Chap. 491.—An ACT to amend._and re-enact sections 2, 4,5, 8, 9, 12, 19 and 20
of an act approved February 12, 1892, entitled an act,to amend and re-
enact an act passed March; 21, 1836, entitled an act to incorporate the town
of Salem, Botetourt county, Virginia, and all acts amendatory thereto.

Approved March 1, 1894.

1. Be itenacted by the general assembly of Virginia, That sections
two, four, five, eight, nine, twelve, nineteen and twenty of an act
approved February twelfth, eighteen hundred and ninety-two, entitled
an act to amend and re-enact an act passed March twenty-first, eigh-
teen hundred and thirty-six, entitled an act to incorporate the town
of Salem, in the county of Botetourt, and all acts amendatory thereof,
be amended and re-enacted so as to read as follows:

§ 2. The municipal authorities of said town shal! consist of a mayor,
sergeant and six aldermen, who shall be elected every two years by
the qualified voters of-the said town as hereinafter provided.

§ 4. There shall be an election held on the fourth ‘Thursday in
May, eighteen hundred and ninety-four, and every two years there-
after; the voting place in each ward to be fixed by the said council, of
which election and location of voting places the said council shall
give at least ten dayy’ notice prior to such election. The election in
each ward shall be held by three of the qualified voters of said town,
selected by the judge of the county court of said county, and con-
ducted in the manner prescribed in the election laws of this state,
at which election there shall be elected a mayor and sergeant for said
town, who shall be qualified voters of said town, and the persons
receiving a plurality of the aggregate votes cast in the first, second
and third wards for mayor and sergeant, respectively, shall, on quali-
fying as such, on or before the first day of July next after such elec-
tion, be the mayor and sergeant, respectively, of said town; and
at said election the first ward shall elect two aldermen, the second
ward shall elect two aldermen and the third ward shall elect two al-
dermen, all of whom shall be qualified voters of said town and resi-
dents of the ward for which they are elected. The mayor and alder-
men so elected shall constitute the council of saidtown. The mayor,
sergeant and aldermen shall go into office on the first day of July
next after their election, and shall hold their respective offices for the
term of two years. The mayor shall preside at all meetings of the
council, and shall exercise the powers and perform the duties given
and required by this act and the general laws of this state for the
government of towns of less than five thousand inhabitants.

§ 5. The said council shall be the judge of the election of its own
members. Whenever from any cause a vacancy shall occur in the
office of mayor, alderman or sergeant the same shall be filled by the
council at the next regular or called meeting thereof.

§ 8. The said council shall have power to elect a treasurer and sec-
retary for the said town and to appoint all necessary police officers, a
town engineer and town attorney, and prescribe their compensation.
The said treasurer, before he enters upon the duties of bis office,
shall execute a bond, with sureties approved by said council, in pen-
alty double the amount of the revenue of said town, conditioned for
the faithful performance of his duties. The sergeant, before enter-
ing upon the performance of his office, shall execute his bond, with
security approved by said council, in a penalty double the amount of
the revenue of the said town in the preceding year, conditioned for
the faithful performance of the duties of his office. During his con-
tinuance in office as sergeant of said town he shall have within the
corporate limits of said town, and within one mile around the same,
the same powers and perform the same duties and receive the same
fees and be liable to the same penalties as aconstable. In collect-
ing the town taxes the said sergeant may distrain and sell] therefor
in like manner as a treasurer may distrain and sell for state taxes,
and shall have in other respects like powers to enforce the collection
thereof. Should the office of sergeant become vacant by his re-
moval from the limits of said town, resignation or otherwise, the
said council shall have power to appoint a sergeant to serve as
such for the unexpired term. The said sergeant, by and with the
consent of the council, can appoint one or more deputies, and require
bond from same, with penalty conditioned for the faithful perform-
ance of their duties. ‘Che council shall have power to remove any
officer enumerated in this act for malfeasance or misfeasance in
office.

§ 9. Be it further enacted, That the mayor or any two of said
aldermen shall have power to summon a meeting of said council,
which meeting shall be composed of not less than four aldermen,
who, in the absence of the mayor, may elect one of their number
mayor pro tempore, each alderman present having one vote, except
the mayor, who shall have no vote at any meeting except in case of
a tie. The said council, moreover, shall keep a complete record of
all their proceedings and accounts in suitable books, and deliver
such to their successors in office; the same shall at all times be open
to the inspection of persons qualified to vote.

§ 12. Be it further enacted, That in order the better to determine
who shall be liable to taxation in the said town under this act, it is
hereby declared that all persons liable to taxation as hereinbefore
provided, and residing in, or in pursuit of any business, trade or
occupation, calling or profession in said town, as aforesaid, on the
first day of February, annually, shall be subject to taxation the cur-
rent year: provided, however, that whenever satisfactory evidence
shall be presented to said council that any person or persons or
corporation has invested within the corporate limits of said town
the sum of five thousand dollars or more, for the purpose of em-
ploying the said capital strictly in the business of manufacturing
within the said corporate limits any article or articles, the said
council may, if the manufactories be in actual operation, issue to
said person or persons or corporation, who, for the purpose of this
section, may be deemed a manufacturer, a license as such manufac-
turer, and no corporation or town taxes shal] be assessed on or re-
quired to be paid on such license or on said capital whilst so invested
and so employed within the corporate limits, except as provided in
section fourteen of this act, during the period of ten years from the

passage of thig act. ale
§ 19. Be it further enacted, That the corporate limits of the saic
town shall be as follows: Beginning at the point where the corporat
line now crosses the Cove road, north of Salem, thence with the Cov
road six hundred feet northward; thence west five degrees south tc
a point due north of a point two hundred feet west of Langhorne’
mill; thence due south to the river; thence with said river east
ward to a point due south of the line between the lands of the Salen
improvement company and C. W. Burwell; thence northward wit
said Jine to the Big Lick turnpike; thence with the said turnpike
northwest to the present corporate line; thence with same to be
ginning—except the farming lands of Mistress M. D. Logan shal
not be in said corporation.

§ 20. The said town shall be laid off into three wards, which shal
be as follows: The first ward shall begin at a point where the westerr
boundary of the said town crosses Main street; thence with Mair
atreet to Water street; thence with Water street to the river; thence
with the river to the western line of said town; thence with same
to the beginning. The second ward shall begin at the point where
the western boundary of said town crosses Main street; thence with
Main street to College street; thence with College street to Clay
street; thence with Clay street to High street; thence with High
street to the northern boundary of said town; thence with the
northern boundary of said town to the western boundary of said
town; thence with the western boundary of said town to the begin.
ning. The third ward shall be as follows: Beginning at the inter-
section of Main and Water streets; thence with Water street to the
river; thence with the river to the eastern boundary of the town to
the Big Lick turnpike; thence with the corporate line to High street ;
thence with High street to Clay street; thence with Clay street to
College street; thence with College street to Main street; thence
with Main street to the beginning. There shall be elected in the
first ward two aldermen; in the second ward two aldermen, and in
the third ward two aldermen.

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