Chap. 298.—An ACT to provide a new charter for the city of Roanoke.

Approved February 19, 1804.

1. Be it enacted by the general assembly of Virginia, That the
territory contained within the limits prescribed by an act approved
February twelfth, eighteen hundred and ninety-two, entitled an act
to provide a new charter for the city of Roanoke, as follows, to-wit:
Beginning at the intersection of the present corporation limits with
the road leading to Colonel Tayloe’s residence; thence along said
road to the eastern corner of the land of the Belmont land company ;
thence with the southeastern boundary line of the same, and con-
tinuing same course through the land of the Roanoke land and im-
provement company to the south bank of Roanoke river; thence
up the river with the south bank thereof to the western boundary
line of the Roanoke iron company’s land; thence along the same
and across the Norfolk and Western railroad to the northern boun-
dary line of said road; thence along the northern side of said rail-
road land to the Sexton farm; thence with the western boundary
line of said farm to the Salem turnpike, at the southwest corner of
the land of the Melrose land company; thence with the northern
and western boundary lines of said company’s lands to the Salem
turnpike and present corporation line; thence with the present cor-
poration line to the Linwood tract; thence with the western and
northern boundary lines of same, and crossing the Shenandoah Val-
ley railroad to Tinker creek; thence down said creek to the present
corporation line; thence with the same to the beginning, shall be
deemed and taken as the city of Roanoke; and the inhabitants of
the city of Roanoke, for all purposes for which towns and cities are
incorporated in this commonwealth, shall continue to be one body
politic in fact and in name, under the style and denomination of
the city of Roanoke, and as such shall have, exercise and enjoy all
rights and immunities, powers and privileges, and be subject to all
the duties and obligations now incumbent on and pertaining to said
city as a municipal corporation.

2. The said city of Roanoke shall be divided into five wards, as
follows:

The first ward shall consist of all that portion of the city embraced
within the following boundary: Beginning at a point on the Norfolk
and Western railroad north of J. M. Gambill’s mill; thence with
the eastern side of said mill to Third street; thence with Third
street southwest to Franklin road; thence with Franklin road to the
south bank of Roanoke river, at the iron bridge; thence with the
south bank of said river westwardly to the Norfolk and Western rail-
road, at the corner of the Roanoke iron company’s property; thence
with the Norfolk and Western railroad to the place of beginning.

The second ward shall consist of all that portion of the city em-
braced within the following boundary: Beginning at the intersection
of Jefferson street and the Norfolk and Western railroad; thence
with said street southward to the south bank of Roanoke river;
thence with the south bank of Roanoke river westward to Franklin
road ; thence with the western line of the first ward to the Norfolk
and Western railroad; thence with said railroad to the place of
beginning.

The third ward shall consist of all that portion of the city em-
braced within the following boundary: Beginning at the intersec-
tion of the Norfolk and Western railroad and First street northwest ;
thence with said street northward to Gilmer avenue; thence with
gaid avenue eastward to First street northwest; thence with said
street northward to Gainsboro road; thence with Gainsboro road
to Peach road; thence with same to Lynchburg avenue; thence
northward to the boundary line of the city; thence eastward with
said boundary line to Tinker creek; thence with said creek south-
ward to the Norfolk and Western railroad; thence with the south
track of said road to the place of beginning.

The fourth ward shall consist of all that portion of the city em-
braced within the following boundary: Beginning at the intersec-
tion of Jefferson street and the Norfolk and Western railroad ; thence
with the south track of said road to Tinker creek; thence with the
boundary line of the corporation southward to the south bank of
Roanoke river; thence with the south bank of said river to Jefferson
street; thence with the eastern boundary line of the second ward to
the place of beginning.

The fifth ward shall consist of all that portion of the city embraced
within the following boundary: Beginning at the intersection of the
Norfolk and Western railroad and First street northwest; thence
northward with the western boundary line of the third ward to the
northern boundary line of the city; thence with said boundary line
of thecity westward and southward to the Norfolk and Western
railroad; thence with said railroad to the place of beginning.

CHAPTER II.

3. The administration and government of said city shall be vested
in one principal officer, to be styled mayor, and in one body, to be
called the common council for the city of Roanoke, and in such other
bodies and officers as are hereinafter mentioned, or which may be
provided for by the common council.

4. The municipal officers of said city shall consist of a mayor,
twenty common councilmen, a city clerk, a police justice, a treasurer,
an auditor, a clerk of the hustings court, a sergeant, a commissioner
of revenue, One justice of the peace for each ward, one constable, a
commonwealth’s attorney, a clerk of the markets, a city solicitor and
a city engineer.

5. The mayor, sergeant, commonwealth’s attorney, justices of the
peace and constable shall be elected by the qualified voters of the
city on the fourth Thursday in May, eighteen hundred and ninety-
four, and every two years thereafter; the treasurer shall be elected
by the qualified voters of the city on the fourth Thursday in May,
eighteen hundred and ninety-six, and every three years thereafter ;
the clerk of the hustings court shall be elected by the qualified
voters of the city on the fourth Thursday in May, eighteen hundred
and ninety-six, and every six years thereafter; the commissioner of
the revenue shall be elected by the qualified voters of the city on the
fourth Thursday in May, eighteen hundred and ninety-four, and
every four years thereafter.

6. At the general election to be held on the fourth Thursday in
May, eighteen hundred an ninety-four, there shall be elected ten
councilmen to fill the office of those whose term of office shall ex-
pire on the thirtieth day of June, eighteen hundred and ninety-four,
who shall hold office for two years; and thereafter ten councilmen
shall be elected each year at the said general election, whose term of
office shall be two years. The councilmen so elected under this act
shall be elected by the qualified voters of the said city of Roanoke,
each ward to elect its own councilmen, and to be represented in the
council by an equal number.

7. The election of all the foregoing officers shall be held under and
pursuant to the general laws of the state.

8. The term of office of said officers shall begin on the first day of
July succeeding their election.

9. The common council shall elect a city engineer, a city auditor,
a police justice, a city clerk, a clerk of the markets and a city so-
licitor, the first four of whom shall hold office for two years and the
last two for one year, and the common council shall elect such other
officers as it may deem expedient for the proper conduct of the
affairs of the city and in the execution of the powers hereafter con-
ferred upon it, and prescribe their duties and term of office.

10. The term of office of those officers mentioned in the preceed-
ing section, and of all other officers elected by the council, shal! be-
gin on the first day of August succeeding their election.

11. No person shall be eligible to any municipal office in said city
unless he is a qualified voter thereof, nor shall any person be capable
of holding at the same time more than one of the offices mentioned
in this act, and removal from the city of any one holding a munici-
pal office shall vacate said office.

12. The officers elected by the council may be removed from office
for cause after a proper investigation and hearing. In case of any
vacancy occurring in any municipal office where it is not herein
otherwise provided, the said council shall elect a qualified person to
fill said office during the unexpired term.

13. The council shall] grant and pay to all city officers, clerks and
assistants elected or appointed in pursuance of this act such sala-
ries or compensation as shall be fixed by this act, or such as the
said council may from time to time deem just and proper, but no
officers shall be appointed and no salaries paid unless approved by
the council.

14. Any person holding a municipal office and vacating the same
on account of removal or otherwise shal! deliver over to his successor
in office, or to the city clerk, all property, books and papers belong-
ing to the city, or appertaining to such office, which may be in his
possesgion or under his control, and in case of his failure to do so
within ten days after he shall have vacated the office, or within such
time thereafter as the council shall elect, and upon notification or
request of the city clerk, he shall forfeit and pay to said city the sun
of five hundred dollars, to be sued for and recovered, with costs
and all books, records and documents used in such office by virtu
of any provision of this act, or of any ordinance or resolution of th
council, or by order of any superior officer of said city, shall b
deemed the property of said city and as appertaining to said office
and the incumbent of such office and his sureties shall be respon
sible therefor.

15. All officers provided for in this act and all officers elected by
the council shall, before entering upon the discharge of their duties
execute bond, payable to the city of Roanoke, in such penalty a:
said council may prescribe, conditioned for the faithful discharge o:
their respective duties; all sureties to be residents of the state o
Virginia, except well-known and responsible surety companies: pro.
vided that the provisions of this section shall not apply to council.
men, the mayor, justices of the peace, overseers of the poor and the
city physician and board of health.

CuHaPpteR III.

16. The council shall elect annually one of its members as presi-
dent, and when from any cause he shall be absent, it shall elect s
president pro tempore.

17. The president shall have power to call special meetings of the
council, and in case of his absence or refusal, the council may be
convened by order of the clerk upon the request of any five members
in writing, but no special meeting shall be convened until notice
has been served upon each member of the council in person, or by
leaving a copy of the same at his place of abode.

18. The council sha)l fix, by ordinance, the time for holding its
stated meetings, and no business shall be transacted at a special
meeting except that for which it shall have been called.

19. The council shall have authority to adopt such rules and to
appoint such officers, committees and clerks as it may deem proper
for the regulation of its proceedings and the convenient transaction
of its business; to compel the attendance of absent members; to
punish its members for disorderly behavior, and, by a vote of three-
fourths of its members, to expel a member for malfeasance and mis-
feasance in office. It shall keep a journal, in which the clerk shall
record the proceedings of each session, and the same shall be prop-
erly indexed. All resolutions and ordinances shall be recorded in
a book to be called the ordinance book, which shall be properly in-
dexed.

20. The meetings of the council shall be open to the public, ex-
cept when the public welfare shall require secrecy. A majority of
the members shall constitute a quorum for the transaction of busi-
ness; but no ordinance shall be passed or no resolution adopted
having for its object the appropriation of money except by a concur-
rence of a majority of the council. No vote taken at astated meet-
ing shall be reconsidered at a special meeting, unless there be at
least fifteen members present and twelve concur therein.
21. If any member of said council shall be absent from its meet-
gs voluntarily for three consecutive months, his seat shall be
emed vacant, and the unexpired term of his office shall be filled
cording to law; but no member of the council shall be removed
ithout first having received reasonable notice of the action about
be taken.

22. The council shall have, subject to the provisions given in this
t, the control of the fiscal and municipal affairs of said city, and
| property, real and personal, belonging to said city,and may make
ch ordinances and by-laws relative to the same as it may deem
oper, and it shall likewise have power to make such ordinances,
ders, by-laws and regulations as it may deem necessary to carry
t the following powers, which are hereby vested in it:

23. To establish a market or markets in and for said city, and to
point proper officers therefor; to prescribe the time and place for
iding the same; to provide suitable buildings and grounds there-
r,and to enforce such regulations as shall be necessary and proper
prevent huckstering, forestalling and regrating.

24. To erect or to provide, in or near said city, suitable work-
uses, houses of correction and reformation, and houses for the re-
ption and maintenance of the poor and destitute; and it shall pos-
ss and exercise authority over all beneficiaries of the poor law, or
er those who may be entitled to benefits thereunder; to appoint
cessary Officers or other persons proper to be connected with the
oresaid institutions, and to regulate pauperism within the limits
said city; and the council, through the agency it shall appoint
r the direction and management of the poor of the city, shall ex-
cise the powers and perform the duties vested by law in overseers
the poor.

25. To erect and keep in order all public buildings necessary or
oper for said city; to erect within the city a city prison, and said
‘ison shall contain such apartments as shall be necessary for the
fe-keeping of all persons confined therein.

26. To establish or to enlarge water-works, electric-light or gas-
orks within or without the limits of said city; to contract and to
ree with the owners of any land for the use and purchase thereof, or
-have the same condemned according to law, for the location, ex-
nsion, enlargement or improvement of said works, the pipes con-
-ected therewith, or any fixtures or appurtenances thereof, and shall
ave the power to protect from injury, by ordinance prescribing ade-
iate penalties, the said works, pipes, fixtures and lands, or anything
ynnected therewith, or works, fixtures and other appurtenances of
ater and gas companies established under its authority, whether
ithin or without the limits of said city.

27. ‘To open, to close, to improve, to widen or to narrow streets,
venues and alleys, and to have them kept in good order and properly
ehted; to make sidewalks, to build bridges, culverts and sewers
ithin the said city, or to cause to be graded, paved or macadamized
ny public street, avenue or alley, or any part thereof, which is now
r may be hereafter laid out or opened in said city, and to have the
ame set with curb-stone, and shall have power to provide for the
payment of such improvements out of the general revenue, or by
assessment on the real estate benefited thereby, as in the judgment
of the council shall seem expedient; and over any street or alley in
the city, which has been or may be ceded or conveyed to the city by
proper deed, it shall have like power and authority as over other
streets and alleys. It may prevent the building of, or may remove
any structure, obstruction or encroachment upon, over or under any
street, sidewalk or alley in said city, and may permit shade trees to
be planted along said streets, but no company or no individual shall
occupy with its or his works, or with any appurtenances thereof, the
streets, sidewalks or alleys in the city, without the consent of the
council regularly granted by resolution or ordinance.

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

29. To determine and to designate the route and grade of any rail-
road to be laid in said city, and to restrain and to regulate the rate of
speed of locomotive engines and cars upon the railroads within the
said city. |

30. To make provision for and to regulate the weighing of hay,
fodder, oats, shucks or other long forage. It may also provide for
the measuring of oats, corn, grain, coal, stone, wood, lumber, boards,
potatoes and other articles for sale or barter.

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

32. To secure the inhabitants from contagious, infectious or other
dangerous diseases; to establish, to erect and to regulate hospitals,
and to subscribe funds for the maintenance of private hospitals; to
provide for and to enforce the removal of patients to the hospital or
hospitals established by the city or to which the city shall have sub-
scribed; to appoint and to organize a board of health for said city,
and to clothe it with authority necessary for the prompt and efficient
performance of its duties.

33. To require and to compel the abatement and removal of all
nuisances within said city at the expense of the person or persons
causing the same, or of the owner or owners of the ground whereon
the same may be, and to collect said expense by a suit or motion; to
prevent and to regulate slaughter-houses, soap and candle factories
within said city, or to restrain the exercise of any dangerous, offen-
8ive or unwholesome business, trade or employment therein, and to
regulate the transportation of coal and other articles through the
streets of said city.

34. If any ground in said city be subject to be covered with stag-
nant water, or if the owner or owners, occupier or occupiers thereof
shall permit any offensive or unwholesome substance to remain or
accumulate therein, the council may cause such grounds to be filled,
raised or drained, or may cause such substance to be covered or to be
removed therefrom, and may collect the expense for so doing from
the owner or owners, occupier or occupiers, or any of them (except in
cases where such nuisance is caused by the action of the city authori-
ties, or their agents, in which case the city shall pay the expense of
abating the same), by distress and sale in the same manner in which
taxes levied upon the real estate for the benefit of the city are au-
thorized to be collected, or by suit or motion: provided that reason-
able notice shall first be given to said owner or owners, or his or
her or their agent or agents. In case of non-resident owners, who
have no agent in said city, such notice may be given by publication
for not less than ten days in any newspaper published in said city,
all expenses of said publication to be paid by the owner or occu-
pier as above. The occupier of such premises shall only be com-
pelled to pay for the same an amount not exceeding the amount
due by him for rent, and he shall have the right to offset any
amount he may have so paid against the rent due the owner of the
premises.

35. To direct the location of all buildings for storing gunpowder
and other combustibles and explosive substances, and to regulate the
sale and use of gunpowder, fire-crackers or fireworks manufactured
or prepared therefrom, kerosene oil, nitro-glycerine, camphene,
burning-fluid or any other combustible material; to regulate the ex-
hibition of fireworks, the discharge of firearms, the use of lights and
candles in barns, stables and other out-buildings, and to restrain the
making of bonfires in streets and yards.

36. To prevent hogs, dogs and other animals from running at large
within said city, and to subject the same to confiscation, regulations
and taxes, as it may deem proper.

37. To prevent the riding and driving of horses and other animals
at an improper speed; throwing stones or engaging in any employ-
ment or sport on the streets, sidewalks or public alleys dangerous or
annoving to passengers, and to prohibit and punish the abuse or
crue] treatment of horses and other animals in said city.

38. To restrain and punish drunkards, vagrants and street-beg-
gars; to prevent vice and immorality; to preserve the peace and
good order; to prevent and quell riots, disturbances and disorderly
assemblages; to suppress houses-of ill-fame and gambling-housee 3
to prevent and punish lewd, indecent and disorderly exhibitions in
said city, and to expel therefrom persons guilty of such conduct who
have not resided therein as much as one year.

39. To prevent, forbid and to punish the selling or giving away of
liquors and intoxicating drinks to be drunk in any public place not
duly licensed, and the selling or giving to be drunk any intoxicating
drinks or liquors to any child or minor, and the selling or giving
away of cigarettes to any minor under fifteen years of age, and for
any violation of any such ordinance it may impose fines in addition
to those prescribed by the laws of the state.

40. 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.

41. To prescribe the limits within which no building shall be
constructed, except of brick, stone or other incombustible material,
with fire-proof roof, and to impose a penalty for a violation of any
such ordinance, and to appoint one or more persons to inspect build-
ings, and condemn such as are unsound or unsafe.

42. The common council is empowered to hold such lands as may
have already been acquired by the city of Roanoke, to be used as a
place for the burial of the dead, and to acquire by purchase or other-
wise such additional lands as may be necessary for that purpose.
The said council shall also have power to prescribe and enforce all
needful rules and regulations, not inconsistent with the laws of the
state, for the use, protection and preservation of the cemetery or
cemeteries; to set aside, in its discretion, by metes and bounds, a
portion thereof for the interment of strangers and the indigent
poor ; todivide the remainder into burial lots, and to sell or to lease the
same, and to execute all proper deeds and other writings in evidence
of such sale or lease, and to prescribe what class or condition of per-
sons shall be admitted to interment in the cemetery or cemeteries;
and when established or enclosed with the property included in it or
them, shall be exempt from all state, county and municipal taxation.

43. Where by the provisions of this act the council has the au-
thority to pass ordinances on any subject, it 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 im-
posed, shall be imprisoned in the jail of the city for a term not ex-
ceeding ninety days, which penalties may be prosecuted and re-
covered, with costs, in the name of the city of Roanoke, or may com-
pel them to work on the streets or other public improvements of said
city. The accused, if convicted, shall have the right of appeal to
the hustings court of said city.

44. The council shall not take any private property for public pur-
poses without making the owner thereof just compensation for the
same; and when the council cannot, by agreement with the owner,
obtain the title to or the use of such property for such purposes, it
shall be lawful for the said council to institute and prosecute pro-
ceedings for the condemnation thereof according to law.

45. In every case where a street in said city has been or may be
encroached upon by any fence, building or otherwise, the council
may require the owner (if known, or if unknown, the occupant of
the premises encroaching) to remove the same, and if such removal
be not made within the time prescribed by the council, it may im-
pose a penalty of five dollars a day for each and every day it is
allowed to continue thereafter, and may cause the encroachment
to be removed, and may collect from the owner a]] reasonable charges
therefor, with costs, by the same process it is hereinafter empowered
to collect taxes, or by suit or motion, and whatever amount the occu-
pant or tenant may have to pay therefor, for the said amount he shall
have a valid and lawful offset against the rent due or to become due to
his landlord.

46. Whenever any street or lane in said city shall have been
opened to and used by the public for a period of five years, the same
shall thereby become a street, Jane or alley for public purposes, and
the council shall have the same jurisdiction over and right and in-
terest therein as it has by law over the streets, alleys and lanes laid
out by it; and any street or alley reserved in the division or subdi-
vision into lots of any portion of the territory within the corporate
limits of said city by a plan or plat or record, which has been or
may be filed in the clerk’s office of the corporation court of the city
of Roanoke, shall be deemed and held to be dedicated to the public
use, unless it appears by said record that the said street or alley so
reserved is designated for private use. But upon petition of a ma-
jority of the persons interested therein, the council shall have power
to open the same for the use of the public, and a map thereof shall
be filed with the city engineer in case the same is opened for the
ublic.
: 47. Whenever any new street may be laid out, or when any street
may be paved or graded, culverts or sewers built, or any public im-
provement whatsoever made, the council shall determine what por-
tion if any, of the expenses thereof shall be paid out of the city
treasury, and what portion, if any, shall be paid by the owners of the
real estate benefited thereby; and for whatever amount the council
shall decide shall be paid by the owners of the real estate bounding
and abutting on said streets, or benefited by any such improvement,
an assessment shall be levied by the council by the front foot bound-
ing or abutting or benefited as aforesaid, and the council shall pre-
scribe the time and manner in which the said assessment shall be
payable; and when levied it shall be a lien on the property against
which it 18 assessed from the date of such assessment, and shall also
be a personal debt of the owner of the property, which lien and debt
may be enforced by a bill in chancery, suit or motion; but no such
assessment on abutting property shall be made until a plan of such
improvement shall have been made by the city engineer, with an esti-
mate of the cost and the amount to be paid by each abutting owner,
such plan and estimate to be filed in the clerk’s office of the common
council, and a hearing given to said abutting owners before said coun-
cil or committee thereof, after notice: provided that in the construc-
tion of proposed sidewalks or repairs to the same, the council may re-
quire the abutting owners to construct said improvements according
to plans and specifications adopted by the council, in which case notice
shall he served upon the abutting owners to make said improvements
or repairs a8 aforesaid within a reasonable time, and in case any of
them fail to comply with the terms of said notice, then the council
shall proceed to construct said sidewalks or make said repairs, and
levy an assessment against the abutting property for the actual cost
thereof, and said assessment shall be a lien upon the abutting pro-
perty, as other assessments levied under the provisions of this sec-
tion: provided, further, the council may, by a majority vote, instead
of the above, provide for said street improvements and construction
of sidewalks as follows: that is to say, that in order to provide for
the payment of the cost and expenses of said improvements to be
assessed on the abutting property, the council may from time to
time (as such improvement progresses ) issue the bonds of said city
in such sums as may be required, in all to an amount not exceeding
the contract price of the work and other expenses attending the
Bame, and interest as hereinafter provided for. Said bonds shall be
issued as other bonds of cities are issued, but they shall bear the
name of the street or avenue or alley to whose improvement they are
issued, and shall state therein that they are to be paid by an assess-
ment upon the property abutting on the said improvement. Said
bonds shall extend over a period of at least eight years, to be pro-
vided in the ordinance directing the improvement; they shall bear
interest at a rate not exceeding six per centum per annum, payable
semi-annually on the first day of July and January, and principal
and interest payable at the office of the city treasurer.

The said bonds shall be negotiated at not less than par, and the
proceeds shall be applied solely to pay for said improvement, and the
proceeds thereof shall only be paid upon the certificate of the city
engineer of the said city that the work has been done according to
contract. When the whole work is done the amount of the bonds
sold to pay for same, and the interest thereon to the next interest
day, when assessments can be collected as hereinafter provided to
pay the same, shall be taken as the cost of said improvement to be
paid by the abutting property owners, and that amount shall be
assessed equally by the front foot of property fronting or abutting on
the said improvement.

Such assessments shall be payable in equal instalments to meet
said bonds provided for in the ordinance ordering said improvements
at the office of the city treasurer, with interest at the rate provided
for in said bonds, payable semi-annually from the date to which said
semi-annual interest was computed on the amount of said bond, or
so much as remains unpaid from time to time, until all said bonds
and interest are fully paid.

Such assessments, with the interest accruing thereon, shall be a
lien upon the property abutting upon the street, avenue or alley
from the time the contract is entered into for the making of said im-
provement, and shall remain a lien until fully paid, having prece-
dence of all other liens except taxes, and shall not be divested by
any judicial sale unless the payment of same is provided for from
the proceeds of such sale. Said assessments, with the interest ac-
cruing thereon, shall also be a personal debt against the owner of the
property, which lien and debt may be enforced by bill in chancery,
suit or motion: provided that such lien shall be limited to the usual
depth of the lots or Jands abutting on said improvement, and no mis-
take in the description of the property or the name of the owner or
owners shall impair the said lien.

Any owner of property against whom an assessment shall have
been made for such improvement shall have the right to pay the
same, or any part remaining unpaid, in full, with interest thereon,
to the next semi-annual payment of interest due on said assess-
ment, and such payment shall discharge the lien on said property.
If any owner shall subdivide any abutting property after such lien
attaches, he may discharge the lien upon any part thereof in like
manner.

All moneys received from such assessments shall be appropriated
by the proper authorities of said city solely to the payment of the
interest and the redemption of the bonds issued for said improve-
ment or any renewal thereof. If any bond or interest shall be due,
and there is no money on hand with which to pay the same, the city
council shall be authorized to make a temporary Joan to pay said
bonds or interest; but such lien shall continue in force on the abut-
ting property for the full assessments not paid and accruing interest
for such temporary loan in behalf of the city.

48. The council may, by ordinance, make such regulations, not in-
consistent with law, as it may deem expedient in relation to the erec-
tion of buildings, or the alteration of the same; and may regulate
the building, construction, management and inspection of elevators,
hoist-ways, elevator shafts, and plumbing, steam, gas and electric
fitting of buildings in said city.

49. The council may, by ordinance, make such regulations in rela-
tion to the construction of all wagons, carts, carriages, trucks, sleighs,
sleds and other vehicles, or any part thereof, and their loads, pass-
ing over the highways and public places of said city, as it may deem
necessary for the public good.

50. The council shall enact stringent and efficient laws for secur-
ing the safety of persons from fires in halls and buildings used for
public assemblies, entertainments or amusements.

51. In the building of any sewers through the streets or alleys of
said city, the council shall have the authority to contract with the
adjacent property-owners for the temporary use of the adjacent prop-
erty, and pay adequate compensation therefor; and in case the
compensation cannot be agreed upon, the temporary use of such
property may be had by proceedings similar to those employed in
the condemnation of the freehold under the general laws of the
Bta‘e.

52. The council shall have authority to make all such ordinances,
by-laws, rules, regulations and resolutions, not inconsistent with the
laws of this state, as may be. expedient, in addition to the special
powers herein granted, for maintaining the good government and
welfare of the city and its trade, commerce and manufactures, and
to enforce by ordinance and to inflict penalties for a violation thereof
not exceeding one hundred dollars.

53. Every ordinance or resolution partaking of the nature of an
ordinance which shall have been passed by the council shall, before
it become a law, be presented to the mayor; if he approve, he shall
sign it and return the same to the city clerk. In case of his disap-
proval, he shall return the same to the council, with his reasons
therefor in writing, and the council shall have the right to pass such
ordinance or resolttion over his veto by a vote of two-thirds of the
members of the council. In case the mayor fails to either approve
or disapprove an ordinance or resolution, or to return the same to the
clerk within ten days after it has been presented to him, it shall be-
come a law.

CHAPTER IV.

54. Mayor.—It shall be the duty of the mayor to enforce the laws

and ordinances of the city and all orders and resolutions of the coun-
ail =s-— Ha aghall ana that tha Aantiaa af tha varinna city aficere, are faith-
fully performed. He shall have power to investigate their acts and
have access to all books and documents in their office. He shall
also have power to remove or suspend any municipal officer, whether
he be elected by the qualified voters of the city or by the council, for
misconduct in office or neglect of duty, to be specified in the order
of suspension or removal; but no such removal shal! be made without
reasonable notice to the officer complained of, and an opportunity
afforded him to be heard in his defence. Whenever the mayor shall
remove or suspend any such officer, he shall report the facts, with
his reasons therefor, to the council at the next regular meeting, but
in no case shall such removal be final until ratified by a majority of
the whole council: provided, however, that nothing in this section
shall be construed as authorizing the mayor to remove the sergeant
of said city or his deputies, the power and authority to remove said
sergeant and deputies being hereby confined exclusively to the hust-
ings court for the city of Roanoke; said court being hereby empow-
ered to remove, after reasonable notice and an opportunity being
given to be heard, said sergeant or any of his said deputies for mal-
feasance or misfeasance in office.

55. In case of the absence or inability of the mayor, the president
of the council, or in his absence or inability, some other member,
designated by the council, shall act as mayor, and shall possess the
same powers and discharge the same duties as are possessed and dis-
charged by the mayor during such absence or inability.

56. It shall be his duty to communicate to the council at the end
of each fiscal month a general statement of the condition of the city
in relation to its government, finances and improvements, with such
recommendations as he may deem proper.

57. In case a vacancy shall occur in the office of mayor, the presi-
dent of the council shall fill the vacancy for the unexpired term, and
the vacancy thus caused in the council shall be filled according
to law.

58. The mayor of said city shall be removed upon information or
presentment by the hustings court for the city of Roanoke upon proof
of malfeasance or misfeasance in office.

59. The mayor shall receive such salary as shall be fixed by the said
council, and he shall receive no other compensation or emoluments
wnatever, and his salary shall not be diminished during his term of
office.

60. The mayor shall be authorized to appoint a chief of police and
such number of policemen as may be prescribed by the council, which
apppointments shall he reported to the council at the next regular
meeting thereof, and if approved by it, they shall be confirmed.
Such chief and policemen shall constitute the police force of said
city, and shall hold their respective positions during good behavior,
or until they may be severally removed by the mayor, or by three-
fifths vote of the council, after notice to and failure of the mayor to
act, after having been requested to do so by the council. The police
force shall be under the control of the mayor for the purpose of
maintaining peace and order and executing the laws and ordinances
of the city, and shall perform such other duties as the council may
prescribe. For the purpose of enabling it to execute its duties and
powers, each member of the police force is hereby made and consti-
tuted a conservator of the peace, and endowed with all the powers of
a constable in criminal cases, and all other powers which, under the
laws of the city, may be necessary to enable him to discharge the
duties of his office. The uniform, rules and regulations of the
police force shall be prescribed by the mayor and approved by
the council. The pay of all policemen shall be prescribed by the
council.

61. Police justice.—The police justice shall possess all the juris-
diction and exercise all the power and authority in criminal cases of
a justice of the peace for said city, but he shall receive no fees for
services as such police justice. He shall also try all violations of
the city ordinances, and inflict such punishment as may be prescribed
for a violation of the same. 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 said city to discharge the duties
of the police justice prescribed herein, during such inability, and
who shall be paid for such service by the police justice at the
same rate per diem as such police justice receives. From any de-
cision of the police justice affecting the legality or validity of any
ordinance passed by the council, the city shall have the right of an
appeal to the hustings court of said city.

62. The police justice shall keep a regular account of all fines,
forfeitures and costs imposed or arising in the administration of his
office, which he shall report weekly to the auditor. The chief of
police shall collect such fines, forfeitures and costs, and report the
same weekly to the auditor, and pay the same weekly to the treasu-
rer.

63. The police justice shall receive such salary as shall be fixed by
the council, and he shall receive no other compensation or emolu-
ments whatever, and his salary shall not be diminished during his
term of office.

64. Treasurer.—The city treasurer shall receive all the money be-
longing to the city, and shall keep his books and accounts in such
manner as the council may prescribe, and such books and accounts
shall be subject to the inspection of the mayor or any committee of
the council authorized to examine the same.

65. No money shall be paid out except upon warrants of the audi-
or. All money to be paid to the treasurer of the city, except taxes
and other assessments, as the council may so ordain, shall be paid
oy the person liable to pay the same, or his agent, to the treasurer
n the following manner: A warrant shal] first be obtained from the
uuditor, directed to the treasurer to receive the sum to be paid, speci-
fying on what account the payment is to be made. Upon payment
xf the money to the treasurer he shall give a receipt for the same in
duplicate, which receipt shall be carried to the auditor, who shall
andorse on the original receipt the fact that a duplicate thereof has
been filed in his office, and deliver the same to the person entitled
thereto, and shall file the duplicate in his office; and no payment

44 Om ~.3,
made to the treasurer, unless this requirement is complied with,
shall be an acquittance of any claim on the part of the city.

66. The treasurer shall also report to the city auditor at the end
of each fiscal year, and more frequently if required, a full and de-
tailed account of all receipts and expenditures during the fiscal year
in the city treasury. He shall keep a register of all warrants of
every sort, the number and the person to whom paid, specifying also
the time of payment, and all such warrants shall be examined by
the committee on finance, who shall examine and compare the same
with the books of the auditor at the end of each fiscal year, and re-
port its findings to the council.

67. The treasurer shall collect all taxes and assessments which
may be levied by the said city, and perform such other duties as may
be hereafter prescribed and ordained by the council.

68. The treasurer shall be required to keep all money in his pos-
session belonging to the city upon deposit in some safe banking in-
stitution or institutions in the city of Roanoke, and such moneys
shall be deposited to his credit as treasurer of the city of Roanoke;
and he is hereby expressly prohibited from using, directly or in-
directly, the corporation money or warrants in his custody or keeping
for his own benefit or use, or that of any person or persons whomso-
ever, and any violation of this provision shall be deemed a malfea-
sance in office, for which he may be removed by proceedings
instituted in the hustings court for said city. In case of his remo-
val the judge of the hustings court shall appoint a qualified person
to fill said office until the next general election which may be held
in the city, when the qualified voters of said city shall fill the
vacancy by the election of his successor, who shall hold office for the
remainder, if any, of the unexpired term of the officer removed.

69. The treasurer shall receive such compensation as is provided
by law in the case of city treasurers for collecting and disbursing
the revenue, city and school levies and other funds.

70. Auditor.—The auditor shall superintend the fiscal concerns of
the city, and shall manage the eame in the manner required by this
act and the ordinances and resolutions of the council.

71. He shall keep a regular set of books, in which shall be opened
and kept as many accounts, under appropriate titles, as may be
necessary to show distinctly all the estate and property whatsoever,
real and personal, vested in the city by law or otherwise, and of
trusts in the care of the same; all funds due and owing by the city,
all receipts and expenditures in the various departments of the city,
and all appropriations made by the council, and the sums expended
under the same, respectively.

72. He shall, from time to time, and as often as he may deem
necessary, or the council shall direct, suggest plans to the council
for the management and improvement of the city finances.

73. He shall have the supervision and control of the fiscal con-
cerns of all departments and officers of the city who shall collect,
receive or disburse the publio moneys, or who are charged with the
management or custody thereof; and may at any time require from
any of them, in_writing, an account of any and.all, moneys or pro.
perty of the city in their hands or under their control, and he shall
immediately, upon the discovery of any default, irregularity or de-
linquency, report the same to the council.

i414. He shall sign all warrants on the city treasurer, and shal!
not suffer any appropriation made by the council to be overdrawn.
In every case where an appropriation shall be exhausted, and the
object of which is not completed, he shall immediately report to the
council and give such report, with a statement of the moneys which
have been drawn on such appropriation, and the particular purposes
for which they were drawn. Whenever an account against the city
shall be presented to him for payment, the person presenting the
same shall, if the auditor require, produce evidence, first, that the
amount expressed in the account is due to the person in whose favor
it is made; second, that the supplies or services for payment on
which the account is made have been furnished or performed ; third,
he shall have authority to administer oaths or affirmations in verifi-
cation of demands for his signature, but shall not be entitled to receive
anv fee therefor. The council, however, may require, before any
warrant is issued, that the account be submitted to the council.

75. He shall make a report, verified by oath or affirmation, to the
council at the end of each fiscal month, of the public accounts of
said city, and of the trusts in its care, exhibiting all of the expendi-
tures of the city, the sources from which the revenue and funds are
derived, and in what manner the same have been disbursed, each
account to be accompanied by statement in detail, in separate
columns, of the several appropriations made by the council, and the
amount drawn on each appropriation, and the amount standing to
the debit or credit of the same.

76. There shall be kept in the auditor’s office a lien docket, in
which, in proper columns, shall be entered all claims for curbing,
paving, sidewalks, assessments for damages, and all contributions
for opening public streets, lanes and alleys, or parts thereof; for
paving, grading and macadamizing the same; for sewerage and for
any other public improvements, which docket shall at all times be
open to the inspection of the public; and after said lien shall have
been docketed, all persons shall be affected with notice.

77. The auditor shall receive such salary as shall be prescribed by
the council, and the same shall not be diminished during his term of
office.

78. City clerk—There shall be one city clerk elected by the
council, who shall hold office for two years,and until his succes-
sor be elected and qualified, unless sooner removed from office by th
council. :

79. The said clerk shall attend the meetings of the council and
keep a record of its proceedings, and he shall be the clerk of all the
committees thereof; he shall have the custody of the corporate seal
and of all official bonds taken by order of the council or under re-
quirements of law; he shall keep all the papers that by the provi-
sions of this act or the direction of the council are required to be
filed with or kept by him.
80. It shall be his duty, immediately after the close of each ses-
sion of the council, to make and present to the mayor a transcript of
every ordinance, resolution or order, and act of legislative character
concerning any public improvement, or for the payment of money,
and of every ordinance, resolution, order or act of legislative
character passed at such session. He shall in like manner transmit
to the auditor a transcript of all orders, ordinances or resolutions
appropriating money or authorizing the payment of money, the issue
of bonds or notes. He shall in like manner give notice to all per-
sons presenting petitions or communications to the council of the
final action of the council on such petition or communication. He
shall publish such reports and ordinances as the council is required
by this act to publish, and such other reports and ordinances as it
may direct, and shall in general perform such other acts and duties
as the council may from time to time require of: him.

81. Clerk of the hustings court.—There shal! be one clerk of the hust-
ings court for said city, who shall serve for a period of 8ix years, and
until his successor be elected and qualified. He shall receive in
compensation for his services the fees and emoluments allowed by
law to clerks, and such allowances as the council may from time to
time deem just and proper.

82. Commonwealth’s attorney.—There shall be one common-
wealth’s attorney, who shall prosecute in all criminal cases in the
hustings court of said city. 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 for his services such compensation
as may be prescribed by law, and such additional compensation as
the council may from time to time provide.

83. Commissioner of revenue.—There shall be one commissioner
of revenue, who shall hold his office for a period of four vears, and
until his successor be elected and qualified, unless sooner removed
from office. He shall give bond, with sureties, in such amount as
the council may determine, said bond to be approved by the council
and entered on its journal and filed in the office of the city clerk.
In case a vacancy shall occur in the office of commissioner of reve-
nue, the 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 shall be filled by the qualified voters for the unexpired term.

84. The said commissioner of revenue shall perform all the duties
in relation to the assessment of property for the purpose of levying
the city taxes that may be ordered by the 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 council may prescribe or as required by the state law, which
books, records and other papers shall be subject to the inspection
and examination of the mayor, the members of the council or any
committee thereof, and of the city treasurer.

85. To aid the commissioner of the revenue in his duties, the
clerk of the hustings court for said city, as required, shall deliver to
him such lists as are mentioned in section four hundred and thirty-
nine of the code of Virginia of eighteen hundred and eighty-seven,
as far as may relate to lands in said city.

S86. The commissioner of revenue shall receive for his services the
fees allowed by law, and such other compensation as the council
may from time to time direct.

S/. City sergeant.—There shall be 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 pre-
scribed and ordained by the council, and shall receive such compen-
sation therefor as the council may determine.

55. The sergeant shall be collector of delinquent city taxes placed
in his hands by the city treasurer, and for that purpose shall have
all the powers and authority, and be subject to the same liabilities
and penalties as are prescribed for township collectors in the collec-
tion of state taxes and county levies, and may be proceeded against
as far as is applicable and not inconsistent with the provisions of
this act. He shall pay over to the treasurer (or into the treasury of
the city, as may be prescribed by indinanee) weekly, or oftener, if
he thinks proper, all the moneys which come into his hands for
taxes, or otherwise belonging to the city. He shall report to the
council in writig at each stated meeting the amount of money col-
lected by him for the city and paid over as herein directed. Before
entering upon his duty as collector of city taxes, he shall enter into
bond, with sureties to be approved by the council, in such sum as
the council may direct, said bond to be payable to the city of Roa-
noke, and conditioned for the faithful discharge of the duties of said
oflice, and shall be entered upon the journal of the council, and the
original shall be filed in the office of the city clerk.

s9. The sergeant may, with the approval of the court of hustings
for said city, appoint a deputy or deputies, who may be removed
from office by the said sergeant, by the mayor or by the council.
During the continuance in office of the said sergeant, his deputy or
deputies may discharge any of the duties of the office of sergeant, but
the sergeant and his sureties shal! be liable therefor.

90. Constable-—There shall be elected one constable for the city,
who shall hold bis office for the term of two years, and until his suc-
cessor be elected and qualified, unless sooner 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 for other constables, and
shall perform such other duties as the council may ordain or may
be prescribed by the laws of the state.

91. Justices of the peace.—There shall be one justice of the peace
for each ward of said city, who shall be residents of their respective
wards, and shall hold office for the term of two years, and until their
successors be elected and qualified, unless sooner removed from
office. The said justices of the peace shall be conservators of the
peace within the limits of the corporation of Roanoke, and one mile
beyond, and shall have the same powers and duties within said lim-
its and receive for their services such fees as are prescribed by law
in respect to justices of the peace in the counties of this state in
their respective counties.

92. Clerk of the markets.—The clerk of the markets shall perform
such duties and receive such compensation as may be prescribed by
the council. All moneys received by him shall be reported weekly
to the auditor and paid to the treasurer.

93. City solicitor—Al] law matters to which the city may be a
party, or in anywise interested, shall be under the supervision, di-
rection and control of the city solicitor, subject to the direction of
the council. He shall prepare all bonds, obligations, contracts,
leases, covenants, assurances and other documents which may be
required of him by any ordinance or order of the council or the
general laws of the city; commence and prosecute all and every
suit or suits, action or actions, brought by the city for or on account
of the estate, rights, trusts, privileges, claims or demands of the
same, and defend all actions or suits brought against the city or any
officer thereof before any court of this commonwealth, and shall do
all and every professional act incident to the office which may be
required of him by the mayor, the council or any committee thereof.

94. He shall, when required, furnish the council, committees
thereof, the head of any department or the mayor, with his written
opinion on any subject which may be submitted by them to him.

‘95. He shall, at least once in each month, make a report to the
city auditor of all moneys received by him by virtue of his office,
and immediately pay the same to the city treasurer.

96. The city solicitor shall receive such salary as shall be fixed by
the council at the beginning of each fiscal year, and no other com-
pensation, and all fees received by him in his official capacity shall
be paid to the city treasurer monthly, as hereinbefore provided.

97. City engineer.—The city engineer shall make field notes of all
work performed by him for the city and for private individuals
within the city limits, and the same shall be kept in his office for
reference and turned over to his successor.

98. The city engineer shall devote his entire time and attention to
the service of the city in surveying the streets, alleys, lanes and high-
ways thereof, furnish regulations for building and make all neces-
sary plans, drafts or maps which may be required for the use of the
city for highways, paving, surveying or building. All instruments,
paper and other materials necessary for the equipment and supply of
his office shall be furnished by the city, and all maps, draughts or
plans made by the city engineer for the purposes aforesaid and in-
tended for preservation shall be executed on sheets of good draught
paper, and shall, as far as practicable, be all of a uniform size, and
the same shall be the property of the city, and be bound in book
form and be kept among the archives of the city for the use of the
council and the various officers of the city government and the in-
spection of the citizens; and he shall do and perform any other
service that may be required of him hy resolution or ordinance of
the council.
99. The salary of the city engineer shall be fixed by the council,
and all fees received by him in his official capacity shall be paid
over to the city treasurer monthly, in the same manner as is required
for paying in other moneys.

CHAPTER V.

100. General] provisions.—The common council may, in the name
and for the use of the city, cause to be issued certificates of debt or
bonds for making any manner of public improvement, and for public
school buildings and the equipment thereof: provided that no such
certificates of debt or bonds shall be issued except by a three-fourths
vote of the council, endorsed by a majority of the freehold voters of
said city voting on the question; but such certificates of debt or
bonds shall not be irredeemable for a period greater than thirty-four
years: provided, further, that said council shall not issue such cer-
tificates 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 first being authorized to do so by a tbree-
fourths vote of the freehold voters of the city voting on the question:
and provided, further, that in no case shall the aggregate debt of the
city at any one time exceed ten per centum of the assessed value of
the property, real and personal, within the city limits: and provided,
further, that the said council shall not endorse the bonds of any
company whatsoever without the same authority.

101. The council shall have the power to negotiate and secure a
temporary loan by issuing bonds or making notes therefor, bearing
interest at not exceeding six per centum per annum; such bonds,
notes or other evidences of debt to be executed in the same manner
as the bonds provided for in section one hundred are executed: pro-
vided that no such debt shall be created except by a three-fourths
vote of the entire council: and provided further, that such debt
shall be payable or such bonds redeemable within one year from
the creation of such debt or issue of such bonds; but no such debt
or issue of bonds shall at any time exceed in the aggregate twenty-
five thousand dollars.

102. Whenever, hereafter, there shall be contracted by the council
any debt not payable within one year thereafter, there shall be set
apart annually for thirty-four years, or until the debt is paid, a sum
not legs than one per centum of the amount, in addition to the an-
nual interest agreed to be paid thereon, which sum shall be applied
and invested toward the payment of such debt.

103. All contracts for the erection or construction of public im-
provements shall be let to the lowest responsible bidder, and notice
shall be given thirty days before the work is finally let by advertise-
ment in one or more newspapers published in said city, and the
party to whom said contract shall be let shall give such bond as the
council may require; but in no event shall any contract be let to
any member of the council, nor shall any member have any interest
in said contract: provided, however, that the council may have such
work done and public improvements made under its immediate
direction in any case involving expenditure of sums not exceeding
two hundred dollars, and may employ such superintendents, me-
chanics, laborers and teams, and purchase such material as may be
necessary therefor: and provided, further, that in any case involving
the expenditure of sums over two hundred dollars, the council may
reject any and all bids, and by a three-fourths vote order said work
to be done or improvements to be made under its immediate super-
vision, in the same manner as hereinbefore provided for in the case
of work done or improvements made not costing more than two hun-
dred dollars.

104. The council shal] have the power to appoint a superintendent
of public improvements and prescribe his duties, and may grant
him such power and authority over all work under construction for
the city as said council may deem proper, and shall have power at
any time, should such office be created, to suspend or abolish the
same.

105. For the execution of its powers and duties, the council may
raise taxes annually by assessments in said city, on all subjects tax-
able by the state, such sums of money as it shall deem necessary to
defray the expenses of the same, and in such manner as it shall
deem expedient (in accordance with the laws of this state and of
the United States): provided that no tax upon real and personal
property in said city shall exceed one dollar and twenty-five cents
upon the one hundred dollars assessed value thereof: and provided,
also, that no corporation tax shall be levied within the period of
twenty years from the third day of February, eighteen hundred and
eighty-two, upon machinery, implements or money used for the
equipment of any manufacturing establishment to be operated within
said city.

106. The council may levy a tax on gas and water companies, fire-
insurance companies, life-insurance companies, telephone compa-
nies, telegraph companies, building and loan associations, express
companies, investment companies, auctioneers, theatrical or other
like perforformances or shows; to keepers of billiard tables and ten-
pin alleys; to hawkers and pedlars; to agents for the renting or sale
of real estate; to commission, wholesale and retail merchants; and
on each and every kind of business or employment, whether carried
on by individuals, firms or corporations (through agents or other-
wise), or any person whatsoever doing business in said city, and
whether such person, firm or individual be conducting a business or
employment of a character or kind similar to that specially men-
tioned above or not, and any other business, whether a license may
be required therefor by the state or not.

107. Any payment of taxes by the tenant shall be a credit against
the person to whom he owes rent.

108. The council may grant or refuse licenses to owners or keepers
of wagons, drays, carts, hacks and other wheeled carriages kept or
employed in the city for hire, and may require the owners thereof
using them in the city to take out a license therefor, and may assess
a value and require taxes to be paid thereon, and subject same to
such regulations as it may deem proper, and may regulate their

charges. Canalo
109. All goods and chattels, wheresoever found, may be distrained
and sold for taxes assessed and due thereon, and no deed of trust or
mortgage on goods and chattels shall prevent the same from being
aistrained and sold for taxes assessed ayainst the grantor in such

eed.

110. 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
are assessed. The council may require real estate in the city delin-
quent for the non-payment of taxes to be sold for said taxes, with
interest thereon at the rate of six per centum per annum. Such
real estate shall be sold, and may be redeemed in the manner pro-
vided by law.

111. The council may organize and maintain a fire department
for said city, and appoint an engineer, assistants and other officers,
with any and all powers which have been or may be vested by law
in such officers; and it may make rules and regulations for the gov-
ernment of the officers and men of said department; may prescribe
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;
and may make such ordinances as it may deem proper to extinguish
and prevent fires, fo prevent property from being stolen, and to re-
quire citizens to render aid to the fire department in case of need.

112. All bonds, contracts, deeds and other papers shall be executed
by the mayor under the direction of the council, and the seal of the
corporation shall be affixed and attested by the city clerk.

113. The said council shall, by ordinance, provide for any irregu-
lar election not herein provided for, and may appoint the necessary
officers to conduct the same.

114. Unless otherwise specially provided, the persons holding any
of the offices provided for in this act, which have heretofore existed
under the charter in force immediately before its adoption, shall
continue to hold the same under the present election or appointment
until the term of said office, as therein provided, shall expire, dating
the commencement of such term from the time fixed in said former
charter; and all laws and ordinances in force immediately before
the passage of this act, so far as consistent herewith, and all liabili-
ties, actions, claims, contracts and prosecutions arising thereunder,
shall remain and continue as if this act had not passed.

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

116. In every case where this charter creates a new office, and in
case of any vacancy occurring by death, resignation, removal or
otherwise in any office elected by the people, when not otherwise
herein provided, the same shall be filled by appointment by the
council for the unexpired term, and the appointee so appointed shall
hold said office until the end of the term for which his predecessor
was elected.

117. The term of office of each and every member of the board of
public works for said city shall terminate ten days after the passage
of this act; and in each and every instance where the said city has
made contracts, agreements, leases or entered into any contract,
agreement or other obligation whatsoever, or received bonds or obli-
gations for the performance of any contract, or the completion or
maintenance of the same, in which the said board of public works
is required to do and perform any specified act for and on behalf of
the said city, the words “city engineer” shall be substituted therefor,
and all acts performed by him by virtue of such substitution shall be
valid and binding upon all parties interested in said contracts, ob-
ligations or bonds, or any other instrument of writing whatsoever in
which the said city is a party, as though the office of board of public
works remained in force and in fact henceforth.

118. The said city of Roanoke shall pay to the county of Roanoke, in
five equal annual psyments, the first of which payments is to be
made August the first, eighteen hundred and ninety-four, that pro-
portion of seven thousand dollars yet due the said county, which
the value of the real estate taken in by reason of the extension of
the corporation limits of said city, under an act approved February
twelfth, eighteen hundred and ninety-two, sustains to the value
of the whole of the real estate so taken in, and that of Roanoke
county, as ascertained by the assessment of eighteen hundred and
ninety.

119. All acts and parts of acts in conflict herewith be, and are
hereby, repealed.

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