Chap. 163.—An ACT Providing a Charter for the City of Staunton.

Approved March 21, 1871.

1,: Be it enacted by the general assembly, That the territory
contained within the limits prescribed by the act entitled an
act rearranging and extending the corporate limits of the town
of Staunton, passed March thirty-first, eighteen hundred and
sixty, and by any act hereafter passed by the general assembly
of this state, shall be deemed and taken as the city of Staun-
ton; and the inhabitants of the city of Staunton, for all pur-
poses for which towns and cities are incorporated in this
commonwealth, shall continue to be one body politic, in fact
and in name, under the style and denomination of the city of
Staunton, and as such, shall have, exercise and enjoy, all the
rights, immunities, powers and privileges, and be subject to all
the duties and obligations now incumbent and pertaining to
said city as a municipal incorporation.

2. The administration and government of the said city shall
be vested in one principal officer, to be styled the mayor, one
board to be called the council of the city of Staunton, and in
such other boards and officers as are hereinafter mentioned, or
may be provided for by the council.

3. The municipal officers of the said city shall consist of a
mayor, twelve councilmen, a treasurer, a clerk of the court of
hustings, an attorney for the commonwealth, a sergeant, a
commissioner of the revenue, three justices of the peace for
each ward, and one constable for the city.

4, The said city shall be divided into as many wards as the
council may determine, in such manner as to include as nearly
as may be, consistent with the well defined limits of said
wards, an equal number of voters in each ward.
5. The election of the municipal officers mentioned in
the third section of this act, except the treasurer and clerk of
the court of hustings, shall be held on the fourth Thursday in
May in every second year after the year eighteen hundred and
seventy. The treasurer shall be elected on the fourth Thursday
in May in every third year after eighteen hundred and seventy,
and the clerk of the court of hustings on the fourth Thursday
in May in every sixth year thereafter. The members of the
council, justices of the peace, and constable, now in office,
having been elected for only one year, shall hold their offices
until the first day of July, eighteen hundred and seventy-one,
and until their successors shall be elected and qualified, and on
the fourth Thursday of May, eighteen hundred and seventy-
one, polls shall be opened, and an election held in each ward
of said city for as many councilmen as each ward shall be en-
titled to, for three justices of the peace for each ward, and one
constable for the city. The council shall appoint the necessary
officers to conduct said elections, who shall make return thereof
to the council, according tolaw. The councilmen, justices, and
constable, elected at the said election on the fourth Thursday
in May, eighteen hundred and seventy-one, shall go into office
on the first day of July, eighteeen hundred and seventy-one,
and hold their respective offices until the first day of July,
eighteen hundred and seventy-two, and until their successors
shall be elected and qualified. When two or more persons are
to be elected to the same office, the several persons, to the num-
ber required to be chosen, having the highest number of votes,
shall be declared elected.

6. If it shall appear by said election returns, at any election,
that any municipal officer has not been elected, or, if any per-
son elected to a municipal office shall refuse to accept said of-
fice, or, if it shall appear by said election returns that any such
officer shall not have been elected by reason of two or more
candidates having received an equal number of votes, the
council shall, by ballot, elect such officer or officers, either from
among the candidates, or citizens qualified to hold office, who
shall, after being qualified according to law, hold such office or
offices until their successors shall be elected and qualified.

7. The mayor, and all other municipal officers of said city,
before entering upon the duties of their respective offices, shall
be respectively sworn in accordance with the laws of this state.
Such oaths may be administered by the judge of the court of
hustings, by the clerk of said court, or by a notary public, duly
qualified. If any person, elected or appointed to any office in
said city, shall neglect to take such oath for thirty days after
receiving notice of his election or appointment, or shall, for
the Jike space of time, neglect to give such securities as may be
required of him by the council, or by any law or ordinance, he
shall be considered as having declined such office, and the same
shall be deemed and declared vacant; and whenever any such
vacancy shall occur, another election or appointment shall be
made by the council, and the person so elected or appointed,
shall hold said office until his successor shall be elected and
qualified.
8. In addition to the authority vested in him by the twen-
tieth section of article VI of the constitution of Virginia, the
mayor shall have and possess all the jurisdiction, and exercise
all the powers and authority, in criminal cases, of a justice of
the peace for said city, together with all other powers given
to him by virtue of this act, and which may be given to him
by any other act of the general assembly; but he shall receive
no fees for his services as such justice of the peace.

9. The mayor shall communicate, by message, to the coun-
cil, annually, as soon as may be after the commencement of
the fiscal year, and oftener if he shall deem it expedient, (or be
required so to do by the council), a general statement of the
condition of the city in relation to its government, with such
suggestions and recommendations as he may deem proper.
And for his services, the mayor shall receive an annual salary,
payable quarterly, to be fixed by the council, which shall not be
diminished during the term for which the mayor in office shall
have been elected.

10. In case of the absence or inability of the mayor, the
president of the council shall possess the same powers, and
discharge the municipal duties of the mayor, during such ab-
sence or inability.

11. In case a vacancy shall occur in the office of mayor, the
council shall elect, by ballot, a qualified person to supply the
vacancy until the first general election which may be held in
the city thereafter, when the vacancy shall be filled by election
for the unexpired term.

12. The council of the city shall be composed of twelve
members; each ward shall be represented by an equal number
of councilmen, who shall be residents of their respective wards,
and be qualified to hold office. They shall be elected by the
electors of their respective wards, and hold their offices for
two years.

13. In case of any vacancy happening in the council by
death, resignation, removal from the ward, or otherwise, the
council shall, at their first meeting thereafter, elect by ballot,
a qualified person from the ward in which the vacancy occurs,
to fill the vacancy.

14. The council shall elect one of its members to act as
president, who shall preside at the meetings of the council,
and continue in said office during his term of office; and when
from any cause he shall be absent, the council shall elect a
president pro tempore, who shall preside over the council
during the absence of the president. The minutes and record
of the proceedings of the council shall be signed by the pre-
siding officer. The president shall have power to call a meet-
ing of the council whenever he deems it necessary; and in
case of his absence, inability or refusal, the council may be
convened, by the order, in writing, of any three members of
the council.

15. The council shall, by ordinance or resolution, fix the
time for their stated meetings; and no business shall be trans-
acted at a special meeting but that for which it shall be
called.
16. The council shall have authority to adopt such rules,
and to appoint such officers, committees and clerks, as they
may deem proper for the regulation of their proceedings, and
for the convenient transaction of business; to compel the at-
tendance of absent members; to punish its members for disor-
derly behavior; and by a vote of three-fourths of the whole
council, to expel a member for malfeasance or misfeasance in
office. They shall keep a minute book, in which their clerk
shall, in a brief manner, note the proceedings of the council,
and shall record said proceedings, at large, in the record book,
and keep the same properly indexed. The meetings of the
council shall be open, except when the public welfare shall re-
quire secrecy.

17. A majority of the members of the council shall consti-
tute a quorum for the transaction of business, but no ordinance
shall be passed, nor resolution adopted, having for its object
the appropriation or borrowing of money, except by the con-
currence of at least seven members; and upon the demand of
any member, on the passage of any ordinance or resolution,
the yeas and nays shall be taken, and entered on the record.
No vote or question, decided at a stated meeting, shall be
reconsidered or rescinded at a special meeting, unless there
be at least ten members present, and seven of them shall
concur. |

18. The council shall have, subject to the provisions of this
act, the control and management of the fiscal and municipal
affairs of the city, and of all property, real and personal, be-
longing to the said city; and may make such ordinances, or-
ders, and by-laws, relating to the same, as they shall deem
proper and necessary; and they shall likewise have power to
make such ordinances, orders, by-laws, and regulations, as they
may deem necessary to enforce and carry out the following
powers, which are hereby vested in them:

First. To establish a market or markets in and for said city,
and appoint proper officers therefor, prescribe the times and
places for holding the same, provide suitable buildings and
grounds therefor, and to enforce such regulations as shall be
necessary and proper to prevent huckstering, forestalling, and
regrating.

Second. To erect or provide, in or near said city, suitable
work houses, houses of correction or reformation, and houses
for the reception and maintenance of the poor and destitute.
They shall possess and exercise authority over all persons
within the limits of the city, receiving or entitled to the bene-
fit of the poor laws; appoint necessary officers and other per-
sons proper to be connected with the aforesaid institutions,
and regulate pauperism within the limits of the city; and the
council, through the agencies they shall appoint for the direc-
tion and management of the poor of the city, shall exercise
the powers and perform the duties vested by law in overseers
of the poor, and to that end, they shall appoint one proper
person from each ward as overseers of the poor of the city,
who shall have all the powers conferred by law on overseers of
the poor, and shall hold their office until the first day of July,
eighteen hundred and seventy-two, and until their successors
are appointed.

Third. To erect and keep in order all public buildings ne-
cessary or proper for said city; to erect within said city a city
prison, and said prison shall contain such apartments as shall
be necessary for the safe keeping and employment of all per-
sons confined therein.

Fourth. To establish or enlarge water works and gas works
within or without the limits of the city; to contract and agree
with the owners of any land for the use or purchase thereof,
or have the same condemned according to law, for the location,
extension, or enlargement of their said works, the pipes con-
nected therewith, or any of the fixtures or appurtenances
thereof; and shall have power to protect from injury, by ordi-
nance, prescribing adequate penalties, the said works, pipes,
fixtures, and land, or anything connected therewith, whether
within or without the limits of said city. .

Fifth. To elose or extend, widen or narrow, lay out and
graduate, curb and pave, and otherwise improve, streets, side-
walks, and public alleys in the city, and have them kept in
good order, and properly liguted; and over any street or alley
in the city, which has been or may be ceded or conveyed to
the city by proper deed, they shall have like power and autho-
rity as over other streets and alleys. They may build bridges
in and culverts under said streets; and may prevent or remove
any structure, obstruction, or encroachment over or under, or
in any street, sidewalk, or alley in said city, and may permit
shade trees to be planted along the said streets; but no com-
pany shall occupy with its works, or any appurtenance thereof,
the streets, sidewalks, or alleys of the city, without the con-
sent of the council, duly entered upon its record.

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

Seventh. To secure the inhabitants from contagious, infec-
tious, or other dangerous diseases; to establish, erect, and
regulate hospitals; to provide for and force the removal of pa-
tients to said hospitals; to appoint and organize a board of
health for said city, with the authority necessary for the prompt
and efficient performance of its duties.

Eighth. To require and compel the abatement and removal
of all nuisances within said city, at the expense of the person
or persons causing the same, or the owner or owners of the
ground whereon the same shall be; to prevent or regulate
slaughter houses and soap and candle factories within said city,
or the exercise of any dangerous, offensive, or unhealthy busi-
ness, trade, or employment therein.

Ninth. To prevent hogs, dogs, and other animals from run-
ning at large in said city, and may subject the same to such
confiscations, regulations, and taxes, as they may deem pro-

er.
7 Tenth. To prevent the riding or driving of horses or other
Animals at an improper speed; to prevent the flying of kites,
throwing stones, playing marbles, or the engaging in any em-
ployment or sports on the streets, sidewalks, or public alleys;
and to prohibit and punish the abuse or cruel treatment of
horses or other animals in said city.

Eleventh. To restrain and punish drunkards, vagrants, and
street beggars; to prevent vice and immorality; to preserve
public peace and good order; to prevent and quell riots, dis-
turbances, and disorderly assemblages; to suppress houses of
ill-fame and gambling houses; to prevent and punish lewd, in-
decent, and disorderly conduct or exhibitions in said city, and
to expel therefrom persons guilty of such conduct who have
not resided therein as much as one year.

Twelfth. To prevent, forbid and punish the selling or giving
of liquors and intoxicating drinks, to be drunk in any place
not duly licensed; and the selling or giving to be drunk any
intoxicating liquors to any child or minor without the consent,
in writing, of his or her parents or guardian; and for any vio-
lation of any such ordinance, may impose fines in addition to
those prescribed by the laws of the state.

Thirteenth. To prevent and: punish the discharge of fire-
arms; to regulate the exhibitions of fire works; and to pro-
hibit the making of bonfires in the streets, alleys, yards and
lots in said city.

Fourteenth. To prevent the coming into the city of persons
having no ostensible means of support, and of persons who
may be dangerous to the peace and safety of the city; and for
this purpose may require any railroad company, or stage com-
pany bringing such persons to said city, to enter into bond,
with satisfactory security, that said persons shall not become
chargeable to the city for the period of one year thereafter, or
may require and compel such company to take them back
from whence they came, and compel said persons to leave the
city: provided such order to leave be issued within thirty
days after their arrival.

19. Where by the provisions of this act the council have
authority to pass ordinances on any subject, they may prescribe
any penalty not exceeding five hundred dollars, for a violation
thereof; and may provide that the offender, on failing to pay
the penalty recovered shall be imprisoned in the jail of the
city, or the jail of Augusta county, for any term not exceed-
ing ninety days, which penalties may be prosecuted and re-
covered with costs, in the name of the city of Staunton.

20. No ordinance hereafter passed by said council, for the
violation of which any penalty is imposed, shall take effect
until the same shall have been published, either in one or more
of the city newspapers, or in hand bills as the council may
order. Such hand bills shall be posted in at Jeast ten public
places in each ward of the city; a certificate of such posting
shall be filed by the sergeant in the clerk’s office of said coun-
cil, and all laws, regulations and ordinances of said council,
certified by their clerk, may be read in evidence in all courts
of justice, and in all proceedings before any officer, body or
board, in which it shall be necessary to refer thereto.

21. The council shall not take, or use any private property
for streets or other public purpose without making to the
owner thereof just compensation for the same; but in cases
where the council cannot by agreement obtain title to the
ground for such purposes, it shall be lawful for said council to
apply to, and obtain from the circuit or county court of Au-
gusta county in which the land is situated, or to the judge
of the court of hustings for said city, if the land lies within
said city, for authority to condemn the same, which shall be
applied for, and proceeded with, according to law: provided,
however, that upon the motion of any member of the council,
or upon a petition signed by at least fifty of the citizens, the
question whether the voters of the city will consent to be
taxed for such compensation, or the amount to be ascertained
by the proceedings for such condemnation, shall be submitted
by the council to the voters of the city; and for that purpose
an election shall be ordered by the council, and polls be opened
in each ward. The poll books shall contain two columns, one
headed for the tax, and the other against the tax. The said
poll books shall be duly certified by the proper officers, and
laid before the council at their first meeting thereafter; and if
it appears by said poll books that one-third of the votes cast
at said election are against the said tax, the council shall not
take or condemn such land for streets or other purposes.

22. In every case where a street in said city has been, or shall
be encroached upon by any fence, building, or otherwise, the
council may require the owner, if known, and if unknown, the
occupant of the premises so encroaching, to remove the same,
and if such removal be not made within the time precribed by
the council, they may impose a penalty of five collars for each
and every day that it is allowed to continue thereafter, and
may cause the encroachmert to be removed, and collect from
the owner all reasonable charges therefor, with costs, by the
same process that they are hereinafter empowered to collect
taxes. No encroachment upon any street, however long con-
tinued, shall constitute an adverse possession to, or confer any
rights upon the person claiming thereunder, as against the said
city.

23. Whenever any street, alley or lane in said city, shall have
been opened to, and used as such by the public for the period
of five years, the same shall thereby become a street, alley or
lane for all public purposes, and said council shall have the
same authority and jurisdiction over, and right and interest
therein, as they have by law over the streets, alleys and lanes
laid out by them. And any street or alley reserved in the di-
vision or subdivision into lots of any portion of the territory
within the corporate limits of said city, by a plan or plat of
record, shall be deemed and held to be dedicated to public use,
unless it appears by said record, that the street or alley so re-
served is designed for private use; but upon the petition of
a majority of the persons interested therein, the council shall
have power to open the same for the use ot the public.

24. Whenever any new street shall be laid out; a street
graded or paved; a culvert built, or any other public improve-
ment whatsoever made, the council shall determine what por-
tion, if any, of the expenses thereof shall be paid out of the
city treasury, and what portion by the owners of real estate
benefitted thereby. But when the person so assessed by the
council, shall consider himself aggrieved by said assessment,
he shall have the right to select one disinterested person, and
the council shall select another like person, and they shall de-
termine whether said assessment is reasonable and just; and
in case they cannot agree, they shall select a third person; and
their award shall be conclusive and binding upon the parties
concerned.

25. The council shall grant and pay to all city officers, clerks
and assistants, elected or appointed under, or in pursuance of
this act, such salaries or compensation as the said council may,
from time to time, deem just and proper, or shall be fixed by
this act, or by any other act hereafter passed by the general
assembly.

26. The council may appoint, in addition to those herein
provided for, such officers and clerks, as they may deem neces-
sary and proper, and define their powers, and prescribe their
duties and fix their compensation; and may take from any
officer so appointed, a bond, with sureties to be approved by
the council, in such penalty as they may deem proper, payable
to the city, by its corporate name, with condition for the faith-
ful discharge of said duties, all officers appointed by the coun-
cil may be removed from office at their pleasure.

27. The city treasurer shall qualify before the council, and
give bond with surety to be approved by it, in a penalty to be
determined by the council, but not less in any case than double
the amount that will probably be received by said treasurer az
treasurer for the city. He shall perform all the duties in re-
spect to the city levies for the city, and be subject to all the
penalties as are prescribed for county treasurers in respect to
the state revenue and county levies, so far as applicable and
not inconsistent with this act. All city levies not paid to the
said treasurer by the first day of September in each year, shall
be by him placed in the hands of the city sergeant, with five
per centum on the amount thereof added, and said treasurer
shall take from the said sergeant a receipt for said levies.

28. The council may prescribe, by ordinance, the mode of
paying moneys into and out of the treasury; and may require
the city treasurer to keep all moneys of the city coming into
his hands, in such place or places of deposit as they may, by
ordinance, provide, establish, or direct. In case of the death,
resignation, or removal of the city treasurer, the hustings
court shall appoint a qualified person to fill said office, who
shall qualify according to law, and who shall hold said office
until the next regular charter election, and until his successor
shall be elected and qualified to fill the remainder, if any, of
the unexpired term of the treasurer who died, resigned, or was
removed.

29. The treasurer shall report to the council at the expira-
tion of each fiscal year, and oftener, if required, a full and de-
tailed account of all receipts and disbursements during the
preceding year, and the state of the treasury at the date of
such report.
30. The city sergeant shall attend the terms of the court of
hustings for said city, and act as the officer thereof, and shall
perform such other duties as may be prescribed and ordained
by the council, and shall receive such compensation therefor as
the council shall determine. He shall be the collector of the
city taxes placed in his hands by the city treasurer, and for
that purpose, shall have all the powers and authority, perform
all the duties, and be subject to the same liabilities and penal-
ties, as are prescribed for township collectors in the collection
of state taxes and county levies, and may be proceeded against
in the same manner, so far as applicable and not inconsistent
with the provisions of this act. Before entering upon the du-
ties of his office as collector of the city taxes, he shall enter
into bond, with sureties to be approved by the council, in such
sum as the council shall direct ;.said bond to be payable to the
city of Staunton, and conditioned for the faithful discharge of
the duties of his said office, and shall be entered on the records
of the council, and the original shall be filed in the office of the
clerk of the council. :

31. The sergeant shall collect all taxes and assessments
which may be levied by the council, and perform such other
duties as may be prescribed and ordained by the council. He
shall pay over to the treasurer (or into the treasury of the city,
as may be prescribed by ordinance), weekly, or oftener, if he
thinks proper, all moneys which may come to his hands for
taxes or otherwise, belonging to said city. He shall report to
the council, in writing, at each stated meeting, the amount of
all moneys collected by him for the city, and paid over as
herein directed.

32. The sergeant may, with the approval of the hustings
court, appoint a deputy, who may be removed from office by
the said sergeant, by the mayor, or by the council. During
the continuance in office of said sergeant, his deputy may dis-
charge any of the duties of the office of sergeant; but the ser-
geant and his sureties shall be liable therefor.

33. The council may, in the name of and for the use of the
city, contract loans, or cause to be issued certificates of debt
or bonds; but such loans, certificates, or bonds, shall not be
irredeemable for a period greater than thirty-four years: pro-
vided, however, that said council shall not contract such loans,
or issue such certificates of debt or bonds, for the purpose of
subscribing to the stock of any company incorporated for a
work of internal improvement, or other purposes, without first
being authorized so to do by three-fourths of the legal voters
of the city voting on the question; and the council shall, when
such debt or loan is created, provide a sinking fund for the
payment of the same: and provided further, that the said
council shall not endorse the bonds of any company whatsoever,
without the same authority.

34. Whenever, hereafter, there shall be contracted by the
council any debt, not payable within one year thereafter, there
shall be set apart, annually, for thirty-four years, or until the
debt is paid, a sum not less than one per centum of the amount
of such debt, in addition to the annual interest agreed to be
paid thereon, which sum shall be applied and invested towards
the payment of euch debt.

35. The council may levy a tax on licenses; to agents of in-
surance companies, whose principal office is not located in said
city; to auctioneers; to public, theatrical, or other perform-
ances or shows; to keepers of billiard tables and tenpin alleys;
to hawkers and pedlers; to agents for ‘the renting of real es-
tate; to commission merchants, and any other business for
which a license may be required by the state.

36. The council may grant or refuse licenses to owners or
keepers of wagons, drays, carts, hacks, and other wheeled car-
riages, kept or employed in the city for hire, and may require
the owners or keepers of wagons, drays, and carts, using them
in the city, to take out a livtense therefor, and may assess and
require taxes to be paid thereon, and subject the same to such
regulations as they may deem proper, and may prescribe their
fees and compensation.

387. All goods and chattels, wheresoever found, may be dis-
trained and sold for taxes assessed and due thereon; and no
deed of trust or mortgage upon goods and chattels shall pre-
vent the same from being distrained and sold for taxes assessed
against the grantor in such deed while such goods and chattels
remain in the grantor’s possession.

38. There shall be a lien on real estate for the city taxes, as
assessed thereon, from the commencement of the year for
which they were assessed. The council may require real estate
in the city, delinquent for the non-payment of taxes, to be sold
for said taxes, with interest thereon, at the rate of ten per
centum per annum, and such per centum as the council may
prescribe for charges. Such real estate shall be sold and may
be redeemed in the manner provided by law.

39. The collector of city taxes shall, under the direction of
the city council, cause a notice of the time and place of such
sale to be published, in all the daily newspapers published in
said city, at least ten days previous to such sale; and he shall
also cause to be published in one or more of said daily papers,
on some day not more than twenty days nor less than ten days
previous to such sale, alist of the several parcels of real estate
so to be sold, describing therein each parcel of real estate in
the same manner as the same is described in the assessment.
rolls in which the said tax or assessment is imposed thereon,
together with the name of the person to whom each parcel is
assessed, and the amount of the tax or assessment thereon.

40. If such tax or assessment, and the per centage, interest
and expenses aforesaid, be not paid previous to the day for
which said sale was advertised, or on some day immediately
thereafter, to which said sale may be adjourned, the collector
shall proceed to make sale, accordingly, of the said several
parcels of real estate, or so much thereof as may be necessary,
to the highest bidder; and the sale may be adjourned from
day to day until it shall be completed. On such sale the col-
lector shall execute to the purchaser a certificate of sale, in
which the property purchased shall be described, and the ag-
gregate amount of tax or assessment, with charges and ex-
penses specified ; but the collector shall not for himself, either
directly or indirectly, purchase any real real estate so sold.

41. If at any such sale no bid shall be made for any such
parcel of land, or such bid shall not be equal to the tax or as-
sessment, with interest and charges, then the same shall be
struck off to the city. On such sale the collector shall execute
to the city a certificate of sale in which the property purchased
shall be described, and the’ aggregate amount of tax or assess-
ment with charges and expenses specified, and shall deposit
such certificate with the auditor.

42. The owner of any real estate so sold, his heirs, or assigns,
or any person having a right to charge such real estate for a
debt, may redeem the same by paying to the purchaser, his
heirs, or assigns, within two years from the sale thereof, the
amount for which the same was sold, and such additional taxes
tkereon as may have been paid by the purchaser, his heirs, or
assigns; or, if purchased by the city, with such additional
sums as would have accrued for taxes thereon if the same had
not been purchased for the city, with interest on the said pur-
chase money and taxes at the rate of twelve per centum per
annum from the time that the same may have been so paid;
or the same may be paid within the said two years to the city
treasurer in any case in which the purchaser, his heirs, or as-
signe, may refuse to receive the same, or may not reside, or
cannot be found, in the city of Staunton. -

43. Any infant, married woman, insane person, or person
imprisoned, whose real estate may have been so sold, or his
heirs, may redeem the same by paying to the purchaser, his
heirs, or, assigns, within two years after the removal of the
disability, the amount for which the same was so sold, with
the necessary charges incurred by the purchaser, his heirs, or
assigns, in obtaining the title under the sale, and such addi-
tional taxes on the estate as may have been paid by the pur-
chaser, his heirs, or assigns, and the appraised value of any
improvement that may have been made thereon, with interest
on the said items, at the rate of twelve per centum per annum,
from the time the same may have been paid. Upon such pay-
ment within two years after the removal of such disability, the
purchaser, his heirs, or assigns, shall, at the cost of the original
owner, his heirs, or assigns, convey to him, or them, by deed
with special warranty, the real estate so sold.

44, The purchaser of any real estate, sold for taxes and not
redeemed, shall, after the expiration of two years from the
sale, obtain from the city auditor a deed conveying the same,
wherein shall be set forth what appears in his office in relation
to the sale. When the purchaser has assigned the benefit of
his purchase, the deed may, with his assent, evidenced by his
joining therein, or by a writing annexed thereto, be executed
to his assignee. If the purchaser shall have died, his heirs or
assigns may move the court of hustings of said city to order
the auditor to execute a deed to such heirs or assigns.

45. When the purchaser of any real estate sold for taxes,
his heirs, or assigns, shall have obtained a deed therefor, and
within sixty days from the date of such deed shall have caused
the same to be recorded, such estate shall stand vested in the
grantee in such deed as was vested in the party assessed with
the taxes (on account whereof the sale was made), at the com-
mencement of the year for which the said taxes were assessed,
notwithstanding any irregularity in the proceedings under
which the said grantee claims title, unless such irregularity
appear on the face of the proceedings. And if it be alleged
that the taxes, for the non-payment of which the sale was made,
were not in arrear, the party making such allegation must
establish the trath thereof by proving that the taxes were
aid.

P 46. In case that any real estate struck off to the city, as
hereinbefore provided, shall not be redeemed within the time
specified, the city auditor shall, within sixty days after the
expiration of two. years from the sale, cause to be recorded
such certificate of sale, with his oath that the same has not
been redeemed, and thereupon the said corporation, or their
assignees, shall acquire an absolute title to the same in fee.
The said certificate may be acknowledged, or proved, and re-
corded in the same manner that deeds are recorded, and the
said certificate, or the record thereof, or a copy of said record
duly authenticated, shall, in all courts and places, be presump-
tive evidence of the facts therein stated, and of the regularity
and correctness of such sale, and of all proceedings prior
thereto. 8

47. The city council may organize and maintain a fire de-
partment for the city, and appoint a chief engineer and assist-
ants, with any or all of the powers which have been or may
be vested by law in such officers; and may make rules and
regulations for the governmant of the officers and men of said
department; may prescribe their respective duties in cases of
fire, or alarms of fire; may fix their pay, and may impose rea-
sonable fines for the breach of such regulations; and may
make such ordinances as they may deem proper to extinguish
and prevent fires, to prevent property from being stolen, and
to require citizens to render assistance to the fire department
in case of need.

48. For the purpose of guarding against the calamities of
fire, the city council may, from time to time, designate such
portions and parts of the city as they may deem proper, within
which no buildings of wood shall be erected. They may pro-
hibit the erection of wooden buildings in any portion of the
city without their permission, and shall, on the petition of the
owner or owners of at least one-fourth of the ground included
in any square of the city, prohibit the erection, in such square,
of any building, or addition to any building, unless the outer
walls thereof be made of brick and mortar, or stone and mor-
tar; and may provide for the removal of any such building, or
addition, which shall be erected contrary to such prohibition,
at the expense of the builder or owner thereof. And if any
such building shall have been commenced before said petition
can be acted on by the council, or if any building in progress
of erection appears clearly to be unsafe, the council may cause
such building to be taken down. ,
49, The said council shall, by ordinance, provide for any
irregular election not herein provided for, and appoint the
necessary officers to conduct the same.

50. All ordinances now in force in said city not inconsistent
with this act, the laws of this state, and of the United States,
shall be and remain in force until altered, amended, or repealed
by said council.

51. All acts and parts of acts in conflict with this act, are
hereby repealed.

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

° . ,