Chap. 114.—An ACT to amend and re-enact sections 8, 5, 17, 33, 35, 42, 44, 46, 49
and 56 of an act entitled an act to provide a charter for the city of Buena
Vista, approved February 15, 1892.

Approved January 31, 1894.

1. Be it enacted by the general assembly of Virginia, That sec-
tions three, five, seventeen, thirty-three, thirty-five, forty-two, forty-
four, forty-six, forty-nine and fifty-six of an act entitled “an act to
provide a charter for the city of Buena Vista,” approved February
the fifteenth, eighteen hundred and ninety-two, be amended and re-
enacted so that said sections shall hereafter be as follows:

‘3. The municipal officers of the said city shall consist of a mayor,
a treasurer, twelve councilmen, aclerk of the hustings court, an attor-
uey for the commonwealth, a sergeant, a commissioner of the revenue,
a natin of the peace for each ward, and a constable for the city.

5. The election of municipal officers mentioned in the third sec-
tien “oe this act shall be held on the fourth Thursday in May, eigh-
teen hundred and ninety-two, and every second year thereafter, eX-
cept as herein otherwise provided. All of said elections shall be
conducted under the general election laws of the state. When two
or more persons are to be elected to the same office, the several per-
sons of the number required having the highest number of votes
shall be declared elected.

At the general election held in May, eighteen hundred and ninety-
three, there shall be elected by the qualified voters of each ward of
the said city, twelve councilmen from each ward, who shall hold
their offices for the term of one year, and three from each ward for
the term of two years.

At the general election held in May, eighteen hundred and ninety-
four, and every year thereafter, there shall be elected by the qualified
voters of each ward of the said city three councilmen—three from
each ward—who shall hold their offices for the term of two years.
Whenever a new ward is established for said city, there shall be
elected by the qualified voters of said ward six councilmen—three of
whom shall hold their offices for the term of one year, and three for
the term of two years.

The mayor and all municipal officers, before entering upon the du-
ties of their respective offices, shall be sworn according to 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 anv office
in said city shall neglect to take such oath, for thirty daye after re-
ceiving notice of his appointment or election, or shall for the like
period of time neglect to give such securities required of him by the
common council, he shall be considered as having declined such
office, and the same shall be declared vacant, and the same shall be
filled according to the provisions of this act.

§ 17. The common council shall have, subject to the provisions of
this act, the control of the fiscal and municipal affairs of said city,
and of all property, real and personal, belonging to said city, and
make such ordinances, orders, by-laws, and resolutions as they may
deem necessary to carry out the following powers, which are hereby
vested in them:

1. To establish a market or markets in and for the said city, and
appoint proper officers therefor, prescribe the times and places for
holding the same; provide suitable buildings and grounds therefor,
and to enforce such regulations as may be necessary to prevent huck-
stering, forestalling and regrating.

2. To erect and provide in or near said city suitable work- houses,
houses of correction and reformation, and houses for the reception
and maintenance of the poor and destitute, and they shall possess
and exercise authority over all persons within the limits of the city
receiving or entitled to the benefit of the poor laws; appoint the ne-
cessary officers and other persons proper to be connected with the
aforesaid institutions, and regulate pauperism within the limits of
the city; and the council, through the agency they shall appoint for
the direction and management of the poor of the city, shall exercise
the powers and perform the duties vested by law in overseers of the
poor.
3. To erect and keep in order all public buildings necessary or
oper for the said city; to erect within the city a city prison, and
id prison shal! contain such apartments as shall be necessary for
e safe-keeping and employment of all persons confined therein.

4. To establish or enlarge water-works, gas-works, or electric-light
orks within or without the city; to make reasonable assessments or
vies for the use of said water and light, and to provide for the col-
ction of the same as for other taxes; to contract and agree with the
yners of any land for the use and purchase thereof, or to have the
me condemned according to law, for the location, extension or en-
rgement of their said works, the pipes connected therewith, or any
the fixtures or appurtenances thereof; and shall have the power
» protect from injury by ordinance prescribing adequate penalties
e said works, pipes, wires, fixtures and land, or anything connected
erewith, whether within or without the limits of said city.

5. To close or extend, widen or narrow, lay out, graduate, curb and
ave and otherwise improve streets, sidewalks and public alleys in
iid city and have them kept in good order and properly lighted;
nd over any street or alley in said city which may have been or
ay be ceded or conveyed to the city by proper deed, they shall
ave like power and authority as over other streets and alleys. They
ay build bridges in and culverts under said streets and alleys, and
May prevent or remove any structure, obstruction or encroachment
ver, under or in any such streets, alleys or sidewalks in said city,
nd may permit shade trees to be planted along said streets; but no
erson, Company or corporation shall occupy with its works or any
ppurtenances thereof the streets, sidewalks or alleys of the city
rithout the consent of the council, duly entered of record. In the
nean time no order shall be made and no injunction shall be
warded by any court or judge to stay the proceedings of the city in
he prosecution of its works unless it may be manifest that it, its
fficers, agents or servants are transcending the authority given
hem by this act, and that the interposition of the court is necessary
0 prevent injury that cannot be adequately compensated in dam-
zeg,

6. To prevent the cumbering of streets, sidewalks, alleys, lanes or
bridges in the city in any manner whatever.

7. To determine and designate the route and grade of any rail-
road to be laid in said city, and to restrain and regulate the speed
of locomotives and cars upon the railroads within the city.

8. To make provisions for and regulate the weighing of hay, fod-
der, oats, shucks or other long forage. They may also provide for
measuring corn, oats, grain, coal, stone, wood, lumber, boards, pota-
toes and other articles for sale or barter.

9. To require every merchant, retailer, trader and dealer of mer-
chandise or property of any description, which is sold by measure
or weight, to cause their weights and measures to be sealed by the
city sealer, and to be subject to his inspection, and may impose pen-
alties for any violation of any such ordinance.

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

11. To require and compel the abatement and removal of all nui-
sances within said city, at the expense of the person or persons
causing the same, or the owner or owners of the ground whereon the
game shall be; to prevent and regulate slaughter-houses, soap and
candle factories within said city, 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 city.

12. If any ground in said city shall be subjéct to be covered with
stagnant water, or 1f the owner or owners, occupier or occupiers
thereof shall permit any offensive or unwholesome substance to re-
main or accumulate therein, the council may cause such grounds to
be filled, raised or drained, or may cause such substance to be cov-
ered or to be removed therefrom, and may collect the expense of so
doing from the said owner or owners, occupier or occupiers, or any of
them (except in case where the nuisance is caused by the action of
the city authorities or their agents), in which case the city shall pay
the expense of abating the same, by distress and sale in the rame
manner In which taxes levied upon real estate forthe benefit of said
city are authorized to be collected: provided that reasonable notice
shall be first given to the said owners or their agents. In case of
non-resident owners, who have no xugents in said city, such notice
may be given by publication, for not less than four weeks, in any
newspaper published in said city.

13. To direct the location of all buildings for storing gunpowder
and all other combustibles or explosive substances, and to regulate
the use and sale of gunpowder, fire-crackers or fire-works manufac-
tured or prepared therefrom, kerosene oil, nitro-glycerine, camphene,
burning-fluid or other combustible or inflammable material; to regu-
late the exhibition of fire-works, the discharge of fire-arms, the use
of fires, lights and candles in barns, stables and other buildings, and
to restrain the making of bonfires in streets and yards.

14. To prevent hogs, dogs and other animals from running at large
in said city, and may subject the same to such confiscations, regula-
tions and taxes as they may deem proper.

15. To prevent the riding or driving of horses or other animals at
an improper speed, throwing stones or the engaging of any employ-
mentor sport on the streets, sidewalks or public alleys, dangerous
or annoying to passengers, and to prohibit and punish the abuse or
cruel treatment of horses or other animals in said city.

16. To restrain and punish drunkards, vagrants and street beg-
gars; to prevent vice and immorality; to preserve the public peace
and good order; to prevent and quell riot, disturbances and dis-
orderly assemblages; to suppress houses of ill-fame and gambling-
houses; to prevent and punish lewd, indecent and disorderly con-
duct or exhibitions within the jurisdiction of said city, and to expel
therefrom persons guilty of such conduct who have not resided
therein as much as one year.
17. To prevent, forbid and punish the selling or giving liquors and
intoxicating drinks to be drunk in any public place, not fully
licensed, and the selling or giving to be drunk any intoxicating
liquors to any child or minor without the consent in writing of his
or her parents or guardian, and for any violation of any such ordi-
nance may impose fines in addition to those prescribed by the laws
of the state.

18. To prevent the coming into the city of persons having no
ostensible means of support, and of persons who may be dangerous
to the peace and safety of the city.

19. To fill vacancies in its body, and the person so appointed shall
hold during the unexpired time of term of office of the person in
whose place he is appointed.

20. To authorize and regulate the erection of party walls and
fences, and to prescribe how the cost thereof shall be borne by
co-terminous owners.

21. To regulate and control auction sales, livery stables, theatrical
performances or other public shows or exhibitions, the hiring or use
for pay of carriages, carts, wagons and drays, hawkers, peddlers,
persons selling goods by sample, persons keeping billiard tables, ten-
pin alleys and pistol galleries for profit; and as to such trades, occu-
pations and employments, or any other of like nature, may grant or
refuse a license as if may deem proper.

22. To compel persons sentenced to confinement in the jail of the
city for petty larceny or other misdemeanors or violations of the
city ordinances to work on the public streets of the city or to be sent
to the poorhouse, there to perform such labor as the council or over-
seers of the poor appointed by them may direct; and on the requi-
sition of the mayor it shall be the duty of the sergeant of the city to
deliver such persons to the duly authorized agent of the city and for
such purpose from day to day as he may be required.

23. To appoint a city engineer, a collector of delinquent taxes, a
city attorney and such other officers as it may deem proper and ne-
cessary, and may define their term of office, powers, duties and com-
pensation, and may appoint any one person to fill two offices: pro-
vided in no case shall the treasurer be appointed collector of
delinquent taxes. Any office which the council has the power to
create it may abolish at any time, whether the term of office of the
encumbent has expired or not.

24. To change the boundaries of the wards and increase the num-
ber thereof.

25. To give names or to alter the names of streets.

26. To designate from time to time the parts of the city within
which no building of wood shal] be erected, and to regulate the con-
struction of buildings in the city so as to protect it against danger
of fire.

27. To make such regulations and orders as will protect its citizens
against danger from unsafe walls or houses, and to that end shall
have power to cause to be condemned and taken down any such wall
or building, but no such condemnation shall be made or such house
or wall be taken down until the owner thereof, or in case said owner
be an infant or insane person, his guardian or committee he duly
summoned before the board of officers of the city, who shall be
charged by the ordinances with such duty and allowed reasonable
opportunity to show cause against such action.

28. To prescribe any penalty for the violation of any city ordi-
nance not exceeding five hundred dollars or three months’ imprison-
ment in the city jail, and to further provide that the parent or
guardian of any minor or master of any apprentice shall be subject
to a fine for any offence committed by such minor or apprentice.
Any penalty which may be imposed for a violation of an ordinance,
which shall be above one hundred dollars in amount, shall be
prosecuted in the corporation court. Penalties under that sum may
be imposed by the mayor.

29. To pass all by-laws, rules and ordinances not repugnant to the
constitution and laws of this state or of the United States, which
they may deem necessary for the good order and gov ernment of the
city, the management of its property, the conduct of its affairs, the
peace, comfort, convenience, order, morals, health and protection of
its citizens or their property, and to do such other things and pass
such other laws as may be necessary or proper to carry into full
effect any proper authority, capacity or jurisdiction which is or shall
be granted to or vested in said city,or in the common council, courts
or officers thereof, or which may be necessarily incident to a muni-
cipal corporation.

§ 33. No money shall be paid out by the treasurer except upon a
warrant of the clerk of the council, countersigned by the president
of the council, and the said treasurer shall keep a separate account
of each fund and appropriation and the debits and credits belonging
thereto: provided, however, that nothing contained in this section
shall prevent the treasurer from paying such expenditures for the
corporation court as shall be certified by the judge thereof.

§ 35. The treasurer shall furnish from time to time such reports or
statements relating to his office as may be required by the city
council, and at the end of each fiscal year he shall make a final set-
tlement of bis accounts with said council, including the delinquent
returns required by Jaw, and he shall make returns of the tickets
for delinquent city taxes at the same time and in the same manner
that tickets for delinquent state taxes are required to be returned.
He shall also keep a register of all warrants, their dates, amounts,
number and fund from which paid, and the person to whom paid,
specifying also the time of payment; and all such warrants shall be
examined at the time of making such settlement or reports to the
city council by a committee thereof, who shall examine and compare
the same with the books of the clerk and report discrepances, if any,
to the council. For the purposes of the final settlement herein pro-
vided for, the fiscal year shall be considered as ending the thirtieth
day of June. No tax tax tickets for the ensuing year shall be de-
livered to the treasurer until the settlement required by this section
has been made; andif he shall fail to make said settlement, the
common council may in its discretion appoint a collector of city
taxes, to whom said tickets shall be delivered.
§ 42. There shall be elected by the qualified voters of the city, on
the fourth Thursday of May, eighteen hundred and ninety-two, and
every second year thereafter, one commonwealth’s attorney, who
shall represent the commonwealth in all cases in the hustings court
of the city of Buena Vista. He shall hold his office for a term of
two years and until his successor be elected and qualified, unless
sooner removed, and shall receive as compensation for his services
the fees fixed by law and such salary as shall be voted him by the
council of the city.

‘$44. The said commissioner of revenue shall perform the duties
in relation to the assessment of the city property for taxation as
may be ordered by the city council. He shall keep his office in some
convenient place in said city, and shall keep therein such books,
schedules and records, and in such a manner as the mayor and city
council may direct and prescribe, which books, records and other
papers shall be subject to the inspection and examination of the
mayor and city council, the treasurer, the tax collector or any com-
mittee duly appointed by the city council.

§ 46. There shall be elected by the qualified voters of the city of
Buena Vista, on the fourth Thursday in May, eighteen hundred and
ninety-three, and in every second year thereafter, one city sergeant,
who shall have and exercise within the said city all the powers and
duties of sheriffs in their respective counties, and who shall attend
the terms of the hustings court for the said city of Buena Vista and
act as the officer thereof, and shall perform such other duties as shal]
be prescribed and ordained by the city council, and shall receive such
compensation therefor as the city council may determine. He, or
such person as may be designated by the city council, shall be the
collector of the delinquent city taxes, and for that purpose shall have
al! the authority and power, and be subject to the same liabilities
and penalties as are prescribed in the case of collectors of delinquent
state taxes and county levies, and may be proceeded against in the
same manner, so far as applicable and not inconsistent with 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 the city. He shall report to the council in writing at
each stated meeting the amount of all the moneys collected by him
for the city and paid over by him as herein directed. Before enter-
ing upon his duties as collector of city delinquent taxes, he shall
enter into bond, with sureties to be approved by the council, in such
sums as the council may direct, said bond to be payable to the city
of Buena Vista, and conditioned as for the faithful discharge of his
duties as such officer, and shall be entered upon the records of the
council and the original filed in the office of the clerk of the council,
and the provisions of this section, so far as applicable, shall apply to
such person as may be designated by the city council as collector of
delinquent taxes.

$49. There shall be elected by the qualified voters of said city, on
the fourth Thursday of May, eighteen hundred and ninety-three, and
on the same day and month of every second year thereafter, two jus-
tices of the peace, who shall hold office for two years, or until their
successors shall be elected and qualified, unless sooner removed from
office. The said justices shall have the same jurisdiction, exercise
the same powers and perform the same duties as are prescribed by the
general laws of the state with reference to justices of cities and towns,
and receive for their services such fees as are provided by law in re-
spect to justices of the peace in counties of the state.

§ 56. All goods and chattels, wheresoever found, may be distrained
and sold for taxes due thereon, and no deed of trust or mortgage upon
goods and chattels shall prevent them from being distrained and sold
for taxes assessed ayvainst the grantor in such deed of trust or mort-
gage, and all property owned by persons chargeable with water or
light, taxes, or other special assessments by the city, shall also be
liable for the payment of such taxes or assessments in the same
manner and to the same extent as for taxes annually levied for
general city purposes, as hereinbefore provided.

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