Chap. 84.—An ACT to amend and re-enact the charter of th
town of Marion, Virginia.

Approved January 22, 1892.

1. Be it enacted by the general assembly of Virginia
That an act passed March fifteenth, eighteen hundred anc
forty-nine, entitled an act to extend the limits of and pro
vide for electing trustees for the town of Marion, in the
county of Smyth, investing them with certain corporate
powers, and all acts amendatory thereof, and amendatory
of any acts amendatory thereof, be amended and re-enacted
so as to read as follows:

§ 1. Be it enacted by the general assembly of Virginia,
That the town of Marion, in the county of Smyth, as char-
tered by act of ausembly, March fifteenth, eighteen hun-
dred and forty-nine, entitled, “an act to extend the limits
of and provide for electing trustees for the town of Marion,
in the county of Smyth, investing them with certain
corporate powers,” and all acts amendatory thereof, and
amendatory of any acts amendatory thereof, as then ex-
tended and as is hereinafter extended, shall continue to
be a body politic in the name of the town of Marion, and
as such shall have, exercise and enjoy all the rights, im-
munities and powers, and be subject to all the duties now
incumbent on the said town as a body politic; shall have
and exercise all the powers and be subject to all the pro-
visions of the code of Virginia of eighteen hundred and
eighty-seven, so far as the same relates to towns of less
than five thousand inhabitants, except so far as may be
herein otherwise provided.

§ 2. That the town of Marion be comprised in the fol-
lowing boundaries, to-wit: Beginning at a point on the
eastern end of the front wall of Hull and Staley’s dam;
thence a straight line in a northeasterly direction to the east -
ern line of the land formerly owned by the Chilhowie iron
company; thence with said eastern line of said Chilhowie
iron company to the rock road; thence with the south side
of said rock road to the Norfolk and Western railroad
line; thence with said railroad line to a stake in the west
side of the Prater crossing; thence northwardly with the
west side of the Prater road to a stake on the west side of
said road, one hundred and fifty yards north of Mrs. Mary
Prater’s dwelling; thence in a straight line to a white oak
corner to Look and Lincoln, and V. S. Morgan’s land;
thence a straight line to the division line between Look
and Lincoln and D. D. Hull, to a stake one hundred and
twenty poles north of the river; thence with said division
line to the centre of the river; thence a straight line to
the north side of the railroad line fifty yards west of the
private crossing of D. D. Hull, just west of his residence;
thence in a southeast course to a white oak, corner of D.
D. Hull and Wm. C. Pendleton’s lands; thence eastwardly
in a straight line to the southwest corner of S. D. Jones’
lot; thence a straight line in a northeasterly direction
crossing Staley’s creek, to the southwestern corner of J.
M. Jones’ lot; thence with J. M. Jones’ southern line to
its intersection with the asylum land; thence with the
line of the asylum land around to the western end of the
front wall of Hull and Staley’s dam; thence across the
dam to the beginning.

§ 8. The municipal authorities of said town shall con-:
sist of one mayor and seven councilmen, who shall be
elected biennially by the qualified voters of said town.
The mayor shall have all powers and privileges such office
confers in the general law governing towns in the state of
Virginia. The mayor and the councilmen shall constitute
the council of said town, and all the corporate powers of
said town shall be exercised by said council or under its
authority, except when otherwise ordered.

§ 4. That the said council shall hold an election bien-
nially, on the fourth Thursday in May, at which said elec-
tion all persons living within the then corporate limits of
said town, who are, under the laws of this state, entitled
to vote, may elect one mayor and seven councilmen, who
are resident citizens and qualified voters in said town, and
twenty-one years old, and qualified to hold office under
the laws of this state, as officers of said town, whose term
of office shall be for two years, or until their successors
shall have been elected and qualified. The first election
under this act shall be held on the fourth Thursday in
May, eighteen hundred and ninety-two; but if from any
cause, the biennial election herein provided shall not be
held on the fourth Thursday in May, it shall be the duty
of the council of said town to order an election as soon
thereafter as may be practicable, after having given ten
days’ notice of the time and place of holding the same.
In case any two or more persons voted for in such election
for the office of mayor, shall receive the same number of
votes cast, and a higher number than any other person
voted for for said office, the judges of said election, who
are hereby designated the commissioners of election of
said town, shal], immediately after canvassing the vote,
ascertain, by lot, who shall be declared elected to said
office. And if two or more persons voted for at said elec-
tion for councilmen shall have received an equal number
of the votes cost, said commissioners shall determine, by
lot, which of said persons shall be declared elected.

§ 5. That the said council shall judge of the election,
qualification and return of its own members. Whenever,
from any cause, a vacancy shall occur in the office of
mayor or councilman, the same shall be filled by the coun-
cil at its next regular meeting.

§ 6. That the said council shall be invested with and
exercise, individually or collectively, all the powers and
authority which can be exercised by justices of the peace
under the charter, by-laws, and ordinances of said town
and under the laws of the state for prosecuting and sup-
pressing unlawful assemblies, distubances, violent and
disorderly conduct within the corporate limits of said
town. They shall have power to enforce fines, not exceed
ing fifty dollars in amount, for violations of the peace as
may be regulated by ordinances of said council, and may
commit to the jail of the said county of Smyth till said
fines are paid, or compel such person or persons 80 com-
mitted to work on the streeta and public buildings for a
term not exceeding sixty days; and to have exclusive ju-
risdiction in all cases arising under the by-laws and ordi-
nances of said town, and to issue any and all proper pro-
cess, whether mesne or final, which may be necessary to
enforce their authority.

§ 7. That for the purpose of carrying into effect the po-
lice regulations of said town, the said town shall be al-
lowed the use of the county jail of Smyth county for the
safe-keeping and confinement of all persons who shall be
sentenced or committed to imprisonment under the ordi-
nances of the said town.

§ 8. That the council of the said town shall have power,
from time to time, to elect such officers as are not pro-
vided for by the constitution, and, if necessary, to appoint,
through the mayor, a police sufficient to preserve order in
saig town, and to elect a recorder, treasurer and sergeant,
and such other officers as may be necessary; to regulate
the salaries of such officers, and to remove any of such
officers and to appoint others, and to require from any
officer a bond, with approved security, for the faithful
performance of his duty; and that the sergeant for the
said town shall have the same power, within the limits
of said town, and for two miles around the same, on all
matters arising within said town as a constable; per-
form the same duties, receive the fees, and be subject to
the same penalties prescribed by law as to constables.
In collecting the town taxes, the sergeant or treasurer
may distrain and sell therefor in Jike manner as county
treasurers, and shall have, in other respects, like power to
enforce the collection thereof.

§ 9. That the mayor, or any two of said councilmen,
shall have power to summon a meeting of said council,
which meeting shall be composed of not less than four
members, besides the mayor, or in his absence a mayor
pro tempore, elected by said councilmen, who may be pres-
ent for the transaction of business, each having one vote,
except the mayor, whoshall have no vote at any meeting
except in case of atie. The said councilmen shall re-
quire the recorder to keep a complete record of al! their
proceedings and accounts in suitable books, and deliver
such to their successors in office; the same shall, at all
times, be open to the inspection of persons qualified to
vote.

§ 10. That the mayor, as chief magistrate of the corpor-
ation, shall preside over the said council, and shall take
care that the by-laws and ordinances of said town be faith-
fully executed; and shall be clothed with all the powers
conferred upon justices of the peace in this commonwealth,
to be exercised within the corporate limits of the said
town of Marion; and he shall also exercise all the powers
of a justice of the peace within the Marion magisterial
district.

§ 11. That the said council shall also have power and
authority to make all necessary provisions to prevent
accidents by fire, and to supply the town with water for
all necessary purposes, and to purchase hose, reels, fire-
hooks, ladders, and other fixtures useful for preventing
accidents by fire, and to organize fire companies. They
shall also have power and authority to establish markets,
and regulate the same, to graduate and pave, and in any
other manner improve the streets, sidewalks and alleys of
said town; to prevent and punish, by reasonable fines, the
practice of firing guns or pistols, or in any manner setting
fire to powder, of running, training or straining horses,
and of all else detrimental to the peace and quiet of said
town; to license and regulate shows and other public ex-
hibitions, and the same to tax to such extent as they may
deem reasonable and expedient; to prescribe rules for the
orderly and regular building of houses and chimneys; to
regulate blacksmith shops and all other shops considered
likely to occasion accidents by fire, and the erection of
stoves and stove-pipes; to regulate the erection of privies,
hog-pens, stables and cow-sheds, and prescribe their loca-
tions; to regulate butcher’s stalls and slaughter-houses ;
to remove and abate nuisances within said town, at the
expense of those who may occasion them; to prohibit
hogs, horses and goats and other animals from running at
large within the limits of said town; to prevent the ex-
hibition of stud-horses or jackasses in said town; and
generally to pass all by-laws and ordinances not contrary
to the Jaws and constitution of this state or of the United
States, which the said council may think necessary and
proper for carrying into effect the foregoing powers, or
that may hereafter be vested in them, and for regulating
the police, preserving the peace, health and good order
and government of said town, and to amend or repeal the
same at their pleasure, and to enforce the observance of
such by-laws and ordinances, under penalties not exceed-
ing fifty dollars for each offence, to be recovered with
costs, in the name of said town, before the mayor of said
town, and applied in aid of the taxes imposed upon said
town.

§ 12. That the council shall also have power and author-
ity to make all necessary by-laws and ordinances to sup-
pres riots or riotous conduct, cursing or swearing, using
profane or obscene language, and to prevent drunkenness,
rambling and all other misdemeanors, and to enforce the
observance of such by-laws and ordinances, under penal-
ies not exceeding fifty dollars for each offence, to be re-
overed with costs, in the name of said town, and applied
n aid of the taxes imposed upon said town.

§ 13. That the council of said town shall have power
ind authority to assess, levy and collect annually a tax
yn real and personal: property within said town; but the
issessed value shall not be higher than the assessment
nade on said property for state purposes, and on such other
subjects within said town as are, or may be taxed by the
revenue laws of this state, and on dogs belonging to per-
ons residing in said town, and for the privilege of carry
ng on any regular business in said town by persons who
Jo not reside within the corporate limits of said town:
orovided, that the tax on real estate and personal property
shall not exceed, in any one year, one dollars on every one
nundred dollars value thereof, and that the poll-tax shall
not exceed fifty cents on each male person in any one year.

$14. That the council of said town shall also have
power and authority to negotiate any loan or loans, for the
purpose of buying necessary real estate, and for the erect-
ing of public buildings, and for the general improvement
of the said town, and the granting of rights of way on
nnd over the streets and alleys of said town to railroad
corporations, electric light companies, or electric car or
horse car companies, and subscribing stock to any com-
pany or corporation, and shal! also have authority to issue
registered or coupon bonds for said loan or loans, or sub-
scriptions, payable at not more than thirty years after
date of said bonds, bearing interest at a rate not greater
than six per centum per annum, payable annually.

§ 15. Before the provisions of the preceding section shall
be operative, the said council shal! give notice in the news-
paper or newspapers published in the town, and shall
cause to be posted up at not less than three of the most
public places in said town, copies of this act, and shall
cause an election to be held at such time as they deem
proper : provided, that no election shall take place sooner
than thirty days after giving notice and the posting of the
copies of this act, as prescribed in this section. If at the
election a majority of those voting in said corporation,
and said majority includes two-thirds of the freeholders
voting at said election, shall be in favor of the provisions
of the act, then the town council shall be authorized to
issue the bonds of said town for said improvements.

§ 16. That the said council shall have power and author-
ity whenever they deem it expedient to have sidewalks
and gutters along any street or alley within said town, of
such width as they may prescribe, properly paved or other.
wise suitably improved and repaired, and altered wheneve1
shey may think fit, one-half of the proper cost and expense
»f the same to be paid by the owner or occupants of the
ands or lots along the front or side of which such foot-
ways, sidewalks or other improvements extend, and to levy
und collect for that purpose a special tax on each of such
ots or pieces of land proportioned to the number of feet
»f the same, fronting on such payment or other improve-
ment, which special tax shall be collected by the sergeant
»f said town, as other taxes on real estate within said
town, are herein directed to be collected. In all cases
where a lessee or tenant shall pay the expense of any such
pavement or improvement along the side or sides of the
land or lot by him occupied, for which land or lot by con-
tract with his lessor or landlord, he shall be bound to pay
rent, the amount of any such expense paid by him, or
collected from him, or made out of his property, shall be
a good and valid set-off against so much of the rent due
or accruing to his ‘lessor or landlord.

§ 17. That all taxes, whether general or special, assessed
upon any land or lot in- said town under this act, are
hereby declared to constitute a lien upon such land or lot,
and if the town sergeant shall not have been able with
due diligence to collect the said taxes within ninety days
from said assessment, he shall, at the first meeting of the
council thereafter, make return, upon oath, of the taxes
so uncollected, and the lands and the lots whereon such
uncollected taxes were levied; and thereupon the said
council shall have the same remedy against the said de-
linquent lot or lands as the commonwealth now has in
similar cases.

§ 18. That whenever anything for which a state license
is required is to be done in said town, the council may re-
quire a town license therefor, and may impose a tax
thereon for the use of said town. But no license to sell
strong or spirituous liquors, wine, beer, ale or porter, or
intoxicating drinks, or intoxicating bitters or mixtures
thereof within said town, or within two miles of its
boundary, shall be granted by any other person or persons
having authority to grant licenses, unless the party ap-
plying therefor, shall produce to such person or persons a
petition signed by two-thirds of the registered voters of
said town, and the certificate of the council of said town
of its unanimous consent to the granting of such license.
The council may require from persons so licensed, a bond
with sureties, payable to the said town, in such penalties
and with such conditions as it may think proper, and
may revoke such license at any time if the conditions
of said bond be broken.

§ 19. That the town treasurer or sergeant, as the council!
may direct, shall collect the taxes in the same manner at
is now provided by law in relation to the collection o!
state taxes by the county treasurers, and the time for pay-
ment shall expire on the thirtieth day of November of
each year. All taxes not paid before the first day of De-
cember, shal] have five per centum added to the amount —
thereof, and the collecting officer shall collect all fines,
levies and licenses, and after thirty days from the time
of receiving the assessor’s books or the said taxes or tax
tickets, may distrain and levy for said taxes, fines, levies
and licenses (in like manner as the collector may for
state taxes, fines, levies and license) and shall, in all re-
spects, have the same power to enforce the payment and
collection thereof.

_ § 20. The said town, persons and property therein, shall
be exempt from all road service, and taxes for the support
of the poor, or for free school purposes outside of its cor-
porate limits: provided the said town shall! keep its streets
and alleys in good order, and shall support its own poor
and levy its own school tax. °

§ 21. Be it further enacted, That the councilmen of the
town of Marion shal!l have the- power to close or extend,
widen or barrow, lay out or graduate, pave and otherwise
improve streets and public alleys in the town, and have
them properly lighted and kept in good order, and they
shall have, over any street or alley in said town, which
has been or may be ceded to the town, like authority as
over other streets or alleys. In the meantime, no order
shall be made, and no injunction shall be awarded, by any
court or judge to stay the proceedings of the said council-
men in doing the works authorized by this act, unless it
be manifest that they, their officers, agents or servants,
are transcending the authority given them by this act,
and that interposition of the court is necessary to pre-
vent injury that cannot be adequately compensated in
damages. The said councilmen shall not, however, have
the authority to take or use for the purpose of extending,
widening or laying out streets, any private property for
said streets, or for any other public purpose, without
making to the owner or owners thereof, just compensation
for the same. But in all cases where the said council-
meu cannot, by agreement, obtain title to the ground nec-
essary for the purposes above described, it shall be lawful
for the said councilmen to apply to and obtain from the
circuit or county court of Smyth county for authority to
condemn the same, which shall be applied for and pro-
ceeded with as provided by law.

§ 22. Whenever any new streets shall be laid out, or
when any street shall be widened, or graded, or any other
public improvement whatsoever made, the said council-
men may determine what portion, if any, of the expenses
thereof ought to be paid from the public treasury of the
town, and what portion by owner of real estate benefited,
or they may order and direct that the whole expense be as-
sessed upon the owner of the real estate benefited thereby.
But no such public improvement shall be made to be de-
frayed, in whole or in part, by a local assessment, until
first requested by a petition signed, at least by a majority
of the owners of property to be assessed for such improve-
ment, or unless at least three-fourths of all the councilmen
shall concur in voting any improvement to be expedient, or
in determining to make the same after allegations have been
heard, in which case, no petition or request shall be nec-
essary. The councilmen shall have the same power to col-
lect such local assessments for improvements as are vested
in them for the collection of taxes; and shall have author-
ity to pass such by-laws and ordinances as may be neces-
sary for the proper execution of the power vested in them
by this and the preceding sections, the said by-laws and
ordinances to be passed as other by®laws and ordinances
are required to bé passed.

§ 23. Be it further enacted, That all acts and parts of
acts coming within the purview of this act shall be, and
the same is hereby, repealed.

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