Chap. 745.—An ACT to amend the charter of the townof Gladeville, in Wise
county.

Approved March 5, 1894.

1. Be it enacted by the general assembly of Virginia, That an
act entitled an act to incorporate the town of Gladeville, in Wise
county, approved February twenty-fourth, eighteen hundred and
seventy-four, and as the same was amended by an act approved
March third, eighteen hundred and seventy-nine, and as the same
was amended by an act approved February twenty-ninth, eighteen
hundred and ninety-two, be, and the same is hereby, amended s0 as
to read as follows:

2. That the boundaries of said town shall be as follows, namely:
Beginning at a dogwood on a rock, north seventeen degrees thirty
minutes west three thousand seven hundred and thirty-three and
fifty-two hundredths feet from a point in the middle of Main street
opposite the centre of the court-house; thence south sixty-two de-
grees thirty minutes east five thousand two hundred and eighty
feet to a stake near a maple by Yellow creek; thence south twenty-
seven degrees thirty minutes west five thousand two hundred and
eighty feet to astake; thence north sixty-two degrees thirty minutes
west five thousand two hundred and eighty feet to a stake; thence
north twenty-seven degrees thirty minutes east five thousand two
hundred and eighty feet to the beginning.

3. The government of said town shall be vested in a mayor, re-
corder, sergeant, four councilmen, and such other officers as are
hereafter mentioned or may be provided for by the mayor and coun-
cil.
4. The election of the officers mentioned in the second section of
this act shall be held on the second Thursday in April, eighteen
hundred and ninety-five, and on the second Thursday in April in
every second year thereafter. Said election shall be conducted under
the supervision of such commissioners as the mayor and council
may appoint for the purpose. In case of a failure to hold said elec-
tion on the day designated, then the same shall be held on such other
day as the mayor and the town council shall designate, of which
they shall give at least ten days’ notice by handbills posted in the
said town, or by publication in a newspaper published in said town.

5. Within three days after any election has been held under this
act, the commissioners who conduct the same shall certify to the
mayor and to the officers elected the names of the persons elected,
which certificate shall be entered among the records of the corpora-
tion.

6. In all elections for officers of the corporation all persons who
are, by the laws of the state, entitled to vote for members of the
general assembly, and who shall have resided in the said town for
three months next preceding the day of the election then to be held,
and who shall have been registered at least ten days before the day
of the election then to be held according to the provisions of this
charter, and the by-laws of this corporation, shall be entitled to
vote.

7. The mayor shall, not less than thirty days before any election
under thischarter, appoint one registrar and three judges of election,
who shall also act as commissioners of election, whose appointment
shall be certified by the mayor to the recorder, whose duty it shall
be to enter the same upon the records of thecorporation. The regis-
trar and judges of election shall hold their offices for one year from
the time of their appointment, and until their successors are ap-
pointed and qualified, according to the provisions of this charter.
The registrar shall, in the manner prescribed by the laws of this
state providing for the registration of voters, make and revise
lists of all persons qualified to vote for members of the general
assembly, and who shall have resided in the corporate limits of said
town for at least three months next preceding the day of the election
to be held.

8. The duties of the commissioners of election provided for in this
act, and the manner of conducting and contesting an election under
this act, shall, so far as the same is practicable, be the same as pre-
scribed by the general election laws of the state for the election of
county, district and corporation officers. -

9. The persons to be elected under the provisions of this act shall
be inhabitants and qualified voters of said town, and it shall be their
duty, on or before the first day of July next after their election, to
take and subscribe the oaths required by law to be taken by county
and district officers, before a justice of the peace or notary public of
Wise county, or before the mayor of said corporation, and they shall
enter upon the discharge of their respective offices on the first day
of July next after their election, and hold their offices for the term
of two years, and till their successors are elected or appointed and
qualified. The oaths taken and subscribed under this section shal]
be filed with the records of said town.

10. When for any cause & vacancy may occur in the office of
mayor, recorder or councilmen, the council shall, by a majority vote
of such as remain, fil] the vacancy from among the citiz
town eligible to the office under this act.

11. The failure of any person elected or appointed und
to qualify, or to qualify and give bond (where a bond is
within the time prescribed by the eighth section of this
vacate the office to which he shal! have been so elected or a
and the failure of any person elected by the council under
section to fill a vacancy, to qualify within five days afte
elected, shall vacate the said office.

12. The mayor shall take care that the ordinances, resol:
by-laws of the council are faithfully executed. He shall
cio, a conservator of the peace within the said town, and sk:
the same exercise all the powers and duties vested by law :
of the peace in criminal cases. He shall have power to is:
tions for all fines and costs imposed under authorit
act, the laws of the state and the ordinances of this tow
quire immediate payment thereof, and in default of such pay
commit the party so in default to the jail of Wise county
fine and costs be paid, but the term of imprisonment sh
case exceed thirty days.

13. The mayor and two members of the council, or three
of the council in the absence of the mayor, shall constitute
to do business. The mayor shall preside at the meeti!
council; in his absence the council shal! select one of tk
bers present to preside, and the proceedings shall be sigr
person presiding. If at any meeting the recorder be a
person presiding shall appoint one of the members press
charge the duties of the recorder for the time.

14. The council shall cause to be kept in a journal an accur
of all its proceedings, which shall be open to the inspection
sons entitled to vote for councilmen. The person presidi
time of any tie vote shall have the casting vote.

15. The recorder shall attend all meetings of the counc
journal of its proceedings, have charge of and preserve tl
of the town, and perform such other duties as the mayor an
may prescribe. .

16. The mayor and council shall, by ordinance or resolu
vide for any election not hereinbefore provided for, and ay
necessary Officers to conduct the same.

17. The sergeant shall, within the jurisdiction of the
said town, have the powers and be subject to all the laws a
to constables, and the mayor and council shall require of
geant a bond, in such penalty and with such conditions :
rity as they may prescribe, which bond shall be entere
journal of the council; and said sergeant shall take and
the oaths required by law of county and district officers,
cute the bond required by the councilmen and mayor bef
ing upon the duties of his office.

18. The mayor and council shall, in addition to the po
ferred by law on town councils generally, have power to res
punish drunkards, vagrants and street beggars, to prevent

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immorality, to suppress houses of ill-fame and gambling-houses, to
prevent and punish lewd and indecent conduct or exhibitions in said
town, and to expel therefrom persons guilty of such conduct, who
have not resided therein as much as one year; also to prevent, forbid
and punish the selling or giving of any liquors and intoxicating drinks
in any place not duly licensed, and the selling or giving of any in-
toxicating drinks to any minor without the consent in writing of
his or her parent or guardian; and for any violation of any ordi-
nance under this section, may impose fines in addition to those pre-
scribed by the laws of this state.

19. To carry into effect these enumerated, and all other legal
powers, the said mayor and town council shall have power to make
and pass all needful orders, by-laws and ordinances not contrary to
the constitution and laws of this state; to prescribe reasonable fines
(in no case, however, exceeding, for one offence, thirty dollars), and
in case the person or persons shall have no visible effects, it shall be
lawful to require such offender to work out such fines, and all jail
fees and other costs, on the street or other public works, under the
direction of the sergeant or other officer of the town. For all pur-
poses named in this act, taxation excepted, the council and mayor,
or person acting mayor, shall have jurisdiction for one mile beyond
the limits of the town. All fines, penalties and imprisonments
shall be recovered or enforced under the judgment of the mayor or
person exercising his functions, and the council may have the right
to use the jail of the said county.

20. To meet any expenditures that may be lawfully chargeable to
the said town for general purposes, and for schools, the council may,
at such times as seem best, levy a town levy of so much as in its
opinion’ may be necessary upon all taxable persons and property
in said town not exempt from taxation by the laws of the state:
provided that a capitation tax greater than fifty cents per head on
the male inhabitants of the town over the age of twenty-one years
shall not be levied in one year; and provided, further, that the tax
so levied for general purposes on the real and personal property do
not exceed ninety cents, and for schools, thirty cents on every hun-
dred dollars of the value thereof for any year.

21. The council may levy a tax on licenses to agents of insurance
companies whose principal office is not located in the said town; to
auctioneers; to public theatrical or other performances or shows;
to keepers of billiards or pool tables, ten-pin alleys and livery
stables; to hawkers and pedlars; to agents for the sale or renting
of real estate; to commission merchants, wholesale merchants, re-
tail merchants of every kind, and to persons engaging in any other
business for which a license may be required by the laws of this
state; and may grant or refuse license to owners or keepers of wagons,
drays, carts, hacks or other wheeled carriages kept or employed in
the town for hire; and may require the owners or keepers of wagons,
drays, hacks or other wheeled carriages using them in the town for
hire, 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 prescribe their fees and compensations.
22. The sergeant shall have the power to collect the town taxes,
levies and fines, and on and after the first day of December in every
year to distrain and sell therefor, in like manner as is now provided
by law for the collection of state taxes, and shall have the same
powers as county treasurers to enforce the payment of such taxes
and levies. And such sergeant may, at any time, be removed by the
council for any default in duty or for failure to promptly and pro-
perly account for any money in his hands, as the council may direct.

23. There shall be a lien on real estate for town taxes and levies
assessed thereon, from the commencement of the year for which they
are assessed, and the council may order and require real estate in
the town delinquent for the non-payment of taxes thereon to be sold
pr rented by the sergeant, at public auction, for the arrears, with in-
terest thereon, with such per centum as the council may prescribe for
charges, and the surplus shall be paid to the person entitled thereto;
and the council may regulate the terms on which real estate so delin-
quent may be redeemed. The sale of real estate sold under this sec-
tion shall be conducted in the same manner and upon the same no-
tice as 18 now provided by law for the sale of real estate delinquent
for state taxes; and when there is a failure to redeem within the
time preacribed by the council, the recorder of the town shall make
conveyance of the real estate so sold, in the same manner as is now
provided by law for conveyances by clerks of courts of land sold for
state taxes. Any lien for town taxes and levies, and any convey-
ances under this section, shall be subject to the lien of the state or
county for all taxes due on the real estate upon which such lien is,
or which may have been so conveyed.

24. The said town and the taxable persons and property therein
shall be exempt and free from payment of any road tax for any year
in which it shall appear that said town shall, at its own expense,
keep its streets in order.

25. The council shall not take or use any private property for
streets or other public use without making to the owner or owners
thereof a just compensation for the same, but in all cases where the
property cannot be obtained by agreement between the council and
said owner or owners, it shall be. lawful for the council to apply to
and obtain from the county or circuit court of Wise county authority
to condemn the same, which shall be applied for and proceeded with
according to law. °

26. In every case where a street in said town has been or shall be
encroached upon by any fence, building or otherwise, the council
may require the owner (if known, or, if unknown, the occupant of
the house encroaching) to remove the same, and if such removal be
not made within the time prescribed by the council, they may im-
pose a fine of five dollars for each and every day it is allowed to con-
tinue thereafter, and may cause the encroachment to be removed and
collect from the owner all reasonable charges therefor, with costs,
by the same process as is hereinbefore provided for the collection of
taxes. No encroachment upon any street, however long continued,
shall constitute any adverse possession to, or confer any rights upon,
the persons claiming thereunder as against the said town.
27. The persons now holding offices in said town shall continue tc
hold the same until their term of office shall expire under the olc
charter, and until their successors shall have duly qualified; and all
laws and ordinances in force immediately before the passage of this
charter for the government of this town, or affecting or relating to
said town, so far as consistent herewith, and all rights, liabilities.
actions, claims, contracts and prosecutions arising thereunder shal!
remaina nd continue as if this act had not passed.

28. All ordinances in force in said town not inconsistent with this
act, the laws of this state and of the United States, shall be and re-
main in force until altered, amended or repealed by the council.

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

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