Chap. 964.—An ACT to incorporate the town of Buchanan, and to repeal an act
entitled an act to incorporate the towns of Buchanan and Pattonsburg, in the
county of Botetourt, under the name of the town of Buchanan, approved Janu-
ary 19, 1882. and acts amendatory thereof, and to repeal an act entitled an act
to amend and re-enact an act entitled an act to enlarge the powers of the town
of Buchanan, in the county of Botetourt, approved March 3, 1800, approved
February 25, 18u2.

Approved March 4, 1898.

1. Be it enacted by the general assembly of Virginia, That the towns
of Buchanan and Pattonsburg, in the county of Botetourt, as the same
have been heretofore laid off into streets and alleys, and as the same may
hereafter be further laid off and extended into lots, streets and allevs,
shall be, and the same are hereby, made a town corporate, to be known
as the town of Buchanan, and by that name shall have and exercise all
the powers, rights, privileges and immunities conferred upon towns by
the code of Virginia, so far ag the provisions of said code are not in con-
tlict with the provisions of this act.

2. The government of the said town shall be vested in a mayor, six
councilmen, a sergeant, and such other officers as the council may pro-
vide, who shall be residents of the said town. Three of the councilmen
shall always reside on the north side of James river and three on the
south side of James river. The mayor and councilmen shall constitute
the council of said town. The mayor, councilmen, and sergeant shall be
elected on the fourth Thursday in May, eighteen hundred and ninety-
eight, and every two years thereafter, and shall qualify and enter upon
the discharge of their duties on the first day of July next following their
election, and shall serve until their successors shall have been elected and
qualified: provided, that the officers elected at the election to be held on
the fourth ‘Thursday in May, eighteen hundred and ninety-eight, shall
not qualify and enter upon the discharge of their duties until the firs st day
of September, eighteen hundred and ninety-eight. William T. Zimmer-
man is hereby appointed mayor, and C. P. Dillard, H. F. Good, T. E.
Lackes, 8. O. Schultz, R. M. Strickland, and John B. Keffer are hereby
appointed councilmen, and C. T. B. Fulwiler is hereby appointed ser-
geant, to serve until the first day of September, eighteen hundred and
ninety-cight, or until their successors are elected and qualified. The
town council shall, not less than fifteen days before any election for
oflicers of the town, appoint one registrar and three judges of election,

of whom the recorder shall be one, who shall also act as commissioners
of election, The registrar shall, at the times and in the manner pre-
scribed by law for registration of voters, make and revise lists of all per-
sons qualified to vote for members of the general assembly of Virginia,
who reside in the corporate limits of the said town. Such list of regis-
tered voters shall be placed by the registrar in the hands of the Judges of
election, who shall, at the time and in the manner prescribed by law,

open a poll at the place designated by the proper officer; and the manner
of receiving the ballots and canvassing the votes shall conform to the
general law.

In case it is impossible, by reason of a tie, to decide who is elected to
any office, the recorder shall decide, in the presence of the commissioners,
by lot. Immediately after any election, the recorder shall make out and
deliver to the oflicers clected certificates of their election. The election
shall open at sunrise and close at sunset on the day thereof, and the
judges shall count the ballots, and make return of the result. Said
return, with the ballots sealed up, shall be returned to the town council,
and the return shall be recorded in the record book of said council.
There shall be ten days’ notice of all elections by the sergeant, who shall
post written or printed notices thereof at three or more public places in
said town.

3. The council shall appoint a recorder, treasurer and assessor, who
shall serve until their successors are appointed and qualified. The coun-
cil shall fix the compensation of all officers of said town and the amount
of compensation attached to any office may be increased or diminished
by the council during the term of said office. The assessor, sergeant
and treasurer shall each give bond in such penalty and with such security
as may be required by the council and approved by the mayor. Said
bond shall be payable to the corporation, and the mayor shall give
judgment and execution against any one of said officers, and his surety
upon his official bond for neglect of duty, and the sergeant or otber
officer to be designated by the mayor shall sell under this execution as
the sheriff sells under an execution from court.

4. The assessor shall commence annually on the first day of February,
eighteen hundred and ninety-eight, or as soon thereafter as possible, and
annually thereafter, and proceed without delay to ascertain all the real
estate in said town and the person to whom the same is chargeable with
taxes, on that day obtaining the value thereof from the books of the
commissioner of the revenue for Botetourt county, Virginia, and shall
enter the same in the assessor’s book, as of February first, eighteen hun-
dred and ninety-eight, and annually thereafter, together with all male
persons over twenty-one years of age residing in said town, all real and
personal estate and the value of all moneys and credits of persons re-
siding therein, as designated in section four hundred and eighty-seven
of code of Virginia, said values to be taken from the books of the
commissioner of revenue, kept open to the public in clerk’s office of
Botetourt county, Virginia, and all these shall be subject to equal and
uniform taxation. He shall issue tickets for all the taxes voted by the
council, and shall deliver the same to the sergeant on or before the
first day of July of each year, taking his receipt for thesame. The
sergeant shall commence on the first day of July of each year to col-
lect the town taxes and may distrain and sell therefor as treasurers do fur
county and state taxes. On the first day of December of each year he
shall make up a statement of all taxes collected by him, verify the same
by affidavit, and present the same to the town council ‘at its first meet-
ing thereafter. Any person failing to pay any taxes by the first day of
December shall incur a penalty thereon of five per centum, which shall
be added to the amount of the taxes. Onor before the first day of June
he shall make his final settlement with the town council, furnishing a
statement verified by affidavit, of all moneys collected by him on ac:
count of taxes and penalties, and from other sources, since his last state-
ment, and also a list of insolvent and delinquents. All moneys collected
by the sergeant shall be turned over by him to the town treasurer and
the treasurer's receipt taken therefor. The town council may at any
time require statements from and examine the books of the sergeant,
treasurer and assessor. The sergeant shall be a conservator of the peace,
and be invested with the full powers of a constable of Botetourt county
within the corporate limits of said town, and within one mile of said
limits, and shall perform such other duties ag may be required of him
by the mayor or council. The recorder, treasurer and assessor shall per-
furm such duties relating to their respective offices as the council may
prescribe.

5. The council shall have power to mark accurately bounds of exist-
ing strects, and to compel the removal of obstructions therefrom, and
to lay off and pave new streets, alleys, and sidewalks, and to provide
and protect shade trees thereon. The mayor’s court shall have the

same jurisdiction for condemning land for streets, alleys, and sidewalks
of said town as the county court has for condemning land for roads in
the county. The council shall further have power to provide against
and prevent accidents by fire; to establish and regulate markets; to pre-
vent the running at large of hogs, dogs, horses, ‘and. other animals; to
prevent the encumbering of streets, sidewalks, and alleys in any manner
whatever; to make sanitary regulations in reference to contagious or
other diseases; to regulate the building of all houses, stables, privies,
hog pens, and slaughter- houses; to abate nuisances at the expense of
those who cause them: to restrain and punish drunkards, vagrants,
mendicants, and street beggars: to appoint police and to prescribe their
duties and compensation; and to make, pass, and ordain such rules,
regulations, and by- laws as they may deem necessary and proper for
the internal and general good, safety, health, and convenience of said
town and the inhabitants thereof, and for enforcing the provisions of
this charter. They shall punish all violations of law by fine or im-
prisonment, or both, in the discretion of the mayor: provide -d, the ac-
cused shall have the right of appeal to the county court in all cases
whatever wherein the fine shall exceed twenty-five dollars or the im-
prisonment exceed thirty days. The authorities of said town, with the
consent of the county court, entered of record, shall have the right to
use the county jail whenever it may be needed by them. Whenever
judgment shall be rendered against any person for fines, and there be
no visible effects which the sergeant may distrain and sell therefor, the
person so in default may be compelled to work out such fines, on the
streets or other public improvements, and to suffer, in addition, s such
term of imprisonment as may be prescribed by ordinances of said
town. All fines for violation of the ordinances of said town shall be
paid into the treasury of said town, and shall be appropriated as the
council may determine.

6. The mayor shall be the presiding officer of the council, and he
shall have the power to suspend any officer of said corporation for neglect
of duty or disorderly behavior. The council shall have the power to
remove all officers, and may fine members of their own body for disor-
derly behavior, and with the concurrence of two-thirds expel a member.
Any vacancy in office during the term shall be filled by the council.
The mayor shall have, within and one mile beyond the corporate limits
of said town, jurisdiction and authority of a justice of the peace, and
shall be entitled to collect like fees, in addition to such salary or com-
pensation as may be fixed by the council.

In all meetings of the council three councilmen shall constitute a quo-
rum. When the mayor is absent, related to or interested in any offender
of the ordinances, then any one of the council shall be mayor pro tem-
pore, and shall have all the authority for hearing and determining cases
as are vested in the mayor.

The council shall meet on the first Monday night of each month, or
may be convened at any time by the mayor, upon request of three mem-
bers. The councilmen shall be conservators of the peace within one
mile beyond the limits of said corporation.

7. The jurisdiction of the corporate authorities of said town shall ex-
tend one mile beyond the limits thereof for imposing and collecting a
license tax upon all shows, performances, and exhibitions which may

take place anywhere within said extended boundaries. Whenever any-
thing for which a state license is required is to be done in said town, or
within one mile of the corporate limits thereof, the council may require
such corporation license tax therefor as said council may deem proper,
and the said council may, in addition to said license tax, impose a road
or street tax on said privilege not exceeding twenty cents on each dollar
of said state license.

8. The council may annually levy a tax for roads, streets, sidewalks,
and for all other purposes by a two-thirds vote, to be approved by the
mayor, which on no property shall exceed fifty cents on the one hun-
dred dollars’ valuation, except that, on a petition of two-thirds of the
freeholders within the corporation, the council may levy a corporation
tax not to exceed the amount named in the petition. The poll-tax shall
not exceed fifty cents on each male person in any one year. All peti-
tions shall be referred to the committee within five days. Thesaid town
and the taxable persons and property therein shall be exempt and free
from the payment of any poor rates, road tax, or for working county
roads for any year in which it shall appear that said town shall, at its
own expense, provide for its poor or keep its streets in order.

9. Any person applying to the county court of Botetourt county for
license to sell wine, ardent spirits, or liquors of any kind, either as the
keeper of an ordinary, eating-house or as merchants within‘the corporate
limits of said town, or within one mile thereof, shall produce and_ pre-
sent to said courta certificate of the council of the said town that the
applicant is a suitable person, and that no good reason is Known to said
council why said license should not be pranted: and the court of said
county shall not grant any license to sell liquors, wines or ardent spirits
within the limits above prescribed until and unless such certificate is
given.

10. The mayor and council shall have power and authority to depu-
tize any number of citizens of the town, and such as may be in the town
from said county, to assist the sergeant in the full discharge of his du-
ties in all cases of riots or misdemeanors.

11. The council of said town is hereby authorized to extend the cor-
porate limits of said town to a point not more than one and one-half
miles In any direction the council mav determine, and to allow the use
of the streets and alleys of said town for waterworks, gasworks, electric
light works and telegraph and telephone wires, on such conditions as it
mav see fit.

12. The act entitled an act to incorporate the towns of Buchanan and
Pattonsburg, in the county of Botetourt, under the name of the town of
Buchanan, approved January nineteenth, eighteen hundred and eighty-
two, and all acts amendatory thereof, and the act entitled an act to
amend and re-enact an act entitled an act to enlarge the powers of the
town of Buchanan, in the county of Botetourt, approved March third,

eighteen hundred and ninety, approved Febru: ary twenty-fifth, eighteen
hundred and ninety-two, are hereby repealed.

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