Chap. 831.—An ACT to provide a new charter for the town of
Abingdon, Virginia.

Approved February 22, 1890.

1. Be it enacted by the general assembly of Virginia,
That so much land, together with the improvements thereon,
as is included in the following described boundary lines,
to wit: Beginning on the south side of the main road, at
the northeast corner of the lot purchased by G. V. Litch-
field and others of Mrs. Rosalie §. Humes, by deed dated
the first day of August, eighteen hundred and eighty-three ;
thence south twenty-five and one-half degrees, east fifty-
eight and twenty-two poles and nine links to a planted
stone in Humes’ field; thence south sixty-four and one-
half, west four hundred and twenty poles to a planted stone
in Hurt’s field; thence north twenty-five and one-half,
west one hundred and nine poles and six links, passing
the western boundary of Snow Ingham and company’s
tobacco factory lot to a planted stone in the Abingdon
academy field; thence north sixty-four and one-half de-
grees, east four hundred and thirty poles to a planted
stone in Thomas W. White’s eleven-acre lot; thence south
twenty-five and one-half degrees, east fifty poles and
twenty-two links to the beginning, shall continue to con-
stitute the town of Abingdon, in the county of Washing-
ton, and may sue and be sued by and in that name; and
the inhabitants thereof shall have and exercise the follow-
ing powers and privileges.

2. The administration and government of the said town
shall be vested in one principal officer, to be styled the
mayor; one board to be styled the council of the town of
Abingdon, 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
one mayor, ten councilmen, a treasurer, and a sergeant.

4, The election for mayor and councilmen shal! be held
on the fourth Thursday in May, eighteen hundred and
ninety, and every second year thereafter. The mayor and
councilmen elected under this act shall enter upon the
duties of their respective offices the first day of July suc-
ceeding the election, and hold office for two years. All
persons in office at the time of the passage of this act shall
continue in office until the first day of July succeeding the
first election held under this act, or until their successors
are elected and qualified. |

5. The mayor and other municipal officers of said town,
before entering upon the duties of their respective offices,
shall be sworn in according to the laws of the state by
any one authorized to administer oaths. If any person
elected or appointed to any office in said town shall neglect
to take such oath for thirty days after receiving notice of
his election or appointment, or shall, for the like space of
time, neglect to give such surety as may be required, he
shall be considered as having declined said office, and the
same shall be declared vacant, and such vacancy shall be
filled by the council by election or appointment, as the
case may be.

6. The council shall fix the salary and fees of the mayor,
treasurer, sergeant, and such other officers appointed or
elected under this act, which shall not be diminished
during their term of office.

7. The council shall, at its first meeting after election,
or as soon thereafter as practicable, elect one of its mem-
bers to act as president of the council, who shall, in the
absence of the mayor, preside at all meetings of the coun-
cil, and have and exercise all the powers, authority, and
duties of the mayor. It shall appoint a treasurer and
such other officers and boards as it may deem proper and
necessary, define their powers, prescribe their duties, and
fix their compensation; and may take from any officers
so appointed a bond, with surety, to be approved by it in
such penalty as it may deem proper, payable to the said
town in its corporate name, for the faithful performance
and discharge of such duties. It may suspend or remove
all officers so appointed for good cause at its pleasure. In
case of a vacancy occurring in municipal offices where it
is not herein provided for, the council shall elect a quali-
fied person to fill such vacancy during the unexpired term.

8. The council shall appoint a board of health for the
town, and invest it with authority for the prompt and
efficient performance of its duty.

9. The council shall, by ordinance, fix the time of its
meeting. It shall have authority to adopt such rules as
it may deem proper for the regulation of its proceedings
and convenient transaction of its business; to compel the
attendance of its members; to punish its members for
disorderly behavior, and by a vote of three-fourths of the
whole council expel a member. The meetings of the
council shall be open to the public, except when the public
welfare, in its opinion, requires secrecy.

10. A majority of the council shall constitute a quorum
for the transaction of business; but no ordinance or reso-
lution shall be adopted, having for its object the levying
of taxes or appropriation of moneys, except by a vote of
two-thirds of the council.

11. The council shall appoint a board, consisting of one
or three citizens of the town, to be known as assessors,
whose duty it shall be to assess the value of the lots and
lands and the improvements thereon in the town for the
purposes of taxation.

12. The mayor shall, by virtue of his office, possess all
the power, authority, and jurisdiction of a justice of the
peace of Washington county. He shall preside at all
meetings of the council, appoint a sergeant and assistant
sergeants, and see that all ordinances of the town are
faithfully enforced. He shall have the power to veto any
act of the council, and the same shall not become an
ordinance without his approval in writing, or until it has
received two-thirds of the vote of the council upon and
after his disapproval. He shall have supervision over the
conduct of all subordinate officers; have power and au-
thority to investigate their acts; have access to all books
and documents in their offices, and may suspend or remove
such officers‘for misconduct in office, or neglect of duty.
In case a vacancy shall occur in the office of mayor from
any cause, the president of the council shall perform all
the duties of the office until such vacancy is filed by an
election by the council for the unexpired term.

13. The mayor or president of the council shall not be
required to issue warrants for the arrest of persons charged
with a violation of any town ordinance. He may admit
any one charged with a violation of an ordinance to bail
before trial.

14. When an officer to whom an execution for a fine and
costs shall be directed cannot find goods and chattels
belonging to the defendant sufficient to satisfy such exe-
cution, he shall make return thereof to the clerk of the
council, who shall thereupon issue a capias pro fine against
the said defendant for the amount of such fine and costs,
and deliver it to such officer for execution. The clerk
shall have the same fee allowed clerks of courts of record
for similar service.

15. The council shal] have, subject to the provisions of
this act, the control and management of the fiscal and
municipal affairs of the town, of all property, real and
personal, belonging to said town; and may make such ordi-
nances and by-laws relating to the same as it shall deem
proper, and if shall likewise have power to make such
ordinances, orders, by-laws and regulations as it may
deem necessary to carry out the following powers, which
are hereby conferred upon it:

First. To establish a market or markets in and for said
town and appoint proper officers therefor.

Second. To erect and provide in or near said town suit-
able buildings for workhouses, houses of correction and
reformation, and houses for the reception and mainte-
nance of the poor and destitute, for the officers of the
town, and for the confinement of prisoners, and to pur-
chase and hold lands necessary upon which to erect such
buildings.

Third. To close or extend, widen or narrow, lay out,
graduate, curb and pave, and otherwise improve the streets,
alleys and sidewalks in said town, and have them kept in
good order and properly lighted; and over any street or
alley in the town which has been or may be deeded or con-
veyed to the town it shall have like power and authority
as over other streets and alleys; it may prevent or remove
any structure, encroachment, or obstruction over, under,
or in any sidewalk, street, or alley, and may permit shade
trees to be planted along said streets and alleys in said
town.

Fourth. To regulate and prescribe the location and build-
ing of all houses and sheds, and order the removal of any
building condemned as dangerous in any way by the com-
mittee of safety, saving to any person aggrieved right of
appeal to the council: provided, such appeal be taken
within fifteen days from the date of the report of said com-
mittee.

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

Sixth. To require and compel the abatement of all nui-
sances within said town at the expense of 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, hog-pens, privies, sta-
bles, or the exercise of any dangerous, offensive, or un-
healthy business, trade or employment; to regulate or pre-
vent the storing of gunpowder, coal-oil, camphene, nitro-
glycerine, or other combustibles; and to prohibit the sale
and use of fire-works within said town. ,

Seventh. To prevent hogs, dogs, and other animals run-
ning at large in said town, and subject the same to such
regulations and taxation as it may deem proper.

Eighth. To prevent the riding and driving of horses or
other animals at an improper or dangerous speed, throw-
ing stones or engaging in any employment or sport on the
streets and alleys dangerous or annoying to the citizens,
and to prohibit and punish the abuse and cruel treatment
of horses or other animals in said town.

Ninth. To restrain and punish drunkards, vagrants, and
street beggars; to prevent vice and immorality; to pre-
serve the peace and good order of the town, prevent and
quell riots, disturbances, and disorderly conduct and as-
semblages; to suppress houses of ill-fame and gambling
houses; prevent and punish indeceut and lewd conduct
on the streets, and to expel from the town persons guilty
of any offense mentioned above when, in its judgment,
the good order and peace of the town require it, or may
require such persons to give bond, with approved security,
in a penalty not exceeding the sum of one thousand dol-
lars, for their good behavior during a term of twelve
months, and upon failure to give such bond may be com-
mitted to prison for a term not exceeding twelve months.

Tenth. To prevent, forbid, and punish the illegal selling
of spirituous or malt liquors, wines, or any mixture thereof
by a fine not exceeding one hundred dollars and imprison-
ment not exceeding ninety days for each offense; reserv-
ing the right to the party convicted of appeal to the county
court of Washington county, in all cases wherein the fine
exceeds the sum of fifty dollars and imprisonment exceeds
thirty days. Inthe enforcement of any ordinance adopted
under this section, the jurisdiction of the mayor shall ex.
tend one mile beyond the limits of the town. Procuring o!
soliciting orders for liquor for another shall be deemed
sale under this section.

Eleventh. To punish for contempt of court, releasing o1
attempting to release a prisoner, or interfering in any
manner with any officer in the exercise of his official du.
ties.

Twelfth. To prevent the coming into town of persons
having no visible means of support, and of persons dan.
gerous to the peace and good order of the town.

Thirteenth. There shall be a lien on all goods and chat.
tels and real estate for taxes assessed thereon, from the be.
ginning of the year for which they were assessed and for anv
assessment for curbing and paving sidewalks. The council
may require real estate returned delinquent for the non-pay-
ment of taxes and assessment for curbing and paving side-
walks to be sold for such taxes and assessments, with in-
terest at the rate of ten per centum per annum from the
time when such taxes or assessments became due and pay-
able, and such per centum for charges as it may prescribe ;
such sale to be made in accordance with the state law.

16. For the execution of its powers and duties the coun-
cil may raise by taxes annually, by assessments in said
town, on all subjects taxable by the state, on dogs, drays,
wagons, carts, hacks and other wheel vehicles and shoot-
ing galleries, such sums of money as it may deem neces-
sary to defray the expenses of the town, and in such man-
ner as it may deem expedient.

17. Where, by the provisions of this act, the council has
authority to pass ordinances upon any subject, it may pre-
scribe any penalty, not exceeding one hundred dollars’
fine and imprisonment not exceeding ninety days, and
may provide that, upon failure to pay fine and costs, the
offender may be imprisoned and worked on the streets and
alleysof the town until such fine and costs are paid, reserv-
ing to the person convicted the right of appeal to the county
court of Washington county, in all cases wherein the fine
exceeds the sum of twenty-five dollars and imprisonment
exceeds forty-five days.

18. All ordinances now in force in said town not in con-
flict with this act, the laws of the state and the United
States, shall remain in force until altered, amended or re-
pealed by said council.

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

20. This act shall be in full force and effect from and
after its passage.