Chap. 45.—An ACT to Amend and Re-enact an Ast entitled an Aet to
Amend the Charter of the Town of Warrenton, passed April 0, 1852.

Approved January 17, isv1.

1. Be it enacted by the general assembly cf Vireinia, That
an act to amend the charter of the town of Warrenton, passed
April ninth, eighteen hundred and fifty-two, be amended and
re-enacted so as to read as follows:

“$1. The couneil of the town of Warrenton shail consist of
a mayor, recorder, and seven aldermen, who shall be eleeted
annually by the qualified voters of the said tow n, and all per-
sons qualified to vote in said clection, shall be eligible to either
of the said offices. Their term of oflice shall be (except when
elected to fill vacancies) for one year, and until their successors
shall have qnalified. Whenever a vavancy sia ecear, from
any cause, in the office of mayor or recorder, the ecuneil shall
forthwith ‘order an election to be held to fill the vacancy, of
which election two weeks’ previous notice shali be duly given
and published by the council. Vacancies oecurring in the
office of aldermen shall be filled by appointment of the council.

§ 2. All persons who shall be qualific xd to vote for mem-
bers of the general assembly of Virginia, shall be entitled to
vote for all officers elected by the people under this act.

Ҥ 3. The clection for mayor, recorder, and aldermen, shall
be held, annually, on the fourth Thursday in May in each year,
and at such special times as may be fixed for the filling of
vacancies, as hereinbefore provided. All said elections shall
be held at some convenient place in the town, which shall be
appointed and publisired by the council. If for any cause such
election shall not be held on the day lawfully appointed there-
for, it shall be held as soon thereatter as may be, of which at
least two weeks’ previous public notice shall be given.

Ҥ 4. The votes for all officers elected under this charter
shall be given in the manner prescribed for the casting of votes
in general state elections by the constitution and laws in force
at the time.

Ҥ 5. The election shall be conducted by the sergeant of the
town, under such superintendence and under sich rules and
regulations as the council may prescribe. If the @ Rerueant be
absent or be incapable of avtiny, the elcetion shall be con-
ducted by such persons as the superintendents shall select.
The said superintendents shall, before entering upon the dis-
charge of their duties, make oath or affirmation that they will

faithfully and impartially discharge their duties as such.

“86. The council may prescribe the manner of declaring
and certifying elections, of determining contested elections,
and of deciding between two or more where the number of
votes shall be equal.

Ҥ 7. The council in existence at the tine of any clection,
shall judge of the election, qualification, and return of the
members newly elected; and should any person returned be
adjudged unduly elected or not qnalified to hold the office for
which he is chosen, a special election to fill the vacancy shall
be held. It shall be the duty of the mayor, as soon as may be
after an election, to call a meeting of the council to examine
the returns, and the council shall forthwith ‘notify the persons
elected of their election.

Ҥ 8. A majority of the council shall constitute a quorum to
do business, but each member, before he enters. upon the dis-
charge of his duties, shall take an oath faithfully to perform
the same, which shall be entered of record in the minutes of
the council.

Ҥ 9. The council of said town of Warrenton shall have
power to lay off streets, walks, or alleys; alter, iiprove, and
light the same, and have them kept in good order; to lay off
public grounds, and provide all buildings proper for the town;
to prescribe the time for holding markets, and regulate the
same; to prevent injury or annoyance from anything danger-
ous, offensive, or unhealthy, and cause any nuisance to be
abated ; to regulate the keeping of gunpowder or other combus-
tibles, and provide magazines for the same; to provide in or
near the town water-works and places for the interment of the
dead; to prevent the pollution of the water and injury to the
water-works, for which purpose, their jurisdiction shall extend
to a mile above the same; to provide for the regular building
of houses in the 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 more than ten feet high, unless the
outer walls thereof be made of brick and morter, or stone and
morter, and provide for the removal of any building or addi-
tion erected contrary to such prohibition; to provide for the
weighing and measuring of hay, coal, or any other articles for
sale, and regulate the transportation thereof through the
streets; protect the property of the town and its inhabitants,
and preserve peace and good order therein. For carrying
into effect these and their other powers, they may make ordi-
nances and by-laws consistent with the laws of the state, and
prescribe fines or other punishment for violations thereof, in-
cluding imprisonment in the county jail of Fauquier county
for a term not exceeding thirty days, and for failure to pay any
fine, to which end the authorities of said town shall have the
right to use said jail for any purpose for which the use of a
jail may be needed by them under the acts of the council or
of the state; to keep atown guard, appoint, or cause to be
elected by the voters of said town, a sergeant, collector, and
such other officers as they may deem necessary, remove them
from office, define their powers, prescribe their duties and
compensation, and take from any of them a bond, with sure-
ties, in such penalty and with such conditions as to the council
may seem fit, and payable to the town by its corporate name.

Ҥ 10. The council of said town of Warrenton may, when
anything for which a license is so required is to be done within
the town, impose a town tax for the privilege of doing the
same, and require a license to be obtained therefor, and in any
case in which it sees fit, require from the person licensed bond,
with sureties, in such penalty and with such conditions as it may
deem proper, or make other regulations concerning the same.

‘“§ 11. The said council shall annually cause to be made up
and entered on its journal, an account of all sums lawfully
chargeable on the town which ought to be paid within one
year, and order a town levy of so much as in its 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 all male persons within the town over
the age of twenty-one years, and on all real and personal
estate in said town which is not expressly exempted from
state taxation, and all such other subjects in said town as may
at the time be assessed with state taxes against persons re-
siding in the town: provided, that the tax do not exceed fifty
cents on every one hundred dollars of the real and personal
property, or fifuy cents per head on each taxable person: and
provided, that the concurrence of a majority of the whole
council shall be necessary to pass any act levying taxes on any
subject whatever.”

Ҥ 13. Such salaries may be annexed to the offices of mayor
and recorder as the council may from time to time determine
upon, but such salary shall not be increased or diminished for
the term for which they shall have been elected.

Ҥ 14. The corporate name of said town shall hereafter be
The Town of Warrenton.

Ҥ 15. The taxes on any real estate shall be a lien thereon
from the time of their assessment; and if the taxes thereon
are in arrear for two or more years, the council may order
such real estate to be rented out, from time to time, at public
renting, by the sergeant, for a term of one year at each rent-
ing, and apply the rents until the taxes in arrear and accrued
by the end of said term, and the costs and charges attending
such renting, shall have been paid, and the surplus paid to the
owner.

““§ 16. The council shall have power to require the owner of
real estate upon any of the streets in said town, to pay such
proportion of the cost of paving the side-walks adjacent there-
to, not exceeding one-half, as to the council may seem fair and
proper. ‘The amount so payable shall constitute alien on such
real estate, and be recoverable in like manner as the taxes
thereon. |

Ҥ 17, Whenever it shall appear to the council that the ne-
cessities of the corporation require it, the said council may,
in the name and for the use of the corporation, contract loans,
or cause to be issued certificates of debts or bonds; but such
loans shall not exceed in the aggregate at any time the sum of
ten thousand dollars; and there shall be set apart from the
corporation revenues of each year enough to pay the accruing
interest on such loan or loans, and such proportions of the
principal as, at the expiration of the loan, will discharge the
whole liability ; which sums, so set apart, unless paid towards
the discharge of the debt, shall be safely invested by the coun-
cil in such manner as to be made available for its payment at
maturity.
“$18. The election of the present acting mayor, recorder,
and aldermen of the said town of Warrenton, by the qualified
voters of said town on the fourth Thursday in May, eighteen
hundred and seventy, is hereby ratified, confirmed, and de-
clared valid, as are also all the acts of said council done and per-
formed in accordance with the provisions of the charter cf
said town, as fully, to all intents and purposes, as if the said
election had been held under the provisions of this act.

Ҥ 19. All the rights, privileges, and properties of the said
town, heretofore acquired and possessed, owned, and enjoyed.
under any act now in force, shall continue undiminished, and
remain vested in said town under this act; and all the laws,
ordinances, acts, and resolutions of the council now in force
and not inconsistent with this act, shall be and continue in fu!
force and effect until regularly repealed by a council electe:t
as provided for under this act.

“§ 20. This act shall be in force from its passage.”