CHAP. 419.—An ACT to provide a new charter for the town of
Waverly.

Approved February 29, 1892.

1. Be it enacted by the general assembly of Virginia,
That so much land, together with the improvements there-
on, a8 is included in the following described boundary
lines, to-wit: Beginning at Lobb’s shop crossing, running
thence by air-line to Burt’s crossing onthe Norfolk and
Western railroad; thence along the county road leading
to Blackwater to a point intersected by the county road
leading to Waverly; thence by air-line to culvert on Nor-
folk and Western railroad where said road crosses the
Spring branch; thence by air-line back to Lobb’s shop
crossing before mentioned, shall continue to constitute
the town of Waverly, in the county of Sussex, and may
sue and be sued by and in that name; and the inhabi-
tants thereof shall have and exercise the powers and priv-
ileges herein contained and such others as may be given
them under the general law.

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 Waverly, and in such otber 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, five councilmen, a treasurer, and a sergeant.

4, The election for mayor and councilmen shall be held
on the fourth Thursday in May, eighteen hundred and
ninety-four, and every second year thereafter. The mayor
and councilmen elected under this act shall enter upon
the discharge of their respective duties the first day of
July succeeding their election, and hold office for two
years. All persons in office in said town 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, 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 in 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 ap-
pointed 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 as president of the council, who shall preside at all
meetings of thecouncil. It shall appoint a treasurer, ser-
geant, and such other officers and boards as it may deem
proper and necessary, define their powers, prescribe their
duties, and fix their compensation, and take from any offi-
cer so appointed a bond, with security to be approved by
it, in such penalty as it may deem proper, payable to the
said town in its corporate name, conditioned for the faith-
ful 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 muni-
cipal offices where it is not herein provided for, the coun-
cil shall elect a qualified person to fill such vacancy dur-
ing the unexpired term. A member of the council may
hold the office of treasurer of said town.

8. The council shall appoint a board of health for the
town, and invest it with authority for the prompt and effi-
cient performance of its duties.

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-fifths of the
whole council, expel a member. The meetings of the
council shall be open to the public, except when the pub-
lic 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 three-
fifths vote of the council.

11. The council shall have power to levy a specific street
tax not exceeding fifty cents upon each male citizen who
is over the age of twenty-one years, and to levy a tax not
exceeding twenty-five cents on the hundred dollars worth
of property for all purposes: provided, however, that said
council may impose a further tax not exceeding eighty
cents on the hundred dollars when authorized by a two-
thirds vote of all the legally qualified voters of said town.

12. 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 improvements thereon in the town for the pur-
pose of taxation; but the assessment for state taxation
shall be the basis of said assessment for said town pur-

Be8.

13. The mayor shall, by virtue of his office, possess al]
the power, authority, and jurisdiction of a justice of the
peace of Sussex county. He shall appoint assistant ser-
geants whenever the peace and good order of the town, in
his opinion, may require it, and see that all ordinances of
the town are faithfully enforced. Incase a vacancy shal]
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 filled by an election of the council for the
unexpired term.

14. The mayor or president of the council shal! 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.

15. When an officer to whom an execution for a fine and
costs shall be directed cannot find goods and chattels be-
longing to the defendant sufficient to satisfy such execu-
tion, he shall make return thereof at once to the mayor,
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 mayor shall
have the same fee allowed clerks of court of record for sim-
ilar service.

16. The council shall have, subject to the provisions of
this act, the control and management of the fiscal and mu-
nicipal ‘affairs of the town, of all property, real and per-
sonal, belonging to said town, and may make such ordi-
nances and by-laws relative to the same as it may deem
proper; and it shall likewise have power to make such or-
dinances, orders, by-laws, and regulations as it may deem
necessary to carry out the following powers (and any other
powers that may be granted it by the general laws of this
state), which are hereby conferred upon it:

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

Becond. To erect and provide in or near said town suit-
able buildings for work-houses, houses of correction and
reformation, and houses for the reception and maintenance
of the popr and destitute, for the officers of the town, and
for the confinement of prisoners, and to purchase 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 conveyed
to the town it shall have the like power and authority as
over other streets and alleys; it may prevent or remove
any structure, encroachment or obstruction under or in
any sidewalk, street or alley, and may permit shade trees
to be planted along such streets and alleys in said town.

Fourth. To regulate and prescribe the location and
building of all houses and sheds, and order the removal
of any building condemned as dangerous in any way by
the committee on public property, saving to any person
aggrieved the right of appeal to the council: provided
such appeal be taken within fifteen days from the report
of said committee.
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
same, or owners of grounds whereon the same shall be; to
prevent and regulate slaughter-houses, soap and candle
factories, hog-pens, privies, stables, or the exercise of any
dangerous, offensive, or unhealthy business, trade, or em-
ployment; to regulate or prevent the storing of gunpow-
der, kerosene oil and other combustibles, and to prohibit
the sale and use of fire-works in 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 and other animals in said town.

Ninth. To restrain and punish drunkards, vagrants and
street beggars; to prevent vice and immorality; to pre-
gerve the peace and good order of the town, prevent and
quell riots, disturbances and disorderly conduct in assem-
blages; to suppress houses of ill-fame and gambling
houses; prevent indecent and lewd conduct on the streets,
and to expel from the town persons guilty of any offence
above mentioned, when, in its judgment the good order
and peace of the town require it; or may require such per-
sons to give bond, with approved security, in a penalty not
exceeding the sum of one thousand dollars, for their good
behavior during the term of twelve months, and upon fail-
ure to give such hond may be committed to prison for a
term not exceeding twelve months.

Tenth. To prevent, forbid, and punish illegal selling of
spirituous or malt liquors, wines, or any mixture thereof,
by a fine not exceeding one hundred dollars and impris-
onment not exceeding ninety days foreach offence; re-
serving the right to the party convicted of appeal to the
county court of Sussex county in all cases wherein the
fine exceeds the sum of fifty dollars and imprisonment
exceeds thirty days. In the enforcement of any ordi-
nance of the town the jurisdiction of the mayor shall ex-
tend one mile beyond the limits of the town. Procuring
or soliciting orders for liquor for another shall be deemed
a sale under this section.

Eleventh. To punish for contempt of court, releasing
or attempting to release a prisoner, or interferring in any
manner with any oflicer in the exercise of his official duties.
Twelfth. To prevent the coming into town of persons
having no visible means of support, aud of persons dan-
gerous to the peace and good order o of the town.

Thirteenth. There shal] 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
any assessment for curbing and paving sidewalks and
bridging gutters, and a like lien on all property, both real
and personal, of each male citizen over the age of twenty-
one years for his street tax, from the beginning of each
year for which it is levied. The council may require real
estate returned delinquent for the non-payment of taxes,
street tax and assessments for curbing and paving side-
walks and bridging gutters, to be sold for such taxes and
assessments, with interest at the rate of ten per centum
per annum from the time when such taxes or assessments
became due and payable, and such per centum for charges
as it may prescribe, such sale to be made in accordance
with the state law.

17. 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, draysa,
wagons, carts, snack venders, hacks, and other wheel
vehicles, and shooting galleries, such sums of money as it
may deem necessary to defray the expenses of the town,
and in such manner as it may deem expedient.

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

19. From and after the passage of this act the present
mayor and council of said town shall have all the powers
and authority herein granted to the officers hereafter to be
elected in pursuance of this charter.

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

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

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