CHAP. 75.—An ACT to provide a charter for the town of Buena
Vista, in the county of Rockbridge.

Approved January 24, 1890.

1. Be it enacted by the general assembly of Virginia,
That the territory contained within the following limits,
namely: Beginning at a point on the north bank of the
North river ; thence north of the centre line of the Richmond
and Alleghany railroad ; thence eastward with the same 81x
hundred and sixty feet to the line between the land of the
Buena Vista company and John T. Dunlop, and with their
lines to the inter-section with the west line of Aspen
avenue; thence with the lines of Aspen avenue and Forty-
first street to Juniper avenue; thence with Juniper avenue
to Thirty-sixth street; thence to Woodbine avenue with
Thirty-sixth street; thence with Woodbine avenue to
Thirty-second street; thence a straight line to the inter-
section of Birch avenue and Twenty-eighth street; thence
with Birch avenue to Hill street; thence with Hill street
to Maple avenue; thence with Maple avenue to Twenty-
sixth street; thence with Twenty-sixth street to Birch
avenue; thence with Birch avenue to Twenty-fifth street ;
thence with Twenty-fifth street to Hawthorn avenue;
thence with Hawthorn avenue to Twenty-seventh street;
thence with Twenty-seventh street to Holly avenue;
thence with Holly avenue to Twenty-sixth stréet; thence
with Twenty-sixth street to Ash avenue; thence with Ash
avenue to Twenty-fourth street; thence with Twenty-
fourth street to Hickory avenue; thence with Hickory
avenue to Twentieth street; thence south thirty-seven
degrees and twelve minutes west to the northeast corner
of Pine avenue and Eleventh street; thence a straight line
to the corner of Hazel avenue and First street; thence
with First street to the line of John E. Laird; thence with
the line of said Laird to the line of the lands of the Loch
Laird land and improvement company; thence with the
lines of said Laird and said company and the extension of
the same to the west bank of North river; thence with the
extreme west bank of said river and up the same to a point
opposite the beginning, and thence crossing the said
river to the beginning; all of said lands being in the
county of Rockbridge. Wherever in the above descrip-
tion a street or avenue is mentioned as a boundary line,
the outside line of such street or avenue shall be taken
and held to be such boundary line; and the streets and
avenues referred to are located on a plat of sub-division
of the lands of the Buena Vista company, which plat is of
record in the county court clerk’s office of said county, be
deemed and taken as the town of Buena Vista, and the
inhabitants of the town of Buena Vista, for all purposes
for which towns are incorporated in this commonwealth,
shall be a body politic, in fact and'in name, under the
style and denomination of the town of Buena Vista, and
as such shall have, exercise, and enjoy all the rights, im-
munities, powers, and privileges and be subject to all the
duties and obligations incumbent upon and pertaining to
said town as a municipal corporation.

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
Buena Vista, and in such other boards and officers as are
hereinafter mentioned or may be provided by the council.
3. The municipal officers of said town shall consist of a
mayor, a treasurer, eight councilmen, a clerk of the council,
a sergeant, a commissioner of the revenue, and one justice
of the peace.

4. The following named persons are hereby appointed to
fill the following offices until the first day of July, eighteen
hundred and ninety-one an@ until their successors are duly
elected and qualified, namely: J. W. Blackburn, mayor;
J. F. Stratton, sergeant; John T. McKee, justice of the
peace ; and councilmen as follows: G. D. Merriwether, C.
F. Jordan, W. N. Seay, R.S. McCluer, B. C. Moomaw, W. R.
Woodson, W. H. Wolfe, and W. A. Price. Said persons
are to take the oaths of office and enter upon the discharge
of the duties of their respective offices as soon as practi-
cable after the passage of this act; and they are hereby
clothed with all the powers and shall be subject to all] the
provisions appertaining to their respective offices herein
prescribed.

5. An election of the municipal officers mentioned in the
third section of this act, except the treasurer, clerk of the
council and commissioner of the revenue, shall be held
on the fourth Thursday in May, eighteen hundred and
ninety-one, and on the fourth Thursday in May in every
second year thereafter. The treasurer, clerk of the council,
and commissioner of the revenue shall be appointed by
the council, and shall hold office during the term of office
of said council and until their successors are duly
appointed and qualified; 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
having the highest number of votes shal] be declared
elected.

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
before the day on which he is to enter upon the discharge
of the duties of his office, or shall for twenty days after
the beginning of his term of office fail to give such securi-
ties 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 vacancy shall be filled
as prescribed in section thirty of this act.

CHaPtTer II.—Mayor.

7. The mayor shall be elected by the qualified voters of
the town of Buena Vista for the term of two years: bis
salary shall be fixed by the council of said town, and he
shall receive no other compensation or emoluments what-
ever, and his salary shall not be diminished during his
term of office.

8. He shall, by virtue of his office, preside over the
meetings of the council, voting only in case of a tie, and
possess all the jurisdiction and exercise all the power and
authority in criminal cases of a justice of the peace of
said town, in addition to the powers given him by virtue of
this act; but he shall receive no fees for his services as
such justice of the peace.

9. It shall be his duty to communicate to the town
council annually, at the beginning of each fiscal year, or
oftener, if he shall be required by said council, a general
statement of the condition of the town in relation to its
government, finances and improvements, with such recom-
mendations as he may deem proper.

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
documents in their offices, and may examine said officers
and their subordinates on oath. He shall have power to
suspend or remove such officers for misconduct in office or
neglect of duty, but no such removal shall be made with-
out reasonable notice to the officer complained of, and an
opportunity be afforded him to be heard in his defense.
Qn the removal or suspension of such 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 three-fourths of the whole
council.

11. In case of the absence of or inability of the mayor,
the president pro tempore of the council, to be chosen by
a majority vote.of the council present at a legal meeting,
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 same shall be filled in the manner hereinafter pro-
vided in section thirty of this act.

13. The mayoror any three members of the council may
cal] a meeting of the council.

CHAPTER III.—Town Council.

14. The council of the town shall be composed of eight
members. They shall be elected by the popular vote of
the qualified voters of the town.

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

t6. The town council shall have authority to appoint
policemen, and to adopt such rules and appoint such
officers and committees as they may deem proper for the
regulations of their proceedings, and for the convenient
transaction of business; to compel the attendance of
absent members, to punish its members for disorderly
behavior, and by a vote of three-fourths of the whole
council to expel a member for malfeasance of or mis-
feasance 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 indexed. The meetings
of the council shall be open to the public, except when
the public welfare shall require secrecy.

17. A majority of the members of the council, or four
of them, and the mayor, shall constitute a quorum for the
transaction of business; but no ordinance shall be passed
or resolution adopted having for its object the appropria-
tion of money except by the concurrence of at least five
members. No vote or question decided at a stated meet-
ing shall be reconsidered at a special meeting unlees
there be at least six members present, and five of them
concur.

18. The town council shall have, subject to the provi-
sions of this act, the contro] and management of the fiscal
and municipal affairs of the town, and of all property,
real and personal, belonging 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 proper and necessary to carry out the fol-
lowing powers which are hereby vested in them:

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 enforce such regula-
tions as shall be necessary and proper to prevent huck-
stering, forestalling, or regrading.

Second. To erect and keep in order all public buildings
necessary and proper for said town; to erect within the
town a town prison, and said prison shall contain such
apartments as shall be necessary for the safe keeping of
all persons confined therein, and to establish a chain-gang
and require offenders to work therein.

Third. To establish water works and gas works within
or without the limits of the town; fo 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 fix-
tures or appurtenances thereof; and shall have the power
to protect from injury by ordinance, prescribing adequate
penalties, the said works, pipes, fixtures and, land, or
anything connected therewith, whether within or without
the limits of said town.

Fourth. To open, close, or extend, widen or narrow, lay
out, graduate, curb and pave, and otherwise improve
streets, sidewalks, and public alleys in said town, and
have them kept in good order and properly lighted; and
over any street or alley in the town which 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, sidewalk, or
alley in said town, and may permit shade trees to be
planted along said streets; but no company shall occupy
with its works or any appurtenances thereof the streets,
sidewalks, or alleys of the town, without the consent of
the council, duly entered upon its record. In the mean-
time, no order shall be made and no injunction shall be
awarded by any court or judge to stay proceedings of the
town council in the prosecution of their work, 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 dam-

es.

Fifth. To prevent the cumbering of streets, sidewalks,
alleys, lanes, or bridges in the town in any manner what-
ever.

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

Seventh. 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, lumber, boards, potatoes, and other arti-
cles for sale or barter.

Eighth. To secure the inhabitants from contagious,
infectious, or other dangerous diseases; to establish, erect,
and regulate hospitals; to provide for and enforce the
removal of patients to said hospitals; to appoint and
organize a board of health for said town, with the autho-
rity necessary for the prompt and efficient performance of
its duties.

Ninth. To require and compel the abatement and removal
of al] nuisances within said town at the expense of the per-
son 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 with-
in said town, or the exercise of any dangerous, offensive,
or unhealthy business, trade, or employment therein, and
to regulate the transportation of coal and other articles
through the streets of said town.

Tenth. If any ground in said town 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 thereon,
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 occu-
piers, or any of them (except 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 man-_
ner in which taxes levied upon real estate for the benefit
of said town are authorized to be collected: provided that
reasonable notice shall be first given to said owners or
their agents. In case of non-resident owners, who have no
agents in said town, such notice shall be given by publi-
cation for not less than four weeks in any newspaper pub-
lished in said town.

Eleventh. To direct the location of al! buildings for
the storage of gunpowder and other combustible substances
and to regulate the sale and use of gunpowder, fire crack-
ers, or fire works manufactured therefrom, kerosene oil,
nitro-glycerine, camphene, burning fluid, or ‘other combus-
tible material; to regulate the exhibition of fire works, the
discharge of fire arms, the use of lights or candles in
barns and stables, and other buildings, and to restrain the
making of bon-fires in streets and yards.

Twelfth. To prevent hogs, dogs and other animals from

running at large in said town, and may subject the same
to such confiscation, regulations, and taxes as they may
deem proper.

Thirteenth. To prevent the riding or driving of horses
or other animals at an improper speed, throwing stones or
engaging in any employment. or 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 of horses or other animals in said town.

Fourteenth. Torestrain 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, disturbances and disorderly assemblages; to
suppress houses of ill fame and gambling houses; to pre-
vent and punish lewed, indecent and disorderly conduct
or exhibitions in said town, and toexpel therefrom persons
guilty of such conduct who have not resided therein aa
much as one year.

Fifteenth. To prevent the coming into town of persons
having no ostensible means of support and of persons
who may be dangerous to the peace and safety of the town.
19. Any member of said council being voluntarily ab-
sent from its meetings consecutively for three months, the
seat shall be deemed vacant and the unexpired term shall
be filled according to law.

20. The town council is empowered to acquire lands to
be used as a place for the burial of the dead. The said
council shall also have power to prescribe and enforce al]
needful rules and regulations not inconsistent with the
laws of the state for the use, protection, and ornamenta-
tion of the cemetery; to set aside, at their discretion, by
metes and bounds, and a portion thereof for the inter-
ment of strangers and the indigent poor; to divide the re-
mainder 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 or condition
of persons shall be admitted to interment in the ceme-
tery. The money from such sale or lease of burial lots
shall be invested, used, and employed for the use, protec-
tion, 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 municipal taxation.

21. The police force shall be under the control of the
mayor for the purpose of enforcing peace and order and
executing the laws of the state and ordinances of the
town. They shall also perform such other duties as the
council may prescribe. Forthe purpose of enabling them
to execute their duties and powers, each policeman is
hereby made a conservator of the peace and endowed with
all the powers of a constable in criminal cases, and all
other powers which under the laws of the state may be
necessary to enable him to discharge the duties of his
office. Their pay, uniforms, rules, and regulations for said
police shall be prescribed by the council.

22. Where, by the provisions of this act, the council
have authority to pass ordinances on any subject, they
may prescribe any penalty not exceeding five hundred
dollars for a violation thereof, and may provide that the
offender, on failing to pay the penalty recovered, shall
be imprisoned in the prison of the town, or in the jail of
Rockbridge county until the said town have a jail of its
own, for a term not exceeding ninety days, which penal-
ties may be prosecuted and recovered with costs, in the
name of the town of Buena Vista, or shall compel them
to work on the streets or other public improvements of the
said town. But the jail of Rockbridge county is not to be
subject to the use of the authorities of said town unless
and until the board of supervisors of said county agrees
thereto by an order entered of record.

23. The town council shall not take or use any private
property for streets or other public purposes without

14
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 shal] be law-
ful for said council to apply to and obtain from the cir
cuit or county court of Rockbridge county authority to
condemn the same, which shall be applied for and pro-
ceeded with according to law.

24. 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 remove the same, and if such removal be not made
within the time prescribed by the council, they may im-
pose a penalty of five dollars for each and every day it is
allowed to continue thereafter, and may cause the en-
croachment to be removed, and collect from the owner all
reasonable charges therefor, with costs, by the same pro-
cess 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 againat
the said town.

25. Whenever any street, alley, or lane in said town
shall have been opened and used as such by the public for
the period of five years, the same shall thereby become a
street, alley, or lane for public purposes, and the council
shall have the same authority and jurisdiction over and
right and interest therein as they have by law over the
streets, alleys, and lanes laid out by them; and any street
or alley reserved in the division or subdivision into lots
of any portion of the territory within the corporate limite
of said town, by a plan or plat of record, shall be deemed
and held to be dedicated to public use, unless it appears
by said record that the street or alley so reserved is de-
signed for private use. But upon apetition of a majority
of the persons interested therein the council shall have
power to open the same for the use of the public. |

26. Whenever any new street shall be laid out, a street
graded or paved, a culvert built, or any public improve-
ments 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 benefited thereby ; but no such public improve-
ment shall be made, the costs of which to be defrayed in
whole or in part by a local assessment, until first re-
quested by a petition signed by at least a majority of the
owners of the property to be assessed for such improve-
ments, or unless the entire council shall concur in voting
such improvements to be expedient, or in determining to
make the same after allegations have been heard, in which
case no petition or request shall be necessary. The coun-
cil shall have the same power to collect such local assess-
ments for improvements as are hereinafter invested in
them for the collection of taxes.

27. The town council shall grant and pay to all town
officers elected or appointed in pursuance of this act such
salaries or compensation as the said council may from
time to time deem just and proper, or shall be fixed by
this act.

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

CHAPTER IV.—Town Officers.

29. The sergeant of the town shall have and exercise
the powers of a constable; and the mayor, justice of the
peace, sergeant, and policemen, in criminal and police
matters, shall have jurisdiction for one mile from the cor-
porate limits of said town.

30. The 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
preecribe their duties, and fix their compensation, and
may take from any officer, whether appointed by them or
elected, a bond, with sureties, to be approved by the coun-
cil, in such penalty as they may deem proper, payable to
the town 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 it is not herein otherwise provided, the town
council shall elect a qualified person to fill such office
during the unexpired term.

31. The town treasurer shall qualify before the council,
and shall give bond, to be approved by the council, in
such sum as that body may prescribe. He shall receive
all money belonging to said 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.

32. No money shall be paid out by the treasurer except
on a warrant of the clerk of the council, countersigned by
the mayor; and he shall keep a separate account of each
fund and appropriation, and the debits and credits
belonging thereto.

33. The treasurer shall also report to the town council,
at the end of each fiscal year, and oftener, if required, a
full and detailed account of all 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 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 town council by a com-
mittee thereof, who shall examine and compare the same
with the books of the clerk, and report discrepancies, if
any, to the council.

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

35. All moneys received on all special assessment shall
be held by the treasurer as a special fund, to be applied
to the payment of the matter for which the assessment
was made, and said money shall be used for no other pur-
pose whatsoever.

36. 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 town council may by ordinance provide,
order, establish, or direct, and such moneys shall be kept
separate and distinct from the treasurer’s 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 or benefit, 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 town council shall
elect a qualified person to fill said office for the unexpired
term of the officer soremoved. No person shall be allowed
to qualify as treasurer a second time unless and until he
shall have satisfactorily settled his account 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 vacant, and the vacancy shall be filled as here-
inbefore provided.

37. The clerk of the council shall attend the meetings
of the council and keep a record of its proceedings, and
shall have the custody of the corporate seal of said town.
He shall keep all papers that by the provisions of this
act or the direction of the council are required to be filed
with or kept by him. It shall also be his duty, immedi-
ately after the close of each session of the town council,
to make and present to the mayor a transcript of every
ordinance, resolution, or order concerning any public im-
provement, or for the payment of money, and every ordi-
nance, resolution, order and act of legislative character
passed by the town council at such session. He shall, in
hike manner, transmit to the treasurer a transcript of all
ordinances, resolutions, or orders appropriating money, or
authorizing the payment of money, or the issue of bonds
or notes. He shall, in Jike manner, give notice to all par-
ties presenting communications or petitions to the town
council of the final action of the council on such commu-
nication or petition. He shall publish such reports and
ordinances as the town 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 town council may from time to time re-
quire of him.

38. The commissioner of the revenue shall perform all
the duties in relation to the assessment of property for
the purpose of levying the town taxes that may be ordered
by the town council. He shall keep his office in some
convenient place in said town, and shall keep therein
such books, schedules, and records, and in such manner as
the mayor and town 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 town council, or any committees thereof, and
of the collector of town taxes. Heshall receive for his
services the fees allowed by law, and such other compen-
sation as the town council may from time to time direct.
The commissioner of the revenue, in ascertaining the
value of real property taxable in said town, shal] fix the
same at the actual cash value of said property at the time
of assessment, irrespective of the value assessed for the
purposes of state taxation until the next general assess-
ment.

39. There shall be elected by the qualified voters of the
town of Buena Vista, on the fourth Thursday in May,
eighteen hundred and ninety-one, and on the fourth
Thursday in May in every second year thereafter, one
town sergeant, who shall perform such duties as may be
prescribed and ordained by the town council, and shall
receive such compensation therefor as the council shall
determine. He shall be collector of town delinquent
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 liabilities and penalties as are pre-
scribed for county treasurers in the collection of state
taxes and county levies, and may be proceeded againat in
the same manner so far as applicable and not inconsistent
with the provisions of this act. He shall pay over to the
treasurer weekly, or oftener, if he thinks proper, al!
moneys which come into his hands for taxes or other-
wise belonging to said town. He shall report to the coun-
cil, in writing, 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 bis
office 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 town of Buena Vista 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.

40. There shall be elected by the qualified voters of said
town, on the fourth Thurday in May, eighteen hundred
and ninety-one, and on the fourth Thursday in May in
every second year thereafter, one justice of the peace for
said town, who shall be a resident of the town, and shall
hold office for the term of two years, and until his sue-
cessor be elected and qualified, unless sooner removed
from office. The said justice of the peace shall receive
for his services such fees as are provided by law in respect
to justices of the peace in counties of this state.

CHAPTER V.—Finances.

41. The town council may, in the name of and for the
use of the town, contract loans orcause to be issued cer-
tificatés of debt or bonds: provided no such certificates of
debt or bonds shall be issued for an amount exceeding
five thousand dollars for any one purpose, except by a
two-thirds vote of the council, ratified by a majority of the
freehold voters of the town voting on the question, but
such loans, certificates, or bonds shall not be irredeemable
for a period greater than thirty-four years: provided fur-
ther, that said council] shall not-contract such 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 or other purpose, without
being first authorized so to do by three-fourths of the free-
hold voters of the town voting on the question: provided
further, that in nocase shall the aggregate debt of the
town at any one time exceed ten per centum of the as-
sessed value of the property, real and personal, within the
town limits: and provided further, that the said council
shall not endorse the bonds of any company whatsoever
without the same authority. All contracts for the erection
of public improvements within the jurisdiction of the
town council shall be let to the lowest bidder, reserving
the right to reject any and all bids, and notice shall be
given at least thirty days before the work is finally let, by
advertisement in one or more of the 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 member
of the town council, nor shall any member have any in-
terest in such contract.

42. Whenever 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.

43. For the execution of its powers and duties, the
town council may raise taxes annually, by assessments in
gaid town on all subjects taxable by the state, such sums
of money as they shall deem necessary to defray the ex-
penses of the same, and in such manner as they shall
deem expedient (in accordance with the laws of this
state and the United States): provided that no tax upon
real and personal property in said town shall exceed one
dollar and twenty-five cents upon the one hundred dollars
assessed value thereof; and provided, also, that if the
council deems it expedient they may provide, by a resolu-
tion passed by three-fourths of the entire council, that no
corporation tax shall be levied upon machinery, imple-
ments, money, and capital of any manufacturing establish-
ment actually in use for manufacturing purposes within the
said town for ten years from the first of January, eighteen
hundred and ninety; but this proviso is not intended to
apply to capital employed in purchasing articles manufac-
tured outside of the town and brought there to be used in
manufacturing.

44, 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 .theatricals or other performances or shows in said
town, or within a mile of the corporate limits thereof; to
keepers of billiard tables and tenpin alleys; to hawkers
and pedlars; to agents for the renting of real eatate; to
commission merchants, and any other business, whether
a license may be required therefor by the state or not, and
may exceed the state license.

45. 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.

46. The council may grant or refuse licenses to owners
er keepers of wagons, drays, carts, hacks, and other
wheeled carriages kept or employed in the town for hire,
and may require the owners or keepers of wagons, drays,
and carts 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
may deem proper, and may prescribe their fees and com-
pensation.

47. 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 chat-
tels shall prevent the same from being distrained and
sold for taxes assessed against the grantor in such deed.

48. There shall be a lien on real estate for the town
taxes as assessed thereon from the commencement of the
year for which they were assessed. The council may
require real estate in the town delinquent for the non-
payment of taxes to be sold for said taxes, with interest
thereon at the rate of ten percentum 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
manner provided by law.

49. The town council may organize and maintain a fire
department for the town, and appoint an engineer, assist-
ants, and other officers, with any and 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 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 may make such ordi-
nances as they may deem proper to extinguish and pre-
vent fire, to prevent property from being stolen, and to
require citizens to render assistance to the fire department
in case of need.

50. For the purpose of guarding against the calamities
of fires, the town council may, from time to time, desig-
nate such portions and parts of the town as they may
deem proper within which buildings of wood may or may
not be erected. They may prohibit the erection of wooden
buildings in any portion of the town without their per-
mission, 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 addition to any building, unless the outer
walls thereof be made of brick and mortar, or stone
and mortar, or metal, and may provide for the removal of
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 com-
menced before said petition can be acted on by the
council, or if any building in process of erection or
already built appears clearly to be unsafe, the council
may cause such building to be taken down, after reasona-
ble notice to the owner.

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

52. No license shall be granted to any person, club, or
corporation to sell wine, ardent spirits, malt liquors, or
any mixtures thereof, alcoholic bitters, or fruits preserved
in ardent spirits, either by wholesale, retail, or to be drunk
at the place where sold, or in any other way within the
corporation limits of said town, or within one mile
thereof, without, unless and until the applicant shall have
produced to the court or officers authorized to grant
such license the written consent of the council of said
town.

53. All officers elected under this act shall enter upon
the discharge of their duties upon the first day of July
next succeeding their election, and shall continue in
office for the term of two years, and until their successors
are elected and qualified.

54. The jailor of Rockbridge county, or the person in
charge of the prison of said town, is authorized to receive
into the said jail or prison, without mittimus or warrant,
all persons apprehended by the sergeant or any police
officer of said town for violation of the rules, regulations,
by-laws, or ordinances, or disturbing the peace of said
town, and shall be authorized to retain such persons in
his custody until ten o’olock in the morning of the second
day, at which time they shall be discharged unless regu-
larly committed to his custody by a mittimus or warrant,
in which case the officer so receiving said parties shall be
entitled to the fees provided to be paid when a person is
committed under a warrant or mittimus of a justice of
the

52. No. tax shall be levied or corporation debt contracted
unless by a resolution passed by a recorded vote of a
majority of the council.

56. No penalty shall be imposed under this ordinance
until the same has been published for one week, either by
publication in some newspaper published in the said town
or by handbills posted in public places within the town.

57. The town council shall have power and authority, at
any time after the passage of this act, to lay off new lots,
streets, and alleys, and other lands not included within
the limits of said town, and to’include the same within
the corporate limits thereof, with the consent of the owners
of the land which they may desire so to include; or if any
such land be owned by an infant, feme covert, or person
non compos mentis, imprisoned or not within the com-
monwealth, or by any person disabled by law in any
manner fo give consent, then, in that case, with the con-
sent of the county court of Rockbridge county.

58. All streets, cross-streets, and alleys which are not
already laid off and opened, or which may at any time be
located, surveyed, and opened in said town, or in extend-
ing the same by the authorities of said town, shall be and
they are hereby established as public streets and alleys of
said town. .

59. Whenever any new street shall be laid out, a street
graded or improved, a culvert or sewer built, a sidewalk or
gutter paved or curbed, or any other improvement made,
the town council shal] determine what. portion, if any, of
the expenses thereof shall be paid out of the town treasury,
and what portion by the owners of real estate benefited
thereby. All real estate within the said town exempt
from taxation by law shall pay the portion of the costs of
such improvements so assessed against the real estate; but
when the person so assessed shall consider himself
aggrieved by such assessment he shall have the right to
select one disinterested person and the council shall select
another like person, and they shall determine whether
such assessment is reasonable and just; and in case they
cannot agree, they shall elect a third person, and their

ward shall be conclusive. Anv such assessment shall be
collected as other taxes on real estate are collected in said
town; and in all cases in which a lessee or tenant shall
pay the expenses of such improvement assessed upon the
land occupied by him the amount of any such expenses
paid by him, or made out of his property, shall be a valid
set-off against so much of the rent due or accruing to his
landlord, unless it is otherwise stipulated between said
lessee, or tenant, and landlord.

60. And for the more equal apportionment of the taxes
upon the lots and buildings of said town, it shall be law-
ful for the council thereof, at such time and as often as
may be deemed necessary by them, to appoint three free-
holders over twenty-one years of age, who being first duly
sworn for that purpose, shall without delay proceed to
value the lands, lots, and buildings and improvements as
may hereafter be made and erected within the limits of
said town; which valuation, any two of said valuers con-
curring in the same, in writing under the hands and seals
of said valuers, or of the two concurring as aforesaid, shall
be returned forthwith to the council of said town, to be
entered of record upon their proceedings. And the council
of said town, when assessing tax upon the real estate
thereof for any year, shall be regulated by the valuation
so returned, which valuation shall be taken and consid-
ered as the valuation for the purpose aforesaid until a new
valuation shall be made. And if any person or persons
shall consider themselves aggrieved by the valuation of
said valuers, he or they shall have the privilege of appeal
(within twenty days after the return of said valuatio n) to
the council, whose decision thereon shall be final.

61. The town of Buena Vista and the officers thereof,
whether appointed by this act, or hereafter elected or
appointed in accordance with its provisions, shall be
clothed with all the powers and be subject to all the pro-
visions of the general laws of this state, except in so far as
the same are in conflict with the provisions of this act.

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