Chap. 310.—An ACT to amend the Charter of the Town of Culpeper.
Approved April 29, 1874.

1. Be it enacted by the general assembly of Virginia, That
the fourth, sixth, tenth, eleventh, seventeenth, twenty-first,
twenty-sixth, twenty-efghth, twenty-ninth, thirtieth, thirty-
second, thirty-fourth and thirty-fifth sections of an act passed
Jane eighth, eighteen hundred and seventy, entitled an act
to ehange the name of Fairfax to Culpeper, and to provide a
438 ACTS OF ASSEMBLY.

new charter for the same, be amended and re-enacted =
to read as follows:
Municipalau- ‘“§ 4. The municipal authorities of said town shall con=«
Maver vecorder @ Mayor, recorder, and six councilmen, who shall be el
and councilmen; annually by the qualified voters of said town, and all per:
Who eligibleto qualified to vote in said elections shall be eligible to azz:
such offices = said offices. The recorder shall be ex-officio treasurer s

Recorder to be . -
treasurer and assessor Of said town.

Bergeant to be Ҥ 6. There shall be a town sergeant of said corporat :
elec to be elected by the qualified voters.”
How officers Ҥ 10. The mayor, recorder and councilmen shall each. ---

qualifyand = fore entering upon the daties of their offices, and within =
weeks from the day of their election, make oath or affir.:
tion that they will truly, faithfully, and impartially discha::
the duties of their said offices, to the bast of their abilities, «:
long as they shall continue therein. The mayor and recor.=
shall take said oath before a notary public, and the coan:_
men before the mayor or recorder.
‘When offices “§ 11. If any one who shall have been duly elected mari:
may bedeclared recorder, sergeant, or councilmen, shall not be eligible. «
herein prescribed, or shall refuse or neglect to take the os
or affirmation, or to give the bond required by this act, !<
four weeks from the day of his election, the council, for t::
time being, shall declare his said office vacant,.and shall ori:
anew election for mayor, recorder, sergeant,.or councilms:
as tife case may be, of which said election ten days’ not~
shall be given.” !
Whencouncilis ‘§ 17. In all cases of a tie in the vote, at any meeting’:
equally divided, the council, the mayor, or the recorder, if presiding, shs.
casting vote have the casting vote.” .
Upon whateub- Ԥ 2t. The levy so ordered may be upon all free male p>
jects town levy gons, within said town, over twenty-one years of age, and 0:
y be made a é , . “
' ll real estate within said town, which is not exempted froz
state taxation; and all such other, subjects in said town s
Limitation of may, at the time, be assessed with state taxes: provided, that
taxation. the tax do not exceed fifty cents on every hundred dollars «!
the value assessed on real and personal property.”
Baleof reales- ‘‘§ 26. The county court of Culpeper, on the application
tate delinquent the council, may order real estate, delinquent for non-pay-

ordered ment of taxes, to be sold by the sergeant, at public auction.
; for such taxes; and said court may regulate the terms on
° which real estate so sold may be redeemed, in conformity.

as near as may be, to the state law with reference to delit-
quent lands.”

Bonds of re- Ҥ 28. The recorder and sergeant, before entering upon the
cong onder duties of their offices, shall execute, before the county court
of Culpeper county, bonds, with sureties satisfactory to the

court, which bonds shall be for a penalty not less than five

thousand dollars. The bond of the recorder shall be condi-

tioned for the faithful performanee of his duties as treasurer,

and tbat he will faithfully pay over and account for all mo

‘ ney that shall come. into his hands as treasurer, when and s*
he shall be thereto required by the council.. The: Bond of the
sergeant shall be conditioned for the faithful performance of
his duties as sergeant, and for the collecting and accounting
for, and payment of the taxes, fines and other moneys of the
town, which shall come into his hands, or which it shall be
his duty to collect, at such'times and to such persons as the
council may order, to pay over all money under executions
to those entitled to the same. ;
Ҥ 29. The mayor shall be the chief executive officer of the
town. He shall take care that the by-laws, ordinances, acts
and resolutions of the council are taithfully executed. He
shall, ex-officio, be a conservator of the peace within the
town, and shall, within the same, exercise all the powers
vested in the justices of the peace for the county, except that
he shall have no jurisdiction in civil causes. He shall have
control of the police of the town, and may appoint special
police officers when he deems it necessary. It shall be his
duty, especially, to see that peace and good order are pre-
served, and that the persons and property are protected in
the town. He shall fave power to issue executions for all
fines and costs imposed by him, or he may require the imme-
diate payment thereof, and, in default of such payment, ho
may commit the party in default to the jail of the county of
Culpeper, until the fine and costs shall be paid; but the term
of imprisonment, in such case, shall not exceed thirty days;
or he may require the said person so in default, to work on
the public streets till the fine and costs so imposed shall be
paid. He shall, from time to time, recommend to the coun-
cil such measures as he may deem needful for the welfare of
the town.
Ҥ 30. The recorder shall keep a journal of the proceed-
ings of the council, and have charge of and preserve the re-
cords of the town. In the absence from town, or sickness
of the mayor, or during any vacancy in the office of mayor,
he shall perform the duties of the mayor and be invested
with all his powers. He shall be a conservator of the peace
within the town. He shall: receive a compensation for his
services as recorder, treasurer and assessor, to be fixed by
the council, not to exceed two hundred dollars per annum.”
‘“‘§ 32. It shall be the duty of the town sergeant to collect
the taxes, fines, and other income, and other revenue of the
town, as specified in his bond, and to account for and pay the
same to. the treasurer at such time as the council may order.
And it shall be his duty, at least once every six months, during
his continuance in office, and oftener, if thereto required by
the council, to render an account of the taxes, fines, and other
claims in his hands for collection, and return a list of such as
he sball have been unable to collect, by reason of insolvency ;
to which list he shall make oath that he has used due dili-
gence to collect the same, but has been unable to do so. The
council shall, if it be satisfied that he could not have collected
the said claims, by use of due diligence, allow them; but if the
council.shall be of opinion that, by the use of due diligence
on the part of the sergeant, he could have collected any of
the said taxes, or other claims, then he shall be chargeable
with such as he might have collected. The said sergeant
shall do and perform all the other acta appertaining to the
office of sergeant of a corporation, and of a police officer and
constable within said town; and as such shall have the same
powers, duties, fees, and liabilities as are by law prescribed
ta aconstable. He shall, for his services, receive such com-
nsation as shall be fixed by the council, not to exceed three
andred dollars per annum, and five per centum commissions
on all taxes and fines collected by him.”

Ҥ 33. All moneys belonging to the said town shall be paid
over to the treasurer, and no money shall be by him paid out
except as the same shall have been appropriated and ordered
to be paid by the council; and the said treasurer shall pay
the same upon certificate of the mayor.

§ 34. If the said recorder, as ex-officio treasurer, shall fail
fo account for and pay over all or any moneys that shall
come into his hands, when thereto required by the council,
it shall be lawful for the council, in the corporate name of the
town, by motion before any court of record held in Culpeper
county, to recover from the said recorder and his sureties,
or their personal representatives, any sum that may be due
from said. recorder and ex-officio treasurer, to the said town,
on ten days notice.

“8 35. Before entering upon the duties of their office, the
sergeant and recorder shall make oath cr affirmation before
the mayor, or person who for the time being shall preside at
the council meeting, that they will truly, faithfully and im-
partially discharge the duties of their office, so long as they
shall remain therein.”

2. And be it turther enacted, That the council shall not
have the power to pay, or order to be paid, salaries or com-
pensation to any other officers except those prescribed by
this act; nor shall they contract any debt or liability, or
make any appropiation of money, without the concurrence
of at least four members of the council, entered on the
journal. | |

3. And be it further enacted, That the act approved March
thirty-first, eighteen hundred and seventy-one, entitled an
act to amend the charter of the town of Culpeper, be and
the same is hereby repealed.

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