Chap. 749.—An ACT to amend and re-enact an act entitled an act to define
the corporate limits and charter for the city of Williamsburg, approved
March 17, 1884.

Approved March 6, 1900.

1. Be it enacted by the general assembly of Virginia, That the
act entitled an act to define the corporate limits and charter for the
city of Williamsburg, approved March seventeenth, eighteen hundred
and eighty-four, be amended and re-enacted so as to read as follows:

2. The corporate limits and bounds of the city of Williamsburg are
hereby established and defined as follows: Beginning at a point on the
main stage road, at the head of the first ravine north of said stage road,
on the property of Samuel Harris; thence down the centre of said ravine
until the southern boundary line of the right of way of the Chesapeake
and Ohio railroad company is reached; thence along said southern bound-
ary line of the right of way in an easterly direction, until the western
boundary of Waller street is reached; thence along said western boundary
until the land of L. W. Lane, senior (known as the Lively lot), is reached;
thence along the southern, western, and northern boundaries of said
Lively lot until the western boundary of the said Waller street is again
reached; thence along said western boundary until Queen’s creek is
reached; thence along said creek around the lands there belonging to the
city of Williamsburg, the same comprising about seventeen (17) acres,
more or less; thence to the eastern boundary of the said Waller street
and along said eastern line until the lands of L. W. Lane, junior (known
as the tan-yard property), are reached; thence along the northern,
eastern, and southern boundaries of said lot until the said Waller street
is again reached; thence along said Waller street to the aforesaid south-
ern boundary line of the right of way of the said Chesapeake and Ohio
railroad company; thence in an easterly direction until the western
boundary of the lands of James Gilliam are reached; thence south across
the York road one hundred feet south of the southern boundary of said
roadway into and adjoining the property of Mistress R. M. Smith; thence
in a straight line to a large white oak tree in the barn-yard of the said
Mistress R. M. Smith; thence westerly in a straight line to a white oak
tree at the head of the ravine on the property of the Eastern State
hospital, first south of the male part of said hospital; thence westerly
in a straight line to the eastern boundary of Henry street; thence south
along said street until Cedar Grove cemetery is reached; thence along the
northern, eastern, and southern boundaries of said cemeteries to the
aforesaid Henry street; thence along said street to the eastern branch of
College creek; thence along the southern and western limits of the dock
located thereon; thence along the lands there belonging to the city of
Williamsburg to the western boundary of said Henry street; thence
along the said street to a point opposite the said oak trees south of the
male park as hereinbefore described; thence in a straight line to a point
where the property of William and Mary college joins the lands of
Robert A. Bright; thence north along said dividing line to the main
stage road; thence west along the ditch bank of the property of said
Robert A. Bright to a point on the said ditch bank opposite the head
of the ravine on the property of Samuel Harris, hereinbefore mentioned;
thence across said main stage road to the beginning.

3. The boundaries and plot of said city shall be recorded among the
deeds in the office of the clerk of the court for James City county and
the city of Williamsburg.

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

§. The said mayor and councilmen shall, together, form a common
council, and shall be a body politic and corporate, by the name of the
city of Williamsburg, Virginia, and shall have perpetual succession and
a common seal; and by that name may sue and be sued, and plead and
be impleaded.

6. The said mayor and members of the council shall each be clothed
with all the powers and authority of a justice in civil matters within
the corporate limits of the city, and in criminal matters, and one mile
beyond the same, and shall have power to issue process, hear and deter-
mine all prosecutions, cases, and controversies which may arise under
the jurisdictional powers of justices under state law, and under the by-
laws and ordinances of the city, impose fines and inflict punishments
when and wherever they are authorized by the said by-laws and ordi-
nances, and issue executions for the collection of said fines; and appeals
may be taken to the court of the county from their decision in both civil
and criminal matters, in the same manner, upon the same terms, and be
tried in the same way, as appeals from the decision of a justice are taken
and tried under the general laws of the state. ;

7. The municipal officers of said city shall consist of a mayor. six
councilmen, a city sergeant, a treasurer, and a commissioner of the
revenue.

8. The treasurer elected by the county of James City and city of
Williamsburg shall collect all levies and taxes assessed and levied by
said council, and shall account with them therefor in such manner as
they may prescribe.

9. The power and authority of said mayor and council shall, in
addition to those mentioned and authorized by this act, be such as are
mentioned and prescribed by section one thousand and thirty-eight,
chapter forty-four, code of Virginia, eighteen hundred and eighty-
seven, except that the said council shall not levy, in addition to capita-
tion, a greater tax, for all purposes, than at the rate of ninety cents
upon the one hundred dollars’ value of real and personal property
within the corporate limits: provided, that the said ninety cents upon
the one hundred dollars’ value of real and personal property shall not
be levied until all bonds, with all accrued interest thereon, issued by
the city of Williamsburg, as authorized by act approved February first,
eighteen hundred and ninety-six, are paid.

10. An election for the mayor, councilmen, sergeant, and commissioner
of the revenue shall be held on the fourth Thursday in May, nineteen
hundred, and on the fourth Thursday in May every two years thereafter;
said elections shall be conducted under the provisions of the general
election laws of the state, except that the common council may fill any
vacancy that may occur in said council or office of mayor by death, re-
moval, or resignation during their term, the same to be filled for the
unexpired term only.

11. When two or more persons are to be elected to the same office,
the several persons of the number required having the highest number
of votes shall be declared elected.

12. The term of office of all municipal officers of said city shall be
two years, beginning with the first day of July next after their election.

13. That the corporate limits of the said city shall be a school district,
separate and distinct from the school organization of James City county,
and the common council shall elect the school trustees for same; and it
shall be the duty of said council to recommend to the board of public
education a suitable person to be, by said board, appointed superintendent
of schools in said district: provided, the person so appointed superin-
tendent shall be a resident of said city.

14. The mayor and all municipal officers of said city, before entering
upon the duties of their respective offices, shall be sworn in accordance
with the laws of the state by any one authorized to administer oaths
under the laws of the state. If any person elected or appointed to any
office in said city shall neglect to take such oath before the day on
which he is to enter upon the discharge of the duties of his office, or
shall for twenty days after the beginning of his term of office, fail to give
such securities as may be required of him by the council, he shall be con-
sidered as having declined said office, and the same shall be declared
vacant, and such vacancy shall be filled as prescribed in section forty
of this act.

CHAPTER IJ.—Mayor.

15. The mayor shall be elected by the qualified voters of Williams-
burg for the term of two years; his salary shall be fixed by the council
of said city, and his salary shall not be diminished during his term of
office.

16. He shall, by virtue of his office, preside over the meetings of
the council, voting only in the case of a tie, and possess all the jurisdic-
tion and exercise all the power and authority in criminal cases of a
police justice and a justice of the peace of said city, in addition to the
powers given him by virtue of this act, as described or set forth in
section six of this act.

17. It shall be his duty to communicate to the city council annualhy,
at the beginning of each fiscal year, or oftener, if he shall be required by
said council, a general statement of the condition of the city in relation
to its government, finances, and improvements, with such recommenda-
tion as he may deem proper.

18. He shall exercise a constant supervision over the conduct of all
subordinate officers, have access to all books and documents in their
offices, and may examine said officers and their subordinates on oath. He
shall have power to suspend or remove such officers for misconduct in
office or neglect of duty; but no such removal shall be made without
reasonable notice to the officer complained of, and an opportunity be
afforded him to be heard in his defense. On the removal or suspension of
such officer, the mayor shall report the same to the city council at their
next stated meeting for their consideration, but in no case shall it be
final until ratified by three-fourths of the whole council.

19. The mayor may appoint special police in such number as he may
deem necessary, when in his judgment it is best for the peace and good
government of said city.

20. In the case of the absence of, or inability of, the mayor, the presi-
dent pro tempore of the council to be chosen by a majority vote of the
council present at a legal meeting, shall possess the same power and
discharge the municipal duties of the mayor during such absence or in-
ability.

21. In case a vacancy shall occur in the office of mayor, the same shall
be filled in the manner provided in section ten of this act.

22. The mayor. or any three members of the council, may call a meet-
ing of the council.

CuHaprer JII.—Ciry CovuncI.

23. The council of the city shall be composed of six members. They
shall be elected by the popular vote of the qualified voters of the city.

24. The citv council shall, by ordinance, fix the time for their stated
meetings, and no business shall be transacted at a special meeting, but
that for which it shall be called, unless the council are unanimous.

25. The city council shall have authority to adopt rules and appoint
such officers and committees as they may deem proper for the regulations
of their proceedings, and for the convenient transaction of business;
to compel the attendance of absent members, to punish its members for
disorderly behavior, and bv a vote of three-fourths of the whole council
to expel a member for malfeasance or misfeasance in office. They shall
keep a minute book, in which their clerk shall note the proceedings of
the council, and shall record said proceedings at large on the record
book, and keep the same properly indexed. The meetings of the council
shall be open to the public, except when the public welfare shall require
secrecy.

26. A majority of the membcrs of the council, or four of them, shall
constitute a quorum for the transaction of business; but no ordinance
shall be passed or resolution adopted having for its object the appropria-
tion of money, except by the concurrence of at least four members. No
vote or question decided at a stated meeting, shall be reconsidered at a
special meeting unless there be at least six members present, and five
of them concur.

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

First. To establish a market in and for said city, and appoint proper
officers therefor; prescribe the time and places for holding the same,
provide suitable grounds and buildings therefor, and enforce such regu-
lations as shall be necessary and proper to prevent huckstering, fore-
stalling, or regrating.

Second. To erect and keep in order all public buildings necessary and
proper for said city, to erect within the city a city prison, and said
prison shall contain such apartments as are necessary for the safe-keep-
ing of all persons confined therein, and to establish a chain-gang and
require offenders to work thereon.

Third. To establish water-works within or without the city; to con-
tract and agree with the owners of any land for the use of and purchase
thereof, or have same condemned according to law, for the location,
extension, or enlargement of their said works, the pipes connected there-
with, or any of the fixtures or appurtenances thereof; and shall have
the power to protect from injury by ordinance, prescribing adequate
penalties, the said works, pipes, fixtures, and land, or anything connected
therewith, whether within or without the limits of said city.

Fourth. To open, extend, widen, or narrow, lay out, graduate, curb,
and pave, and otherwise improve streets, sidewalks, and public alleys
in said city, and have them kept in good order and properly lighted,
and in order to properly light the streets of said city, the council
thereof may erect and operate such number of lamps and fixtures
thereto belonging as they may deem necessary, either on the outer side
of the sidewalks, or in the center of said streets, and over any street
or alley in the city, which may be ceded or conveyed to the city by the
proper deed, they shall have like power and authority as over other
streets and alleys; they may build bridges in and culverts under said
streets, and may prevent or remove any structure, obstruction, or en-
croachment over, or under, or in any street, sidewalk, or alley in said
city, and may permit shade trees to be planted along said strects; but no
company shall occupy with its works, or any appurtenances thereof,
the streets, sidewalks, or alleys of the city, without the consent of the
council, duly entered upon its records. In the mean time, no order
shall be made, and no injunction shall be awarded by any court or judge
to stay proceedings of the city council in the prosecution of their work,
unless it be manifest that they, their officers or servants, are trans-
cending the authority given them by this act, and that the interposition
of the court is necessary to prevent injury that cannot be adequately
compensated in damages. .
Fifth. To prevent the cumbering of streets, sidewalks, alleys, lanes,
or bridges in the city in any manner whatever.

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

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

Eighth. To secure the inhabitants from contagious, infectious, or
other dangerous diseases; to establish, erect, and regulate hospitals;
to provide for and enforce the removal of patients to said hospitals;
to appoint and organize a board of health for said city, with the authority
necessary for the prompt and efficient performance of its duties.

Ninth. To require and compel the abatement and removal of all nui-
sances within the said city, at the expense of the person or persons caus-
ing the same, or the owner or owners of the ground whereon the same
shall be; to prevent and regulate slaughter-houses, soap or candle fac-
tories within said city, or the exercise of any dangerous, offensive or
unhealthy business, trade, or employment therein, and to regulate the
transportation of coal and other articles through the streets of said city.

Tenth. If any ground in said city shall be subject to be covered with
stagnant water, or if the owner or owners, occupier or occupicrs thereof,
shall permit any offensive or unwholesome substance to remain or accu-
mulate thereon, 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 expenses of 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 authorities 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
real estate for the benefit of said citv are authorized to be collected:
provided, that reasonable notice shall be first given to said owners or
their agents. In case of non-resident owners who have no agent in said
city, such notice shall be given by publication for not less than four
weeks in any newspaper published in said city.

Eleventh. To direct the location of all buildings for the storage of
gunpowder and other combustible substances, and to regulate the sale
and use of gunpowder, firecrackers or fireworks manufactured there-
from, kerosene oil, or other combustible material: to reeulate the exhi-
bition of fireworks, the discharge of firearms, the use of lights or candles
in barns and stables and other out-buildings within the corporation,
and to restrain the making of bonfires in streets and vards.

Twelfth. To prevent hows, dogs, and other animals from running at
large in said city, and may ‘subject the same to such confiscation. recula-
tions, and taxes as they may deem proper.

Thirteenth. To prevent the riding or driving of horses or other ani-
mals at an improper speed, throwing stones or engaging in any emplov-
ment or sport on the streets, sidewalks or public allevs dangerous or
annoying to passengers, and to prohilit and punish the abuse or cruel
treatinent of horses or other animals in said city.
Fourteenth. To restrain and punish drunkards, vagrants, and strect
beggars; to prevent vice and immorality; to preserve the public peace
and good order; to prevent and guell riots, disturbances and disorderly
assemblages; to suppress houses of ill fame and gambling houses; to
prevent and punish lewd, indecent, and disorderly conduct or exhibitions
in said city, and to expel therefrom persons guilty of such conduct who
have not resided therein as much as one year.

Fifteenth. 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.

28. Any member of said council being voluntarily absent three regular
meetings consecutively, the seat shall be deemed vacant, and the unex-
pired term shall be filled according to the provisions of this act.

29. The'city council is empowered to acquire lands to be used as a
place for the burial of the dead. The said council shall have the power
to prescribe and enforce all needful rules and regulations not inconsistent
with the laws of the state for the use, protection, and ornamentation of
the cemetery; to set aside, at their discretion, by metes and bounds, and
a portion thereof for the interment of strangers and the indigent poor:
to divide the remainder into burial lots, and sell or lease the same. and
to execute all proper deeds or other writings in evidence of such sale or
lease, and to prescribe what class or conditions of persons shall be ad-
mitted to interment in the cemetery. The cemetery, when established
and enclosed, with the property included in it, shall be exempt from all
state, county, and municipal taxation.

30. The police force shall he under the control of the mayor for the
purpose of enforeing peace and order, and executing the laws of the state
and ordinances of the city. Thev shall also perform such other duties
as the council may prescribe. For the purposes of enabling them to
execute their duties and powers, each policeman is hereby made a con-
servator 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
state, may be necessary to enable him to discharge the duties of his
office. The pay, uniform, rules, and regulations for said police shall
be prescribed by the council.

31. Where, by provision of this act, the council have authority to
pass ordinances on any subject, they may prescribe any penalty not ex-
eceding five hundred dollars for a violation thereof, and may provide that
the offender, on failing to pay the penalty recovered shall be imprisoned
in the jail of the city for a term not exceeding ninety days, which pen-
alties may be prosecuted and recovered with costs in the name of the
city of Williamsburg, or shall compel them to work on the streets or
other public improvements of the said city.

32. The city council shall not take or use any private property for
streets or other public purposes without making the owner thereof just
compensation for the same; but in cases where the council cannot hv
agreement obtain title to the ground for such purposes, it shall be lawful
for said council to apply to and obtain from the circuit or county court
of James City county and city of Williamsburg authority to condemn the
same, which shall be applied for and proceeded with according to law.

33. In every case where a strect in said city has been, or shall he,
encroached upon by any fence, building or otherwise, the council may re-
quire the owner (if known, or, if unknown, the occupant of the premises
encroaching) to remove the same, and if such removal be not made
within the time prescribed by the council, they may impose a penalty of
five dollars for each and every day it is allowed to continue thereafter,
and may cause the encroachment to be removed, and collect from the
owner all reasonable charges therefor, with costs by the same process
that they are hereinafter empowered to collect 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 city.

34. Whenever any street, alley, or lane in said city shall have been
opened and used as such by the public for the period of five years, the
same shall thereby become a street, alley, or lane for public purposes,
and the council shall have the same authority and jurisdiction over and
right and interest therein, as they have by law over the streets, alleys,
and lanes laid out by them; and any street or alley reserved in the
division or subdivision into lots of any portion of the territory within
the corporate limits of said city, by a plan or plot of record, shall be
deemed and held to be dedicated to public use, unless it appears by said
record that the street or alley so reserved it designed for private use.
But upon a petition of a majority of the persons interested therein, the
council shall have power to open the same for the use of the public:
provided, this section shall not apply to any of the lands of the college
of William and Mary.

85. The city council shall grant and pay to all city officers elected
in pursuance of this act such salaries or compensation as the said council
may from time to time deem just and proper, or shall be fixed by this
act.

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

CnapterR 1V.—Citry OFFICERS.

37. The sergeant of the city shall be the chief of the police force of
said city, and shall have and exercise the powers of a constable; and
the mayor, councilmen, sergeant, and policemen in criminal and police
matters, shall have jurisdiction for one mile from the corporate limits
of the said city.

38. The sergeant shall collect and disburse all fines, licenses, and all
other moncys due the corporation, in such manner as the council may
from time to time direct, except the taxes assessed at the regular levy,
which, by law, are collectible by the treasurer. He shall perform such
additional duties as the council, by ordinance or resolution, may direct.
He shall, before entering upon the discharge of the duties of his office,
execute in the county court of James City county and the city of Wil-
liamsburg a bond according to law, with surety, in such penalty as the
city council may prescribe, conditioned for the faithful performance of
the same.

39. The council may appoint, in addition to those herein provided for,
such officers and clerks as they may deem necessary, and define their
powers and describe their duties, and fix their compensation, and may
take from any officer, whether appointed by them or elected, a bond,
with surety, to be approved by the council, in such penalty as they may
deem proper, payable to the city by its corporate name, with condition for
the faithful discharge of said duties. All officers appointed by the
council may be removed from office at its pleasure. In case of any
vacancies occurring in any municipal office where it is not herein other-
wise provided, the city council shall elect a qualified person to fill such
office during the unexpired term.

40. The city treasurer shall receive all money belonging to said city,
except as is hereinbefore provided; he shall keep his books and accounts
in euch manner as the council may prescribe, and such books and
accounts shall always be subject to the inspection of the mayor or any
member of the council, or any committee thereof.

41. No money shall be paid out by the treasurer except on a warrant
of the clerk of the council, countersigned by the mayor; and he shall
keep a separate account of each fund and appropriation, and the debits
and credits belonging thereto.

42. The treasurer shall also report to the city council at the end of
each fiscal year, and oftener if required, a full and detailed account of all
receipts and expenditures during the preceding fiscal year, and the state
of the treasury. He shall also keep a register of all warrants, their date,
amount, number, and fund from which paid, and the person to whom
paid, specifying also the time of payment; and all such warrants shall
be examined at the time of making such report to the city council by
committee thereof, who shall examine and compare the same with the
books of the clerk, and report discrepancies, if any, to the council.

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

44, All moneys received on all special assessment shall be held by the
treasurer as a special fund, to be applied to the payment of the matter
for which the assessment was made, and said money shall be used fo.
no other purpose whatever.

45. The treasurer may be required to keep all moneys in his hand:
belonging to the city in such place or places of deposit as the city counci
may by ordinance provide, order, establish or direct, and such money:
shall be kept separate and distinct from the treasurer’s own moneys
And he is hereby expressly prohibited from using, directly or indirectly
the corporation money or warrants in his custody or keeping for hi
own use or benefit, or that of any person or persons whomsoever.
46. The clerk of the council shall attend the meetings of the council,
and keep a record of its proceedings, and shall have the custody of the
corporate seal of said city. He shall keep all papers that by the pro-
visions of this act, or the direction of the council, are required to be
filed with or kept by him. It shall also be his duty, immediately after
the close of each session of the city council, to make and present to the
mayor a transcript of every ordinance, resolution or order concerning
any public improvement, or for the payment of money, and every ordi-
nance, resolution, order, and act of legislative character passed by the
city council at such session. He shall, in like manner, transmit to the
treasurer a transcript of all ordinances, resolutions or orders appropriat-
ing money or authorizing the payment of money, or the issue of bonds
or notes. He shall, in like manner, give notice to all parties presenting
communications or petitions to the city council of the final action of the
council on such communication or petition. Le shall publish such re-
ports and ordinances as the city council are required by this act to
publish, and such other reports and ordinances as they may direct, and
shall in general perform such other acts and duties as the city council
may from time to time require of him.

47%. The commissioner of the 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 city council. He shall keep his
office in some convenient place in said city, and shall keep therein such
books, schedules, and records, and in such manner as the mayor and
city council may direct and prescribe, which books, records, and other
papers shall be subject to the inspection and examination of the mayor.
the members of the city council, or any committee thereof, and of the
collector of city taxes. He shall receive for his services the fees allowed
by law and such other compensation as the city council may from time
to time direct. The commissioner of the revenue, in ascertaining the
value of real property taxable in said city, shall fix the same at the
actual cash value of said property at the time of assessment, irrespective
of the value assessed for the purposes of state taxation until the next
general assessment.

+8. For the execution of its powers and duties, the city council may
raise taxes, annually, by assessment in said city on all subjects taxable
by this state, such sums of money as they shall deem necessary to defray
the expenses of the same. and in such manner as they shall deem ex-
pedient (in accordance with the laws of this state and the United States):
provided, that no tax upon real and personal property in said city shall
excecd, in addition to the capitation, ninety cents upon the one hundred
dollars assessed value thereof, as provided in section nine of this act:
and provided, also, that, if the council deems it expedient, they may
provide, by resolution passed by three-fourths of the entire council, that
no corporation tax shall be levied upon machinery, implements, money
and capital of any manufacturing establishment actually in use for
manufacturing purposes within the said town for ten years from date
of commencement of such manufacturing establishment.

49. The city council may levy a tax on licenses to agents of insurance
companies whose principal office is not located in said city; to auctioneers;
to public theatricals or other performances or shows in said city, or
within a mile of the corporate limits thereof; to keepers of billiard
and pool tables and ten-pin alleys; to hawkers and peddlers, to agents
for the renting or sale of real estate; to commission merchants, and any
other business, whether a license may be required therefor by the state
or not, and may exceed the state license.

50. Any payment of taxes made by the tenant, unless under an ex-
pressed contract contained in his lease, shall be a credit against the
person to whom he owes the rent.

51. 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 or keepers of wagons,
drays, and carts, using them in the city to take out a license therefor,
and may assess and require taxes to be paid thereon, and subject the
same to such regulations as they may deem proper, and may prescribe
their fees and compensation.

52. All goods and chattels wheresoever found, may be distrained and
sold for taxes assessed and due thereon, and no deed of trust nor mort-
gage upon goods and chattels shall prevent the same from being dis-
trained and sold for taxes assessed against the grantor in such deed.

53. There shall be a lien on real estate for the city taxes as assessed
thereon from the commencement of the year for which they were assessed.
The council may require real estate in the city delinquent for the, non-
payment of taxes to be sold for said taxes, with interest thereon at the
rate of ten per centum per annum, and such per centum as the council
may prescribe for charges. Such real estate may be sold and may be
redeemed in the manner provided by law.

54. The city council may organize and maintain a fire department for
the city, and appoint an engineer, assistants, and other officers with any
and all the powers which have been or may be vested by law, in such
officers, and they may make rules and regulations for the government
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 they may deem proper to extinguish and prevent fire; to
prevent property from being stolen, and to require citizens to render
assistance to the fire department in case of need.

55. For the purpose of guarding against the calamities of fires, the city
council may, from time to time, designate such portions and parts of the
city as they may deem proper within which buildings of wood may or
may not be erected. They may prohibit the erection of wooden buildings
in any portion of the city without their permission, and may provide for
the removal of such buildings or addition which shall be erected contrary
to such prohibition at the expense of the builder or owner thereof; or
if any building in process of erection or already built appears clearly to
be unsafe the council may cause such building to be taken down, after
reasonable notice to the owner. ,

56. All officers elected ‘under this act shall enter upon the discharge of
their duties upon the first day of July next succeeding their election, and
shall continue in office for the term of two years and until their suc-
cessors are elected and qualified.

5%. The jailor of the city of Williamsburg, or the person in charge
of the prison of said city, is authorized to receive into said jail or prison
without mittimus or warrant, all persons apprehended by the sergeant
or any police officer of said city for violation of the rules, regulations,
by-laws, or ordinances, or disturbing the peace of said city, and shall
be authorized to retain such persons in his custody until ten o’clock in
the morning of the second day, at which time they shall be discharged
unless regularly committed to his custody by a mittimus or warrant,
in which case the officer so receiving said party shall be entitled to the
fees provided to be paid when a person is committed under a warrant
or mittimus of a justice of the peace.

58. No tax shall be levied or corporation debt contracted unless by a
resolution passed by a recorded vote of a majority of the council.

59. The city of Williamsburg and the officers thereof, elected or ap-
pointed in accordance with the provisions of this act, shall be clothed
with all the powers, and be subject to all the provisions of the general
laws of this state, except in so far as the same are in conflict with the
provisions of this act. All acts and parts of acts inconsistent with this
act are hereby repealed. |

60. Be it further enacted, that nothing in this charter shall permit
the council of the city of Williamsburg to take any part of the land
belonging to the college of William and Mary for any purpose herein
named.

61. ‘I'his act shall be in force from its passage.