Chap. 263.—An ACT to provide a new charter for the town of
Wytheville.

Approved February 26, 1886.

CHAPTER I.
ELECTIONS—BOUNDARIES.

1. Be it enacted by the general assembly of Virginia, That
the territory in Wythe county, included in the following
boundaries: beginning at the corner of the present corporate
limits of said town of Wytheville, marked twenty-six on the
map of said town, adopted by the board of trustees of said
town on the twenty-third day of April, eighteen hundred and
seventy-seven, and recorded in thé county court of said county,
the said beginning corner being the intersection of the north
line of Union street, and the west line of Eighteenth street, as
shown by said map, and running thence with said west line of
Eighteenth street, extending north-west and at right angles
to Main street of said town to a stake in the land of David
Sexton, one thousand and thirteen feet north-west from the
north line of said Main street, extending south-west; thence
by a line north-east and parallel with said Main street, to a
stake in the land of Mistress Susan Spiller, and in the east line
of Tenth street of said town extending north-west; thence
with the last named line and at right angles with said Main
street, south-west to the present corporate line; thence with
the present corporate lines, and passing the corners thereof
marked on said map by numbers eighteen, seventeen, sixteen
and fifteen, and with the last named line, extended north-east
from said number fifteen, and parallel with said Main street, to
a stake in the land of John H. Ewald, and in the east line of
Ninth street of said town, extended north-west; thence with
the last named line south-west, and at right angles to said
Main street, three hundred and thirty-one feet to a stake in the
same land; thence by a line north-east and parallel with said
Main street, seven hundred and thirty-eight feet to a stake in
the extension north-west of the present corporate line of said
town, marked on said map by number eleven; thence south
forty-four and one-half, east three hundred and forty-two, to
the south line of the Bland and Mercer turnpike road; thence
with said south line, north twenty-three and one-half east, to
the north-west corner of C. J. Noel’s land; thence with the
said line south fifty-one and a half, east one thousand and
eighty-one feet; thence north forty, east eight -hundred and
forty-one feet, north thirty-three, east five hundred and twenty-
eight feet; thence south one thousand four hundred and eighty-
five feet; thence south four, east two hundred and ninety-seven
feet, south eighty-three, west one thousand. and seventy-two
feet; thence to the north-west corner of the old fair ground;
thence southwardly with south line of McAdam road to south
line of Marshall street of said town, as shown by said map;
thence with the south line of the last named street,-south-west
to the east line of First street, extended south-east; thence
with the last named line, and at right angles to said Main
street south-west, to the Norfolk and Western railroad; thence
with said railroad south-westwardly to the line of the present
corporate limits of said town, and at the corner of said railroad
marked two on said map; and thence with the present corpo-
rate limits, as shown on said map by lines and corners marked
by numbers one, thirty-one, thirty, twenty-nine, twenty-eight,
twenty-seven and twenty-six, to the beginning; shall consti-
tute the corporate limits of said town.

MAYOR AND COUNCIL,

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

OFFICERS.

3. The municipal officers of said town shall consist of a
mayor, a treasurer, twelve councilmen, and a sergeant.

WARDS.

4. The town shall be divided into four wards, as follows:

The first ward shall consist of all that portion of the town—

ist. Lying east of Church and south of Main streets.

2d. The second ward shall consist of all that portion of the
town lying west of Church street and south of Main street.

3d. The third ward shall consist of all that portion of the town
lying north of Main and west of Church street.
4th. The fourth ward shall consist of all that portion of the
town lying north of Main and east of Church street.

ELECTION OF OFFICERS.

5. The election of the municipal officers mentioned in the
third section of this act, except the treasurer and sergeant,
shall be held on the fourth Thursday in May, eighteen hundred
and eighty-six, and on the fourth Thursday in May, every
second year thereafter. The treasurer shall be appointed by
the council at the first meeting after its organization, and every
third year thereafter. Said elections shall be conducted under
the provisions of the general election laws of the state. When
two or more persons are to be elected to the same office, the
several persons of the number required from each ward having
the highest number of votes shall be declared elected. At the
first general election in May, eighteen hundred and eighty-six,
there shall be elected twelve councilmen, who shall hold their
offices two years. The council to be elected under this act shall
be elected by a popular vote, each ward being represented by
an equal number of councilmen.

BONDS QF OFFICERS.

6. The mayor, and all other municipal officers of said town,
before entering upon the duties of their respective offices, shall
be sworn, in accordance with the laws of the state. by any one
authorized to administer oaths under the laws of tHe state. If
any person elected or appointed to any office in said town shall
neglect to take such oath, for thirty days after receiving notice
of his election or appointment, or shall for the like space of
time neglect to give such securities as may be required, he shall
be considered as having declined said office, and the same shall
be declared vacant, and such vacancy shall be filled as prescribed
by section five of this chapter.

CHAPTER II.
MAYOR—HOW ELECTED. '

7. The mayor shall be elected by the qualified voters of the
town, for the term of two years; his salary shall be fixed by the
town council, and he shall receive no other compensation or
emoluments ‘whatever, and his salary shall not be diminished
during his term of office.

HIS JURISDICTION.

8. He shall, by virtue of his office, possess all the jurisdiction
and exercise ali the power and authority which may be con-
ferred upon him by the ordinances of said town, in addition to
the powers hereby given him by virtue of this act.
g. It shall be his duty to communicate, in writing, to the
town council annually, at the beginning of each fiscal year, or
oftener if he shall be required by said council, a general state-
ment of the condition of the town, in relation to its government,
finances and improvements, with such recommendations as he
may deem proper.

GENERAL SUPERVISORY POWERS.

10. He shall exercise a constant supervision over the conduct
of all subordinate officers, have power and authority to investi-
gate their acts, have access to all books and documents in their
offices, and may examine said officers and their subordinates
on oath. He shall also have power to suspend or remove such
officers for misgonduct in office, or neglect of duty; but no 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 an officer,
the mayor shall report the same to the town council at their
next stated meeting, for their consideration, but in no case shall
it be final until ratified by a majogity of the whole council.

WHO TO ACT IN HIS PLACE WHEN ABSENT.

11. In case of the absence of, or inability of the mayor, the
president of the council shall possess the same power, and dis-
charge the municipal duties of the mayor during such absence
or inability.

VACANCY-—-HOW FILLED. |

12. In case a vacancy shall occur in the office of the mayor,
the president of the town council shall fill the vacancy until the
next stated meeting of the council, and until his successor is
elected and qualified; and the vacancy thus caused in the office
of mayor shall be filled by the town council for the unexpired
term; and in the event they shall elect one of their own number
mayor, or should a vacancy occur in the council from any other
cause, they shall fill the vacancy thus caused in the town council.
In filling these vacancies a majority of the whole council shall
be necessary to elect. |

CHAPTER III.
TOWN COUNCIL—HOW COMPOSED.
13. The council of the town shall be composed of twelve

members. Each ward shall be represented by an equal num-
ber of councilmen qualified to hold office.
14. The town council shall elect annually one of its members
to act as president, and when from any cause he shall be absent,
the council shall elect a president pro tempore. The president
shall have power to call a meeting of the council whenever he
deems it necessary, and in case of his absence, inability or re-
fusal, the council may be convened by the order in writing of
any three members directed to the clerk of the council. The
town council shall at all times have power to fill a vacancy in
the office of president. ,

MEETINGS.

15. The town council shall by ordinance fix time for their
stated meetings, and no business shall be transacted ata special
meeting, but that for which it shall be called.

POWERS.

16. The town council shall have authority to adopt such rules
and appoint such officers, committees or clerks, as they may
deem proper for the regulation of their proceedings, and for
the convenient transaction of business, to compel the attendance
of absent members, to punish its members for disorderly be-
havior, 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 note the
proceedings of the council, and shall record said proceedings
at large on the record book, and keep the same properly in-
dexed. The meetings of the council shall be open to the pub-
lic, except when the public welfare in the opinion of the
council requires secrecy.

QUORUM.

17. A majority of the members of the council shall constitute
a quorum for the transaction of business, but no ordinance
shall be passed, or resolution adopted having for its object the
appropriation of money, except by the concurrence of at least
two-thirds of its members. No vote or question decided at a
stated meeting shall be reconsidered at a special meeting unless
there be at least nine members present, and six of them concur.

FISCAL AND MUNICIPAL AFFAIRS.

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

MARKET.

First. To establish a market or markets in and for said town,
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 or
regrating.

WORK-HOUSES AND POOR-HOUSES.

Second. To erect and provide in or near said town suitable
work-houses, houses of correction and reformation, and houses
for the reception and maintenance of the poor and destitute;
and they shalg possess and exercise authority over all persons
within the limits of the town, receiving or entitled to the benefits
of the poor laws; appoint necessary officers and other persons
proper to be connected with the aforesaid institutions, and
regulate pauperism within the limits of the town; and the
council, through the agency they shall appoint for the direction
and management of the poor of the town, shall exercise the
powers and perform the duties vested by law in overseers of the
poor. |

PRISON AND OTHER BUILDINGS.

Third. To erect, or provide, and keep in order all public build-
ings necessary or proper for said town; to erect within the
town a town prison, and said prison shall contain such apart-
ments as shall be necessarv for the safe-keeping and employ-
ment of all persons confined therein.

WATER AND GAS WORKS.

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

IMPROVEMENT OF STREETS.

Fifth. To close or extend, widen or narrow, lay out, graduate,
curb and pave, and otherwise i improve, streets, side- walks and
public alleys in said town, and have them kept i in good order,
and properly lighted; and over any street or alley in the town
which has been or may be ceded or conveyed to the town by
proper deed, they shall have like power and authority, 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,
side-walk, or alley in said town, and may permit shade trees to
be planted along said street; but no company shall occupy,
with its works or any appurtenances thereof, the streets, side-
walks or alleys of the town 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 town in the prosecution of
their works, unless it be manifest that they, their officers, agents
or servants, are transcending the authority given by this act,
and that the interposition of the court is necessary to prevent
injury that cannot be adequately compensated in damages.

TO CLEAR STREETS AND OBSTRUCTIONS.

Sixth. To prevent the encumbering of streets, side-walks,
alleys, lanes or bridges in the town in any manner whatever.

TO FIX THE GRADE OF RAILROADS THROUGH TOWN.

Seventh. To determine and designate the route and grade of
any railroad to be laid in said town, and to restrain and regulate
the rate of speed of locomotive engines and cars upon the rail-
roads within the said town.

MEASURING AND WEIGHING.

Eighth. To make provisions 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 and barter.

SEALED.

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

SANITARY REGULATIONS.

Tenth. To secure the inhabitants from contagions, infections,
or other dangerous diseases; to establish, erect aud regulate hos-
pitals; to appoint and regulate a board of health for said town,
with authority necessary for the prompt and efficient perform-
ance of its duties.
Eleventh. To require and compel the abatement and removal
of all nuisances within said town, 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 and regulate slaughter
houses, soap and candle factories, within said town, or the ex-
ercise 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 the said town.

DRAINAGE.

Twelfth. If any ground in the said town shall be subject to be
covered with stagnant water, or if the owner or owners, occu-
pier or occupiers thereof shall permit any offensive or unwhole-
some substance to remain or accumulate therein, the council
may cause such grounds to be filled, raised or drained, or may
cause such substance to be covered or to be removed there-
from, and may collect the expense of so doing from the said
owner or owners, occupier or occupiers, or any of them, (ex-
cept in cases where such nuisance is caused by the action of
the town authorities, or their agents, in which case the town
shall pay the expense of abating the same,) by distress and
sale, in the same manner in which taxes levied upon real estate
for the benefit of said town are authorized to be collected: pro-
vided that reasonable notice shall first be given to said owners
or their agents. In the case of non-resident owners who have
no agents in said town, such notice may be given by publica-
tion for not less than four weeks in any newspaper in said
town.

‘COMBUSTIBLES—HOW STORED.

. Thirteenth. 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,
ccamphine, burning-fluid, or other combustible material; to
regulate the exhibition of fire-works, the discharge of fire-
arms, the use of lights and candles in barns, stables and other
buildings, and to restrain the making of bonfires in streets
and yards.

HOGS, DOGS, &C. —

Fourteenth. To prevent hogs, dogs and other animals from
running at large in said town, and may subject the same to such
confiscations, regulations and taxes as they may deem proper.

DRIVING AND TREATMENT.
Fifteenth. To prevent the riding or driving of horses or ani-

mals at an improper speed, throwing stones, or the engaging
in any employment or sport on the streets, sidewalks or public
alleys, dangerous or annoying to passengers, and to prohibit and
punish the abuse or cruel treatment of horses or other animals
in said town. |

Sixteenth. To restrain and punish drunkards, vagrants and
street-beggars; to prevent vice and immorality; to preserve the
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 town, and
to expel therefrom persons guilty of such conduct.

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

TO PROHIBIT VAGRANT, &C. |

Eighteenth. To prevent the coming into the town of persons
having no ostensible means of support, and of persons who may
be dangerous to the peace and safety of the town.

SEAT VACATED.

Nineteenth. Any member of said council being voluntarily
absent from its meetings consecutively for three months, the
seat shall be deemed vacant, unless for cause deemed sufficient
by the council; and the unexpired term shall be filled by the
council.

TO ESTABLISH CEMETERY.

Twentieth. The town council is empowered to hold such
lands as may have been already acquired by the town of Wythe-
ville, to be used as a*place for the burial of the dead, and to
acquire by purchase or otherwise, such additional lands as may
be necessary for that purpose. The said council shall also have
power to prescribe and enforce ali needful rules and regulations,
not inconsistent with the laws of the state, for the use, protec-
tion, preservation and ornamentation of the cemetery; to set
aside, in their discretion, by metes and bounds, and a portion
thereof, for the interment of strangers and the indigent poor; to
divide the remainder into burial lots, and sell or lease the same;
and to execute all proper deeds or other writings in evidence of
such sale or lease, and to prescribe what class and condition of
persons shall be admitted to interment in the cemetery. The
money from such sale or lease of burial lots shall be invested,
used and employed for the use, protection, preservation and
ornamentation of said cemetery. The cemetery, when estab-
lished and enclosed, with the property included in it, shall be
exempt from all state, county and municipal taxation.
Twenty-first. Where, by the provisions of this act, the coun-
cil have authority to pass ordinances upon any subject, they
may prescribe any penalty, not exceeding one 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 town for a term not exceeding ninety days, which
penalties may be prosecuted and recovered, with costs, in the
name of the town of Wytheville, or shall compel them to work
on the streets or other public improvements 1n the said town.
But any person feeling himself aggrieved by any penalty im-
posed on him under this section, may appeal to the county
court of Wythe county, provided such appeal be taken within
thirty days after the imposition of such penalty.

HOW PRIVATE PROPERTY TAKEN FOR PUBLIC USE.

Twenty-second. The town council shall not take or use any
private property for streets or other public purposes 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 Wythe county, in which the land is situated, for authority to
condemn the same, which shall be applied for and proceeded
with according to law.

ENCROACHMENT UPON STREETS.

Twenty-third. In every case where a street in said town 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 occupant of the premises encroaching,) to re-
move 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 same process that they are hereinafter empowered
to collect taxes. No encroachment upon any street, however
long continued, shall constitute any adverse possession to, or
confer any rights upon the persons claiming thereunder as
against the said town.

ASSESSMENT FOR ANY PUBLIC IMPROVEMENT.

Twenty-fourth. Whenever any new street shall be laid out, a
street graded or paved, a culvert built, or any other public im-
provements whatsoever made, the council shall determine what
portion, if any of the expense thereof, shall be paid out of the
town treasury, and what portion by 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 a majority
of the owners of property to be assessed for such improvements,
or unless the entire council shall concur ‘in voting any improve-
ments to be expedient. The council shall have the same power
to collect such local assessments for improvements as are herein-
after vested in them for the collection of taxes.

SALARIES OF OFFICERS.

Twenty-fifth. The town council shall grant and pay to all
town officers, clerk and assistants, elected or appointed in pur-
suance 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.

PROPERTY TO BE TURNED OVER TO SUCCESSOR.

Twenty-sixth. If any person having been an officer of said
town, shall not, within ten days after he shal] have vacated or
been removed from office, and upon notification and request
of the town clerk, or within such time thereafter as the council
shall allow, deliver over to his successor in office, all property,
books and papers belonging to the town or appertaining to
such office, in his possession or under his control, he shall for-
feit and pay to the town 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 town council,
or any superior officer of said town, shall be deemed the prop-
erty of said town and appertaining to said office, and the chief
officer thereof shall be responsible therefor.

CHAPTER IV.
TOWN OFFICERS—COUNCIL TO APPOINT OTHER OFFICERS.

Twenty-seventh. The town 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 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 town by its corporate name, with con-
dition for the faithful discharge of said duties. All officers ap-
pointed by the council may be removed from office at its pleas-
ure. In case of any vacancies occurring in any municipal
office, where it is not herein otherwise provided, the town
council shall elect a qualified person te fill such office during
the unexpired term.
TREASURER.

Twenty-eighth, The treasurer shall qualify before the coun-
cil, and give bond, with surety to be approved by it, in a pen-
alty to be determined by the council, but not less than twenty
thousand dollars in any one year.

HIS BOOKS.

Twenty-ninth. The treasurer shall receive all money belong-
ing to the town. He shall keep his books and accounts in
such manner as the council may prescribe; and such books
and accounts shall always be subject to the inspection of the
mayor, and any member of the council, or any committee
thereof.

HOW MONEY PAID OUT.

Thirtieth. No money shall be paid out by the treasurer ex-
cept upon a warrant of the clerk of the council, countersigned
by the president of the.council; and he shall keep a separate
account of each fund and appropriation, and debits and credits
belonging thereto.

HOW MONEY PAID IN.

Thirty-first. All moneys to be paid into the treasury of the
town, except taxes and such other assessments as the 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:
a 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.

REPORT OF TREASURER.

Thirty-second. The treasurer shall also report to the council
at the end of each fiscal year, and oftener, if required, a full
and detailed account of all the receipts and expenditures, during
the preceding fiscal year, and the state of the treasury. He
shall also keep a register of all warrants, their date, amount,
number, and funds from which paid, and the person to whom
paid, specifying also the time of payment; and all such war-
rants shall be examined, at the time of making such report to
the council, by a committee thereof, who shall examine and
compare the same with the books of the clerk, and report dis-
crepancies, if any, to the council.

TAXES.

Thirty-third. The treasurer shall eeitlest all taxes and assess-
ments which may be levied by said town, and perform such
other duties as may herein be prescribed or ordained by the
council.
SPECIAL TAXES. °

Thirty-fourth. All moneys received on any special assess-
ment shall be held by the treasurer as a special fund, to be ap-
plied to the payment for which the assessment was made, and
said money shall be used for no other purpose whatsoever.

GENERAL DUTIES AND POWERS.

Thirty-fifth. The treasurer may be required to keep all
moneys in his hands belonging to the town, in such place or
places of deposit as the council may provide by ordinance or-
der, establish or direct; such money shall be kept separate and
distinct from his own moneys. And he is hereby expressly
prohibited from using, directly or indirectly, the corporation
money, or warrants in his custody or keeping, for his own use
and benefit, or that of any persons or person whomsoever; and
any violation of this provision shall subject him to immediate
removal from office. In case of his removal, the town council
shall elect a qualified person to fill said office for the unexpired
term. The treasurer shall receive such compensation as is now
provided by common council: provided, he shall not receive an
amount greater than one thousand dollars per annum for his
services in collecting taxes. No person shall be allowed to
qualify a second time as treasurer, unless, and until he shall
have satisfactorily settled his account as treasurer for the pre-
ceding term; and, if such settlement be not made on or before
the regular time for his entering upon the duties of his office
for another term, the office shall be considered vacant, and the
vacancy shall be filled as hereinbefore provided.

TOWN CLERK.

Thirty-sixth. There shall be one town clerk appointed by the
council, who shall hold his office for two years, and until his
successor shall be appointed and qualified, unless sooner re-
moved from office by the council.

HIS DUTIES.

Thirty-seventh. The said clerk shall attend the meetings of
the town 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 provisions of this act or the direction of the coun-
cil, are required to be filed with or kept by him. It shall also
be his duty, immediately after the close of each session of the
council, to make and present to the mayor a transcript of every
ordinance, resolution or order concerning any public improve-
ment, or for the payment of money, and every ordinance, reso-
lution, order and act of legislative character, passed by the
council at such sessions; he shall, in like manner, transmit to
the treasurer a transcript of all ordinances, resolutions or or-
ders, appropriating money, or authorizing the payment of mo-
ney, the issue of bonds or notes; he shall in hke manner give
notice to all parties presenting communications or petitions to
the council of the final action of the council on same; he shall
publish such reports and ordinances as the 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 council may from time to time require of
him.
TOWN SERGEANT.

Thirty-eighth. There shall be appointed by the mayor, within
thirty days. after his qualification, by and with the advice and
consent of the common council, one town, sergeant, who shall,
in all civil cases, have the same powers and duties, and be sub-
ject to the same penalties as are prescribed by law for consta-
bles, and shall perform such other duties as may be prescribed
and ordained by the council, and shall receive such compensa-
tion therefor as the council shall determine.

SALARY—DUTIES.

He shall be collector of delinquent town taxes placed in his
hands by the town treasurer, and for that purpose shall have
all the powers and authority, and be subject to the same lia-
bilities and penalties as are prescribed for collectors, in the col-
lection of state taxes and county levies, and may be proceeded
against in the same manner, so far as applicable and not incon-
sistent with the provisions of this act. He shall pay over to
the treasurer (or into the treasury of the town as may be pre-
scribed by ordinances) weekly, or oftener if he thinks proper,
all moneys which come into his hands for taxes, or otherwise
belonging to the town. He shall report to the council in writ-
ing, at each stated meeting, the amount of all moneys collected
by him for the town, and paid over as herein directed. Before
entering upon the duties of his office as collector of town taxes
and constable, he shall enter into bond with sureties to be ap-
proved by the council, in such sum as the council may direct,
provided the penalty of said bond shall not be less than three
thousand dollars, said bond to be payable to the town of
Wytheville, and conditioned 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.

DEPUTY.

Thirty-nine. The sergeant may, with the approval of the
mayor, appoint a deputy or deputies, who may be removed
from office by the said sergeant, by the mayor, or by the coun-
cil. During the continuance in office of said sergeant, his
deputy or deputies may discharge any of the duties of the
office of sergeant (but not of constable), and the sergeant and
his sureties shall be liable therefor.

CHAPTER V.
GENERAL POWER OF COUNCIL AS TO FINANCES, &C.

Forty. The town council may, in the name of and for the
use of the town, contract loans, or cause to be issued certifi-
cates of debt or bonds: provided no such certificates of debt
or bonds shall be issued except by a two-thirds vote of the
council, endorsed or authorized by a majority of the freehold
voters voting on the question; but such loans, certificates or
bonds shall not be irredeemable for a period greater than thir-
ty-four years: provided, further, that said council shall not
contract said 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, a manufac-
turing establishment, or other purpose, without being first
authorized so to do bya two-thirds majority of the freehold
voters of the town voting, together with a majority of the
votes cast on the question: provided, further, that in no case
shall the aggregate debt of the town at any one time exceed
ten per centum of the assessed value of the property, real and
personal, within the town limits: provided, further, that the
said council shall have power to retire the present debt of the
said town, and for that purpose may issue certificates of debt
or bonds, redeemable in such time as may seem proper to
them. All contracts for the erection of public improvements
within the jurisdiction of the town council shall be let to the
lowest bidder; and notice shall be given at least thirty days
before the work is finally let, by advertisement in one or more
newspapers published in the town, and the party to whom said
contract shall be let, shall give such bond as the council may
require; but in no event shall any contract be let to any mem-
ber of the town council, nor shall any member have any inter-
est in such contract.

SINKING FUND.

Forty-first. 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 any debt, in addition to the annual interest agreed
to be paid thereon, which sum shall be applied and invested
towards the payment of such debt.

POWER TO RAISE TAXES.
Forty-two. For the execution of its powers and duties the

council may raise taxes annually, by assessments in said town,
on all subjects taxable by the state, such sums of money as they
shall deem necessary to defray the expenses of the same, and
in such manner as they shall deem expedient (in accordance
with the laws of the state and of the United states): provided,
that no tax upon real and personal property in said town shall
exceed one dollar upon the one hundred dollars assessed value
thereof: and provided also, that no corporation tax shall be
levied upon machinery, implements and capital invested in the
plant of any manufacturing establishment hereafter erected,
actually in use for manufacturing purposes within the said town,
or the buildings in which said machinery is located, with its
offices, and so forth, for ten years from the date that said manu-
facturing establishment shall begin operations.

TAXES.

Forty-three. The town council may levy a tax on water and
gas; on licenses to agents of insurance companies, whose prin-
cipal office is not located in said town; to auctioneers; to public
theatrical, or other performances or shows; to keepers of bil-
liard tables and ten- -pin alleys; to hawkers and pedlers; to
agents for the renting of real estate; to commission merchants,
and any other business a license may be required upon which
therefor by the state: provided, that the tax levied on any busi-
ness shall not exceed one-half of the amount so levied for state
purposes. ,
LICENSES.

Forty-four. The council may grant or refuse licenses to
owners or keepers of wagons, drays and carts, hacks and other
wheeled carriages, kept or employed in the town for hire, and
may require the owners or keepers of such vehicles, using them
in the town, 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 deem proper, and may prescribe their fees
and compensation.

DISTRESS.

Forty-five. All goods and chattels, wheresoever found, may
be distrained and sold for taxes assessed and due thereon, and
no deed of trust nor mortgage upon goods and chattels shall
prevent the same from being distrained and'sold for taxes as-
sessed against the grantor in such deed.

LIEN FOR TAXES.

Forty-six. There shall be a lien on all goods and chattels,
and real estate, for the town taxes, as assessed thereon, from
the beginning of the year for which they were assessed. The
council may require real estate in the town, delinquent for the
the non-payment of taxes, to be sold for said taxes, with in-
terest thereon at the rate of ten per centum per annum, and
such per centum as the council may prescribe for charges.
Such real estate may be sold, and may be redeemed in the man-
ner provided’ by law.

FIRE DEPARTMENT.

Forty-seven. The town council may organize and maintain
a fire department for the town, and appoint an engineer, as-
sistants and other officers, with any or all the powers which
have been or may be vested by law in such officers; they may
make rules and regulations for the government of the officers
and men of said departments; 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 regulations,
and make such ordinances as they may deem proper to extin-
guish and prevent fires; to prevent property from being stolen;
and to require citizens to render assistance to the fire depart-
ment in case of need.

GENERAL REGULATIONS AS TO FIRE.

Forty-eighth. For the purpose of guarding against the
calamities of fire, the council may, from time to time, designate
such portions and parts of the town, as they may deem proper,
within which buildings of wood may be erected. They may
prohibit the erection of wooden buildings in any portion of the
town without their permission, and shall, on the petition of the
owner or owners of at least one-half of the ground included in
any square of the town, prohibit the erection on said square of
any buildings, or additions to any buildings, unless the outer
walls thereof be made of brick and mortar, or stone and mortar,
and may provide for the removal of any such building or addi-
tion which shall be erected contrary to such prohibition, at the
expense of the builder or owner thereof; and if any such build-
ing shall have been commenced before said petition can be acted
on by the council, or, if any building in the process of erection
appear clearly to be unsafe, the council may cause such build-
ing to be taken down after reasonable notice to the owner. __

SPECIAL ELECTION.

Forty-nine. The said council shall, by ordinance, provide for
any special election not herein provided for, and appoint the
necessary officers to conduct the same. .

EXEMPT FROM COUNTY TAXES.

Fifty. The town of Wytheville, and its inhabitants, shall be
exempt from all assessments for levies in the way of taxes im-
posed by the authorities of Wythe county for any purpose
whatevér, except upon property in said county owned by the
inhabitants of said town.
PRESENT INCUMBENTS-—-HOW LONG TO CONTINUE.

Fifty-one. Unless otherwise specially provided, the persons
holding any of the offices provided for in this charter, or which
have heretofore existed under the charter in force before its
adoption, shall continue to hold their offices under their present
election or appointment, until the terms of said office, as
herein provided, shall expire, dating the commencement of such
term from the time fixed in said former charter; and all ordi-
nances and laws in force immediately before the passage of this
charter, so far as consistent herewith, and all liabilities, action,
claims, contracts and prosecutions arising thereunder, shall re-
main and continue as if this act had not been passed.

PREVIOUS ORDINANCES.

Fifty-two. All ordinances now in force in said town not in-
consistent 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.

CONFLICTING ACTS.

Fifty-three. All acts and parts of acts in conflict with this
act are hereby repealed. |

COMMENCEMENT.

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