Chap. 273.—An ACT Providing a Charter for the City of Staunton.

In force March 22, 1872.
CHAPTER Isr.
Elections.

1. Be it enacted by the general assembly, That the territory
contained within the limits prescribed by the act, entitled an
act re-arranging 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 purposes
for which towns and cities are incorporated in this common-
wealth, shall continue to be one body politic, in fact and in
name, under the style and denomination of the city of Staun-
ton, and as such, shall have, exercise and enjoy all the nights,
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 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 votes 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 next, and on the fourth Thursday in May in every second
year thereafter. The treasurer shall be elected on the fourth
Thursday in May in every third year after eightsen hundred
and seventy, and the clerk of the court of hustings on the
fourth Thursday in May in every sixth year thereafter; said
elections shall be conducted under the provisions of the gene-
ral election laws of the state. When two or more persons are
to be elected to the same office, the several persons to the number
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 person
elected to a municipal office shall refuse to accept said office, or
if it shall appear by said election returns that any such officer
shall not have been elected by reason of two or more candi-
dates 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 swcrn, in accordance with the laws of this state ;
such other 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
hike 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.

CHAPTER 2p.

Mayor.

8. The mayor shall be elected by the qualified voters of the
city of Staunton for the term of two years, and until his suc-
cessor shall be elected and qualify, and no person shall be quali-
fied to hold the office of mayor except such as shall be qualified
to hold office under the constitution of this state. His salary
shall be fixed by the city council, payable at stated periods;
and he shall receive no other compensation or emolument what-
ever, and no regulation diminishing such compensation after it
has been once fixed, shall be made to take effect until after the
expiration of the term for which the mayor then in office shall
have been elected. The salary of the mayor when fixed shall
so continue until changed by the city council as aforesaid.

9. He shall, by virtue of his office, possess all the jurisdiction
and exercise all the powers and authority, in criminal cases, of
a justice of the peace of said city, in addition to the powers
hereby given to him by virtue of this act, or that may here-
after be given to him by virtue of any other act of assembly;
but he shall receive no fees for his services as such justice of
the peace. ,

10. It shall be his duty to communicate to the city council
annually, as soon as may be after the commencement of the
fiscal year, and oftener if he shall deem it expedient or be re-
quired by said council, a general statement of the situation and
condition of the city in relation to its government, finances
and improvements, with such recommendations as he may
deem proper.
11. He shall exercise a constant supervision over the con-
duct of all subordinate officers, have power and authority to
investigate their acts, have access to all books and documents
in their offices, and may examine said officers and their subor-
, dinates on oath. He shall also have power to suspend or re-
* move such officers for misconduct in office or neglect of duty,
to be specified in the order of suspension or removal ; but no

F such removal shall be made without reasonable notice to the
officer complained of, and an opportunity be afforded him to be
heard in his defence. On the removal or suspension of such
officer or officers, the mayor shall report the same, with his
reasons therefor, to the city council, at their next stated meet-
in

Tf. In case of the absence or inability of the mayor, the pre-

" sident of the council shall possess the same powers and dis-

charge the municipal duties of the mayor during such absence
or inability.

13. In case a vacancy shall occur in the office of mayor, the
city council shall elect a qualified person to fill 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.

CHAPTER 3b.
City council.

14. The council of the city shall be composed of twelve
members. Each ward shall be represented by an equal num-
of ber of councilmen, who shall be residents of their respective
wards and be qualitied to hold office. They shall be elected
by the electors of their respective wards, and hold their office
for two years.

¢ 15. In case of any vacancy happening in the city council by

- death, resignation, removal from the ward, or otherwise, the
city council shall elect, by ballot, a qualified person to fill the
vacancy until the next election which may be held in the city,
when the vacancy shall be filled by election for the unexpired
term.

16. The city 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 ab-
sence of the president. The minutes and record of the pro-
ceedings of the council shall be signed by the presiding officer.
The president shall have power to call a meeting of the council
whenever he deems it necessary; and, in case of his absence,
or inability, or refusal, the council may be convened by the

iva order, in writing, of any three members of the council.

ut: 17. The city council shall, by ordinance or resolution, fix the
time for their stated meetings; and no business shall be trance.
acted at a special meeting but that for which it shall be called.
18. The city council shall have authority to adopt such rules, P
and appoint such officers, committees or clerks, as they may |
deem proper for the regulation of their proceedings, and for ci
the convenient transaction of business; to compel the attend- o
ance of absent members; to punish its men bens for disorderly ©
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 F
brief manner, note the proceedings of the council, and shall ¢
record said proceedings at large on the record book, and keep ©
the same properly indexed. The meetings of the council shall y
be open except when the public welfare shall require se-°
crecy. .

19. A majority of the members of the council shall consti- ¢
tute a quorum for the transaction of business, but no ordi- °
nance shall be passed, nor resolution adopted, having for its
object the appropriation or borrowing of money, except by 4
the concurrence of at least seven members ; and upon the de- °
mand of any member, on the passage of any ordinance or v
resolution, the yeas and nays shall be taken, and entered on”
the record. No vote or question decided at a stated meeting fy
shall be reconsidered or rescinded at a special meeting, unless
there be at least ten members present, and seven of them shall
concur.

20. The city council shall have, subject to the provisions of F
this act, the control and management of the fiscal and muni- }
cipal affairs of the city, and of all property, real and personal, ¢
belonging to said city, and may make such ordinances, orders
and by- laws relating to the same, as they shall deem proper
and necessary; and they shall likewise have power to make 0
such ordinances, orders, by-laws and regulations as they may ’
deem necessary to carry out the following powers which are
hereby vested in them:

I. To establish a market or markets in and for said city, and »
appoi:t proper officers therefor; prescribe the times and places ©
for heiwling the same; provide suitable buildings and grounds
therefor, and to enforce such regulation as shall be necessary
and proper to prevent huekstering, forestalling or regrating.

If. To erect and provide, in or near said city, stutable work. v
houses, houses of correction and reformation, and houses for ™
the reception and maintenance of the poor and destitute: and ;
they shall possess and exercise authority over all persons with- 1
in the limits of the city receiving or entitled to the benefit of "
the poor laws; appoint necessary officers and other persons ¢
proper to be connected with the aforesaid institutions, and
reculate pauperism within the limits of the city; and the c
council, through the agency they shall appoint for the direc- "
tion ind manaement of the poor of the city, shall exercise
the powers and perform the duties vested by law in overseers
of the poor.

Tit. To erect and keep in order all public buildings neces- r
sary or proper for said city; to erect within the 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.

IV. 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 and 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 prescnibing adequate penalties, the said works, pipes,
fixtures and land, or anything connected therewith, whether
within or without the limits of said city.

V. To close or extend, widen or narrow, lay out, graduate,
curb and pave, and otherwise improve streets, sidewalks and
public alleys in the city, and have them kept in good order
and properly lighted; and over any street or alley in the city
which has been or may be ceded or conveyed to the city by
proper deed, they shall have like power and authority as over
other streets and alleys; they may build bridges in, and cul-
verts under said streets, and may prevent or remove any struc-
ture, 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 said streets; but no company shall
occupy with its works, or any appurtenances thereof, the
streets, sidewalks or alleys of the city, without the consent of
the council duly entered upon its record. In the meantime,
no order shall be made and no injunction shall be awarded by
any court or judge to stay the proceedings of the city in the
prosecution of their works, unless it be manifest that they,
their officers, agents or servants are transcending the authority
given them by this act, and that the interposition of the court
is necessary to prevent injury that cannot be adequately com-
pensated in damages.

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

VII. To determine and designate the route and grade of
any railroad to be laid in said city, and to restrain and regu-
late the rate of speed of locomotives, engines and cars upon
the railroads within the said city, and may wholly exclude said
engines or cars if they please, provided no contract be thereby
violated.

VIII. To make provision for, and regulate the weighing of
hay, fodder, oats, shucks or other long forage; they may also
provide for measuring corn, oats, grain, coal, stone, wood, lum-
ber, boards, potatoes and other articles for sale or barter.

IX. To require every merchant, retailer, trader and dealer in
merchandise or property of any description, which is sold by
measure or weight, to cause their weights and measures to be
sealed by the city sealer and to be subject to his inspection;
and may impose penalties for any violation of any such ordi-
nance.

X. To secure the inhabitants from contagious, infectious or
other dangerous diseases ; to establish, erect and regulate hos-
pitals; to provide for and force the removal of patients to said
hospitals; to appoint and organize a board of health for said
city, with the authority necessary for the prompt and effic‘ent
performance of its duties.

XI. To require and compel the abatement and removal of all
nuisances within said city, at the expense of the person or per-
sons causing the same, or the owner or owners of the ground
whereon the same shall be; to prevent and regulate slaughter
houses and soap and candle factories within said city; or the
exercise of any dangerous, offensive or unhealthy business, trade
or employment .therein, and to regulate the transportation of
coal and other articles through the streets of said city.

XII. If any ground in the said city shall be subject to be
covered with stagnant water, or if the owner or owners, or
occupier or occupiers thereof shall permit any offensive or
unwholesome substance to remain or accumulate therein, the
council may cause such grounds to be filled up, raised or
drained, or may cause such substance to be covered or to be
removed therefrom, and may collect the expense of so doing
from the said owner or owners, occupier or occupiers or any of
them, by distress and sale, in the same manner in which taxes
levied upon real estate for the benefit of said city are author-
ized to be collected: provided, that reasonable notice shall first
be given to said owners or theiragents. In case of non-resi-
dent owners who have no agent in said city, such notice may be
given by publication for not less than four weeks in any news-
paper printed in said city.

XI. To direct the location of all buildings for storing gun-
powder and other combustible substances, and to regulate the
sale and use of gunpowder, fire crackers or fire works, manu-
factured or prepared therefrom, kerosene oil, nitro-glycerine,
camphene, burning fluid or other combustible material; to
regulate the exhibition of fire works, the discharge of fire arms,
the use of candles and lights in barns, stables and other build-
ings, and to restrain the making of bon-fires in streets and
yards.

XIV. To prevent hogs, dogs and other animals from running
at large in said city, and may subject the same to such confis-
cations, regulations and taxes as they may deem proper.

XY. To prevent the riding or driving of horses or animals
at an improper speed, throwing stones or the engaging in any
employment or sports on the streets, sidewalks or public alleys,
dangerous or annoying to passengers, and to prohibit and pun-
ish the abuse or cruel treatment of horses or other animals in
said city.

XVI. 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, disturbances
and disorderly assemblages; to suppress houses of ill fame and
gambling houses; to prevent and punish lewd, indecent and
disorderly conduct or exhibitions in said city, and to expel
therefrom persons guilty of such conduct who have not resided
sherein as much as one year.
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AVIT. 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 intoxi-
cating lignor to any child or minor, without the consent in
writing of his or her parcuts or guardian; aud for any viola-
tion of any such ordinance may impose fines in addition to
those preseribed by the laws of the state.

AVIII. To prevent the coming into the city of persons hav-
ing 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 company,
bringing such person to said city, to enter into bond with sat-
isfactory security that said person 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, that
such order to lcave be issued within thirty days after their
arrival.

21. 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 exceeding
ninety days, which penalties may be prosecuted and recover ed
with costs in the name of the city of Staunton; and the city
council may subject the parents or guardian of any nunor, or
the mistress or master of any : apprentice, to any such penalty
for any such offenee committed by such minor or apprentice.

22. No ordinance hereafter passed by said conncil, for the
violation of which any penalty is imposed, shall take effeet
until the same shall have been published either in one or more
of the city newspapers, or in handbills, as the council may order;
such handbills shall be posted in at least ten public places in
each ward of the city; a certificate of such posting shall be
filed by the sergeaut in the clerk's office of said council; and
all laws resulating and ordinances of said council, certified by
their cler k, 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.

23. The city council shall not take or use any private pro-
perty 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 Augusta
county, in which the land is situated, or 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.

24. 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, or if unknown, the
oceupant of the premises encroaching, to remove the same, and
if such removal be not made within the time prescribed by the
council, they may impose a penalty of five dollars for each and |
every day it is allowed to continue thereafter, and may cause |
the encroachment to be removed and collect from the owner all
reasonable charges therefor, with costs, by the samo process
that they are hercinafter enpowered to collect taxes. No
encroachments upon any street, however long continued, shall
constitute an adverse possession to or confer any rights upon
the persons claiming thereunder as against the said city.

25. 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 public purposes, and the 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 division or sub-
division into lots of any portion of the territory within the cor-
porate 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 reserved is designed
for private use; but upon a petition of a majority of the per-
sons interested therein, the council shall have power to open
the same for the use of the public.

26. Whenever any new street shall be laid out, a street
graded or paved, a culvert built or any other public improve-
ments whatsoever made, the council shall determine what por-
tion, if any, of the expenses thereof shall be paid ont of the
city treasury, and what portion by the owners of real estate
benefitted thercby, or may order and direct that the whole
expense be assessed upon the owners of real estate benetitted
thereby. But no such public improvements shall be made to
be defrayed in whole or in part by a local assessment until first
requested by a petition signed by at least a majority of the
owncrs of property to be assessed for such improvements, or
unless at least three-fourths of all the couneil shall coneur in
voting any improvements to be expedient, or m determining to
make the same after allevations have been heard; in which case
no petition or request shall be necessary. The council shall
have the same power to collect such local assessments for
improvements as are hereinafter vested in them for the collec
tion of taxes.

27. The city council shall grant and pay to all city officers,
clerk 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.

28. If any person having been an officer of said city, shall
not, within ten days after he shall have vacated or been removed
from office, and upon notification and request of the city clerk,
or within such time thereafter as the city council shall allow,
deliver over to his successor in Office all property, books and
papers belonging to the city, or appertaining to such office in
his possession or under his control, he shall forfeit and pay to
the city the sum of five hundred dollars to be sued for and
recovered with costs, and all books, records and documents
used in any such office by virtue of any provision of this act
or of any ordinance or order of the city council, or any superior
officer of said city, shall be deemed the property of said city and
appertain to said office, and the chief officer thereof shall be
responsible therefor.

CHAPTER IV.
City officers.

28. There shall be one city treasurer, one city clerk, one
attorney for the commonwealth, one sergeant, one commissioner
of the revenue, three justices of the peace, and one constable
for the city.

29. The city council may appoint, in addition to those herein
provided for, such officers and clerks as they may deem proper

"and necessary, and define their powers and prescribe their

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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 faithful
discharge of said duties. All officers appointed by the council
may be “removed from office at their pleasure. In case of any
vacancies occurring in any municipal office, where it is not, herein
otherwise prov ided, the city council shall elect a qualified per-
son to fill such office during the unexpired term.

30. There shall be elected by the qualified voters of the city
of Staunton, on the fourth Thursday in May in every third
year after the year eighteen hundred and seventy, one city
treasurer, who shall hold his office for the term of three years,
and until his successor be elected and qualified, unless sooner
removed from office. He shall qualify before the council, and
give bond with surety, to be approved by it, in a penalty to be
determined by the eouncil, but not less in any case than double
the amount that will probably be received by said treasurer as
treasurer of the city.

31. The said treasurer shall receive all money belonging to
the city, and shall keep his office in some convenient place in
the city. He shall keep his books and accounts in such man-
ner as the city council may prescribe, and such books and ac-
counts shall always be subject to the inspection of the mayor
and any member of the city council, or any committee or com-
mittees thereof.

32. No moncy shall be paid out by the treasurer except upon
a warrant of the clerk of the council, countersigned by the
president of the couneil; and he shall keep a separate account
of each fund or appropriation, and the debits and credits be-
longing thereto.

33. All moneys to be paid into the treasury of the city,
except taxes, and such other assessments as the city council
may so ordain, shall be paid by the person liable to pay the
same, or his agent, to the treasurer, in the following manner:
# warrant shall first be obtained from the clerk of the council
directing the treasurer to receive the sum to be paid, specifying
on what account the payment is to be made; upon the payment
of the money to the treasurer he shall give a receipt for the
same, which shall be carried to the clerk, and his receipt there-
for shall be the acquittance of the party making the payment.

34. The treasurer shall also report to the city council at the
end of each fiscal year, and oftener if required, a full and de-
tailed account of all receipts and expenditures during the preced-
ing fiscal year, and the state of the treasury. Heshall also keep
a register of all warrants, their date, amount, number, the fund
from which paid and the person to whom paid, specifying also
the time of payment; and all such warrants shall be examined
at the time of making such report to the city council by a com-
mittee thereof, who shall examine and compare the same with
the books of the clerk, and report discrepancies, if any, to the
city council.

35. The treasurer shall collect all taxes and assessments
which may be levied by said city, and perform such other duties
as may be herein prescribed or ordained by the city council.

36. All moneys received on any special assessment shall be
held by the treasurer as a special fund, to be applied to the
payment for which the assessment was made; and said money
shall be used for no other purpose whatsoever.

37. The treasurer may be required to keep all moneys in his
hands, belonging to the city, in such place or places of deposit
as the city council may, by ordinance, provide, order, establish
or direct. Such moneys shall be kept separate and distinct
from his own moneys; and he is hereby expressly prohibited
from using, either directly or indirectly, the corporation money,
or warrants in his custody or keeping, for his own use and
benefit, or that of any person or persons whomsoever; and any
violation of this provision shall subject him to immediate re-
moval from office. In case of his removal the city council
‘shall elect a qualified person to fill said office until the next
general election.which may be held in the city, when the quali-
fied voters of said city shall, as in other cases, fill such vacancy
by an election of a successor, who shall hold his office for the
remainder, if any, of the unexpired term of the officer removed.
The treasurer shall receive such compensation as the city coun-
cil may, from time to time, deem just and proper.

38. There shall be one city clerk appointed by the city coun-
cil, who shall hold his office for two years and until his suc-
cessor shall be appointed and qualified, unless sooner removed
from office by the city council.

39. The said clerk shall attend the meetings of the city
council, and keep a record of its proceedings. He shall have
the custody of the corporate seal. He shall keep all papers
that, by the provision of this act or the direction of the city
council, are required to be filed with or kept by him. It shall
also be his duty, immediately after the close of each session of
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the city council, to make and present to the mayor a transcript
of every ordinance, resolution, an order concerning any public
improvement, or for the payment of money, and every ordi-
nance, resolution, order and act, of a legislative character,
passed by the city council at such session. He shall, in like
manner, transmit to the treasurer a transcript of all ordinances,
resolutions or orders appropriating money, or authorizing the
payment of money, the issue of bonds or notes. He shall, in
like manner, give notice to all parties, presenting communica-
tions or petitions to the city council, of the final action of the
council on such communications or petitions. He shall publish
such reports and ordinances as the city council are required by
this act to publish, and such other reports and ordinances as
they may direct, and shall in general perform such other acts
and duties as the city council may from time to time require
of him.

40. There shall be elected by the qualified voters of the city,
on the fourth Thursday in May in every sixth year after the
year eighteen hundred and seventy, one clerk of the court of
hustings for the city of Staunton, who shall serve for the
period of six years, and until his successor be elected and
qualify. He shall receive, in compensation for his services, the
fees and emoluments allowed by law to clerks, and such allow-
ance as the city council may from time to time deem just and
proper.

41. There shall be elected by the qualified voters of the city,
on the fourth Thursday in May next, and on the fourth Thurs-
day in May in every second year thereafter. one commonwealth’s
attorney, who shall prosecute in all cases in the hustings court
of the city of Staunton. He shall hold his office for a term of
two years, and until his suecessor be elected and qualify, unless
sooner removed; and shall reecive such compensation for his
services as may be preseribed by law, and such salary as may
be fixed by the city conneil.

42. There shall be elected by the qualified voters of the city
of Staunton, on the fourth Thursday in May next, and on the
fourth Thursday in Muay m every sixth year thereafter, one
commissioner of the revenue, who shall hold his office for the
period of six vears, and until his successor shall be elected and
qualify, unless sooner removed from office. He shall give bond,
with sureties, in such amount as the conneil may dertermine,
said bond to be approved by the city council, entered on their
record, and filed in the oftiee of the city clerk. In case a
vacancy shall ocenr in the office of commissioner of the reve-
nie, the city council shall cleet a qnalified person to fill said
office until the next general election which may be held in the
city, when the vacancy shall be filled by election for the unex-
pired term.

43. The said commissioner of the revenne shall perform all
the duties in relation to the assessment of property for the
purpose of levying the city taxes that may be ordered by the
city council. He shall keep his office in some convenient place
in said city, and shall keep therein such books, schedules and
records, and in such manner as the mayor and city council may
direct and prescribe, which books, records and other papers
shall be subject to the inspection and examination of the mayor,
the members of the city council, or any committee or comiit-
tees thereof, and of the collector of city taxes.

44, To aid the commissioner of the revenue in his duties, the
clerk for the court of hustings for the city of Staunton, as re-
quired, shall deliver to him such lists as are mentioned in the
seventh and eighth sections of the thirty-fifth chapter of the
Code of Virginia of eighteen hundred and sixty, as far as may
relate to lands in said city. He shall receive for his services
the fees allowed by law, and such other compensation as the
city council may from time to time direct.

45. There shall be elected by the qualified voters of the city
of Staunton, on the fourth Thursday in May next, and on the
fourth Thursday in May in every second year thereafter, one
city sergeant, who shall attend the terms of the court of hust-
ings for said city, and act as the officer thereof, and shall per-
form such other duties as may be prescribed and ordained by
the city council, and shall recetve such compensation therefor
as the council shall determine. He shall be the collector of
city taxes, placed in his hands by the city treasurer, and for
that purpose shall have all the powers and authority, and be
subject to the same liabilities and penalties, as are prescribed
for township collectors in the collection of state taxes and
county levies, and may be proceeded against in the same man-
ner, so far as applicable and not inconsistent with the provi-
sions of this act. 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 into his hands for taxes, or otherwise, belonging to the
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.

Before entering upon the duties of his office, as collector of
the city taxes, he shall enter into bond, with sureties to be ap-
proved by the council, in such stun as the council may direct ;
stuid bond to be pavable to the city of Staunton, and condi-
tioned for the faithful discharge of the duties of 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.

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

47. There shall be elected by the qualifiel voters of the city
of Staunton, on the fourth Thursday in May next, and on the
fourth Thursday in May in every second year thercafter, one
constable for said city, who shall hold his office for the term of
two years, and until his successor be appointed and qualify,
sooner removed from office. Said constable shall keep
ce in such convenient place, in the city, as may be desig-
oy the city council, and shall receive such compensation
services as is allowed by law. He shall, in all civil cases,
ne same powers and duties, and be subject to the same
es, as are prescribed by law to other constables, and
erform such duties as the city council may ordain, not
lict with the provisidns of this act, the laws of this state,
laws of the United States.

There shall be elected by the qualified voters of each
mn the fourth Thursday in May next, and on the fourth
lay in May in every second year thereafter, three justices
peace for each ward of the said city, who shall be resi-
yf their respective wards, and shall hold office for the
f two years, and until their successors be elected and
, unless sooner removed from office. The said justices
peace shall be conservators of the peace within the limits
corporation of Staunton, and shall have the same power
ties, within said limits, and receive, for their services
es as are provided by law in respect to justices of the
in counties of this State, in their respective counties.

CHAPTER V.
Finances.

The city council may, in the name of, and for the use of
r, contract loans, or cause to be issued certificates of
r bonds; but such loans, certificates, or bonds, shall not
deemable for a period greater than thirty-four years:
.d, however, that said council shall not contract such
wr issue such certificates of debt, or bonds, for the pur-
subscribing to the stock of any company incorporated
ork of internal improvement, or other purposes, without
first authorized so to do by three-fourths of the legal
of the city voting on the question ; and the council shall,
uch debt or loan is created, provide a sinking fund for
ment of the same: and provided further, that the said
shall not endorse the bonds of any company whatsoever
t the same authority.
Whenever, hereafter, there shall be contracted by the
any debt, not payable within one year thereafter, there
2 set apart annually, for thirty-four years, or until the
paid, a sum not less than one per centum of the amount
1 debt, in addition to the annual interest agreed to be
ereon ; which sum shall be applied and invested towards
‘ment of such debt.
or the execntion of its powers and duties, the city coun-
raise annually, by taxes and assessments in said city,
subjects taxable by the state, such sums of money as
all deem necessary to defray the expenses of the same,
such manner as they shall deem expedient, in accord-
ith the laws of this state and the United States.
52. The city council may levy a tax on water and gas, on
licenses to agents of insurance companies, whose principal
office is not located in said city; to auctioneers; to public,
theatrical, or other performances or shows; to keepers of bil-
liard tables and ten-pin alleys; to hawkers and pedlars; to
agents for the renting of real estate ; to commission merchants,
and any other business for which a license may be required by
the state.

53. Any payment of taxes made by the tenant, unless under
an express contract contained in his lease, shall be a credit
against the person to whom he owes the rent; and where any
tax is paid by a fiduciary, on the interest or profit of money of
an estate invested under an order of court, or otherwise, the
tax shall be refunded out of such estate.

54. 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 license 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.

55. 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.

56. There shall be a lien on real estate for the city taxes as
assessed thereon from the commencement of the year from
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. |

57. 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 eause 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, a list 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.

58. 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 aceordingly of the said several par-
cols 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 collector
shall exeente to the purchaser a certiticate of sale, in which the
property purchased shall be deseribed, and the aggregate
amount of tax or assessment, with charges and expenses speci-
fed; but the collector shall not, for himself, eituer directly or
indirec ‘tly, prrchiase any real estate so sold.

50. 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

-assessment, 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 azgrezate amount of tax or assess-
ment, with charges and expenses specified, and shall deposit
such certificate with the auditor.

60. 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
thereon 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 acerued for taxes thereon, if the same had
not been purchased for the city, with interest on the said pur-
chase moncy 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 purelaser, his heirs or
assivus, may refuse to receive the same, or may not reside or
eannot be found in the city of Staunton.

61. Any infant, married woman, sane person, or person
imprisoned, whose real estate may have been so sold, or his
heirs, may redeem the same by puying to the purchaser, his
heirs or assigns, within two years after the removal of the dis-
ability, the amount for which the same was so sold, with the
necessary charges incurred by the purchaser, jus heirs or
assivng, In Obtuining the title under the sale, and such addi-
tional taxes on the estate as may have been paid by the pur-
chaser, his lieirs or assigns, aud the appraised value of any
nuprovement that may have been made ther eon, 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, is heirs or assiens, shall, at the cost of the
original owner, his heirs or assigus, convey to him or them, by
decd with special warranty, the real estate so sold.

62. The purchaser of any real estate sold for taxes and not
redeemed, shall, after the expiration of two vears 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 benetit 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.

63. 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 truth thereof by proving that the taxes were
paid.

64. 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 require an absolute title to the same in fee.
The said certificate may be acknowledged, or proved, and
recorded in the same manner that deeds are recorded, and the
said certiticate, 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.

65. The city council may organize and maintain a fire de-
partment for the city, and appoint a chief engineer, assistants
and other officers, 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 government of the officers and
men of said department; may prescribe their respective duties
in case of fire or alarms of fire; may fix their pay and may
impose reasonable fines for the breach of such reeulations;
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.

66. 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, with-
in 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 their erection on 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.

67. The said council shall, by ordinance, provide for any
iregwar election not herein provided for, and appoint the
necessary officers to conduct the same.

68. 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.

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

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