Chap. 416.—An ACT to provide a new charter for the town of
Graham, in the county of Tazewell.

Approved February 29, 1892.

1. Be it enacted by the general assembly of Virginia,
That the act approved January twenty-eight, eighteen
bundred and eighty-four, entitled an act to incorporate
the town of Graham, in the county of Tazewell, be
amended to read as follows:

2. The said town shal] be extended so as to embrace
the following described boundary: Beginning on the top
of Stony Ridge at the northwest corner of J. B. Greev-
er’s land (said point is also ‘the northeast corner of the
land belonging to theestate of J. A. Franklin, deceased) ;
thence in a southerly direction, crossing Wright’s valley
with the west line of the said J. B. Greever’s land to the
southwest corner of the same ; thence in an easterly direction
with the south line of the said J. B. Greever’s land to the
southwest corner of the lands of the West Graham land
and improvement company; thence in an easterly direc-
tion with the south line of the West Graham land and
improvement company to the southwest corner of the
Jand of Harriet Tabor and James F. Dudley; thence in
an easterly direction with the south line of the said
Harriet Tabor and James F. Dudley’s land to the north
line of the land of Martha Neel, and with the same
in-an easterly direction to the northwest corner of W.
M, Sanders’ land; thence in a general easterly direc-
tion with the several north lines of the said W. M.
Sanders’ land to the state line dividing the states of Vir-
ginia and West Virginia; thence in a northwesterly di-
rection with said state line to the northwest corner of the
land of the Graham Linkland improvement company ;
thence in a westerly direction with the north lines of the
said Graham Linkland improvement company to the
northeast corner of the lands of the Graham land im-
provement company; thence in a general westerly direc-
tion with the north lines of the said Graham land and
improvement company’s land to the northeast corner of
the lands of the West Graham land and improvement
company; thence in a westerly direction with the top of
Stony Ridge and with the several north lines of the West
Graham land and improvement company and the north
lines of the said J. B. Greever’s lands to the beginning.

3. 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
Graham, and in such other boards and officers as are here-
inafter mentioned or may be provided by the council.

4. The municipal officers of said town shall consist of
& mayor, a treasurer, eight councilmen, a clerk of the
council, a sergeant, a commissioner of the revenue, and
one justice of the peace.

5. An election of the municipal officers mentioned in
the third section of this act, except the clerk of the coun-
cil and commissioner of the revenue, shall be held on the
first Monday in June, eighteen hundred and ninety-two,
and on the firat Monday i in June in every second year, there-
after. The 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
election shall be conducted under the provisions of the
general election laws of the state. When twoor more
councilmen are to be elected, the several persons of the
number required having the highest number of votes
shall be declared elected.
6. The mayor and all other municipal officers of said
town, before entering upon the duties of their respective
offices, shal] 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 shal! 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 securities as may be re-
quired of him by the town council, he shall be considered
as having declined said office, and the same shall be de-
clared vacant, and such vacancy shall be filled as pre-
scribed in section two of chapter four of this act.

Chapter II.

1. Mayor.—The mayor shall be elected by the qualified
voters of the town of Graham for the term of two years.
His salary shall be fixed by the council of said town, and
he shal! receive no other compensation or emolument what-
ever, and his salary shall not be diminished during his
term of office.

2. He shall, by virtue of his office, preside over the meet-
ings of the council, voting only in case of a tie, and pos-
sess all the jurisdiction and exercise all the power and au-
thority 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 service as such
justice of the peace.

3. It shall be his duty to communicate to the town coun-
ci] 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 recommendations
as he may deem proper.

4. He shal] exercise a constant supervision over the con-
duct of all subordinate officers, have power and authority
to investigate their acts, have access to all books and doc-
uments in their offices, and may examine said officers
and their subordinates under 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
without reasonable notice to the officer complained of and
an opportunity be afforded him to be heard in his defence.
On the removal or suspension of such 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.

5. In case of the absence or inability of the mayor the
president pro tempore of the council, to be chosen by a
majority of the council present at a legal meeting, or in
his absence or inability some other member, chosen in
the same manner, shall possess the same power and dis-
charge the municipal duties of the mayor during such
absence or inability.

6. In case a vacancy shall occur in the office of mayor
the same shall be filled in the manner hereinafter pro-
vided in section two of chapter four of this act.

7. The mayor or any three members of the council
may call a meeting of the council.

CHAPTER III.

1. Town council.—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.

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

3. The town council shall have authority to appoint po-
licemen, and to adopt such rules and appoint such officers
and committees as they may deem proper for the regula-
tion of their proceedings and for the convenient transac-
tion of business, to compel the attendance of absent mem-
bers, 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 misfeasance in office. They
shall keep a minute book, in which their clerk shal! note
the proceedings of the council, and shall record said pro-
ceedings 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.

4. 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, unless there
be at least six members present, and five of them concur.

5. The town council shall have, subject to the provisions
of this act, the control and management of the fiscal and
municipal affairs of the town, and of all property, real and
personal, belonging to said town, and may make such ordi-
nances 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 following
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
time 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 regrating.

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; 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 fix-
tures or appurtenance thereof; and shall have the power
to protect from injury by ordinance, prescribing adequate
penalties, the said works, pipes, fixtures, and land, or any-
thing connected therewith, whether within or without the
limits of said town. ,

Fourth. To open, close, improve, widen, or narrow
streets, avenues, or alleys, and have them kept in good or-
der and properly lighted; and over any street or alley in
the town which has been or may be ceded or conveyed to
the town by proper deed, they shall have like power and
authority as over other streets and alleys. They may
prevent the building of any structure, obetruction, or en-
croachment over, 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 or individual
shall occupy with its or his works, or any appurtenances
thereof the streets, sidewalks, or alleys of the said town
without the consent of the council duly entered upon its
record hook.

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 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 arti-
cles for sale or barter,

Eighth. To secure the inhabitants from contagious, in-
fectious, or other dangerous diseases; to establish, erect,
and regulate hospitals; to provide for and enforce the re-
moval of patients to said hospital; to appoint and organ-
ize a board of health for said town, with the authority
necessary for the prompt and efficient performance of its
duties.

Ninth. To require and compel the abatement and re-
moval of all nuisances within said town at the expense of
the person or persons causing the same, or the owner or
owners of the ground whereon the same shall be; to pre-
vent and regulate slaughter-houses, soap and candle fac-
tories within 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, 0c-
cupler or occupiers thereof, shall permit any offensive or
unwholesome substance to remain or accumulate thereon,
the council may cause such substance to be covered, or to be
removed therefrom, and may collect the expense of so doing
from the said owuer or owners, occupier or occupiers, 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 manner in which taxes
levied upon real estate for the benefit of said town are au-
thorized to be collected: provided that reasonable notice
shall be first given to said owners or their agents. Incase
of non-resident owners, who have no agents in said town,
such notice shall be given by publication for not less than
two weeks in any newspaper published 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 com-
bustible 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 restrict the
making of bonfires 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,
sidewalks, or public alleys dangerous or annoying to pas-
sengers, and to prohibit and punish the abuse or cruel
treatment of horses or other animals in said town.
Fourteenth. To restrain and punish drunkards,vagrants,
and street beggars; to prevent vice and immorality; to
preserve the public peace and good order; to prevent and
quell riots, disturbances, and disorderly assemblages; to
suppress houses of ill-fame and gambling-houses; to pre-
vent and punish lewd or indecent conduct or exhibitions
in said town, and to expel therefrom persons guilty of such
conduct who have not resided therein as much as one year;
and for any violation of such ordinances may impose fines
in addition to those prescribed by the laws of the state.

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.

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

7. The town council is empowered to acquire lands -to
be used as a place for the burial of the dead. The said
council shal] also have power to prescribe and enforce all
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, a portion thereof for the interment of
strangers and the indigent poor; to divide the remainder
into burial lots and sell or lease the same, and to execute
all proper deeds or other writings in evidence of such sale
or lease, and to prescribe what class or condition of per-
sons shal] be admitted to interment in the cemetery. The
money from such sale or lease of burial Jots shall be in-
vested, used and employed for the use, protection, preser-
vation and ornamentation of said cemetery. The ceme-
tery, when established and enclosed, shall be exempt from
all state, county and municipal taxation.

8. The police force shall be under the control of the
mayor for the purpose ef 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. For the purpose of enabling them
to execute their duties and powers, each policeman is
bereby 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 neces-
sary 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.

9. 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
-Tazewell county until the said town have a jail of its own,
for a term not exceeding ninety days, which penalties may
be prosecuted and recovered with costs in the name of the
town of Graham, or shall compel them to work on the
streets or other public improvements of the said town.

10. The town council shal] not take or use any private
property for streets or other public purposes without mak-
ing to the owner thereof just compensation for the same;
but in cases where the council cannot by agreement ob-
tain title to the ground for such purposes, it shall. be Jaw-
ful for said council to apply to and obtain from the cir-
cuit or county court of Tazewell county authority to con-
demn the same, which shall be applied for and proceeded
with according to law.

11. 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 encroach-
ing) 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 contin-
ued, shall constitute any adverse possession to or confer
any rights upon the person claiming thereunder as against
the said town.

12. 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 be-
come a street, alley, or lane for public purposes, and the
council shall have the same authority and jurisdiction
over and right and interest thergin 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 cor-
porate limits 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 designed for private use.

13. 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 im-
provement 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
council shall have the same power to collect such local
assessments for improvements as are hereinafter invested
in them for the collection of taxes.

14. 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.

15. 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 council may allow, deliver over to his successor in
office all property, hooks and papers belonging to the
town or appertaining to such office, in his possession or
under his control, he shall forfeit and pay to the town a
sum not exceeding five hundred dollars, to be sued for and
recovered, with cost and all books, records and documents
used in any office by virtue of any provision of this act,
or of any ordinances or order of the town council, 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 held responsible therefor.

16. No license shall be granted to any person or persons,
club or corporation to sell ardent spirits, malt liquors or
any mixture thereof, or bitters containing alcohol, either
by wholesale, retail, or to be drunk at the place where sold,
or any other way within the corporate limits of said town
during the existence of any local-option law prohibiting
the manufacture and sale of wine, ardent spirits or malt
liquors in Clear Fork district, Tazewell county; and in
the absence of any such law, no license shall be granted
to any person or persons, club or corporation to sell ardent
spirits, wine, malt liquors, or any mixture thereof, or bit-
ters containing alcohol, either by wholesale or retail, or to
be drunk at the place where sold, unless the applicant
shall first produce to the court or officers authorized to
grant such license the written consent of three-fourths or
more of the members of the town council of ,the said
town, consenting that such license be granted the appli-
cant, and the said applicant shall also produce to the
court or officers authorized to grant such license a recom-
mendation signed by three-fourths or more of the mem-
bers of the town council of said town, recommending to
the court or officers authorized to grant such license that
the party is a corporation chartered under the laws of
Virginia, or if the applicant is not such a corporation,
that the person so applying is sober, discreet and of
good moral character, and in all cases where such li-
cense is applied for, whether the applicant be a person
or persons, club or corporation, that the place proposed to
be kept for the transaction of business under such license
is suitable and convenient, and that if the applicant de-
sires a retail license, that he has paid into the treasury
of the said town the sum of three hundred dollars; or
if the said applicant desires a bar-room license, that
he has paid into the treasury of the said town the sum of
three hundred dollars; or if the said applicant desires a
retail and a bar-room license, that he has paid into the
treasury of the said town the sum of four hundred and
fifty dollars; or if the said applicant desires a wholesale
license, that he hag paid into the treasury of the said town
the sum of one hundred and fifty dollars; or that if the
said applicant desires a wholesale license for the sale
of malt liquors only, that he has paid into the treas-
ury of the said town the sum of fifty dollars: provided,
however, that the applicant shall show the court or officers
authorized to grant such license that he has paid into the
treasury of Tazewell county the tax required by existing
laws to be paid to the state for the exercise of the privi-
lege applied for; and it is further provided, that in no
case shall it be lawful to grant a license to any person or
persons, club, or corporation to sell wine, ardent spirits,
malt liquors, or any mixture thereof, or bitters containing
alcohol, either by wholesale or retail, or to be drunk at the
place where sold, at any point outside of the said town
within one mile of its corporate limits. No liquor license
shall be granted in said town until the applicant shall ex-
ecute bonds in the said court, with good security, in the
penalty of two thousand dollars, conditioned according to
law. Any person who shall, without first procuring a
license as aforesaid, sell wine, ardent spirits, malt liquors,
or any mixture thereof, or alcoholic bitters, either by whole-
sale, retail, or to be drunk at the place where sold, or in
any way within the corporate limits of the said town, or at
any point outside of said corporation within one mile of
same, shall be punished by a fine of twenty dollars for each
offence, and if the fine and costs of prosecution be not
at once paid, the accused shall be forthwith committed to
the prison of said town, and made to work in the chain-
gang of said town until the fine and costs be paid, or he
be discharged by due process of law. The mayor or justice
of the peace of said town shall have jurisdiction to try
any person charged with a violation of any of the provis-
ions of this section, and impose the penalty prescribed.
All fines imposed under this section shall be for the bene-
fit of the said town, and shall be paid into the treasury
thereof. Any person found guilty of violating any pro-
vision of this section shal] be required by the officer try-
ing the case to give bond, with good security, in a reason-
able sum, to be fixed by said officer, to be of good beha-
vior during the twelve months next succeeding, and if such
person fails to give such bond, he shal! at once be com-
mitted to the prison of said town until he does give it or
is discharged by due process of law: provided further, that
this section shall not be construed so as to prohibit the
sale of wine, ardent spirits, malt liquors, or any mixture
thereof, or alcoholic bitters by druggists under the exist-
ing laws of the state.

CHAPTER IV.

1. Town officers.—The sergeant of the town shall have
and exercise the powers of a constable, and the mayor,
justice of the peace, sergeant and policeman, in criminal
and police matters, shall have jurisdiction for one mile
from the corporate limits of said town.

2. 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 describe
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 council in such
penalty as they may deem proner, payable to the town by
its corporate name, with condition for the faithful dis-
charge of said duties. All officers appointed by the coun-
cil 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 unex-
pired term.

3. 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 hooks
and accounts in such manner as the council may pre-
scribe, and such books and accounts shall always be sub-
ject to the inspection of the mayor and any member of
the council,or any committee thereof.

4. 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 belong-
ing thereto.

5. The treasurer shal] 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, and publish the same by one insertion in a news-
paper published in the town of Graham. 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 mak-
ing such report to the town council by a committee there-
of, who shall examine and compare the same with the
books of the clerk, and report discrepancies, if any, to the
council.

6. 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.

7. All moneys received on special assessments 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 shal! be used for no other purpose
whatsoever.

8. The council may, at the request of the treasurer, by
ordinances, provide, order, establish or direct that the
treasurer keep all money in his hands belonging to the
town in such place or places of deposit as in their judg-
ment they may deem proper, 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 im-
mediate removal from office. In case of his removal, the
town council shal! elect a qualified person to fill said office
for the unexpired term of the officer so removed. No per-
son 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
entering upon the duties of his office for another term,
the office shall be considered vacant, and the vacancy
shall be filled as hereinbefore provided.

9. 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, immediately
after the close of each session of the town council, to
make and present to the mayor a transcript of every ordi-
nance, resolution or order concerning any public improve-
ment or for the payment of money, and every ordinance,
resolution, order and act of legislative character passed
by the town 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, or the issue of
bonds or notes. He shall, in like manner, give notice
to all parties presenting communications or petitions
to the town council of the final action of the council
on such communication or petition. He shall publish
such reports and ordinances as the town council are by
this act required to publish, and such other reports and
ordinances as they may direct, and shall, in general, per-
form such other acts and duties as the town council may
from time to time require of him.

10. 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 prescribe, which books,
records and other papers shall be subject to the inspection
and examination of the mayor, the members of the town
council, or any committee thereof, and of the collector of
the town taxes. He shall receive for his services the fees
allowed by law and such other compensation 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, shall fix the same at the actual cash
value of said property at the time of assessment.

11. There shall be elected by the qualified voters of the
town of Graham, on the first Monday in June, eighteen
hundred and ninety-two, and on the first Monday in June
every second year thereafter, one town sergeant, who shall
perform such duties as may be prescribed or ordained by
the town council, and shall receive such compensation
therefor as the council shall determine. He shall be col-
lector 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 liabili-
ties and penalties as are prescribed for county treasurers
in the collection of state taxes and county levies, and
may be proceeded against 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, all moneys which come into
his hands for taxes or otherwise belonging to said town.
He shall report to the council in writing, at each stated
meeting, the amount of all moneys collected by him for
the town and psid over as herein directed. Before enter-
ing on the duties of his 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 Graham and conditioned for the faithful dis-
charge 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.

12. There shall be elected by the qualified voters of
said town, on the first Monday in June, eighteen hundred
and ninety-two, and on the first Monday in June 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 successor
be elected and qualified, unless sooner removed from of-
fice. 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.

1. Finances.—The town council may in the name of and
for the use of the town, contract loans, or cause to be issued
certificates of debts or bonds: provided that no such cer-
tificates of debts or bonds shall be issued except by a two-
thirds vote of the council, endorsed by a two-thirds vote
of the freehold voters voting on the question; but such
loans, certificates, or bonds shall not be irredeemable for
a period greater than thirty-four years: provided further,
that said council shall not contract such loan, or issue
such certificates of debt or bonds for the purpose of sub-
scribing 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 no case shall the aggregate debt of the
town at any one time exceed fifteen per centum of the as-
sessed value of the property, real and personal, within
the town limits: and provided further, that the said coun-
cil shall not endorse the bonds of any company whatsoever,
without the same authority. All contracts for the erection
of public improvements and buildings within the jurisdic-
tion of the town council shall be let to the lowest respon-
sible bidder, and notice shall be given at least thirty days
before the work is finally let by advertisement in one or
more newspapers published in the town; and the party to
whom said contract is let shall give such bond as the coun-
cil maf require, but in no event shall any contract be let
to any member of the town council, nor shall any member
have any interest in such contract.

2. Whenever there shall be contracted by the town coun-
cil any debt not payable within one year thereafter, there
shall be set apart annually for thirty-four years, or until

Google
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.

3. For the execution of its powers and duties, the town
council may raise taxes annually by assessments in said
town on all subjects taxable by the state, such sums of
money as they shall deem necessary to defray the expenses
of the same, and in such manner as they shall deem expe-
dient (in accordance with the laws of this state and the
United States): provided that no tax upon real and per-
sonal property in said town shall exceed one dollar and
fifty cents upon the one hundred dollars’ assessed value
thereof: and provided, also, that if the council deems it
expedient they may provide, by a resolution passed by
three-fourths of the entire council, that no corporation tax
shall be levied on machinery, implements, money, and
capital of any manufacturing establishment actually in
use for manufacturing purposes within the said town for
a period not exceeding ten years.

4. The council may levy a tax on water and gas, or
licenses to agents of insurance companies whose principal
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 keep-
ers of billiard-tables and ten-pin alleys; to hawkers and
peddlers; to agents for the renting of real estate; to com-
mission merchants, and any other business, whether a
license may be required therefor by the state or not.

5. Any payment of taxes made by the tenant, unless un-
der an express agreement by which the tenant is bound to
pay such taxes, shall be a credit against the person to
whom he owes the rent.

6. 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 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 sub-
ject the same to such regulations as they may deem pro-
per, and may prescribe their fees and compensation.

7. 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 granter in such deed. °

8. There shall bea 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 re-
quire real estate in the town delinquent for the non-pay-
ment of taxes to be sold for said taxes, with interest
thereon, at the rate of ten per centum per annum, and
such per centum as the council may prescribe for charges.
Such real estate may be sold and may be redeemed in the
manner provided by law.

9. 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 pre-
scribe their respective duties in case of fire, or alarms of
fire; may fix their rate of 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 fire; to prevent property from being stolen,
and to require citizens to render assistance to the fire
department in case of need.

10. For the purpose of guarding against the calamities
of fire, the town council may, from time to time, designate
such portions and parts of the town as they may deem
proper within which buildings of wood may 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
buildings 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 coun-
cil, 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 reasonable notice to
the owner.

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

12. 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 of-
fice for the term of two yeara, and until their successors
are elected and qualified

13. The jailer of Tazewell 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 hig
custody until ten o’clock in the morning of the second day,
at which time they shall be discharged unless regularly
committed to his custody by a mittimus or warrant, in
which case the officers 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 peace.

14. No tax shall be levied or corporation debt con-
tracted unless by a resolution passed by a recorded vote
of the majority of the council.

15. No penalty shall be imposed under an ordinance
passed by the town council by virtue of this act, until
said ordinance has been published in some newspaper
published in the said town or by handbills posted in
public places within the town.

16. 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 land not included within
the limits of said town, and to include the same within
the corporate limits thereof, with the consent of the own-
ers 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
commonwealth, or by any person disabled by law in any
manner to give consent, then, in that case, with the con-
sent of the county court of Tazewell county.

17. All streets, cross streets, and alleys which are not
aleady 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
any, they are hereby established as public streets and
alleys of said town.

18. For the more equal apportionment of the taxes upon
the lots and buildings of said town, it shall be lawful for
the council thereof, at such times and as often as may be
deemed necessary by them, to appoint three freeholders
over twenty-one years of age, who, being first duly sworn
for that purpose, shall without delay proceed to value the
lands, lots, buildings and improvements erected or to be
erected within the limits of the said town; which valua-
tion, any two of said valuers concurring in the same, in
writing under the hands and seals of said valuers, or of
the two concurring as aforesaid, shall be returned forth-
with to the council of said town, to be entered of record
upon their proceedings. And the council of said town,
when levying tax on the real estate thereof for any year,
shall be regulated by the valuation so returned, which
valuation shall be taken and considered as the valuation
for the purposes aforesaid until a new valuation shall be
made. And if any person or persons shal] consider them-
selves aggrieved by the valuation of said valuers, he or
they shall have the privilege of appeal (within twenty
days after the return of said valuation) to the council,
whose decision shall be final. The assessment for the
town taxes shall be the basis for the assessment of taxes
for state purposes.

19. The town of Graham 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 provisions of the gen-
eral laws of the state, except in so far as the same are in
conflict with the provisions of this act.

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