council of every city and town shall have power to lay off streets,
walks, or alleys; alter, improve, and light the same, and have them
kept in good order; to lay off public grounds and provide all buildings
proper for the city or town; to provide a prison house and workhouse,
and employ managers, physicians, nurses, and servants for the same,
prescribe regulations for their government and discipline, and for the
persons therein; to prescribe the time for holding markets and regu-
late the same; to prevent injury or annoyance from anything dangerous,
offensive, or unhealthy, and cause any nuisance to be abated; to regu-
late the keeping of gunpowder or other combustibles, and provide
magazines for the same; to provide in or near the city or town water
works and places for the interment of the dead; to prevent the pollution
of the water and injuries to the water works, for which purpose their
jurisdiction shall extend to five miles above the same; to make regula-
tions concerning the building of houses in the city or town; to make
regulations for the purpose of guarding against danger from accidents
by fire, and, on the petition of the owners of not less than two-thirds
of the ground included in any square, to prohibit the erection in such
square of any building, or an addition to any building more than ten
feet high, unless the outer walls thereof be made of brick and mortar,
or stone and mortar, and provide for the removal of any building or
addition erected contrary to such prohibition; to provide for the weigh-
ing or measuring of hay, coal, or any other articles for sale, and regu-
late the transportation thereof through the streets; protect the property
of the city or town and its inhabitants, and preserve peace and good
order therein. The council of any city or town may, in their discre-
tion, authorize or require the fire department thereof to render aid in
cases of fire occurring beyond their limits, and may prescribe the con-
ditions on which such aid may be rendered. For carrying into effect
these and their other powers, they may make ordinances and by-laws,
and prescribe fines or other punishment for violation thereof, keep a
city or town guard, appoint a collector of its taxes and levies, and such
other officers as they may deem proper, define their powers, prescribe
their duties and compensation, and take from any of them a bond,
with sureties, in such penalty as to the council may seem fit, payable
to the city or town by its corporate name, and with condition for the
faithful discharge of the said duties. Cities and towns of this Com-
monwealth are hereby authorized to make appropriations of public
funds, of personal property, or of any real estate to any charitable in-
stitution or association, located within their respective limits: provided,
such institution or association is not controlled in whole or in part by
any church or sectarian society. But nothing in this section shall be
construed to prohibit any city from making contracts with any secta-
rian institution for the care of indigent sick or injured persons.

§ 1038a. To exempt those engaged in the publication of newspapers
from being required to obtain a license for the privilege or right of.
printing or publishing the same in the cities, towns, and counties in
this State—The councils of any incorporated city or town, or board of
supervisors of any county in this State, shall not require a license to
be obtained for the privilege or right of printing or publishing any
newspaper in said cities, towns, or counties. But this act shall in
no manner be construed so as to exempt those so engaged in the pub-
lication of newspapers from the payment of tax upon the plant, ma-
chinery, capital, or other property so used in such business, or upon the
income derived therefrom.

§ 1038. To authorize the city councils of cities to adopt reasonable
ordinances to prevent improper interference with scholars attending
or boarding at any female school situated in cities——-The city council
of any city, or the town council of any town, may adopt any reasonable
ordinance necessary to prevent any improper interference with or an-
noyance of the scholars attending or boarding at any female schools
situated in such city or town.

§ 1038c. To authorize and empower the corporate authorities of
the incorporated cities and towns of this Commonwealth to contract
with any sewerage or water purification company, et cetera—The cor-
porate authorities of any incorporated city or town of this Common-
wealth shall have power and authority to contract with any sewerage
or water purification company to introduce, build, maintain, and ope-
rate a system or systems of sewerage and water purifications, or of
sewers, pipes, and conduits suitable, necessary, and proper for the puri-
fication of the water supply or for the sewerage of any such city or
town; and shall have power also to require the owners or occupiers of
the real estate within the corporate limits of any such city or town
which may front or abut on the line of any such sewers, pipes, or con-
duits as aforesaid to make such connections with and to use such sew-
ers, pipes, and conduits under such ordinances and regulations as the
corporate authorities of any such city or town may deem necessary to
secure the proper sewerage thereof and to improve and secure good
sanitary conditions, and shall have power also to enforce the observ-
ance of all such ordinances and regulations by the imposition and col-
lection of fines and penalties, to be collected for the use of any such
city or town as other fines and penalties under their respective
charters.

The corporate authorities of any incorporated city or town of this
Commonwealth contracting with any company for the objects and pur-
poses aforesaid shal] have power and authority to provide in any such
contract for the charges and fees to be paid by the owners or occupiers
of the properties within the corporate limits of any such city or town
to any such company for connecting with, tapping, or using any such
sewer, pipes, or conduits introduced in any such city or town as afore-
said; and shall have power also to make and pass all such ordinances
and to enforce the same as may be necessary and proper to compel the
payment of said fees and charges by the imposition and collection of
reasonable fines and penalties, to be collected for the use of any such
city or town as other fines and penalties under the provisions of their
respective charters; and shall have power also to do all other acts and
things that may be necessary to establish, enforce, and maintain under
any such contract a complete system of water and sewerage purification
and sewerage for any such city or town.

§1040e. Taxation of shares of stock issued by banks located in
counties and cities.—(1) Hereafter each county or city in which any
bank, either national or State, is so located may, subject to the condi-
tions mentioned below, tax all the shares of stock issued by any such
bank so located within its limits at the same rate as is assessed upon
other moneyed capital in the hands of individuals residing in such
county or city.

(2) That in so taxing said shares the said county or city authorities,
respectively, shall follow the mode of assessment and manner of col-
lection prescribed by statute for the collection of State taxes upon said
shares.

(3) Whenever any commissioner of the revenue, before closing his
assessment rolls or tax lists, shall receive from the cashier of a bank
furnishing a list of the holders of bank stock, as required by law for
the purposes of State taxation, or from the owner of any stock men-
tioned therein, a certificate of the commissioner of the revenue of the
county or city of the State in which the owner of such stock lives,
stating that certain shares of the.stock mentioned in said list are owned
by a resident of that county or city, and that the same have been re-
turned for taxation for that year in such city or county, then the said
commissioner of the revenue, to whom the said list of the holders of
such bank stock has been furnished, shall deduct from the aggregate
value of the shares set forth in said list the aggregate value of the
shares mentioned in said certificate. The shares owned by non-resi-
dents of this State shall be taxed only at the place where the bank is-
suing the shares is located.

§ 1040b. Taxation of shares of stock issued by banks located in
towns.—Each town in which any bank, either national or State, is
located may tax all the shares of stock issued by such bank so located
within its limits at the same rate as is assessed upon other moneyed
capital in the hands of individuals. s?

In taxing said shares the said town authorities shall follow the mode
of assessment and manner of collection prescribed by statute for the
collection of State taxes upon said shares.

§ 1041. Penalty for non-payment of levies.—It shall not be lawful
for the authorities of any city or town to impose or receive, in any case,
a higher rate of penalty for the non-payment of levies than is pre-
scribed in the cases of persons delinquent in payment of State taxes.

§ 1041a. Providing for local assessments to pay for certain public
improvements in cities and towns.—No city or town shall impose any
tax or assessment upon abutting land owners for street or other public
local improvements, except for making and improving the walkways
upon then existing streets, and improving and paving then existing
alleys, and for either the construction, or for the use of sewers; and
the same, when imposed, shall not be in excess of the peculiar benefits
resulting therefrom to such abutting land owners. Such improve-
ment may be ordered by the council, and the cost thereof apportioned
in pursuance of an agreement between the city or town and the abut-
ting land owners, but in the absence of such agreement no improve-
ment, the cost of which is to be defrayed in part by such local tax
or assessment, shall be ordered, except on a petition from not less than
three-fourths of the land owners to be affected thereby, or by a two-
thirds vote of all the members elected to the council; but, when no
petition is filed, notice shall first be given to the abutting land owners
not less than ten days in advance, notifying them when and where
they may appear before the council or the committee thereof, to whom
the matter may be referred, to be heard for or against such improve-
ment; but no such notice shall be necesary when the owner is a non-
resident or is not sui juris. When the council consists of two branches,
any committee acting under this or subsequent provisions of this sec-
tion shall be composed of not less than three members from the larger
and two members from the smaller branch, the majority in any case
being appointed from the larger branch. The cost of such improve-
ment, when the same shall have been ascertained, shall be apportioned
by the council or under its direction between the city or town and
the abutting land owners: provided, that except when it is otherwise
agreed, the portion assessed against the abutting land owners shall not
exceed one-third of the total cost. The amount assessed against each
land owner, or for which he is liable by agreement, shall be reported
forthwith to the collector of taxes, who shall enter the same as provided
for other taxes. When the apportionment is not fixed by agreement,
notice thereof, and of the amount assessed against him, shall be given
each of the then abutting owners, and he shall be cited thereby to ap-
pear- before the council, or the committee thereof having the matter
in charge, not less than fifteen days after the service of such notice,
at a time and place to be designated therein, to show cause, if any he
can, against such assessment. Notice to an infant or insane person
may be served on his guardian or committee, and notice to a non-
resident of the State may be mailed to him at his place of residence or
served on his agent, if he have one within the State, or if he have no
such agent, on the tenant of the freehold. Any land owner wishing
to make objections may appear in person or by counsel, and, if the
matter has been referred to a committee, shall be entitled, if he require
it, to a hearing before the council. If his objections are overruled, he
shall have an appeal as of right to the corporation or hustings court of
the city, or in case of a town, to the circuit court of the county in
which such town is situated. When an appeal is taken the clerk of the
council shall immediately deliver to the clerk of the court, which has
cognizance of the appeal, the original notice relating to said assess-
ment, with the judgment of the council or committee endorsed thereon,
and the clerk shall docket the same. Every such appeal shall be tried
by the court, or the judge thereof, in a summary way, without plead-
ings in writing and without a jury, in term time or in vacation, after
reasonable notice to the adverse party, and the hearing shall be de
novo.

The amount assessed against each land « owner or fixed by agreement
with him shall be a lien on his abutting land from the time when the
council assesses or fixes the amount thereof, subject, however, to his
right of appeal and objection as aforesaid, and may be enforced by
suit in equity: and, provided, that as against a purchaser for value and
without notice, such assessment or tax shall not be a lien except and
until it shall have been reported to the collector of taxes as above pro-
vided.

§ 1042. Licenses.—In addition to the State tax on any license, the
council of a city or town may, when anything for which a license is
so required is to be done within the city or town, impose a tax for the
privilege of doing the same, and require a license to be obtained there-
for; and in any case in which they see fit, require from the person
licensed bond, with sureties, in such penalty and with such condition

as they may deem proper, or make other regulations concerning the
same. _ They may also impose a tax and require a license to be ob-
tained for the privilege of keeping in the city or town for hire any
wheeled carriage.

§ 1042a. To prohibit the several cities and towns of the Common-
wealth from imposing and collecting any tax, fine, or other penalty
upon persons selling their own farm and domestic product, grown or
produced by them within the limits of any such town or city outside
of and not within the regular market houses and sheds of such towns
and cities ——It shall be unlawful for any city or town of this State, or
any agent or officer of any such city or town, to impose or collect
any tax, fine, or other penalty upon any person selling their farm and
domestic products, grown or produced by them within the limits of
any such town or city, outside of and not within the regular market
houses and sheds of such cities and towns.

§ 1043a. To authorize cities and incorporated towns to establish
and maintain free public libraries and reading rooms.—(1) The coun-
cil of each incorporated city and town shall have power to establish
‘and maintain a public library and reading room for the use and benefit
of the inhabitants of such city or town, and may levy a tax not to
exceed one mill on the dollar annually on all taxable property in the
city or town, such tax to be levied and collected in like manner with
other general taxes of said city, and to be known as the library fund.

(2) When any city or town council shall have decided to establish
and maintain a public library and reading room under this act, the
mayor of such city or town shall, with the approval of the council, pro-
ceed to appoint a board of nine directors for the same, chosen from
the citizens at large with reference to their fitness for such office. and
not more than one member of the council shall be at any one time a
‘member of said board, and he shall be the chairman of the committee
on finance of said council, and the city superintendent of public schools
shall also be a member of said board. :

(3) Said directors shall hold office—one-third for one vear, onc-
third for two years, ane one-third for three years—from the date of
their appointment, and at their first regular meeting shall cast lots
for their respective terms, and annually thereafter the mayor shall
appoint, as before, three directors, to take the place of the retiring di-
rectors, who shall hold office for three years and until their successors
are appointed. The mayor may, by and with the consent of the coun-
cil, remove any director for misconduct or neglect of duty.

(4) Vacancies in the board of directors, occasioned by removal, re-
signation, or otherwise. shall be reported to the council, and be filled
in like manner as original appointments, and no director shall receive
compensation as such.

() Said directors shall, immediately after appointment, meet and
organize by the election of one of their number president, and by the
election of such other officers as they may deem necessary. They shall
make and adopt such by-laws, rules, and regulations for their own
guidance, and for the government of the library and reading room,
as may be expedient and may be not inconsistent with this act. They
shall have the exclusive control of the expenditure of all moneys col-
lected to the credit of the library fund, and of the construction of any
library building, and of the supervision, care, and custody of the
ground, rooms, or buildings constructed, leased, or set apart for that
purpose: provided, that all moneys received for such library shall be
deposited in the treasury of said city to the credit of the library fund,
and shall be kept separate and apart from other moneys of such city,
and drawn upon by the proper officers of said city upon the properly
authenticated vouchers of the library board. Said board shall have
power to purchase or lease ground, to occupy, lease, or erect an appro-
priate building or buildings for the use of said library; shall have power
to appoint a suitable librarian and necessary assistants, and fix their
compensation; and shall also have power to remove such appointees;
and shall, in general, carry out the spirit and intent of this act in
establishing and maintaining a public library and reading room.

(6) Every library and reading room established under this act shall
be forever free to the use of the inhabitants where located, always sub-
ject to such reasonable rules and regulations as the library board may
adopt; and said board may exclude from the use of said library and
reading room any and all persons who shall wilfully violate such rules.

(7) The said board of directors shall make at the end of each and
every year, from and after the organization of such library, a report to
the city or town council, stating the conditions of their trust at the
date of such report, the various sums of money received from the
library fund and from other ources, and how such moneys have been
expended, and for what purposes; the number of books and periodicals
on hand; the number added by purchase, gift, or otherwise, during
the year; the number lost or missing; the number of visitors attend-
ing; the number of books loaned out, and the general character and
kind of such books, with such other statistics, information, and sug-
gestions as they may deem of general interest. All such portions of
said report as relates to receipt and expenditure of money, as well as
the number of books on hand, books lost or missing, and books pur-
chased shall be verified by atfidavit.

(8) The council of said city or town shall have power to pass ordi-
nances imposing suitable penalties for the punishment of persons
committing injury upon such library or the ground or other property
thereof, and for wilful injury to or failure to return any book belong-
ing to such library.

(9) The said board of directors shall be legally known and desig-
nated as the board of directors of the public library of the city (or
town) of —————,, or as the board of directors of the free reading
rooms of the city (or town) of —————. and as such shall have power
to take property, real or personal, by gift, grant, or devise. Any per-
son desiring to make donations of money, personal property, or real
estate for the benefit of such library, shall have the right to vest the
title to (the) money or real estate so donated in the board of directors
by its proper legal designation created under this act, to be held and
controlled by such board, when accepted, according to the terms of
the deed, gift, devise, or bequest of such property; and, as to such pro-
perty. the members of said board shall be held and considered to be
special trustees.
§ 1043. Authorizing cities and towns to make city and town levies.—
The council of every city or town shall cause to be made up and en-
tered on their journal an account of all sums lawfully chargeable on
the city or town which ought to be paid within one year, and order a
city or town levy of so much as in their opinion is necessary to be
raised in that way in addition to what may be received for licenses and
from other sources. The levy so ordered may be upon the male per-
sons in the said city or town above the age of twenty-one years, and
upon any property therein, and on such other subjects as may at the
time be assessed with State taxes against persons residing therein.

§ 1044. Collector may distrain for city or town levies——The officer
of a city or town, whose duty it is to collect city or town levies, shall
have the same power to distrain therefor goods and chattels within his
city or town as is given by sections six hundred and twenty-two and
six hundred and twenty-three to the officers named therein.

$1045. Delinquent lists—He shall, after using due diligence to col-
lect said levies, make make out lists of such as cannot be collected upon
forms similar to those prescribed in sections six hundred and five and
six hundred and six, with the names of the persons chargeable with
such levies placed ‘alphabetically in said lists, and at the foot of each
list subscribe the following oath: “I, A. B. ————, of the city (or
town) of , do swear that the foregoing list is, I verily believe,
correct and just; that I have received no part of the city (or town)
levies mentioned in the said list; and that I have used due diligence to
find property within my city (or town) liable to distress for the said
levies, but have found none.”

§ 1046. How examined and allowed; copy of list of real estate to
be sent to auditor—The said lists shall be returned, examined, and
posted or published as the council of the city or town may prescribe,
and such credit given to the officer on account thereof as they may
direct. The lists, whereof credit may be allowed, shall be preserved
in the office of the clerk of the council. Within one month after the
said lists are allowed. the said clerk shall transmit to the auditor of
public accounts a copy of the list of real estate appearing thereby to
be delinquent, showing the amount of delinquency on each lot.

§ 1047. Disbursements of moneys; claims allowed to be posted and
published.—All moneys collected or received for any city or town shall
be applied as the council thereof may direct; and it shall be the duty
of the council and of the clerk of the circuit and corporation courts to
cause to be made out quarterly an itemized statement of all accounts
authorized to be paid by the said council and by the judge of the cir-
cuit and corporation courts, and cause the same to be posted at the
front door of the courthouse or other public place in said city or town,
and also to be published in such newspaper as the said council may

irect.

§ 1048. Effect of chapter on charters of cities and towns.—Nothing
contained in this chapter, in conflict with any provision of the charter
of any city or town, shall be construed to repeal such provision, ex-
cept section ten hundred and thirteen a, ten hundred and fifteen b, ten
hundred and fifteen c, ten hundred and fifteen d, ten hundred and fif-

teen ¢, ten hundred and fifteen f, ten hundred and fifteen g, ten hun-
dred and fifteen hk, ten hundred and twenty-eight a, ten hundred and
thirty-two a, ten hundred and thirty-three, ten hundred and thirty-
three b, ten hundred and thirty-three c, ten hundred and thirty-three
d, ten hundred and thirty-three e, ten hundred and thirty-three f, ten
hundred and thirty-three g, ten hundred and thirty-three h, and ten
hundred and forty a, shall be construed to repeal any provision of the
charter of any city or town in conflict with the provisions of said sec-
tions, or any of them, anything in the said charter to contrary not-
withstanding.

2. Sections ten hundred and thirty-nine and ten hundred and forty
of the Code of Virginia, and section ten hundred and forty-three of
the Code of Virginia, as amended and re-enacted by an act approved
March fourth. eighteen hundred and ninety-six, and as attempted to
be repealed by an act approved March seventh, nineteen hundred, and
an act approved March seventh, nineteen hundred, entitled “an act
to provide for local assessments in cities and towns,” are hereby repealed.

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