Chap. 201.—An ACT to to amend and re-enact section 10 of an
act entitled an act to incorporate the Virginia and Carolina
railroad company, in force February 23, 1882, as amended by an
act approved March 6, 1886, and further amended by an act
approved February 24, 1888.

Approved February 12, 190.

1. Be it enacted by the general assembly of Virginia,
That section ten of an act entitled an act to incorporate
the Virginia and Carolina railroad company, in force Feb-
ruary twenty-third, eighteen hundred and eighty-two, as
amended by an act approved March sixth, eighteen hun-
dred and eighty-six, and further amended by an act
approved February twenty-fourth, eighteen hundred and
eighty-eight, be amended and re-enacted so as to read as
follows :

$10. The said Virginia and Carolina railroad company
shal] commence the work under this bill within two years
and complete the same within three years from the first
of January, eighteev hundred and eighty-eight. But, pro-
vided, that in case there be an order of sale of the pro-
perty and franchise of the said railroad company, in the
suit now pending in the chancery court of the city of
Richmond between the city of Petersburg, plaintiff, and
the said Virginia and Carolina railroad company, and
other defendants, the purchasers at said sale shall, within
twelve months after the final confirmation of said sale and
the turning over to them of the said property and fran-
chises, complete, equip, and put in operation twenty miles
of the said railroad, and shall, within two years after the
final confirmation of sale and turning over of the said
property and franchises, complete, equip, and put in ope-
ration thirty miles, in addition, of the said railroad, and
shall, within three vears after the said final confirmation
of sale and turning over of the said property and
franchises, complete, equip, and put in operation at
least so much of the said railroad as extends from
the North Carolina line to the city of Petersburg;
and provided, further, that a failure to comply with said
‘conditions, or either of them, shall work a forfeiture of
this charter only so far as said company and the pur-
chasers at a certain sale are concerned, which gale it is
understood has been ordered by the court in a pending
suit, and has taken place though the same has not yet
been consummated by delivery of a deed, and by the turn-
Ing over of the property to the purchasers ; but inasmuch
as the legislative purpose has been and is now to preserve
the charter rights upon which the claim of the city of
Petersburg was originally secured by deed of trust for the
security of her claims, it is therefore furtherenacted that for
the security of the claims of the city of Petersburg against
said railroad company, either in the hands of said city or
of any other person to whose hands they may come by
sale, assignment, or transfer from said city, the charter,
rights, and franchises that have been granted in the
premises shall, notwithstanding the limitations of time
imposed upon them by said section ten as amended as
aforesaid, still subsist and remain in force, and are hereby
granted and extended to the purchaser hereinafter de-
scribed and his assigns, so as to be subject only to the
ACTS OF ASSEMBLY

following limitations, to-wit: that the purchaser or his
assigns of the property which may be sold under the
claims of said city at any future sale of the same which
shall take place at the instance of said city, or the assignee
of its said claims, and for its benefit or the benefit of said
assignee, shall, within twelve months after the final con-
summation of such sale, complete, equip, and put in ope-
ration twenty miles of the said railroad between said city
and the state of North Carolina; and shall, within two
years after the consummation of such sale, complete, equip,
and put in operation thirty additional miles of the said rail-
road between said city and the state of North Carolina,
and shall within three years after the consummation of
such sale, complete, equip, and put in operation the whole
of said railroad from the city of Petersburg to the dividing
line between the states of Virginia and North Carolina:
but provided, that in case the said city shall become the
purchaser at the sale herein contemplated, then it shall
be lawful for her to hold the said property and franchises
not subject to the limitations of time hereinbefore imposed,
but subject only to the pleasure and future action of the
general assembly. -
2. This act shall be in force from its passage.

Chap. 202—An ACT to change the name of the town of Good-
son to the city of Bristol and provide a new charter for the same.

Approved February 12, 1890.

1. Be it enacted by the general assembly of Virginia,
That the territory contained in the limits prescribed by
an act approved May tenth, eighteen hundred and eighty-
seven, entitled an act to amend and re-enact the first,
seventh, and ninth sections of an act entitled an act to
amend and re-enact an act entitled an act to incorpo-
rate the town of Goodson, in the county of Washing-
ton, approved June the seventeenth, eighteen hundred and
seventy, be deemed and taken as the city of Bristol, and
the inhabitants of the city of Bristol 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
Bristol, and as such shal] have, exercise, and enjoy all the
rights, immunities, powers and privileges, and be subject
to all the duties and obligations incumbent on and per-
taining to said city as a municipal corporation.

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 Bristol,
andin such other boards and officers as are hereinafter
mentioned or may be provided by the council.

3. The municipal officers of said city shall consist of a
mayor, a treasurer, nine councilmen, a clerk of a court of
hustings or corporation, an attorney for the common-
wealth, a sergeant, a commissioner of the revenue, one
justice of the peace from each ward, and one constable
for the city, and such other officers as may be hereinafter
provided for.

4. The city shall be divided into three wards as follows:
The first ward shall consist of all that portion of the city
lying west of the following line, commencing at the inter-
section of Main and James streets, and running thence
along the middle of James and Johnson streets to the ter-
mination of same, and thence a straight line to the cor-
poration limits on the north. The second ward shall
consist of all that portion of the city lying east of the
first ward and west of the following line: commencing on
Main street at the intersection of Main and Fourth streets
and running thence along the middle of Fourth and Rus-
sell streets to the termination of thé same, and thence a
straight line to the corporation limits on the north. The
third ward shall consist of all that portion of the
city lying east of the second ward. The city council
shall have the power to rearrange and increase but not to
diminish the number of wards of said city.

5. The election of municipal officers mentioned in the
third section of this act, except the attorney for the com-
monwealth, the commissionerof the revenue, the sergeant,
the treasurer and the clerk of the hustings court, shall be
held on the fourth Thursday in May, eighteen hundred
and ninety, and on the fourth Thursday in May, in every
year thereafter. The attorney for the commonwealth, the
sergeant and commissioner of the revenue shall be elected
on the fourth Thursday in May, eighteen hundred and
ninety, and on the fourth Thursday in May every second year
thereafter. The treasurer shall be elected on the fourth
Thursday in May, eighteen hundred and ninety, and on the
fourth Thursday in May every third year thereafter. The
clerk of the court of hustings shall be elected on the fourth
Thursday in May, eighteen hundred and ninety, and on
the fourth Thursday in May every six years thereafter.
Said election shall be conducted under the provisions of
the general election laws of the state. All elections shall
be held at the city court-house of said city, and each quali-
fied voter may vote for three members of the city council
and one justice of the peace from each ward, and such
other city officers to be elected, and the three persons re-
ceiving the highest vote for city councilmen in each ward
shall be declared elected, and the person receiving the
highest vote in each ward for justice of the peace shall be
declared elected, and in all other cases the person receiv-
ing the highest number of votes shall be declared elected.

6. The mayor and all other municipal officers of said
city 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 city shall neglect to take such oath
for thirty days after receiving notice of his election or ap-
pointment, or for the like space of time, neglect to give
such securities, as may be required of him by the council,
he shall be-considered as having declined said office, and
the same shall be declared vacant and such vacancies shall
be filled as prescribed by section five of this chapter or as
hereinafter otherwise provided.

CuHaPTeERr II. ©

Mayor.

7. The mayor shall be elected by the qualified voters of
the city of Bristol for the term of one year. His salary
shall be fixed by the city council, and he shall receive no
other compensation or emoluments whatever except such
fees as allowed by law as a justice of the peace, and his
salary shall not be diminished during his term of office.

8. He shall, by virtue of his office, possess all the juris-
diction and exercise all the powers and authority, both in
criminal and civil cases, of a justice of the peace of said
city, and within Washington county, in addition to the
powers hereby given him by virtue of this act: provided,
however, that in every case tried by the said mayor, arising
either under the general laws of the state or the ordinances
of the city of Bristol, there shall be an appeal of right to
the hustings court of said city whenever the fine and costs
shall amount to a sum in excess of five dollars, the pro-
ceedings upon such appeal to be the same as are provided
for in the case of appeal from a justice of the peace.

9. It shall be his duty to communicate to the city coun-
cil annually, at the beginning of each fiscal year, or
oftener if he shall be required by said council, a general
statement as to the condition of the city in relation to its
government, finances, and improvements, with such recom-
mendations as he may deem proper; and he shall preside
at all meeting of the city council, but shall have no vote
except in case of a tie, when he may give the casting vote.

10. He shall exercise a constant supervision over the
conduct of all subordinate officers, have power and author-
ity to investigate their acts, have access to all books and

a0
documents in their offices, and may examine said officers
and their subordinates on oath. He shall also have power
to suspend or remove such officer for misconduct in office
or neglect of duty, but no such removal shall be made
without reasonabk notice to the officer complained of, and
opportunity be afforded him to be heard in his defense.
On the removal or suspension of such an officer the mayor
shall report the same to the city council at their next
stated meeting for their consideration, but in no case shall
it be final until ratified by a two-thirds vote.

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

12. In case a vacancy shall occur in the office of mayor
the president of the city council shall fill the vacancy for
the unexpired term, and the vacancy thus caused in the
city council shall be filled according to law.

Crapter III.

City Counel.

13. The council of the city shall be composed of nine
members. Each ward shall be represented by an equal
number of councilmen qualified to hold office. They shall
be elected by the popular vote of the city as hereinbefore
provided.

14. The city council shall elect annually one of its mem-
bers to act as president, and when from any cause he and
the mayor shall be absent, the council shall elect a presi-
dent pro tempore. The mayor shall have the power to call
a meeting of the council whenever he deems it necessary,
and in case.of his absence, inability, or refusal, the council
may be convened by the order in writing of three members
of the council, directed to the clerk of the council. °

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

16. The city council shall have the authority to adopt
such rules and appoint such officers, commitiees, or clerks
as they may deem proper for the regulation of their pro-
ceedings, for the convenient transaction of business, to
compel the attendance of absent members, tu punish its
members for disorderly.behavior, and by vote of two-thirds
of the whole council to expel a member for malfeasance of
or misfeasance in office. They shall keep a minute book
in which their clerk shall note the proceedings of the coun-
cil and shall record said proceedings at large on the record
book and keep the same properly indexed.. The meetings
of the council shall be open to the public.
17. A majority of the members of the council shall con-
stitute 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 con-
currence of at least two-thirds of the whole council. No
vote or question decided at a stated meeting shall be re-
considered at a special meeting unless there be at least
seven members present, and five of them concur.

18. The city council shall have, subject to the provision
of this act, the control and management of the fiscal and
municipal affairs of the city, and of all property, real and
personal, belonging to said city, and may make such or-
dinances 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:

First. To establish a market or markets in and for said.
city, and appoint proper officers therefor; prescribe the
times and places for holding the same; provide suitable
buildings and grounds therefor, and to enforce such regu-
lations as shall be necessary and proper to prevent hucks-
tering, forestalling, or regrating.

Second. To erect and provide in or near said city suitable
workhouses, 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 within the limits of the city receiving or
entitled to the benefit of the poorlaws; appoint necessary
officers and other persons proper to be connected with the
aforesaid institutions, and regulate pauperism within the
limits of the city, and the council, through the agency they
shall appoint for the direction and management of the
poor of the city, shall exercise the powers and perform the
duties vested by law in the overseers of the poor.

Third. To erect and keep in order all public buildings
necessary and proper for said city; to erect within the city
a city prison. and said prison shall contain such apart-
ments as shall be necessary for the safe keeping of all per-
sons confined therein.

Fourth. To establish or enlarge water works and gas
works and electric light plants 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 connected
therewith, or any of the fixtures or appurtenances thereof,
and shall have the power to protect from injury, by ordi-
nance prescribing adequate penalties, the said works, pipes,
fixtures, polls, and lands, or anything connected there-
with, whether within or without the limits of said city.
Fifth. To close or extend, widen or narrow, lay out,
graduate, curb, or pave, and otherwise improve the streets,
sidewalks and public alleys in said 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 con-
veyed to the city by proper deed, they shall have like pow-
er and authority as over qther streets and alleys. They may
build bridges in and culverts under said streets or alleys,
and may prevent or remove any structure, obstruction or
encroachment over or under or in any street, sidewalk, or
alley in said city, and may permit shade-trees to be plant-
ed along said streets. But no company shall occupy with
its works or any appurtenances thereof the streets, side-
walks, or alleys of the city without the consent of two-
thirds of the whole council, duly entered upon its record.
In the meantime, no order shall he made, and no injunc-
tion 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 compensated in
damages.

Sixth. To prevent the cumbering of streets, sidewalks,
alleys, lanes, or bridges in the city in any manner what-

_ ever.

,

e

Seventh. To determine and designate the route and
grade of any railroad to be laid in snid city, and to restrain
and regulate the rate of speed of locomotive engines and
cars upon the railroads within said city.

Eighth. To make provisions for and regulate the weigh-
ing of hay, fodder, oats, shucks, or other long forage.
They may also provide for measuring corn, oats, grain, coal,
stone, wood, lumber, boards, potatoes, and other articles
for sale and barter.

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 he sealed by the city sealer, to be subject
to his inspection; and may impose penalties for any vi10-
lation of any such ordinance.

Tenth. To secure the inhabitants from contagious, in-

_ fectious, or other dangerous diseases; to establish, erect,

and regulate hospitals; provide for and énforce the remo-
val of patients to said hospitals; to appoint and organize
a board of health for said city, with the authority neces-
sary for the prompt and efficient performance of its duties.

Eleventh. To require and compel the abatement and

_ removal of all nuisances within said city at the expense

of the person or persons causing the saie, 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 city, or the exercise of any danger-
ous, offensive, or unhealthy business, trade, or employ-
ment therein; and to regulate the transportation of coal
and other articles through the streets of said city.

Twelfth. If any ground in said city shall be subject to
be covered with stagnant water, or if the owner or owners,
occupier or occupiers thereof, shall permit any offensive
or unwholesome substance to remain or accumulate there-
in, the council may cause such grounds to be filled, 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, except in cases where such nuisance is
caused by the action of the city authorities or their
agents, in which case the city shall ‘pay the expenses of
abating the same by distress and sale in the same man-
ner in which taxes levied upon real estate for the benefit
of said city are authorized to be collected: provided, that
reasonable notice shall be first given to said owners or
their agents. In case of non-residence owners, who have
no agent in said city, such notice‘may be given by publi-
cation for not less than four weeks in any newspaper in
said city.

Thirteenth. To direct the location of all buildings for
storing gunpowder and other combustible substances, and
to regulate the sale and use of gunpowder, fire-crackers or
fire-works, manufactured or prepared therefrom, kerosene
oil, nitro-glycerine, camphene, burning fluid, or other com-
bustible 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 re-
strain from making bon-fires in streets and yards.

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

Fifteenth. To prevent the riding or driving of horses or
animals at an improper speed, throwing stones, or the en-
gaging in any employment of sport on the streets, side-
walks or public alleys dangerous or annoying to passen-
gers; and to prohibit and punish the abuse or cruel treat-
ment to horses or other animals in said city.

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
quel]! riots, disturbances and disorderly assemblages; to
suppress houses of il] fame; to prevent and punish lewd,
indecent and disorderly conduct or exhibitions; to expel
therefrom persons guilty of such conduct, who have not
resided therein as much as one year, and to suppress
gambling houses and gambling of any kind, and to pre-
scribe such penalties and punishment to be imposed upon
any person or persons who shall engage in gambling of
any kind without regard to the character of the place
where such gambjing is done or the amount lost or won
by such person or persons.

Seventeenth. To prevent, forbid and punish the selling
or giving liquors or intoxicating drinks to be drunk in
any. public place not duly licensed, and the selling or
giving to be drunk any intoxicating liquors to any child
or minor without the consent in writing of his or her
parents or guardian, and for any violation of any such
ordinance, may impoge fines in addition to those pre-
scribed by the laws of the state.

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

19. Any member of said council being voluntarily
absent from its meetings consecutively for two months
the seat shall be deemed vacant, and the unexpired term
shall be filled according to law.

20. The city council is empowered te hold such lands
as may have been already acquired by the town of Good-
son to be used as a place for the burial of the dead, and
to acquire by purchase or otherwise such additional land
as may be necessary for that purpose. Said council shall
also have power to prescribe-and enforce all needful rules
and regulations not inconsistent with the laws of the
state, for the use, protection, preservation, or ornamenta-
tion of the cemetery; to set aside in their discretion, by
metes and bounds, a portion thereof for the interment of
strangers and the indigent poor; to divide the remainder
into burial lots, 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 per-
sons shall be admitted to interment in the cemetery. The
money of such sale or lease of burial lots shall be invested,
used, and employed for the useg protection, preservation,
and ornamentation of said cemetery. The cemetery,
when established and enclosed with the property included
in it, shall be exempt from all state, county, and munici-
pal taxation.

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 three hundred dollars
for a violation thereof, and may provide that, the offender,
on failing to pay the penalty imposed, shall be imprisoned
in the jail or prison of the city for a term not exceeding
ninety days, which penalties may be prosecuted and recov-
ered, with costs, in the name of the city of Bristol, or
shall compel them to work on the streets or other public
improvements in said town.

22. 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 occupant 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 cause the encroach-
ment to be removed, and collect from the owner all rea-
sonable 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 city.

23. Whenever any street, alley, or lane in said city shall
have been open to and used as such by the public for a
period of three 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
streets, alleys, and lanes laid out by them, and any street
or alleys reserved in the divisions or sub-divisions, into
lots of any portions of the territory within the corporate
limits of said city by plan or plant of record, shall be
deemed and held to be dedicated to the public use, unless
it appears by said record that the street or alley so re-
served is designed for private use. But upon a petition
of the majority of the persons interested therein the coun-
cil shall have power to open the same for the use of the
public. \

24. The council shall have power and authority when-
ever they deem it expedient to establish new streets, to
extend and alter any street that has been, or may hereaf-
ter he established; to have the sidewalks and gutters
along any street within said city such width as they may
prescribe properly paved or otherwise improved, repaired,
and altered at the proper cost and expense of the owner
of the lands or lots along the fronts or sides of which such
sidewalks or improvements may extend, and to levy and
collect such local assessments on each of such lots or
pieces of lands as may be necessary to pay for said im-
provements. Said assessments to be collected in the same
manner as other taxes are collected.

25. The city council shall grant and pay to all city offi-
cers, clerk, and assistants, elected or appointed in pursu-
ance to this act, such salaries or compensations as the
said council may from time to time deem just and proper,
or shall be fixed by this act.

26. 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 ap-
pertaining to such office in his possession or under his con-
trol, he shall forfeit and pay to the said 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 ordi-
nance or order of the city council, or any superior officer of
said city, shall be deemed the property of said city and
appertaining to said office, and the chief officer thereof
shall be responsible therefor.

CHAPTER IV.

City officers.

27. There shall be one city treasurer, one clerk of the
court of hustings, one attorney for the commonwealth, one
sergeant, one commissioner of the revenue, one justice of
the peace for each ward, and one constable for the city.

28. The city council may appoint, in addition to those
herein provided for, such officers, policemen, and clerks
as they may deem proper and necessary, and define their
powers, and prescribe their duties, and fix their compen-
sation; 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 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 its pleasure. In case of any
vacancies occurring in, any municipal office, where if is
not herein otherwise provided, the city council shall elect
a, qualified person to fill such office during the unexpired
term. .

29. There shall be elected by the qualified voters of the
city of Bristol, on the fourth Thursday in May, eighteen
hundred and ninety, and in every third year thereafter,

,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
council, but not less than ten thousand dollars in any one
year.
30. The said treasurer shall receive all money belonging
to the city. He shall keep his books and accounts in such
manner as the city council may prescribe; and such books
and accounts shall always be subject to the inspection of
the mayor and any member of the city council or any com-
mittee thereof.

31. No money shall be paid out by the treasurer except
upen a warrant of the clerk of the council, countersigned
by the mayor; and he shal) keep a separate account of
each fund and appropriation, and the debits and credits be-
longing thereto.

32. All moneys to be paid into the treasurer of thecity,
except taxes and such other assessments as the city council
may 8o ordain, shall be paid by the person liable to pay the
same, or his agent, to the treasurer in the following man-
ner. 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 shal! give a receipt for the same, which shal]! be carried
to the clerk, and his receipt therefor shall be the acquit-
tance of the party making the payment.

33. The treasurer shall also report to the city council at
the end of each fiscal year, and oftener if required, a full
and detailed account of all receipts and expenditures dur-
ing the preceding fiscal year and the state of the treasury.
He shall also keep a register of all warrants, their date,
amount, number and 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 committee thereof,
who shall examine and compare the same with the books of
the clerk, and report discrepancies, if any, to the council.

34. ‘I'he treasurer shall collect all taxes and assessments
which may be levied by said city, and perform such other
duties as may herein be prescribed or ordained by the city
council.

85. All moneys teceived on any special assessment shall
be held by the fecasurer 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.

36. The treasurer may be required to keep all moneys
in his hands belonging to the city in such place or places
of deposit in the city of Bristol 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 directly or indirectly the corporation money or war-
rants in his custody, or keeping for his own use and benefit,

40
or that of any person or persons whomsoever; and any
violation of this provision shall subject him to immediate
removal 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 qualified voters of said city, as in other
éases, fill such vacancy by an election of a successor, who
shall hold his office for the remainder, if any, of the unex-
pired term of the officer removed. The treasurer shall
receive such compensation as is provided by law in the
case of the county treasurer: provided, he shall not re-
ceive an amount greater than two thousand dollars per
annum for his service in collecting both: state and city
taxes. No person shall be allowed to qualify a second
time as treasurer unless and until he shall have satisfac-
torily settled his accounts as treasurer for the preceding
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 va-
cant, and the vacancy shall be filled as hereinbefore pro-
vided.

37. There shall be one city clerk appointed by the city
council who shall! hold his office for one year and until
his successor shall be appointed and qualified, unless
sooner removed from office by the city council.

38. 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 provisions of this act, or the
direction of the city cquncil, 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 city council, to make
and present to the mayor a transcript of every ordinance,
resolution or order concerning any public improvement, or
for the payment of money, and every ordinance, resolu-
tion, order, and act of 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
communications or petitions to the city council of the
final action of the council on such communication or
petition. 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.

39. There shall be elected by the qualified voters of the
city, on the fourth Thursday in May, eighteen hundred
and ninety, and every sixth year thereafter, one clerk for
the court of hustings for the city of Bristol, who shall
serve for the period of six years, and until his successor
be elected and qualified. He shall receive in compensa-
tion for his services the fees and emoluments allowed by
law to clerks, and such allowance as the city council may
from time to time deem just and proper. He shall be
eligible to election as clerk of the city council.

40. There shall be elected by the qualified voters of the.
city, on the fourth Thursday in May next, and on the_
fourth Thursday 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 Bristol. He
shall hold his office for a term of two years, and until-his
successor be elected and qualified, unless sooner removed,
and shall receive such compensation for his services as
may be prescribed by law, and such salary as may be fixed
by the city council. He shall be eligible for election as
city attorney.

41. There shall be elected by the qualified voters of the ,
city of Bristol, on the fourth “Thursday i in May next, and
on the fourth Thursday i in May in every second year there-
after, one commissioner of revenue, who shall hold his
office for the period of two years, and until his successor
be elected and qualified, unless sooner removed from office.
He shall give bond with sureties in such amount as the
council may determine, said bond to be approved by the
city council, entered on their record, and filed in the office
of the city clerk. In case a vacancy shall occur in the
office of commissioner of the revenue, 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 vacancy shall be filled by election for the unexpired
term.

42. The said commissioner of the revenue 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 mem-
bers of the city council, or any committee thereof, and of
the collector of city taxes.

43. To aid the commissioner of the revenue in his duties
the clerk of the court of hustings for the city of Bristol,
as required, shall deliver to him such lists as mentioned
in section four hundred and thirty-nine of the code of
eighteen hundred and eighty-seven, 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.

44. There shall be elected by the qualified voters of the
city of Bristol, on the fourth Thursday in May next, and
on the fourth Thursday in May in every second year there-
after, one city sergeant, who shall attend the terms of the
court of hustings for said city and act as the officer
thereof, and shall perform such other duties as may be
prescribed and ordained by the city council, and shal]
recelve such compensation therefor as the council shall
determine. He shall be collector of delinquent city taxes,
placed in his hayds 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 pre-
scribed for tax collector in the collection of state taxes
and county levies, and may be proceeded against in the
same manner, so far as applicable and consistent with the
provisions of this act. He shall pay over to the treasurer,
or in the treasury of the city as may be prescribed by ordi-
nance, weekly or oftener, if he thinks proper, all moneys
which come into his hands for taxes or otherwise belong-
ing to the said city. Heshall report to the council in writ-
ing at each stated meeting the amount of all moneys col-
lected 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
approved by the council in such sum as the council may
direct; said bond to be payable to the city of Bristol, and
conditioned for the faithfui 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.

45. The sergeant may, with the approval of the court of
hustings forthe city, appoint a deputy or deputies, who may
be removed from office by the said sergeant or by the cor-
poration court. During the continuance in office of said
sergeant 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.

46. There shall be elected by the qualified voters of the
city of Bristol, on the fourth Thursday in May next, and
on the fourth Thursday in May every year thereafter, one
constable for said city, who shall hold his office for the
term of one year, and until his successor be appointed and
qualified, unless sooner removed from office. Said consta-
ble shall keep his office in such convenient place in the
city as may be designated by the city council, and shall
receive such compensation for his services as is allowed by
law. He shall have the same powers and duties and be
subjected to the same penalties as are prescribed by law for
other constables, and shall perform such duties as the city
council may ordain.

47. There shal} be elected by the qualified voters of the.
city, on the fourth Thursday in May next, and on the fourth |
Thursday in May every year thereafter, one justice of the
peace for each ward of said city, who shall be residents of
their respective wards and shall hold office for the term of
one year and until their successors be elected and qualifi-
ed, unless sooner removed from office. The said justices
of the peace shall be conservators of the peace within the
limits of the corporation of Bristol, and shall have the
same power and duties within said limits and receive for
their services such fees as are provided by law in respect
to justices of the peace in counties of this state in their re-
spective counties.

CHAPTER V.

Finances.

48. The city council may in the name of and for the
use of the city contract loans or cause to be issued certifi-
cates of debt or bonds: provided, no such certificate of
debt or bonds shall be issued except by a two-thirds vote
of the council, but such loans, certificates, or bonds shall
not be irredeemable for a period greater than thirty-
four years: provided, further, that the council of said city
may, upon the application of the president of any com-
pany incorporated by the general assembly for a work of
internal improvement or other purpose, submit to the
qualified voters of said city in the manner now prescribed
by law the question of subscribing to the capital stock of
such company such an amount not exceeding fifty thou-
sand dollars to any one company, and upon such terms
and conditions as may be stated in the order of the coun-
cil submitting the question. Said city of Bristol is author-
ized to subscribe to the capital stock of such company any
amount not exceeding fifty thousand dollars to any one
company, and upon such terms and conditions as may be
stated in the order of said council as aforesaid, and if the
requisite number of votes as provided in chapter fifty-one of
the code of Virginia be cast in favor of the subscription,
then it shall be the duty of said council to make said sub-
scription upon the terms and conditions stated in its
order, and to levy and collect such an amount of taxes
per annum as may be necessary to pay the interest and
provide a sinking fund on the bonds of the city which
may be issued for the purpose of paying such subscrip-
tion. All contracts for erection of public improvements
within the jurisdiction of the city council shall be let to
the lowest bidder, and notices shall be given at least thirty
days before the work is finally let by advertising in one
or more newspapers published in the city, 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 con-
tract be let to any member of the city council, nor shall
any member have any interest in such contract.

49. Whenever hereafter there shall be contracted by the
council any debt not payable within one year thereafter,
there shall be set apart annnally for thirty-four years, or
until the debt 1s paid, a sum not less than one per centum
of the amount of any debt in addition to the annual inte-
rest agreed to be paid thereon, which sum shall be applied
and invested towards the payment of such debt.

50. For the execution of its powers and duties the city
council may levy and raise taxes annually by assessments
in said city on all real and personal property within the
limits of said city, and on all other subjects taxable by
the state, such sums of money as they shall deem neces-
sary to defray the expenses of the same, and in such man-
ner as they shall deem expedient: provided, that no tax
levied by the city upon any real or personal property in
said city shall exceed one dollar and fifty cents upon the
one hundred dollars assessed value thereof: and provided,
also, that the city council shall have power, by a two-third
vote, to exempt from city taxation any manufacturing
establishment for a period not exceeding five years.

51. The city council may levy a tax on water and gas,
on license to agents of insurance companies whose princi-
pal office is not located in said city, to auctioneers, to pub-
lic theatrical or other performances or shows, to keepers
of billiard tables and ten-pin alleys, to hawkers and ped-
lers, to agents for renting of real estate, to commission
merchants, and any other business whether a license may
be required therefor by the state or not.

52. 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.

538. The council may grant or refuse license to owners
or keepers of wagons, drays, carts, hacks, and other
wheeled carriages 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 com-
pensation. ‘

54. All goods and chattels wheresoever found may be
distrained and sold for taxes assessed and due thereon,
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.
55. 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-payments of
taxes to be sold for said taxes, with interest thereon at
the rate of ten per centum, 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.

56. The city council may organize and maintain a fire de-
partment for the city, and appoint an engineer, assistants
and other officers, with any or all the powers which have
been or may be vested by law in such officers, and they
may make rules and regulations for the government
of the officers and men of said department; may pre-
scribe 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 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 depart-
ment in case of need.

57. 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 within which buildings of wood may be erected.
They may prohibit 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-half of the ground included in any one square of the
city, prohibit their erection on said square of any build-
ings, or addition to any building, 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 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 the process of
erection appears clearly to be, unsafe the council may
cause such building to be taken down after reasonable
notice to the owner.

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

59. The city of Bristol and its inhabitants shall be
exempt from all assessments for levies in the way of taxes
imposed by the authorities of Washington county for any
purpose whatever, except upon property in said county
owned by the inhabitants of said city, nor shall such’
inhabitants be liable to serve upon juries in said county.
60. The corporation court, or the judge thereof in vaca-
tion, shall on or before the first day of April, eighteen
hundred and ninety, appoint three persons from different
sections of the city as land assessors for said city for
the year eighteen hundred and ninety, whose duties,
powers, and compensation shall be the same as provided
in chapter twenty-three of the code of Virginia, eighteen
hundred and eighty-seven, and who, upon their appoint-
ment, shall immediately proceed to perform their duties
under said chapter.

61. Any qualified voter of the city of Bristol shall be
entitled to vote in the election of any county officer for the
county of Washington, and shall be eligible for election
or appointment to any county office in the county of
Washington.

62. Hereafter, and until otherwise provided, in all
national, state, and county elections, thé qualified voters
of what has heretofore been known as Goodson precinct,
in Goodson magisterial district, but hereafter to be known
as Bristol precinct, shall continue to vote at said Bristol
precinct.

63. At any time hereafter, and on petition of one hun-
dred and fifty persons entitled to register and vote in said
city, addressed to the judge of the corporation court in
term time or in vacation, praying for an election upon the
question of license or no license fot the sale of intoxi-
cating liquors in said city, the said judge shall order an
election upon said question as provided in chapter twenty-
five of the code of Virginia, eighteen hundred and eighty-
seven,

64. There shall be a new registration of the voters of
the city of Bristol to be made at such time prior to May
the first, eighteen hundred and ninety, as may he deter-
mined by the council of the said city, notice of the time
and place for such registration to be given for such length
of time and in such manner as the said council may
direct. The registrar of said city shall sit for five days at
the place designated for such new registration, and shall,
within five days after completing said registration, cause
to be posted at the front door of the court-house of said
city written or printed lists of all persons admitted by
him to registration. In all respects, except as herein
provided, the duties of such registrar shall be as pre-
scribed by the general laws of the state. The registration
made under this act shall have the same force and virtue
as though made under the said general registration laws;
shall be revised, altered, added to, and amended in the
mode prescribed by the general laws, and shall take the
place of all registration of voters heretofore made in and
for the town of Goodson. The secretary of the common-
wealth shall furnish the clerk of the city council with so
many registration books as may be necessary to carry out
the provisions of this act. S. M. Campbell, J. H. Wins-
ton, junior, and J. 8. Good shall be, and are hereby, con-
stituted the city electora] board, who shall at some date
prior to April the first, eighteen hundred and ninety,
appoint a registrar for the city of Bristol, and said regis-
trar shall qualify as prescribed by general laws; shall
make said new registration for said city; shall perform
the duties and receive the compensation prescribed by
the yeneral laws affectiug registration, and hold his office
for the-term fixed by said general laws; and the said elec-
toral board shall appoint, prior to the first of May, eigh-
teen hundred and ninety, three competent citizens, being
qualified voters, as judges of election for the city of Bris-
tol, who shall hold their office for the term prescribed by
law.

65. The said city of Bristol shall be and remain a part
and parcel of the same legislative and senatorial district
to which it belonged as the town of Goodson.

66. The present mayor and council and other officers of
the town of Goodson shall continue to hold office and per-
form the duties of their respective offices for the city of
Bristol until their successors be elected or appointed and
qualified as herein or elsewhere provided by law; and all
liabilities, actions, claims, contracts, and prosecutions
heretofore arising under the charter and ordinances of the
town of Goodson, shall remain and continue as if this act
had not been passed. :

67. All ordinances now in force in the town of Good-
son not inconsistent with this act shall be and remain
in force until altered, amended, or repealed by the coun-
cil of said city.

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

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