Chap. 205.—An ACT to amend and re-enact an act entitled an act providing
acharter for the city of Staunton, in force March 22, 1872, as amended by
sundry subsequent acts.

Approved February 10, 1894.

CHAPTER I.—ELECTIONS.

1. Be it enacted by the general assembly of Virginia, That the
territory eoantained within the limits nrescribed bv the act entitled
an act rearranging and extending the corporate limits of the town
of Staunton, passed March thirty-first, eighteen hundred and sixty,
and by any act hereafter passed by the general assembly of this
state, shall be deemed and taken as the city of Staunton, and the in-
habitants of the city of Staunton, for all purposes for which towns
and cities are incorporated in the commonwealth, shall continue to
be one body politic, in fact and in name, under the style and denomi-
nation of the city of Staunton, and as such shall have, exercise and
enjoy all the rights, immunities, powers and privileges, and be sub-
ject to all the duties and obligations now incumbent upon and per-
taining to said city as a municipal incorporation.

2. The administration and government of said city shall be vested
in one principal officer, to be ratyled the mayor; one board, to be
called the council of the city of Staunton, and in such other boards
and officers as are hereinafter mentioned or may he provided for by
the council.

3. The municipal officers of the said city shall consist of a mayor,
twelve councilmen, a treasurer, a clerk of the court of hustings, an
attorney for the commonwealth, a sergeant, a commissioner of the
revenue, three justices of the peace for each ward and one constable
for the city.

4. The said city shall be divided into as many wards as the coun-
cil may determine, In such manner as to include, as nearly as may be
consistent with the well defined limits of said wards, an equal num-
ber of votes in each ward.

5. The election of the municipal officers mentioned in the third
section of this act, except the treasurer and clerk of the court of
hustings, shall be held on the fourth Thursday in May next, and on
the fourth Thursday in May in every second year thereafter; the
treasurer shall he elected on the fourth Thursday in May in every
third year thereafter, and the clerk of the court of hustings on the
fourth Thursday in May in every sixth year thereafter; the commis-
sioner of revenue shall be elected on the fourth Thursday in May
next, and on the fourth Thursday in May in every four vears there-
after. Said elections shall be conducted under the provisions of the
general election laws of the state. When two or more persons are
to be elected to the same office, the several persons to the number
required to be chosen having the highest number of votes shall be
declared elected; and the council for the city shall elect at its first regular
meeting after the passage of this act, and at its first meeting in July of each
year, a police justice, a city attorney, a clerk of the market and a collecton
of city taxes and claims, each of whom shall hold office for one year (wher
clected in July), wrless sooner removed for cause by said council ; and the
said council shall define their powers and prescribe their duties, and fiz
their compensation in all cases, ercept where such powers, dutres and coim-
pensation are set forth and prescribed in this act.

6. If it shall appear by said election returns at any election that
any municipal oflicer has not been elected, or if any person elected
to a municipal office shall refuse to accept said office, or if it shal
appear by said elections returns that any such officer shall not have
been elected by reason of two or more candidates having received a1
ual number of votes, the council shall by ballot elect such officer
oflicers, either from among the candidates or citizens qualified to
id office, who shall, after being qualified according to law, hold
ch office or offices until their successors shall be elected and
lalified.

1. The mayor and all other municipal officers of said city, before
tering upon the duties of their respective offices, shall be respec-
rely sworn, in accordance with the laws of this state; such other
ths may be administered by the judge of the court of hustings, by
e clerk of said court or by a notary public duly qualified. If any
rson elected or appointed to any office in said city shall neglect to
ke such oath for thirty days after receiving notice of his election or
ypointment, or shall for the like space of time neglect to give such
curitieg ag may be required of him by the council or by any law or
dinance, he shall be considered as having declined such office, and
ie same shall be deemed and declared vacant; and whenever any
ich vacancy shall occur another election or appointment shall be
ade by the council, and the person so elected or appointed shall
oid said office until his successor shall be elected and qualified.

CuHapPrerR II].—Mayor.

8. The mayor shall be elected by the qualified voters of the city of
taunton for the term of two years, and until his successor shall be
lected and qualified, and no person shall be qualified to hold the
lice of mayor except such as shall be qualified to hold office under
ne constitution of this state. His salary shall be fixed by the city
ouncil, payable at stated periods; and he shall receive no other
ompensation or emolument whatever, and no regulation diminish-
ng such compensation after it has been once fixed shall be made to
ike effect until after the expiration of the term for which the mayor
hen in office shall have been elected. The salary of the mayor when
xed shall so continue until changed by the city council as afore-
aid,

9. In addition to the powers granted to him by virtue of this act
that may hereafter be given to him by any other act of assembly.
he mayor shall, by virtue of his office, possess all the jurisdiction
uid exercise all the powers and authority in criminal cases within
he territorial limits of the jurisdiction of the corporation court of
aid city—namely, the court of hustings for the city of Staunton—that
are possessed and exercised by the county justices of this state in
like cases in their respective counties, and also such other powers
and jurisdiction as shall be conferred upon him by the city council
hot in conflict with the constitution and laws of the United State:
and of the state of Virginia.

10, It shall be his duty to communicate to the city council annu.
ally, as soon as may be after the commencement of the fiscal year
and oftener if he shall deem it expedient or be required by saic
council, a general statement of the situation and condition of the
city in relation to its government, finances and improvements, with
such recommendations as he may deem proper.
11. He shall exercise a constant supervision over the conduct of
all subordinate officers; have power and authority to investigate
their acts; have access to all books and documents in their offices,
and may examine said officers and their subordinates on oath. He
shall also have power to suspend or remove such officers for miscon-
duct in ofhice or neglect of duty, to be specified in the order of sus-
pension or removal, but no such removal shall be made without
reasonable notice to the oficer complained of and an opportunity be
afforded him to be heard in his defence. On the removal or suspen-
sion of such officer or officers, the mayor shall report the same,
with his reasons therefor, to the city council at their next stated
meeting.

12. In case of the absence or inability of the mayor, the president
of the council shall possess the same powers and discharge the muni-
cipal duties of the mayor during such absence or inability.

13. In case a vacancy shall occur in the office of mayor, the city
council shall elect a qualified person to fill the vacancy until the
first general election which may be held in the city thereafter, when
the vacancy shall be filled by election for the unexpired term.

CuapterR III.—City Council.

14. The council of the city shall be composed of twelve members.
Each ward shal] be represented by an equal number of councilmen,
who shall be residents of their respective wards and be qualified to
hold office. They shall be elected by the electors of their respective
wards and hold their office for two years.

15. In case of any vacancy happening in the city council by death,
resignation, removal from the ward, or otherwise, the city council
shall elect by ballot a qualified person to fill the vacancy until the
next election which may be held in the city, when the vacancy shall
be filled by election for the unexpired term.

16. The city council shall elect one of its members to act as presi-
dent, who shall preside at the meetings of the council and continue
in said office during his term of office; and when from any cause he
shall be absent, the council shall elect a president pro tempore, who
shall preside over the council during the absence of the president.
The minutes and record of the proceedings of the council shall be
signed by the presiding officer. The president shall have power to
call a meeting of the council whenever he deems it necessary, ard
in case of his absence or inability, or refusal, the council may be
convened by the order, in writing, of any three members of the
council.

17. The city council shall, by ordinance or resolution, fix the time
for their stated meetings; and no business shall! be transacted at a
special meeting but that for which it shall be called.

18. The city council shall have authority to adopt such rules and
appoint such officers, committees or clerks as they may deem proper
for the regulation of their proceedings, and for the convenient trans-
action of business; to compel the attendance of absent members:
to punish its members for disorderly behavior; and, by a vote of
three-fourth of the whole council, to expel a member for malfeasanc
in office. They shall keep a minute book, in which their clerk shall
in a brief manner, note the proceedings of the council, and shall re
cord said proceedings at large on the record book, and keep the sam«¢
properly indexed. The meetings of the council shall be open ex
cept when the public welfare shall require secrecy.

19. A majority of the members of the council shall constitute :
quorum for the transaction of business, but no ordinance shall b
passed nor resolution adopted having for its object the appropria:
tion or borrowing of money, except by the concurrence of at leas
seven members; and upon the demand of any member, on the pas.
sage of any ordinance or resolution, the yeas and nays shall be
taken and entered on the record. No vote or question decided at a
stated meeting shall be reconsidered or rescinded at a special meeting
unless there be at least ten members present, and seven of ther
shall concur.

2). The city council shall have, subject to the provisions of this
act, the control and management of the fiscal and municipal affair:
of the city, and of all property, real and personal, belonging to said
city,and may make such ordinances, orders and by-laws relating ta
the same as they shall deem proper and necessary; and they shall
likewise have power to make such ordinances, orders, by-laws and
regulations as they may deem necessary to carry out the following
powers which are hereby vested in them:

First. To establish a market or markets in and for 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 shall be necessary and proper to
prevent huckstering, forestalling or regrating.

Second. To erect and provide, in or near said city, suitable work-
nouses, houses of correction and reformation, and houses for the
eception and maintenance of the poor and destitute; and they shall
vossess and exercise authority over all persons within the limits of
he city receiving or entitled to the benefit of the poor laws; appoint
\ecessary Officers and other persons proper to be connected with the
foresaid institutions, and regulate pauperism within the limits of
he city; and the council, through the agency they shall appoint for
he direction and management of the poor of the city, shall exercise
he powers and perform the duties vested by law in overseers of the
00r.

Third. To erect and keep in order all public buildings necessary
ind proper for said city; to erect within the city a city prison, and
‘aid prison shall contain such apartments as shall be necessary for
he safe-keeping and employment of all persons confined therein.

Fourth. To establish, enlarge or operate water-works, gas-works and
‘lectric-light works within or without the limits of the city; to con-
ract and agree with the owners of any land for the use and pur-
hase thereof, or have the same condemned according to law for the
ocation, extension and enlargement of their said works, the pipes
* wires connected therewith, or any of the appurtenances or fix-
ures thereof; and shall have power to protect from injury. by ordi-
nances prescribing adequate penalties, the said works, pipes, fixtures
and land, or anything connected therewith, whether within or with-
out the limits of the said city.

Fifth. To close or extend, widen or narrow, lay out, graduate, curb
and pave, and otherwise improve streets, sidewalks and public allevs
in the city, and have them kept in good order and properly lighted;
and over any street or alley in the city, which has been or may be
ceded or conveyed to the city by proper deed, they shall have like
power and authority as over other streets or alleys; they may build
bridges in and culverts under said streets, and may prevent or remove
any structure, obstruction or encroachment over or under or in any
street,sidewalk or alley in said city, and may permit shade trees to be
planted along said streets; but no company shall occupy, with its
works or any appurtenances thereof, the streets, sidewalks or alleys of
the city without the consent of the council, duly entered of record;
and wherever, In the construction of any sewer or duct, it is neces-
sary that the same should pass through or under private property,
the said council shall have authority to contract and agree with the
owners thereof for the use and purchase of the right of way through
or under the same, or have the same condemned according to law,
and in the mean time no order shall be made and no injunction
shall be awarded by any court or judge to stay the proceedings of
the city in the prosecution of its works, unless it be manifest that
they, their officers, agents or servants are transcending the authority
given them by this act, and that the interposition of the court is
necessary to prevent injury that cannot be adequately compensated
for in damages. The said council shall also have power to authorize
the laying down of railway tracks and the running of cars thereon
ly horse power, electricity or other motive power, in the streets of
the city, under such regulations as the council may prescribe.

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

Seventh. To determine and designate the route and grade of any
railroad to be laid in said city, and to restrain and regulate the rate
of speed of locomotives, engines and cars upon the railroads within
said city, and may wholly exclude such engines or oars, if they
please: provided no contract be thereby violated.

Eighth. To make provision for and regulate the weighing of hay,
fodder, 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.

Ninth. To require every merchant, retailer, trader and dealer in
merchandise, or property of any description which is sold by meas-
ure 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
penalties for any violation of any such ordinance.

Tenth. To secure the inhabitants from contagious, infectious o1
other dangerous diseases; to establish, erect and regulate hospitals;
to provide for and force the removal of patients to said hospitals; te
appoint and organize a board of health for said city, with the au.

thority necessary for the prompt and efficient performance of itt
duties.

on _
Eleventh. To require and compel the abatement and removal of all
nuisances within said city 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 prevent and regulate slaughter-houses and soap
and candle factories within said city; or the exercise of any danger-
ous, offensive or unhealthy business, trade or employment therein,
and to regulate the transportation of coal and other articles through
the streets of said city.

Twelfth. If any ground in the said city shall be subject to be cov-
ered with stagnant water, or if the owner or owners or occupier or
occupiers thereof shall permit any offensive or unwholesome sub-
stance to remain or accumulate therein, the council may cause such
grounds to be filled up, raised or drained, or may cause such sub-
stance to be covered or to be removed therefrom, and may collect the
expense of so doing from the said owner or owners, occupier or occu-
piers, or any of them, by distress and sale, in the same manner in
which taxes levied upon real estate for the benefit of said city are
authorized to be collected: provided that reasonable notice shall first
be given to said owners or their agents; in case of non-resident own-
ers who have no agent in said city, such notice may be given by pub-
lication for not less than four weeks in any newspaper printed in
sald city.

Thirteenth. To direct the location of all buildings for storing gun-
powder and other combustible substances, and to regulate the sale
and use of gunpowder, fire-crackers or other fireworks manufactured
or prepared therefrom, kerosene oil, nitro-glycerine, camphene, burn-
ing fluid or other combustible material; to regulate the exhibition
of fireworks, the discharge of firearms, the use of candles and
lights in barns, stables and other buildings, and to restrain the
making of bonfires in streets and yards. -

Fourteenth. To prevent hogs, dogs and other animals from running
at large in said city, and may subject the same to such confiscations,
regulations and taxes as they may deem proper; and the council
may prohibit the raising and keeping of hogs in the city.

Fifteenth. To prevent the riding or driving of horses or animals at
an improper epeed, throwing stones or the engaging in any employ-
ment or sports 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.

Sixteenth. To restrain and punish drunkards, vagrants and street
beggars; to prevent vice and immorality; to preserve public peace and
good order; to prevent and quell riots, disturbances and disorderly as-
semblages; to suppress houses of ill-fame and gambling houses; to
prevent and punish lewd, indecent and disorderly conduct or exhibi-
tions in said city, and to expel therefrom persons guilty of such con-
duct who have not resided therein as much as one year.

Seventeenth. To prevent, forbid and punish the selling or giving of
liquors and intoxicating drinks to be drunk in any place not duly
licensed; and the selling or givnig to be drunk any intoxicating
liquor to any child or minor, and the selling or giving of cigarettes to
any minor under sixteen years of aye without the consent, in writing, of
his or her parents or guardian; and for any violation of sny such
ordinance may impose fines in addition to those prescribed by the
law of the state.

Eighteenth. To prevent the coming into the city of persons hav-
ing no ostensible means of support and of persons who may be dan-
gerous to the peace and safety of the city, and for this purpose may
require any railroad company or stage company bringing such per-
son to said city to enter into bond, with satisfactory security, that
said person shall not become chargeable to the city for the period of
one year thereafter, or may require and compel said company to
take them back from whence they came and compel said persons to
leave the city: provided that such order to leave be issued within
thirty days after their arrival.

21. Where, by the provisions of this act, the council have au-
thority 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 re-
covered, shall be imprisoned in the jail of the city or in the jail of
Augusta county for any term not exceeding ninety days, which pen-
alties may be prosecuted and recovered, with costs, in the name of
the city of Staunton; and the city council may subject the parent
or guardian of any minor or the mistress or master of any appren-
tice to any such penalty for any such offence committed by any such
minor or apprentice. :

22. No ordinance hereafter passed by said council for the viola-
tion of which any penalty is imposed shall take effect until the
same shall have been published either in one or more of the city
newspapers or 1n handbills, as the council may order; such handbills
shall be posted in at least ten public places in each ward of the
city. A certificate of such posting shall be filed by the sergeant in
the clerk’s office of said council; and all laws regulating and ordi-
nances of said council, certified by the clerk, may be read in evi-
dence in all courts of justice and in all proceedings before any of-
ficer, body or board in which it shall be necessary to refer thereto.

23. The city council shall not take or use any private property
for streets or other public purposes without making to the owner
thereof just compensation for the same; but in cases where the
council cannot, by agreement, obtain title to the ground for such
purposes, it shall be lawful for said council to apply to and obtain
from the circuit or county court of Augusta county, in which the
land is situated, or the judge of the court of hustings for said city,
if the land lies within said city, for authority to condemn the same,
which shall be applied for and proceeded with according to law.

24. In every case where a street in said city has been or shall
be encroached upon by any fence, building or otherwise, the coun-
cil may require the owner, if known, or, if unknown, the occupant
of the premises encroaching, to remove the same; and if such
removal be not made within the time prescribed by the council,
they may impose a penalty of five dollars for each and every day
it ig allowed to continue thereafter, and may cause the encroach-
ment to be removed and collect from the owner all reasonable
charges therefor, with costs, by the same process that they are here-
inafter empowered to collect taxes. No encroachments upon any
street, however long continued, shall constitute an adverse posses-
sion to or confer any rights upon the persons claiming thereunder
as against the said city.

25. Whenever any street, alley or lane in said city shall have
been opened to and used as such by the public for the period
of five years, the same shall thereby become a street, alley or
lane for public purposes, and the council shall have the same
authority and jurisdiction over and rights and interest therein as
they have by law over the other streets, alleys and lanes laid out
by them, and any street or alley reserved in the division or sub-
division into lots of any portion of the territory within the cor-
porate limits of said city by a plat or plan 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; but, upon a petition of a majority of the persons inter-
ested therein, the council shall have the power to open the same
for the use of the public.

26. Whenever any new street shall be laid out, a street graded or

paved, a culvert built, or any other public improvements whatso-
ever made, the council shall determine what portion, if any, of the
expenses thereof shall be paid out of the city treasury and what
portion by the owner of the real estate benefited thereby, and
may order and direct that the whole expense be assessed upon the
owners of real estate benefited thereby. But no such public im-
provements shall be made to be defrayed, in whole or in part, by
local assessment until first requested by a petition signed by at least
a majority of the owners of property to be assessed for such im-
provements, or unless at least three-fourths of all the council shall
concur in voting any improvements to be expedient, or in determin-
ing to make the same, in which case no petition or request shall be
be necessary. The council shall have the same power to collect such
local assessments for Improvements as are hereinafter vested in them
for the collection of taxes. Whenever such local assessments are
levied by the council the clerk of the council shall enter in a book,
to be provided by the city, and kept in his office, the name of the
owner of said prpperty, a description of the property, the amount of
such assessment, the date of the assessment and the time when the
same 18 payable, and such entry, when so made and properly in-
dexed in the name of the owner, shall be notice to all parties, and
especially to purchasers from said owner, of the lien of the city on
said property for the amount of such assessments.
27. The city council shall grant and pay to all city officers, clerk
and assistants, elected or appointed under or 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.

28. If any person, having been an officer of said city, shall not
within ten days after he shall have vacated or been removed from
office, and upon notification and request of the city clerk, or within
such tims thereafter as the city council shall allow, deliver over to
his successor in office all property, books and papers belonging to
the city or appertaining to such office in his possession or under
his control, he shall forfeit and pay to the city the sum of five hun-
dred dollars, to be sued for and recovered, with costs; and all books,
records and documents used in any such office by virtue of any pro-
vision of this act, or of any ordinance or order of the city council
or any superior officer of said city, shall be deemed the property of
said city and appertain to said office, and the chief officer thereof
shall be responsible therefor.

CHAPTER [V.—CitTy OFFICERS.

29. There shall be one city treasurer, one city clerk, one attorney
for the commonwealth, one police justice, one sergeant, one city attor-
ney, one commissioner of the revenue, three justices of the peace in
each ward, one constable, one clerk of the market and one collector of
taxes for the city.

30. The city council may appoint, in addition to those herein pro-
vided for, such officers and clerks as they may deem proper and
necessary, and define their powers and prescribe their duties, and
fix their compensation, and may take from any officer so appointed
a bond, with sureties to be approved by the council, in such penalty
as they may deem proper, payable to the city by itscorporate name,
with condition for the faithful discharge of said duties. A11 officers
appointed by the council may be removed from office at their pleas-
ure. In case of any vacancies occurring in any municipal office,
where it is not herein otherwise provided, the city council shall elect
a qualified person to fill such office during the unexpired term.

81. There shall be elected by the qualified voters of the city of
Staunton on the fourth Thursday in May next, and on the fourth
Thursday in May in every third year thereafter, one city treasurer,
who shall hold his office for the term of three years, and until
his successor be elected and qualified, unless sooner removed from
office. Heshall qualify before the council and give bond, with surety
to be approved by it, in a penalty to be determined by the coun-
cil, but not less in any case than double the amount that will proba-
bly be received by said treasurer as treasurer of the city.

32. The said treasurer shall receive all money*belonging to the
city, and shall keep in his office in some convenient place in the
city. He shall keep his books and accounts in such manner as the
city council may prescribe, and such books and accounts shall
always be subject to the inspection of the mayor and any member of
the city council, or any committee or committees thereof.

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 he shall keep a separate account of each fund
or appropriation, and the debits and credits belonging thereto.

34. All moneys to be paid into the treasury of the city, except
taxes and such other assessments as the city council may so
ordain, shall be paid by the person liable to pay the same, or his
agent, to the treasurer in the following manner: A warrant shall
first be obtained from the clerk of the council directing the treasurer
to receive the sum to be paid, specifying on what account the payment
is to be made; upon the payment of the money tothe treasurer, he
chall give a receipt for the same, which shall be carried to the clerk,
and his receipt therefor shall be the acquittance of the party making
the payment.

39. The treasurer shall also report to the city 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, aud the state of the treasury. He shall also keep a register
of all warrants, their dates, amount, number, the 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 report to the city council by a committee thereof, who
shall examine and compare the same with the books of the clerk,
and report discrepancies, if any, to the city council.

36. The treasurer shall collect all taxes and assessments which
may be levied by said city, and for that purpose shall be invested
with the power and be subject to the liabilities and penalties
now prescribed by law in regard to county treasurers. He shall
also perform such other duties as may be herein prescribed or
ordained by the city council. He may appoint one ormore deputies
to aid him in the duties of his office, who shall qualify in the man-
ner now prescribed for the qualification of deputy sergeant, who
may perform all the duties devolved on the treasurer by law, and
shall be subject to removal by him or by the city council. The
treasurer may take from any person so appointed such bonded secu-
rity as he shall deem necessary for his indemnity; the treasurer and
hig surety shall, nevertheless, be responsible for the performance of
the duties of any such deputy.

37. All moneys received on any special assessment shall be held
by the treasurer as a special fund to be applied to the payment for
which the assessment was made; and said money shall be used for
no other purpose whatever.

v8. The treasurer may be required to keep all moneys in his
hands belonging to the city, in such place or places of deposit
us the city council may by ordinance provide, order, establish or
direct. Such moneys shall be kept separate and distinct from his
own moneys; and he is hereby expressly prohibited from using,
either directly or indirectly, the corporation money or warrants in
his custody or keeping for his own use and benefit, or that of any
person or persons whomsoever; and any violation of this provision
shall subject him to immediate removal from office. In case of his
removal, the city council shall elect a qualified person to fill said
oilice until the next general election which may be held in the city,
When the qualified voters of said city shall, as in other cases, fill
such vacancy by an election of a successor, who shall hold his oftice
for the remainder, if any, of the unexpired term of the officer re-
moved. The compensation of the treasurer shall be the same per
centum as is allowed treasurers under aection six hundred and
thirteen and section six hundred and fourteen of the code of Vir-
ginia, edition of eighteen hundred and eighty-seven, and the acts of
general assembly of Virginia, chapter four hundred and sixty-six,
page five hundred and forty-three (eighteen hundred and eighty-
seven and eighteen hundred and eighty-eight), for the collection of
state taxes.

o9. There shall be one city clerk appointed by the city council,
who shall hold his office for two years and until his successor shall
be appointed and qualify, unless sooner removed from office by the
city couneil.

40. The said clerk shall attend the meetings of the city council
and keep a record of its proceedings. He shall have the custody of
the corporate seal. He shall keep all papers that, by the provision
of this act or the direction of the city 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 city council, to make and
present to the mayor a transcript of every ordinance, resolution and
order concerning any public improvement or for the payment of any
money, and every ordinance, resolution, order and act of a legislative
character passed by the city 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 pay-
ment of money, the issue of bonds or notes. He shall, in like
manner, give notice to all parties presenting communications or
petitions to the city council of the final action of the council on such
communications or petitions. He shall publish such reports and
ordinances as the city council are required by this act to publish,
and such other reports and ordinances as they may direct, and shall
in general perform such other acts and duties as the city council
may from time to time require of him.

41. There shall be elected by the qualified voters of the city on the
fourth Thursday in May next, and on the fourth Thursday in May
in every sixth year thereafter, one clerk of the court of hustings for
the city of Staunton, who shall serve for the period of six years and
until his successor be elected und qualify. He shall receive in
compensation for his services the fees and emoluments allowed by
law to clerks, and such allowance as the city council may from time
to time deem just and proper.

42. There shall be elected by the qualified voters of the city
on the fourth Thursday in May next, and on the fourth Thurs-
day in May in every second year thereafter, one commonwealth’s
attorney, who shall prosecute in all cases in the hustings court of the
city of Staunton. He shall hold his office for a term of two years
and until his successor be elected and qualify, unless sooner removed ;
and shall receive such compensation for his services as may be pre-
scribed by law, and such salary as may be fixed by the city council.

43. There shall be elected by the qualified voters of the city of
Staunton on the fourth Thursday in May next, and on the fourth
Thursday in May in every fourth year thereafter, one commissioner
of the revenue, who shall hold his office for the period of four years
and until his successor shall be elected and qualify, unless sooner
removed from othce. He shall give bond, with surety, in such
amount as the council may determine, said bond to be approved by
the city council, entered on their record and filed in the office of the
city clerk.

In case a vacancy shall occur in the office of commissioner of the
revenue, the city council shall elect a qualified person to fill said
office until the next general election which may be held in the city,
when the vacancy may be filled by election for the unexpired term.

44. The said commissioner of the revenue shall perform all duties
in relation to the assessment of property, for the purpose of levying
the city taxes that 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 manner as
the mavor and the city council may direct and prescribe, which
books, records and other papers shall be subject to the inspection
and examination of the mayor, the members of the city council or
any committee or committees thereof, and of the collector of city
taxes.

45. To aid the commissioner of the revenue in his duties, the clerk
of the court of hustings for the city of Staunton, as required, shal]
deliver to him such lists as are mentioned In sections four hundred and
fifty-nine, four hundred and sirty and four hundred and sixty-one of
chapter twenty-four of the code of Virginia of eighteen hundred and
cighty-seren, a8 far as may relate to the lands in said city. He shall
receive for his services the fees allowed by law and such other com-
pensation as the city council may from time to time direct.

46. There shall be elected by the qualified voters of tho city of
Staunton on the fourth Thursday in May next, and on the fourth
Thursday in May in every second year thereafter, one city sergeant,
who shall attend the terms of the court of hustings for said city, and
act as the officer thereof, and shall perform such other duties as may
be prescribed and ordained by the city council, and shall receive
such compensation therefor as the council may determine.

47. The sergeant may, with the approval of the court of hustings
for the city, appoint a deputy or deputies, who may be removed from
office by the said sergeant, by the mayor or hy the council. During
the continuance in office of said sergeant, his deputy or deputies
may discharge any of the duties of the office of sergeant, but the
sergeant and his sureties shall be liable therefor.

48. There shall be elected by the qualified voters of the city of
Staunton on the fourth Thursday in May next, and on the fourth
Thursday in May in every second year thereafter, one constable for
gaid city, who shall hold his office for a term of two years and until
his successor be appointed and qualify, unless sooncr removed from
office. Said constable shall keep his office in such convenient place
in the city as may be designated by the council, and shall receive
such compensation for his services as is allowed by law. He shall,
in all civil cases, have the same powers and duties, and be subject
to the same penalties as are prescribed by law to other constables,
and shall perform such duties as the city council may ordain, not in
conflict with the provisions of this act, the laws of this state or the
laws of the United States.
49. There shall be clected by the qualified voters of each ward on
the fourth Thursday in May next, and on the fourth Thursday in
May in every second year thereafter three justices of peace for each
ward of the said city, who shall be residents of their respective wards,
and who shall bold office for the term of two years and until their
successors be elected and qualify, unless svoner removed. The ward
justices of the peace shall be conservators of the peace within the
territorial limites over which the corporation court of said city has
jurisdiction, and shall have the same powers and duties within said
limits and receive for their services such fees as are provided by law
In respect to justices of the peace in counties of this state in their
respective counties. But said justices of the peace shall not sit for
the examination of persons accused of felony or misdemeanor or for
the trial of the person accused of misdemeanor, save that the city
council may, if it deem = proper, prescribe by ordinance that one or
more of eaid justices shall discharge some or all of the duties of
police justice.

49. (a) 1. The police justice elected by the city council shall pos-
sess all the jurisdiction and exercise all the powers and authority in
criminal cases of a justice of the peace of said city; but he shall re-
ceive no fees for services as euch police justice. Heshall also try all
violations of the city ordinances and inflict such punishments
and impose such fines as may be prescribed for a violation of the
same. Ile shall also possess all the jurisdiction and exercise all the
powers and authority in civil cases of a justice of the peace of said
city as are now or hereafter shall be provided by law; and in civil
cases he shall be entitled to the fees prescribed by law to justices of
the peace. He shall keep his office and court at the place prescribed
by the council, daily, except Sundays, and if from any cause he shall
be unable to act, the mayor shall appoint one of the justices of the
peace of the eaid city to discharge the duties of police justice pre-
scribed herein during such disability and receive the same com-
pensation.

(a) 2. The police justice shall be the head of the police of the
city, and subject to such provisions and regulations as the council
may prescribe by ordinance; and said police shall be subject to his
authority. He shall hold said police to a strict accountability in
having the city ordinances fully carried out, and for failure to do
their duty he shall suspend them from rank and pay, and report his
actions to the council for adjustment at its first meeting held there-
after. During such suspension he shall have the power to appoint
policemen to fill the vacancies so occurring, whose compensation
shall be that allowed other policemen.

(a) 3. The police justice shall keep a regular account of all fines,
forfeitures and costs imposed or arising in the administration of bis
office, which he shall report weekly to the clerk of the council. The
chief of police shall collect such fines, forfeitures and costs and re-
port the same weekly to said clerk and pay over the same weekly to
the treasurer.

(a) 4. The police justice shall receive such compensation as shal] be
fixed by the city council, and he shall receive no other compensation
or emolument whatever except the fees prescribed by law to justice:
of the peace in civil cases; and his salary shall not be diminishec
during his term of office.

49. (b) The collector of taxes shall collect all taxes and claims o
all kinds due to said city of Staunton placed in his hands by the
city treasurer, and for that purpose shall have all the powers ‘and au
thority and be subject to the same liabilities and penalties as are
prescribed for city treasurers in the collection of state and city
taxes and claims; and may be proceeded against in the same man.
ner, 60 far as applicable and not inconsistent with this act. The
city treasurer shall place in the hands of the said collector for col.
lection all city taxes as soon as the penalty attaches for the non.
pavment of the same, and all other claims at such time as directed
by the city council, and take his receipt therefor. The said collector
shall proceed at once to collect said taxes and claims and shall pay
over to the treasurer of the city (or into the treasury of the city, as
may be prescribed by ordinance) weekly, or oftener if he thinks
proper, all moneys which may come into his hands for taxes or other-
wise belonging to the said city. He shall make full and complete
quarterly settlements on the fifteenth days of March, June, Septem-
ber and December of each year with the city treasurer, under the
supervision of the finance committee of the council, for all taxes and
claims that may come into his hands. He shall report to the coun-
cilin writing at each stated meeting the amount of all moneys col-
lected by him for the city and paid over as herein directed. Said
collector’s receipts to the city treasurer for all taxes and claims thus
placed in his hands for collection shall be a voucher for said treas-
urer in his settlement with the city council, and he, the said treas-
urer, shall receive no compensation for any taxes or claims thus col-
lected by the said tax collector.

Before entering upon the duties of his office as collector of the city
taxes and other claims as above set forth, he, the said collector, shall
furnish a bond issued by some reliable surety and indemnity com-
pany, to be approved by the council, in such sum as the council may
direct, said bond to be payable to the city of Staunton and condi-
tioned for the faithful discharge of the duties of said office. And
fail bond shall be entered on the records of the council and the
original shall be filed in the office of the clerk of the council. And
the council for said city shall, by ordinance, prescribe the compen-
ration to be allowed said collector for the performance of his duties
under this act.

49. (c) The city attorney elected by the council shall be the legal
adviser and attorney for the city in all civil matters, and his com-
pensation shall not be diminished during his term of office.

CHAPTER V.—FINANCES.

50. The city council may, in the name of and for the use of the
city, contract loans, or cause to be issued certificates of debt or bonds ;
but such loans, certificates or bonds shall not be irredeemable for a
period greater than thirty-four years: provided, however, that said
council shall not contract such loans or issue such certificates of debt
or bonds for the purpose of subscribing to the stock of any company
incorporated for a work of internal improvement or other purposes
without being first authorized so to do by three-fourths of the legal
voters of the city voting on the question; and the council shall,
when such debt or loan is created, provide a sinking fund for the
payment of the same: and provided further, that the said council
shall not endorse the bonds of any company whatsoever without the
same authority.

O51. Whenever, hereafter, there shall be contracted by the counci]
any debt, not payable within one year thereafter, there shall be set
apart annually, for thirty-four vears, or until the debt is paid. a sum
not less than one per centum of the amount of such 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.

52. For the execution of its powers and duties the city council may
raise annually, by taxes and assessments in said city on all subjects
taxable by the state, such sums of money as they shall deem neces-
sary to defray the expenses of the same, and in such manner as they
shall deem expedient and in accordance with the laws of this state
and of the United States.

53. The city council may levy a tax on water and gas, on licenses
to agents of insurance companies whose principal office is not
located in said city, to auctioneers, to public theatricals or other
performances or shows, to keepers of billiard tables and ten-pin
alleys, to hawkers and peddlers, to agents for the renting of real
estate, to commission merchants, and any other business for which
a license may be required by the atate.

54. Any payment of taxes made by the tenant, unless under an
express contract contained in his lease, shall be a credit against the
person to whom he owes the rent; and where any tax ig paid bya
fiduciary on the interest or profit of money of an estate invested
under an order of court or otherwise, the tax shall be refunded out
of such estate.

90. The council may grant or refuse licenses to owners or keepers
of wagons, drays, carts, hacks and other wheeled carriages kept or
employ ed in the city for hire, and may require the owners or keep-
ers of wagons, drays or carts, using them in the city, to take out a
license therefor, and may assess and require taxes to be paid thereon,
and subject the same to such regulations as they may deem proper,
and may prescribe their fees and compensation.

56. 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 be-
ing distrained and sold for taxes assessed against the grantor in
such deed while such goods and chattels remain in the grantor’s pos-
session.

o7. There shall be a lien on real estate for the city taxes as as-
sessed thereon from the commencement of the year from which they
were agsessed, and there shall also be a Nenon the real estate on which
loral assessments for improvements may be made for the amount of such
assessments from the time the same is levied by the council. The council
may require real estate in the city delinquent for the non-payment
of taxes or assessments to be sold for said taxes or assessments, 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 es-
tate shall be sold, and may be redeemed in the manner provided by
law.

58. The collector of city taxes shall, under the direction of the
city council, cause a notice of the time and place of such sale to be
published in all the newspapers published in the said city at least
ten days previous to the sale; and he shall also cause to be pub-
lished in one or more of said papers on some day, not more than
twenty days nor less than ten days previous to said sale, a list of
the several parcels of real estate so to be sold, describing therein
each parcel of real estate in the same manner as the same is de-
scribed in the assessment rolls in which the said tax or assessment
igs imposed thereon, together with the name of the person to whom
each parcel is assessed and the amount of the tax or assessment
thereon.

59. If such tax or assessment and the percentage, interest and
expense aforesaid be not paid previous to the day for which said
sale was advertised, or on some day immediately thereafter to which
said sale may be adjourned, the collector shall proceed to make sale
accordingly of the said several parcels of real estate, or so much
thereof as may be necessary, to the highest bidder, and the sale
may be adjourned from day to day until it shall be completed. On
such sale the collector shall execute to the purchaser a certificate of
sale, in which the property purchased shall he described and the
aggregate amount of tax or assessment, with charges and expenses
specified; but the collecter shall not, for himself, either directly or
indirectly, purchase any real estate so sold.

60. If at any such sale no bid shall be made for any such parcel
of land, or such bid shall not be equal to the tax or assessment, with
interest and charges, then the same shall be struck off to the city.
On such sale the collector shall execute to the city a certificate of
sale, in which the property purchased shall be described and the ag-
gregate amount of tax or assessment, with charge and expense speci-
fied, and shall deposit such certificate with the clerk of the hust-
ings court. .

61. The owner of any real estate so sold, his heirs or assigns, or
any person having a right to charge such real estate for a debt, may
redeem the same by paying to the purchaser, his heirs or assigns,
within two years from the sale thereof, the amount for which the
same was sold; and such additional taxes thereon as may have been
paid by the purchaser, his heirs or assigns; or, if purchased by the
city, with such additional sum as would have accrued for taxes
thereon if the same had not been purchased for the city, with inter-
est on the said purchase money and taxes at the rate of twelve per
centum per annum from the time that the same may have been so
paid; or the same may be paid within the said two years to the said
city treasurer in any case in which the purchaser, his heirs or as-
signs, may refuse to receive the same, or may not reside or canno’
be found in the city of Staunton.

62. Any infant, married woman, insane person or person in prison
whose real estate may have been so sold, or his heirs, may redeem the
same by paying to the purchaser, his heirs or assigns, within twe
years after the removal of the disability, the amount for which the
same was so sold, with the necessary charges incurred by the pur.
chaser, his heirs or assigns, in obtaining the title under the sale, anc
such additional taxes on the estate as may have been paid by the
purchaser, his heirs or assigns, and the appraised value of any im.
provement that may have been made thereon, with interest on the
said items at the rate of twelve per centum per annum from the
time the same may have been paid. Upon such payment, within twe
years after the removal of such disability, the purchaser, his heirs
or assigns, shall, at the cost of the original owner, his heirs or as.
signs, convey to him or them, by deed with special warranty, the
real estate so sold.

63. The purchaser of any real estate sold for taxes and not re-
deemed shall, after the expiration of two years from the gale, obtain
from the clerk of the hustings court of the city of Staunton a deed
conveying the same, wherein shall be set forth what appears in his
office in relation to the sale. When the purchaser has assigned the
benefit of his purchase, the deed may, with his assent, evidenced by
his joining therein, or by a writing annexed thereto, be executed te
his assignee. If the purchaser shall have died, his heirs or assigns
may move the court of hustings of said city to order the clerk of the
said court to execute a deed to such heirs or assigns.

64. When the purchaser of any real estate sold for taxes, his heirs
or assigns, shall have obtained a deed therefor, and within sixty days
from the date of such deed shall] have caused the same to be recorded,
such estate shall stand vested in the grantee in such deed as was
vested in the party assessed with the taxes (on account whereof the
sale was made), or any party claiming under or through him at the com-
mencement of the year for which the said taxes were assessed, not-
withstanding any irregularity in the proceedings under which the
said grantee claims title, unless such irregularity appear on the face
of the proceedings. And if it be alleged that the taxes for the non-
payment of which the sale was made were not in arrear, the party
making such allegation must establish the truth thereof by proving
that the taxes were paid.

65. In case that any real estate struck off to the city, as herein-
before provided, shall not be redeemed within the time specified, the
clerk of the hustings court of the city shall, within sixty days after
the expiration of two years from the sale, cause to be recorded such
certificate of sale, with his oath that the same has not been recorded,
and thereupon the said corporation or its assigns shall acquire an
absolute title to the same in fee. The said certificate may be ac-
knowledged or proved and recorded in the same manner that deeds
are recorded, and the said certificate, or the record thereof, or a copy
of said record duly authenticated, shall in all courts and places be
presumptive evidence of the facts therein stated, and of the regu-
larity and correctness of such sale and of all proceedings prior
therefo.

66. The city council may organize and maintain a fire department
for the city, and appoint a chief engineer, assistant and other officers,
with any and all of the powers which may have been or may be vested
hy law in such officers; aud 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 pay and may impose reasonable fines for the breach of such
regulations, aud may make such ordinances as they may deem proper
to extinguish and prevent fires; to prevent property from being
stolen, and to require citizens to render assistance to the fire depart-
ment in case of need.

67. For the purpose of guarding against the calamities of fire, the
city council may from time to time designate such portions and
parts of the city as they may deem proper, within which no build-
ings of wood shall be erected; they may prohibit the erection of
wooden buildings in any portion of the city without their permis-
sion, and shall, on the petition of the owner or owners of at least
one-fourth of the ground included in any square of the city, prohibit
their erection on such square of any building, or addition to any
huilding, unless the outer walls thereof be made of brick and mortar
or stone and mortar; and may provide for the removal of any such
huilding or addition which shall be erected contrary to such prohi-
bition, at the expense of the builder or owner thereof; and if any
such building shall have been commenced before said petition can
he acted upon by the council, or if any building in progress of erec-
tion appears clearly to be unsafe, the council may cause such build-
ine to be taken down.

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

' 69. All ordinances now in force in said city, not inconsistent with
this act, the laws of this state and of the United States, shall be and
remain in force until altered, amended or repealed by said council.

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

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