Chap. 150.—An ACT to Provide a'Charter for The City of Winchester.
Approved April 2, 1874.
Corporate limits and charter of the city of Winchester.

1. Be it enacted by the general assembly, That the terri-
tory contained within the limits established by the act of the
general assembly of Virginia, passed February —, seven-
teen hundred and fifty-two, and by the several acts passed
subsequent thereto, and by any act hereafter passed by said
eneral assembly, shall be deemed and taken as the city of
Winchester, and the inhabitants of the city of Winchester,
for all purposes for which cities and towns are incorporated
in this commonwealth, shall continue to be the body politic
in fact and in name, under the style and name of The Cit
of Winchester, and as buch shall have, exercise and enjoy all
the rights, immunities, powers and privileges, and be subject
to all the duties and obligations incumbent upon and pertain-
ing to said city as a municipal corporation: provided, that
the said city of Winchester shall be and continue liable for
the peace of said city, shall be resident of each ward. All

regular elections for cify officers shall be held on the fourth v
Thursday in May, and the officers elected shall enter upon &
their duties on the first day of July succeeding. All officers o
of the city shall continue in office until their successors have =
qualified, except in cases of suspension or removal. They ©
shall be over twenty-one years of age. .

Terms of office.

6. All of the officers mentioned in the third section of this 1
act shall be elected at the general election to be held on the °
fourth Thursday in May, eighteen hundred and seventy-four,
and at general elections when necessary thereafter. The
terms of office of said officers, except recorder, shall be as
now and may be hereafter prescribed by law. The term oft
office of the recorder shall be the same as that of mayor. °

Duties of the Mayor.

7. The mayor shall be the chief executive officer of the 3
city; shall see that the laws and ordinances of the city are
enforced; shall be ex-officio a conservator and justice of the 4
peace; and shall, within the city and for one mile outside of
the boundaries of the city, exercise all the duties and powers
vested in justices of the peace. He shall see that peace and
good order prevail. He shall have control over the police
officers of the city, and may appoint special police officers
whenever he deems it necessary, and shall perform such other
duties and have such other powers, not inconsistent with this
act, a8 are now or may be hereafter imposed and conferred
by law on the mayors of cities and towns having a popula-
tion of five thousand or over. In case a vacancy occur in 5
the office of mayor, the common council shall elect 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.

Power and duties of the recorder.

8. The recorder shall be ex-officio a justice of the peace, p
with all the powers and authority of a justice of the peace, P
and in case of the absence of the mayor, or of his inability
to act, he shall perform all the duties and have all the powers
of the mayor. In case of a vacancy in the office of recorder, v
the council shall elect a qualified person to supply the va-°
cancy until the next general election, at which time a re- &
corder shall be elected for the unexpired term.

Common council; its powers.

9, The common council shall elect a president, who shall c
preside at its meetings. In case of his absence, the council §
shall elect a president pro tempore. The council shall have
city to lay off, alter and improve streeta,
) regulate the width of the same and keep
iy off public grounds and provide and take
dings; to abate anything which, in the
“ity, shall be a nuisance; to provide against
diseases; to establish markets and regu-
2; to provide for the taking care of the
purchase and*hold such real estate aa it
ry for the purposes of the city; to levy
y, persons and licenses taxed by the state;
Impose a water tax; to provide a revenue
propriate the same; to contract debts in
y of Winchester, and for the use of said
» exceed in the aggregate at any one time
ithorized by act of the general assembly)
usand dollars; to adopt rules for its own
16 transaction of business; to define the
he duties and fix the term of service of
xcept where they are defined, prescribed
or the laws of the state; require and take
ith such sureties and in such penalties as
r the faithful discharge of their duties,
made payable to the city of Winchester;
ntees; to fill all vacancies in the council,
» all such things as it may deem proper
quiet and good order of the city, and to
li needful ordinances and establish such
the officers and prescribe their duties and
‘ary to the constitution and laws of the
ions of this act, and to enforce fines and
flict with the laws of the state. All finee
y ordinances may be recovered before
peace of said city, or the mayor, in the

Winchester, and in such other manner
ribunal or court as may be prescribed by
te. When the fine imposed by a justice
l exceed, exclusive of costs, the sum of
defendant shall have the right to appeal
rt of Winchester, upon giving bond, with
security, payable to the city of Winches-
satisfy such judgment as may be rendered
council shall have such other powers as
rred on the council, or on the correspond-
3 and towns having a population of five
y the constitution and general laws of the
with this act.

vate property for public purposes.

hall not take or use any private property
public purposes of the city, without mak-
owners thereof just compensation for the
ses where the said city cannot, by agree-
ment, obtain title to the ground necessary for such purposes, P
it shall be lawful for said city to apply to and obtain from ¢
the circuit court for the county in which the land shall be
situated, or to the hustings court of the city, if the subject
lies within the city, for authority to condemn the same, which
Shall be applied for and proceeded with as provided by 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 p!
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 k
council, and polls be opened in each ward. The poll-books
shall contain two columns, one headed, “for tax,” and the
other, “against tax.” The said poll-books shall be duly cer- Pp
tified 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 at said election are against y
the said tax, the council shall not take or condemn such land *
for streets or other purposes.

New street and other improvements.

11. Whenever any street shall be laid out, graded o1 paved, g
or any other public improvement, whatsoever made, the city ©
council may determine what portion, if any, of the expenses p.
thereof ought to be paid from the public treasury, and what “
portion by the owners of real estate benefitted, or may order y¥
and direct that the whole expense be paid out of the treasury, *
or be assessed upon the owners of real estate benefitted
thereby. But no such public improvement 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 three-fifths p
of the owners of property to be assessed for such improve- ™
ments, and unless at least three-fourths of the council shall «
concur in voting any such improvement to be expedient, and
that the expense of making the same shall be so assessed.
The council shall have the same powers to collect such local p
assessments, for improvement, as are vested in it for the col- *
lection of taxes. P

Treasurer; his duties.

12. The city treasurer shall qualify before the judge of the r
hustings court, and shall execute like bonds as are or may ?
be hereafter required of county treasurers, so conditioned as
to secure the faithful discharge of his duties, in relation to
the state revenue. He shall also execute, before the common
council, or before a committee of the council appointed for
the purpose, a bond, payable to the city of Winchester, and
in such penalty as the council may prescribe, so conditioned
as to secure the faithful discharge of his duties, in relation
7revenue. The council shall fix the compensation
vices, so far as they pertain to the collection, re-
d disbursement of the city revenue. The council
ribe, by ordinance or resolution, the mode of pay-
3 into or out of the treasury. In case of a vacancy
-e of treasurer, the hustings court shall appoint 4
erson to fill said office, who shall qualify and give
<e manner as if he had been regularly elected, and
is office until the next regular election, and until
sor shall be elected and qualified, to fill the remain.
y), of the unexpired term of tho treasurer in office
vacancy occurred. The council may, by ordinance
on, prescribe the duties of the city treasurer, in
» the city revenue, and may require him to collect
ive payment of the taxes levied by the council, and.
nes as the council may determine, to place the an.
axes in the hands of the city sergeant.

City sergeant; his duties.

city sergeant shall, in addition to his duties pre-
law, be the collector of city taxes, and shall collect
} as may be placed in his hands by the city treast-
y other city officer, by virtue of any ordinance or
of the council. In addition to the bond or bonds
f the city sergeant by law, ho shall execute before
1, or a committee appointed for the purpose, a bond
o the city of Winchester, in such penalty as the
ay prescribe, conditioned for the faithful discharge
jes of his said office. He shall perform such other
he council may prescribe, and his compensation
rformance of said duties, as well us for the collec-
e city revenue, shall be fixed by the council; and
1 shall prescribe the rules, regulations and liabili-
which the city revenue shall be collected.

al and appointment of treasurer and city sergeant.

uld the treasurer or city sergeant fail to execute
able to the city of Winchester, as provided for by
ithin sixty days from the date of his election or
nt, it shall be the duty of the judge of the hustings
he city of Winchester to remove said officer and
/another, whe shall hold said office until the next
ection and qualification of his successor; and the
Ly appoint a person to perform the duties of treasnu-
sergeant, so far as the city revenue is concerned,
ppointee of the court has qualified under this section.

‘treasurer and city sergeant; commissioner of revenue.

treasurer and city sergeant may each appoint,
onsent of the hustings court, entered of record, a
hu shall perform the same duties as the treasurer
nd city sergeant respectively ; but the treasurer and sergeant
-nd their respective sureties shall be liable therefor. The
austings court or the council may remove such deputies.
“he council shall fix a reasonable compensation for the com-
missioner of the revenue for the assessment of city taxes,
ssuing of city licenses, and returning the list of licenses and
»roperty and land books.

Distraining for city taxes.

16. All goods and chattels, wheresoever found, may be dis-
.rained aad sold for city taxes assessed and due thereon, or
due by the owners thereof, and assessed on other property
>r licenses; and no deed of trust or mortgage upon goods
and chattels shall prevent 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 pos-
session. :

Lien for taxes.

17. There shall be a lien on the real estate for city taxas,
a8 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 the said taxes with legal interest thereon.
Such real estate shall be sold, and may be redeemed in the
manner provided by law.

Delinquent list.

18. The city sergeant shall, under the direction of the city
<ouncil, cause a notice of the time and place of such sale to
be published, in all the newspapers published in said city, at
least sixty days previous to such sale; and he shall also cause
to be published in one or more of said papers, on some day
(not less than thirty 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.

Sale of property for taxes.

19. If such tax or assessment, and the percentage, interest
and expense 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 city ser-
geant shall proceed to make sale accordingly of the said sev-
eral parcels of real estate, or so much thereof as may be
necessary, to the highest bidder; and the sale may be ad-
journed, from day to day, until it shall be completed. On
such sale the city sergeant shall execute to the purchasers
certificate of sale, in which the property purchased shall be
described, and the aggregate amount of tax or assessment,
with charges and expenses specified; but the city sergeant
shall not for himself, either directly or indirectly, purchase.
any real estate so sold.

When city may buy.

20. 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 city sergeant
shall execute to the city a certificate of sale in which the
property purchased shall be described, and the aggregate
amount of tax or assessment, with charges and expenzes
specified, and shall deposit such certificate with the clerk o
the council or such officer as may be designated by the con-
mon council, and send a copy thereof to the auditor of public
accounts.

How property redeemed.

21. The owner of any real estate so sold, his heirs or a:
signs, 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 addi-
tional sums as would have-accrued for taxes thereon if the
same had not been purchased for the city, with legal interest
on the said purchase money, and taxes 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 assigns, may refuse to
receive the same, or may not reside, or cannot be found in
the city of Winchester: provided, however, that the said
real estate if purchased by the city, may be so redeemed at
any time within ten years, by paying such purchase money,
taxes, interest and expenses.

Rights of infants, &c.

22. 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
purchaser, his heirs or assigns, and the appraised Yalue of
any improvements that may have been made thereon, with
legal interest on the said items, from the time the same may
have been paid. Upon such payment 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 war-
ranty, the real estate so sold.

Deed for property sold for taxes.

23. The purchaser of any real estate sold for taxes and
not redeemed, shall, after the expiration of two years, or in
the case of the purchase by the city, within ten years from
the saJe, obtain from the clerk of the council or such officer
as may be designated by the council for the purpose, 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 benefit of his purchase, the deed may, with his as-
sent, evidenced by his joining therein, or by a writing an-
nexed thereto, be executed to his assigns. If the purchaser
shall have died, his heirs or assigns may move the court of
hustings of said city to order the clerk of the council or other
officer designated by the council to execute a deed to such
heirs or assigns. )

When title vested in purchaser.

24. 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 as-
sessed with the taxes (on account whereof the sale was made)
at the commencement of the year for which the said taxes
were assessed, notwithstanding any irregularity in the pro-
ceedings under which the said grantee claims title, unless
such irregularity appears 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 mak-
ing such allegation must establish the truth thereof by prov-
ing that the taxes were paid.

Title to city of land sold for taxes; how used, &c.

25. In case that any real estate struck off to the city, as
hereinbefore provided, shall not be redeemed within the time
specified, the clerk of the court, or such other officer as may
be designated by the council, shall, within sixty days after the
expiration of ten 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 other
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 fact therein stated, and of the regularity
and correctness of such sale, and of all proceedings prior
thereto.

26. All ordinances now in force in said city, and not incon.
sistent 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 the council.

27. All acts and parts of acts inconsistent with this act
are hereby repealed.

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