Chap. 873.—An ACT providing a charter for the town of West Clifton Forge,
in the county of Alleghany.

Approved March 6, 1900.

1. Be it enacted by the general assembly of Virginia, That the
territory in Allezhany county, contained within the following boun-
daries—to wit: Beginning at a point on the line of the corporate limits
of the town of Clifton Forge, on the south line of the Chesapeake and
Ohio railway right of way, on the south side of Jackson river, at the
northwestern corner of the late A. J. Acord’s lot; thence north with the
western boundary line of the town of Clifton Forge, Virginia, to a point
outside of the corporate limits of Clifton Forge, on said line opposite
the northern line of Albemarle street, as shown on the plat of Chesa-
peake and Ohio development company; thence west following the north
line of Albemarle street to a point twenty feet east of Jackson river;
thence south along the east bank of Jackson river to a point on the
south line of Bridge street, thirty (30) feet east from the old railway
bridge, now used as a county bridge, as shown on the plat of the Chesa-
peake and Ohio development company; thence due south crossing Jack-
son river, to a point on the south line of the projected line, or right
of way line of the Chesapeake and Ohio railway company; thence east
along the south line of said projected, or right of way line of the
Chesapeake and Ohio railway company to the place of beginning, shall
constitute the town of West Clifton Forge.

2. The municipal officers of said town shall consist of six (6) council-
men, and one town policeman, all of whom shall be residents and quali-
fied voters of said town.

3. The councilmen of the town of West Clifton Forge, as they shall
be appointed or elected and qualified as hereinafter provided, shall be
a body politic and corporate, by the name of the town of West Clifton
Forge, and shall have perpetual succession, and a common seal, and by
that name shall sue and be sued, may plead and be impleaded, may pur-
chase and hold real estate, and sell and convey the same needful for the
public good, and may exercise all the powers of said corporation, and
shall enjoy all the rights and immunities, powers, and privileges allowed
by law to said town as a municipal corporation.

4. The councilmen elected under this act shall enter upon the dis-
charge of their respective duties on the first day of July next succeeding
their election, and shall hold their office for three years, and until their
successors are elected, or appointed and qualified. All other officers
whose election or appointment is provided for under this act shall
hold office only for such time as the council may determine and allow.

5. The council at its first meeting after election or appointment as
hereafter provided, or as soon thereafter as practicable, shall, by a
majority vote of those present, elect from its own members, or from
any of the qualified voters of said town, a mayor of the town, who
shall be the presiding officer of the council, and who shall be entitled
to vote, and in addition to his individual vote as a member of the
council, in case of a tie in the voting on any question before the council,
shall give the casting vote. The said council shall appoint from their
own number a president pro tempore, who shall, in the absence of, or
sickness or disability of the mayor, exercise all the powers of the mayor
at the council, or in the affairs of the town.

6. The council shall, at their first meeting after election or appoint-
ment, as hereinafter provided, or as soon thereafter as practicable,
appoint from their own number, or from some qualified voter of the town,
a treasurer, a clerk of the council, and a town policeman, and such
other officers as they may deem necessary, may define their duties and
powers, and may take from any officer elected, or appointed under this
act, a bond with surety to be approved by the council in such a penalty
as the council may prescribe, payable to the town in its corporate name,
with the condition for the faithful performance of his duties, and the
said council may appoint the same person to fill both the offices of the
clerk of the council and town treasurer.

%. All officers before entering upon the discharge of their duties shall
take an oath before any person authorized by law to administer oaths,
for the faithful discharge of the duties of their said offices,and if any per-
son elected or appointed to an office shall, before his term of office begins,
fail to take such oath, or to give bond with security as required by the
council, his office shall be declared vacant, and such vacancy shall be
filled by election or appointment by the council.

8. The council shall fix the time of their regular meetings; may be
convened in special meeting on call of the mayor, or, in his absence, by
the president pro tempore of the council, or by any two (2) members
of the council; may adopt such rules as they deem proper for the
government of their proceedings, and the orderly and convenient trans-
action of their business; may compel the attendance of their members;
may punish any member by fine or otherwise for disorderly behavior
during any meeting, and with concurrence of two-thirds of the entire
council may expel a member for malfeasance or misfeasance in office.
A journal of the proceedings of all meetings of the council shall be
kept by the clerk of the council in books provided for the purpose by
the council, and duly recorded therein and kept in such a manner and
place as the council may prescribe.

9, The council shall judge of the election, qualification, and returns
of its members. If any person returned elected as councilman be ad-
judged disqualified by the council, or fail to take the oath of office as
prescribed heretofore in this act, or if any councilmen be expelled by the
council, remove from the town, die, or otherwise be incapacitated from
serving as councilman, the vacancy thus created shall be filled by elec-
tion by the council of some qualified resident voter of the town until
the next regular election of councilmen.

10. Any vacancy occurring in any town office or in any office elected
by the votes of the town, or appointed by the council, shall be filled
by appointment or election by the council.

11. A majority of the council, of whom the mayor may be one, shall
constitute a quorum for the transaction of business, with full power and
authority to legally conduct and transact all business coming before
the council.

12. ‘The mayor of the said town, or in his absence or disability the
president pro tempore of the council, or in case of his disability any
councilman of the town shall be, and he and they are hereby, invested
with the power and authority of a justice of the peace in all criminal
matters within the corporate limits of the said town, and one mile
distant therefrom, and it is hereby made the duty of said mayor or pres!-
dent pro tempore of the council, or councilmen acting within said
authority, to keep the peace by suppressing all disturbances, riots, or
disorderly conduct within the corporate limits of said town, and to this
end he is hereby clothed with power to appoint such additional police
force, or other assistants whenever he may deem necessary; and he or
they shall have power to issue process for the arrest of all offenders,
and hear and determine all criminal cases or violations of ordinances
arising within the corporate limits of the town, or within one mile of
the corporate limits thereof, with like jurisdiction as justices of the
peace in criminal matters.

13. The town policeman shall be a conservator of the peace, and for
that purpose shall be vested with all the powers of a constable in crimi-
nal matters within the corporate limits of said town, and one mile
bevond, and shall have the power to arrest offenders of the laws of
the state or ordinances of the town anywhere within said county for
such offenses committed within the town, or one mile outside of the
limits thereof, and mav convev any person to the county jail or town
jail, if anv be established, on the order of the mavor, or-any one legally
acting in his absence, and shall be entitled to like compensation for
said service as a constable would receive if so acting.

He shall, unless otherwise provided by the council, collect the town
taxes, and all fines imposed for violation of the ordinances of the town.
and for this shall be clothed with like powers to enforce the collection
of the same as is now given by law to a county treasurer, sheriff, or con-
stable. He shall also perform such ministerial and other duties as
may be imposed upon him or be directed to be done by him by the town
council, and for his services shall receive such fees or compensation
as the town council mav prescribe, and the said town policeman shall
give bond pavable to the town of West Clifton Forge, if required so
to do by the town council, with such surety and in such penalty con-
ditioned for the faithful performance of the duties of his office as the
council shall prescribe. The said council shall also have power to ap-
point a collector of taxes, if they think proper so to do, who shall give
bond with such security and in such penalty as the council may pre-
scribe, and shall receive such fees or compensation as the council mar
Now. Said collector of taxes, or the person who shall be charged with
he collection of taxes of the town, shall, for that purpose, have all the
yowers conferred by law on county and city treasurers.

14. For the purpose of paying the necessary expenses of said town,
ncluding the interest on the bonds hercafter authorized to be issued
yy the town council, and to eréate a sinking fund for the ultimate
edemption and payment of said bonds the said town council shall have
yower to levy a head tax, or poll tax of fifty per centum upon all male
esidents of the town over twenty-one years of age, and such a tax on
11 taxable property in said town as they may deem proper not exceed-
ng one dollar on the one hundred dollars in one vear, and the citizens
ind property, including the property of the Chesapeake and Qhio
“ailway company within the corporate limits of the town of West
Clifton Forge are hereby exempted from the payment of the poll
‘ax and all county levies now assessed by Alleghany county: provided,
that the town of West Clifton Forge shall assume the care of its own
poor, and the care, control, and management of its own streets. The
council shall if it deems right so to do, make such appropriations as it
mav deem proper out of its annual revenue to aid in carrving on the
nublic schools in said town, or county, or district to which children of
parents resident in said town may attend.

15. The council of said town shall have the right to use the county
jail of Alleghany county for the safe-keeping and confinement of all
persons who shall be sentenced to imprisonment for violation of the
ordinances of said town. The council shall have the right to prescribe
penalty for violation of its ordinances, and may assess fines not exceed-
ing fiftv dollars for violation of any ordinance of the town, and may,
upon failure of anv person convicted of violation of its ordinances and
failing to pay the fine imposed therefor, order the confinement of such
convicted persons in the county jail of Alleghany county for a period
of not exceeding six months or until such fines shall be paid, or may,
by ordinance not in conflict with the laws of this state, require such
convicted persons to work upon the streets of the town until the said
fines have been paid for by labor on the streets.

16. The council shall have, subject to the provisions of this act, the
control and management of all the fiscal and municipal affairs of the
town, and of all property, real and personal, belonging to said town,
and may make such ordinances in relation thereto as it may deem
proper, and shall, likewise, have power to make such ordinances for the
government and control and good order of the town as are now granted
to it by the general laws of the state, and may make such further ordi-
nances as they may deem necessary, which are not in conflict with the
constitution and laws of this state and the United States, and are not
herein specifically conferred upon it, and are hereby authorized to pass
any ordinances for the following purposes—namelv:

First. To open, close or extend, widen or narrow, lav out, graduate,
curb, pave, and otherwise improve the strects, allevs, and sidewalks in
said town, and have them kept in good order and properlv lighted.
To provide for proper and necessary drainage in the said town, and for
such other improvements as it may deem necessary and expedient.

Second. To prevent the cumbering or obstruction of streets, side-
walks, alleys, or bridges in the town in any manner whatever.
Third. To require and compel the abatement of all nuisances within
said town at the expense of the person, or persons causing the same,
or the owner or owners of the ground whereon the same shall be. To
prevent and regulate slaughter-houses, hog-pens, privies, stables, or the
exercise of any dangerous, offensive, or unhealthy business, trade, or
employment in said town.

Fourth. To prevent hog-pens and to prevent cows and hogs and other
animals running at large in said town, and subject the same to such
regulations as it may deem proper.

Fifth. To regulate the riding or driving horses at improper speed,
or engaging in any other sport or amusement or shows within the cor-
porate limits of the town.

Sixth. To restrain and punish drunkards and street beggars, and pre-
vent coming into town of persons having no visible means of support, or
of persons dangerous to the good order and peace and quiet of the
town.

Seventh. To construct, equip, and maintain or to permit to be con-
structed and maintained a system of water-works, gas-works, electric
lights, or other lighting plant, steam, electric motor, or cable railways
in and along and over and through the streets and alleys of the town.
But the council of the town shall not subscribe to the stock of any
firm or incorporated company organized for internal improvements
in said town.

17. The council of the town shall have a right to impose license tar,
the amount of which shall be prescribed by ordinance, upon any busi-
ness, profession or calling transacted within the corporate limits of
the town for the conduct of which the state of Virginia requires a
license, and may by ordinance impose a penalty for the failure to pav
the license fee required for the conduct of such business, and may by
ordinance name the time said license shall begin. But any person, firm
or corporation applying to the county court of Alleghany county, or to
anv other authority which may hereafter be created for the purpose, for
license to sell spirituous liquors, wines, beer, ale, porter, or any mixture
thereof at wholesale or retail within the corporate limits of the town of
West Clifton Forge, shall first produce before the court or other author-
itv of said county, a certificate of the council of said town that the appli-
cant is a suitable person and that the council approves said application,
and desires that said license be granted, and said court, or any others
having authority shall not grant license to sell liquors at. wholesale or
retail within the corporate limits of the town of West Clifton Forge
unless such certificate be given by the council: provided, that the said
town council shall onlv grant a certificate to sell liquors within the
corporate limits of said town by a unanimous vote of all the members
of the town council.

18. Taxation for town purposes shall be based on the assessments
made by the land assessor, and commissioner of the revenue of Clifton
district, except that if it appear in any year that the said assessor or
commissioner has failed to list any property, real or personal, in the
town for taxation, the council may enter such property on the property
books of the town, and place such value thereon as to it may seem
right. Such assessment mav be corrected by any person aggrieved
thereby, as other erroneous assessments are by law corrected in other
cases.

The council shall annually cause to be copied from the land and
property books of said assessor or commissioner a list of all the land,
property, and polls contained within the corporate limits of the town of
West Clifton Forge, and to have the taxes thereon for town purposes
extended accordingly. Such lists to be kept and preserved by the council
in books provided for the purpose, a separate book for land and one
for personal property, including polls.

19. All goods and chattels liable to taxes to the town wherever found
may be distrained and sold for taxes, and no deed of trust or mortgage
upon such goods and chattels shall prevent them from being distrained
and sold for taxes and license.

20. There shall be a lien on real estate for town taxes as assessed
thereon from the commencement of the year for which they were
assessed. The council may require real estate in the town delinquent
for the non-payment of taxes to be sold for said taxes, as provided by
the laws of this state.

21. The council of the town of West Clifton Forge may borrow money
for the uses and purposes of said town, and expend the same in paving
and curbing its sidewalks, and improving the streets, establishing sewer-
age in the town, and in lighting and otherwise improving the town,
as the council may determine: provided, a majority of the whole coun-
cil, by a recorded vote, decide and determine it is to the interest of the
town so to do, and may, from time to time, issue and sell bonds of said
town, which bonds may be either registered or coupon, and shall be
issued in such denomination, and bear such rate of interest, not exceed-
ing six per centum per annum, as may be determined by the council.
Such bonds may be made payable in gold or currency not exceeding
thirty years from their date, and may, at the option of the council,
be made redeemable after such time as the council may prescribe. The
interest shall be payable annually, or semi-annually, as the council
may determine. The council may exempt any or all such bonds from
town taxes, in which case a clause to that effect shall be inserted in
each bond. No bond so issued shall be sold by the town at less than
par. The treasurer shall endorse on each bond issued and sold a cer-
tificate to the effect that the town of West Clifton Forge has received
the amount of said bond from the holder, and when such certificate is
so endorsed upon said bond and signed by the treasurer the title of the
purchaser shall in no case be questioned, nor shall the purchaser or
subsequent holder be required to see to the proper application of the
money by the town, and the validity of such bonds shall never thereafter
be questioned. All bonds issued by virtue of this charter shall be
signed by the mayor, countersigned by the clerk of the council, and
shall have the seal of the town affixed thereto, and said bonds shall be
issued and sold, and the proceeds used and expended under the orders
of the council. Every bond issued by the council shall state on its face
for what purpose it is issued, and the proceeds of such bonds shall
be applied exclusively to the purpose for which said bonds were issued.

22. The six councilmen of said town shall be elected by the qualified
voters thereof on the fourth Thursday in May, nineteen hundred and
three, and shall enter upon the discharge of their duties on the first day
of July next succeeding their election, and hold their offices for a period
of three years, and until their successors are duly elected and qualified.
Until the qualification of the councilmen elected on the fourth Thurs-
day in May, nineteen hundred and three, the following named persons
shall be the council of West Clifton Forge—namely: A. B. Davies, J.
C. Carpenter, T. D. Wilson, J. H. Gore, E. W. Price, and T. P. Halloran,
who shall, as soon as practicable after the passage of this act, meet,
organize, and perform the duties of their respective offices, and are
hereby vested with all the powers imposed and conferred by this act.
Should any of the said persons decline to act, the others acting shall
fill such vacancy or vacancies, and any other vacancies occurring in
the council, or offices provided for in this act.

23. The election directed by this act shall be conducted by the town
policeman at such place within the town and under such rules and regu-
lations as the council may prescribe.

24, All laws now in force concerning towns, unless contrary to the
provisions of this act, shall apply to the town of West Clifton Forge.

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