Chap. 467.—An ACT to provide a new charter for the town of Covington, in the
county of Alleghany, and to repeal all other acts with reference thereto.

Approved April 2, 1902.

1. Be it enacted by the general assembly of Virginia, That the ter-
ritory in Alleghany county contained within the following boundaries—
to-wit: Beginning at the intersection of the southwest line of Lexington
street with Jacksons river; thence with the meanders of said river along
low-water mark to the west line of Third street, extended, to said river ;
thence with said west line of Third street to the northerly line of Marion
street; thence with the said northerly line of Marion street and a pro-
longation thereof to the line between the lands of the Low Moor Iron
Company of Virginia and the lands of the Covington Machine Com-
pany; thence with the same to the northerly line of Lexington strect ;
thence with said line of Lexington street to its intersection with the
easterly line of Alleghany avenue; thence with said line of snid avenue
to its intersection with the line between lots numbers nineteen and
twenty, of block number sixty-six, of the addition to the town of Cov-
ington made by the Covington Improvement Company; thence with the
same to the southerly line of the alley in the rear of said block number
sixty-six; thence with the said line of said alley to the easterly line of
the Fudge reservation; thence with the same in a southerly direction to
the northerly line of Alleghany avenue; thence with the same to its inter-
section with a prolongation of the easterly line of Beverly street; thence
with the same to the southerly line of Cedar street ; thence with the same
to the easterly line of the Healing Springs turnpike; thenee crossing
said turnpike on a straight line to ‘the northerly end of McAllister and
Bell’s mill dam, on Jackzone river, at low-water mark; thence with the
meanders of said river at low-water mark to the beginning, shall consti-
tute the town of Covington.

2. The municipal officers of said town shall be a mayor, a treasurer,
a commissioner of the revenue, a town sergeant, a clerk of the council,
and eight councilmen, all of whom shall be residents and qualified voters
of said town. The council of the town shall have power to elect any other
officers they may deem necessary. The same person may, in the disere-
tion of the council, be elected or appointed to and hold, at the same time,
more than one of the offices to be filled by election or appointment by
said council.

3. The mayor and councilmen of the town of Cov ington, as now con-
stituted, and as they shall be elected and qualified as hereinafter pro-
vided, shall be a body politic and corporate by the name of the town of
Covington, and shall have perpetual succession and a common seal, and
by the name of town of Covington may sue and be sued, implead and be
impleaded, contract and he contracted with, purchase and hold real es-
tate, and sell and convey the same needful for the public good, and may
exercise, retain, and enjoy all the rights, immunities, powers, exemptions.
and privileges, ‘and be subject to all “the duties, obligations, and liabilities
now vested in, incumbent upon, or pertaining to said town as a municipal
corporation.
4. The town shall be divided into two wards, as follows: The first
ward shall consist of all that portion of the town lying westerly of the
following line: Commencing at the intersection of the center line of the
Chesapeake and Ohio Railway Company’s condemnation with Jacksons
river at low-water mark, and running thence in a southerly direction
with said line to the intersection thereof with the northerly line of Lex-
ington street; thence with the said line of Lexington street in an easterly
direction to the corporate limits. The second ward shall consist of all
that portion of the town lying easterly of the line aforesaid. The town
council shall have power to rearrange and increase the number of wards
of said town, or to dispense with the division of said town into wards:
provided, however, that the division of said town into wards shall not be
dispensed with by said council, except upon a vote of three-fourths of the
members of said council being cast in favor of so doing.

5. In all elections for mayor and councilmen of said town, all persons
who may be, by the laws of this 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 election then to be held, shall be
entitled to vote; but before being entitled so to vote they shall register
before the registrar of the ward in which thy reside, who shall be ap-
pointed as hereinafter provided for.

6. The mayor shall be elected by.the qualified voters of said town.

%. Each ward shall be represented by an equal number of councilmen,
who shall be residents of their respective wards, and be qualified to hold
office. They shall be elected by the qualified voters of their respective
wards.

8. The mayor and councilmen in office in said town at the time of the
passage of this act shall be continued in office until the expiration of the
terms for which they were elected, until their successors are duly elected
or appointed and qualified according to law.

9. At the first regular meeting of the town council after the passage
of this act it shall elect two additional councilmen to those already in
office in said town. The terms of office of said two additional council-
men shall expire at the same time as the terms of office of those now
members of said council. Of the said two additional councilmen one
shall be a resident of the first ward of said town and one of the second
ward thereof.

10. The first election under this act shall be held on the fourth Thurs-
day in May, nineteen hundred and three, at such place in each ward of
said town as shall be designated by the council of the town; and bien-
nially thereafter there shall be held an election of a mayor and eight
councilmen of the said town on the fourth Thursday in May at such
places and under such rules and regulations and subject to such provis-
ions as the council may prescribe. Notices of the time and places of the
holding of election under this act shall be published at least ten days
before the holding of such election by the posting by the town sergeant
of printed handbills in at least five public places in each ward of said
town. The mayor and councilmen elected under this act shall qualify
on or before the first day of July next succeeding their election.
11. The term of office of the mayor and councilmen to be elected as
provided for in section ten of this act shall be for two vears from the
first day of July next succeeding their election, and until their succes-
sors have been elected and qualified.

' 12. All vacancies occurring from any cause in the offices of council-
men shall be filled for the unexpired term by the council.

13. It shall be the duty of the council to provide, by ordinance prior
to April first, nineteen hundred and three, and biennially thereafter, one
voting place in each ward of said town.

14. It shall be the duty of the council, prior to the first day of March,
nineteen hundred and three, and every alternate year thereafter, to ap-
point a registrar of election for each ward of said town, who shall be a
discreet citizen and resident of the ward in and for which he is appointed,
and who shall hold office for the term of two years from the first day of
March following his appointment, and until his successor is duly ap-
pointed and qualified.

15. Each registrar shall, on the second Tuesday in May, nineteen hun-
dred and three, and on the second Tuesday in May of each alternate year
thereafter, at the voting place in his ward designated by the town coun-
cil, proceed to register the names of all qualified voters within his ward
not previously registered therein who shall apply to be registered, com-
mencing at sunrise and closing at nine o’clock post meridian, and shall
complete such registration on the second Tuesday in May. He shall give
notice of the time and place of registration for at least ten days before
each sitting by posting written or printed notices thereof at five or more
public places in his ward. The registrar shall, at any time previous to
the regular registration day, register any voter entitled to vote at the
next succeeding election who may apply to him to be registered. It shall
be the duty of the registrar, within five days after each sitting, to have
posted at three or more public places in his ward written or printed lists
of the names of all persons admitted to registration, and also have like
lists posted on the day of election at the places of voting in his ward.

16. It shall be the duty of the council, prior to the first day of April,
nineteen hundred and three, and biennially thereafter, to appoint three
competent citizens, being qualified voters of said town, who shall con-
stitute the judges of election for the election to be held in their respective
wards during the year in which they were appointed. The said three
judges of election shall judge any contest with reference to the right of
any voter to vote, and shall canvass and count the ballots cast in their
respective wards, and make returns thereof to the clerk of the council, to
be by him preserved.

17%. The council shall, at the time they appoint the judges of election,
designate three of the persons so appointed to act as commissioners of
election, who shall constitute a board, of which the clerk of the council
shall, ex-officio, be clerk, whose duty it shall be to mect at the office of
the mayor of said town on the second day after the election, and pro-
ceed to open the several returns which shall have been made to the clerk
of the council; and the said commissioners shall ascertain from the re-
turns the person who shall have received the greatest number of votes
in the town for the office of mayor, and the persons who, in each of the
wards of said town, shall have received the greatest number of votes for
the offices of councilmen of said town. The result so ascertained shall
be reduced to writing and signed by a majority of the commissioners
present and constituting such board, and attested by the clerk.

18. The clerk shall immediately make out, in pursuance of the de-
termination of the commissioners, a certificate of election for the person
having the highest number of votes for the office of mayor, and for each
of the persons having in each of the wards of said town the highest num-
ber of votes for councilmen of said town, and deliver the said certificates
to the persons elected upon their application therefor.

19. In case it is impossible to determine the candidate who has re-
ceived the highest number of votes by reason of a tie, the clerk of the
council shall, by lot, determine the matter in the presence of the commis-
sioners of election, and not more than two persons selected by each can-
didate affected by said lot.

20. The manner of conducting elections under this act shall, so far as
the same is not in conflict herewith, be the same as prescribed by the
general election laws of the State.

21. The mayor and eight councilmen shall, after recciving their cer-
tificates of election to their respective offices, cach take and subscribe an
oath before any person authorized by law to administer an oath that they
will truly, faithfully, and impartially discharge the duties of their said
office so long as they shall continue therein, and said oaths of office so
subseribed shall be returned to the clerk of the council, and by him in-
scribed in his minute book. And if any of the officers named in this
section shall fail to qualify on or before the first day of July next suc-
ceeding his election, his office shall be deemed vacant; and whenever as
many as five members of the council (of whom the mayor shall be
counted one) shall have qualified hy taking the oath of office as afore-
said, they shall enter upon the duties of their said offices, and shall su-
persede the former council of said town.

22. The salary of the mayor of the town, as now constituted or here-
after elected, if any be allowed by the town council, shall be fixed by the
council, payable at stated periods; and no regulation diminishing such
compensation, after it has once been fixed, shall be made to take effect
until after the expiration of the term for which the mayor then in office
shall have been elected. The salary of the mayor, when fixed, shall so
continue until changed by the town council; but no salary allowed the
mayor under this section shall be more than three hundred dollars per
year.
~ 23. After the first dav of July, nineteen hundred and three, the town
council may, by ordinance, prescribe what compensation, if any, shall
he paid to members of the council: provided, that such compensation for
services as councilmen shall not, in any vear, exceed the sum of twelve
dollars to cach member of the said council.

24. The mayor shall preside over the deliberations of the council, and
he entitled to one vote in case of a tie. He shall have jurisdiction to try
all violations of the town ordinances, and inflict such punishment and
Impose such fines as may be preseribed for a violation of the same. The
mavor shall be entitled to the like fees of a justice of the peace in eivil
and criminal cases. He shall, by virtue of his office, possess all the juris-
diction and exercise all the power and authority in civil and criminal
Cases arising In sud town, or within one mile of the corporate limits
thereof, of a justice of the peace of Alleghany county in addition to the
powers given him by this act. Ile shall have the power to veto any act
of the couneil, and the same shall not become an ordinance or resolu-
tion without his approval in writing, or until it has received the votes of
three-fourths of the entire council upon and after his disapproval. He
shall have the power to appoint and swear in special policemen for any
oceasion when, in his judgment, it is expedient for the peace and good
government of the territory under the criminal Jurisdiction of said town:
provided, such special policemen receive no higher compensation than
one dollar and fifty cents per day.

25. It shall be the duty of the mayor to communicate to the council
annually, or as soon as may be after the fiscal vear, and oftener, if he
shall deem it expedient, or be required so to do by said council, a general
statement of the situation and condition of the town in relation to its
government, finances, and improvements, with such recommendations as
he may deem proper. |

26. The mayor shall exercise a constant. supervision over the conduct
of all subordinate officers; have power and authority to investigate their
acts; have access to all books and documents in their office, and may ex-
amine such officers and their subordinates on oath. He shall also have
power to suspend all officers clected or appointed by the couneil until
the next regular meeting of the couneil, but such suspension shall, in all
cases, be for misconduet in office or neglect of duty, to be specified in the
order of suspension. In case of the suspension of any such officer, the
mayor shal] appoint some other person in his place to hold said office and
perform the duties thereof until the next regular meeting of the couneil ;
and at such meeting the mayor shall report his suspension of the officer
suspended, together “with his reasons for SUSpCnsion.

27. In ease of the absence or inability of the mayor, the president of
the fomn council shall possess the same power,and discharge the munic-
ipal duties of the mavor during such absence or inability: provided, that
he shall have but one vote upon any matter before the council for de-
termination.

28. In case a vaeancy shall oceur in the offiee of mavor, the council
shall elect a qualified person to fill the vacaney for the unexpired term.

29. In case of any vacancy happening in the council by death, resig-
nation, removal, or otherwise, the council shall cleet a qualified person to
fill the vacaney for the unexpired term.

30. At. the first regular meeting of the council in April, nineteen hun-
dred and two, or as soon there after as practicable, the council shall elect
one of their members president of the couneil, who shall preside at all
meetings of the council in the absence of the mayor.

The mayor, or in his absence or inability the president of the coun-
“il. shall have power to call a meeting of the council whenever he deems
it necessary, and in case of the absence of both the mayor and the presi-
dent of the council, or their inability or refusal, the council may be con-
vened by the order of any three members of the council.

32. The council shall, by ordinance, fix the time for their stated regu-
lar meetings; and no business shall be transacted at a special meeting
but that for which it shall be called.

33. The council shall have the authority to compel the attendance of
absent members; to punish its members for disorderly conduct, and by
a vote of a majority of the whole council to expel a member for mal-
feasanee in office or for voluntarily absenting himself from three con-
secutive meetings of the council, special mectings included. The clerk
of the council shall record the proceedings of the council at large on a
record book, and keep the same properly indexed. The meetings of the
‘council shall be open, except when the public welfare shall require
secrecy.

34. Five members of the council (of whom, for the purpose of consti-
tuting a quorum, the mayor may be counted as one) shall constitute a
quorum for the transaction of business; but no ordinance shall be passed,
nor resolution adopted, having for its object the appropriation of money,
except by the concurrence of a majority of the whole council. Upon the
demand of any member of the council, upon the passage of any ordinance
or resolution, the “yeas” and “nays” shall be taken and entered on the
record. No vote or question decided at a stated or regular meeting shall
be considered or rescinded at a special meeting unless there be at least
seven councilmen present, and five of them shall concur.

35. The town council, as now constituted or hereafter elected, shall
have, subject to the provisions of this act, the control and management
of the fiscal and municipal affairs of the town and of property—real and
personal—belonging to said town, and make such ordinances, orders, and
by-laws relating to same as they shall deem proper and necessary; they
shall likewise have power to make such ordinances, orders, and by-laws
and regulations as they shall deem necessary and proper to carry out the
powers which are hereby vested in them—

First. To establish, enlarge, and operate a system of sewerage, water
works, gas works, and electric-light works within or without the limits
of the town; to contract or agree with the owners of any land for the use
and purchase thereof, or to have the same condemned aecording to law,
within or without the town, for the location, extension, and enlargement
of their said works, the pipes or wire connected therewith, or any other
appurtenances or fixtures thereof, and shall have power to protect from
injury, by ordinance prescribing adequate penaltics, the works, pipes,
fixtures, and land, or anvthing connected therewith, whether within or
without the limits of said town.

Second. To close or extend, widen or narrow, straighten, lay out,
graduate, curb, and pave, and otherwise improve the streets, sidewalks,
and public allevs in the town, and have them kept in good order and
properly lighted; and over any street or alley in the town which has been
or may be ceded to the town, or conveved to the town by 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 pre-
vent or remove any structure, obstruction, or encroachment over or under
or in any strect, sidewalk, or alley in said town; and may permit shade
trees to be planted along said streets; but no company, firm, or indi-
vidual shall occupy with its or his works or appurtenances thereof the
streets, sidewalks, or alleys of the town without the consent of the coun-
cil duly entered of record; and wherever, in the construction of any
sewer or conduit, it is necessary that the same should pass through or
under private property, the said council shall have authority to contract
and agree with the owners thereof for the use and purchase of the right
of way through or under the same, or have the same condemned accord-
ing to law. The said council shall have power to authorize the lay-
ing down of railway tracks, and the running of cars thereon in the streets
of the town by electricity or other motive power, under such regulations
as the council may prescribe.

Third. To prevent the cumbering of streets, sidewalks, alleys, lanes,
or bridges in the town in any manner whatever, and to have full and
complete control of the same.

Fourth. To determine and designate the route and grade of any rail-
road to be laid in said town, and to restrain and regulate the speed of
bicycles, traction engines, locomotives, engines, and cars upon the rail-
roads within said town, and may wholly exclude such engines and cars
if they please: provided, that no contract is hereby violated.

Fifth. To secure the inhabitants from contagious, infectious, or other
dangerous discases; to establish, erect, and regulate hospitals; to pro-
vide for and enforce the removal of patients to said hospitals; to appoint
and organize a board of health for said town, with the authority neces-
sary for the prompt and efficient performance of its duties.

Sixth. To require and compel the abatement and removal of all
nuisances within said town at the expense of the person or persons caus-
ing the same, or the owner or owners of the ground whereon the same may
be; to require and compel the owners of houses in the town, or if the
owner be unknown or absent, the occupants of such houses, to connect
their water closets and water drains with the sewer of the town: pro-
vided, such sewer be within a distance of sixty feet of the lot upon which
such house or houses are situated; and upon their failure so to do, the
same may be done by the town, and the cost attending the same shall be
collected from the owners or occupants of such houses as taxes are herein
in this act allowed to be collected by the town.

Seventh. If any ground in said town shall be subject to be covered
with stagnant water, or if the owners or occupiers thereof shall permit
any offensive or unwholesome substance to remain or accumulate therein,
the council may cause such grounds to be filled up, 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 said owner or owners, occu-
pier or occupiers, or any of them, by distress and sale, in the same man-
ner in which taxes levied upon real estate for the benefit of said town are
authorized to be collected: provided, that reasonable notice shall first be
given to said owners or their agents. In case of non-resident owners
who have no agents in said town, such notice may be given by publication
for not less than four weeks in any newspaper printed in said town.

Fighth. To direct the location of all buildings for storing gunpowder,
fire-crackers, or other fireworks manufactured or prepared therefrom,
kerosene oil, nitro-glycerine, camphene, burning fluid, or other com-
bustible material ; to regulate the exhibition of fireworks, the discharge of
fire-arms, the use of candles and lights in barns, stables, or other build-
ings, and to regulate or restrain the making of bonfires in streets and
yards.

Ninth. To prevent horses, cattle, hogs, dees, and all other animals
from running at large in said town, and may “subject the same to such
confiscations, regulations, and taxes as they may deem proper: and the
council may prohibit the raising and keeping of hogs in the town, or in
any part thereof.

Tenth. To prevent the riding or driving of horses or animals at an
improper speed, throwing stones, or engaging in any employment or
sport on the streets, sidewalks , OT public alleys dangerous or annoying
to passengers, and to prohibit and. punish the abuse or cruel treatment
of horses or other animals in said town.

Eleventh. To restrain and punish drunkards, vagrants, and_ street-
beggars; to prevent vice and immorality, obscenity, and profanity; to
preserve peace and good order; to prevent and quell riots, disturbances,
and disorderly assemblages: to suppress houses of ill-fame and gambling
houses; to prevent lewd, indecent, and disorderly conduet or exhibitions
in said town, and to ex pel therefrom persons guilty of such conduct.

Twelfth. To prevent, forbid, and punish the selling of liquor and in-
toxieating drinks in any place not duly Heensed, and the selling or giving
any intoxicating liquor to any child or minor, and the selling or giving
of cigarettes to any minor under sixteen vears of age, without the consent
in writing of his or her parents or guardian, and for anv violation of any
such ordinance may be imposed such fines as the council may preseribe.

Thirteenth. To prevent the coming into the town of persons having
no ostensible means of support, and of persons who may be dangerous
to the peace and safety of the town, and for those may require any rail-
road company or stage company, or any person or persons bringing such
persons to said town, to enter into bond, with satisfactory security, that
said person shall not become chargeable to the town for the period ‘of one
vear thereafter, or may require and compel said company or persons to
take them back from whence they brought them, and compel said per-
sons to leave town: provided, that such “order to leave be issued within
sixty days after their arrival.

Fourteenth. To designate such portions and parts of the town as they
may deem proper within which no buildings of wood shall be ereeted ; to
prohibit the ereetion of wooden luildings in any portion of the tewn
without their permission: and, on the petition of the owners of at least
one-fourth of the ground included in any square of said town, to prohibit
the ereetion on such square of any building or addition to any building,
unless the outer walls thereof be made of brick and mortar, or stone and
mortar, and to provide for the removal of any such building or addition
which shall be erected contrary to such prohibition at the expense of the
builder or owner thereof, and if any such building shall have been com-
menced before said petition can be acted upon by the council, or if any
building in progress of erection appears clearly to be unsafe, the council
may cause such building to be taken down.

Fifteenth. In addition to the special powers hereinbefore specifically
delegated to the town council, all general powers not in conflict with the
laws af this State or of the United States necessary for the proper and
efficient government of said town, and which are, by law, allowed to
municipal corporations, are hereby likewise delegated to and vested in
the said town council.

36. Where, by the provisions of this act, the council have authority to
pass ordinances on any subject, they may prescribe any penalty, not ex-
cceding five hundred dollars, for violation thereof, and may provide that
the offender, on failing to pay the penalty prescribed, shall be impris-
oned in the jail of Alleghany county for any term not exceeding ninety
days. The penalty prescribed may be prosecuted and recovered with costs
in the name of the town of Covington; and it may be further required
that the offender, failing to pay his fine and cost, may be compelled to
work on the chain-gang of the town until his fine and cost be paid, as
provided by the laws of this State.

3%. No ordinance hereafter passed, after the first day of July, nine-
teen hundred and two, by the said council, as now constituted or as
hereafted elected, for the violation of which any penalty is imposed, shall
take effect until the same shall have been published by handbills, or as
the council may order. Such handbills shall be posted in at least five
public places in each ward of said town. A certificate of such posting
shall be filed by the town sergeant in the office of the clerk of said coun-
cil, and all laws regulating any ordinances of said council, certified by
the clerk, may be read in evidence in all courts of justice, and all pro-
ceedings before any officer, body, or board in which it shall be necessary
to refer thereto; but after the expiration of six months from the date of
such ordinance its publication shall not be questioned or its validity
affected by any failure to publish the same; but this section shall not ap-
ply to ordinances of whatever kind now in force in the town of Cov-
ington.

38. In every case w here a street of said town has been or shall be en-
croached upon by any fence, building, or otherwise it shall be the duty
of the council to require the owner, if known, or if unknown, the occu-
pant of the premises encroaching, to remove the same; and if such re-
moval be not made within the time prescribed by the council, they may
impose a penalty of not execeding 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
cost, by the same process that they are hereinafter empowered to collect
taxes. No encroachment upon any street of the said town, however long
the same shall have been or may be continued, shall constitute an ad-
verse possession to or confer any right upon the person claiming there-
under or against the said town.
39. Whenever any strect, alley, or lane in said town shall be opened to
and used as such by the public for the period of five years, unless notice
of the contrary intention on the part of the land owner be given to the
mayor of the town, 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 rights and interests therein as they have by law
over the other streets, alleys, and lanes laid out by them; and any street
or alley reserved in the divisions or sub-divisions into lote of any portion
of the territory within the corporate limits of said town by a plat or plan
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 is designated
for private usc; but upon a petition of a majority of the persons inter-
ested therein the council shall have power to open the same for the use of
the public.

40. The council shall grant and pay to all town officers elected un-
der or appointed in pursuance of this act such salaries or compensation
as the said council may, from time to time, deem just and proper.

41. If any person, having been an officer of said town, shall not, within
ten days after his term expires, or he shall have been vacated or been re-
moved from office, and upon notification and request of the mayor within
such time thereafter as the council may allow, deliver over to his suc-
cessor in office all property, books, and papers belonging to the town, or
appertaining to such office, in his possession or under his control, he and
his sureties shall forfeit and pay to the town the sum of five hundred
dollars, to be sued for and recovered with cost; and all books, records,
and documents used in any such office by virtue of any provision of this
act, or of any ordinance or order of the town council, or any superior
officer of said town, shall be deemed the property of said town and apper-
taining to said office, and the chief officer thereof shall be responsible
therefor.

42. The town council may take from any officer elected or appointed
by them a bond, with sureties to be approved by the council in such pen-
alty as they may deem propcr, payable to the town by ite corporate name,
with condition for the faithful discharge of the duties of such officer.
All officers elected or appointed by the council may be removed from
office at the pleasure of the council. All bonds of officers elected by the
people, or elected or appointed by the council under this charter, shall be
filed with and kept by the clerk of the council.

43. There shall be clected by the council, at its first meeting in the
month of April, nineteen hundred and two, or as soon thereafter as prac-
ticable, one town treasurer, who shall hold his office during the pleasure
of the council. Tle shall qualify and give bond before the council, with
surety approved by it, in a penalty to be determined by the council.
Any vacancy in this office shall be filled by the council.

41. The said town treasurer shall collect and receive all money be-
longing to the town, and he shall perform such other duties as are pre-
scribed by the council. He shall keep his office in some convenient place
in the town. Ffe shall keep his books and accounts in such manner as
the town council may prescribe, and such books and accounts shall always
be subject to the inspection of the mayor, any member of the town coun-
cil, or any committee or committees of the council. He shall receive for
his services such compensation as the town council may, from time to
time, allow.

45. No money shall be paid out by the town treasurer except by order
of the council, and upon a warrant of the clerk of the council, counter-
signed by the mayor; and said town treasurer shall keep a separate ac-
count of each fund or appropriation, and the debits or credits belong-
ing thereto.

46. The town treasurer shall report to the town council or a committee
thereof, at the end of each month, or oftener, if required, a full and de-
tailed account of all receipts and cxpenditures during the preceding
month, and the state of the treasury. He shall also keep a register of
all warrants, their dates, amount, number, and the 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 re-
port to the town council by the auditing committee thereof, who shall
examine and compare the same with the books of the treasurer, and report
discrepancies, if any, to the town council.

47. The town treasurer shall collect all taxes and assessments which
may be levied by the town council, and for that purpose he shall be in-
vested with power and be subject to the liabilities and penalties now pre-
scribed by law in regard to county treasurers.

48. All money reccived on any special assessment shall be held by the
treasurer as a special fund, to be applied for the purposes for which the
assessment is made, and said money shall be used for no other purpose
whatever.

49. The treasurer shall be required to keep all moneys in his hands
belonging to the town in such place or places of deposit as the town
council may bv ordinance provide or direct; such moneys shall be kept
separate and distinct from all other moneys, and he is hereby expressly
prohibited from using, either directly or indirectly, the corporation
money or warrants in his custody or keeping for his own use or benefit,
or for that of any person whosoever.

50. There shall be elected by the council, at its first meeting in April,
nineteen hundred and two, or as soon thereafter as practicable, one clerk
of the council, who may be a member of the council. He shall hold his
office during the pleasure of the council. He shall attend the meetings
of the council and keep a record of its proceedings. He shall have the
custody of the corporate seal. 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 them. He shall give notice to all parties presenting
communications or petitions to the town council of the final action of
the council on such communication or petition. He shall publish such
reports and ordinances as the town council is required to publish, and
such other reports and ordinances as it may direct, and shall, in general,
perform such other acts and duties as the council may, from time to time,
require of him. His compensation shall be such as the council may, from

34
time to time, allow. Any vacancy in this office shall be filled by the
council.

51. There shall be elected by the council, at its first meeting in April,
nineteen hundred and two, or as soon thereafter as practicable, one com-
missioner of the revenue, who shall hold his office during the pleasure of
the council. He shall qualify and give bond before the town council,
with surety in such amount as the council may determine; said surety to
be approved by the council. Any vacancy in this office shall be filled by
the council.

52. The said commissioner of the revenue shall perform all the duties
in relation to the assessment of property for the purpose of levying the
town taxes and licenses that may be ordered by the town council. He
shall keep therein such books, schedules, records, and other papers, and
in such manner as the mayor and town council may direct and prescribe,
which books, schedules, records, and other papers shall be subject to the
inspection and examination of the mavor, the members of the town coun-
cil, or any committee or committces thereof, and of the treasurer. His
compensation shall be such as the council shall, from time to time, allow.

53. There shall be appointed by the council, at its first meeting in
April, nineteen hundred and two, or as soon thereafter as practicable,
one town sergeant. He shall qualify and give bond before the council
fer such amount and with such surety as the council may approve, and
shall hold his office during the pleasure of the council. His compensa-
tion shall be such as the council may, from time to time, allow. In all
cases, civil and criminal, arising in said town, or within one mile of the
corporate limits thereof, he shall be vested with all the powers which the
general laws of this State confer upon constables. He shall be the chief
of police of said town. In addition to the powers conferred upon town
sergeants by the general laws of this State, the sergeant of said town,
and all police officers appointed by the mayor or town council thereof,
shall have all the powers conferred upon special police by the provisions
of section thirty-nine hundred and twenty-seven of the Code of Vir-
vinia of cighteen hundred and eighty-seven, and amendments thereto.
They shall have the power to arrest without warrant and carry before
the mayor, to be dealt with according to law, any and all persons who
shall violate any ordinance of the town in their presence.

54. The council shall control and manage the water works of said
town, either by itself or through such committees or agencies as it may
adopt; and the council shall prescribe and regulate the rates of charges
to be paid for the use of water furnished by the town te the citizens
thereof, and to persons outside the corporate limits thereof, who may
wish to purchase water from the town. They may impose fines and pen-
alties for the injury or abuse of said works or property connected there-
with or for waste of said water furnished by the town, and may enforce
and collect said fines and penalties and the charges for water by distress
or otherwise, as the council may determine.

55. The council of the town of Covington, whenever three-fourths
of its members by a recorded vote decide that it is to the interest of the
town so to do, may borrow moncy for the uses and purposes of the town
by issuing bonds of the said town and selling the same for the purpose of
raising such money: provided, however, that no bonds shall be issued
under this act unless and until such issue shall be authorized by three-
fifths of the qualified voters of the town of Covington voting at an elec-
tion to be held for the purpose, which shall be directed by an order of
ihe council of said town prescribing the time and place for holding such
election, notice of the same to be published for thirty days by handbills
posted at ten or more public places in the said town; the officers for the
conduct of such election to be appointed and their duties and obligations
as such, as well as the method of conducting such election, making re-
turns of the same and ascertaining and declaring the result thereof to
be also prescribed by the council; all the necessary cost attending such
election and ascertaining and declaring the result thereof to be paid by
the town council out of any funds of the town not otherwise appropriated.

56. Any bonds which may be issued under this act may be either reg-
istered or coupon bonds, and shall be issued in such denomination and
bear such rate of interest, not exceeding five per centum per annum, as
may be determined by the council. Such bonds shall be made payable
in 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 pre-
seribe; the interest shall be made payable annually or semi-annually, as
the council may determine; and the council may exempt any or all of
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 certificate to the cffect that the town of Covington has received the
amount of said bond from the holder, and when such certificate is so en-
dorsed upon said bond, and signed by the treasurer, the title of the pur-
chaser shall in no case be questioned, nor shall the purchaser or any sub-
sequent 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 act shall be signed by the
mayor, and 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 under the orders of the council. Every bond issued
by the council shall state on its face for what purpose it was issued, and
the proceeds of such bonds shall be applied exclusively to the purpose
for which said bonds were issued; but the bonded debt of the town shall
at no time execed in the aggregate fifteen per centum of the assessed
value of the real and personal property in the town. And _ provided,
always, that no bonds shall be issued or sold for the purpose of subscrib-
ing to the stock of any company for internal improvement or other pur-
poses; and nothing contained in this charter shall be held to authorize
the council to endorse or guarantee the bonds of any person or corpora-
tion whatever.

5%. The council shall have the power to tax all real and personal
property situated in said town and not exempt from State taxation,
including any taxable real or personal property omitted from the State
assessment ; to levv a tax on licenses of agents of insurance companies
whose principal office is or is not located in said town, if said insurance
companies write, or offer to write, any insurance in said town; to
auctionecrs, to public theatricals, or other performances or shows; to
keepers of billiard and pool, and such like tables, ten-pin alleys;
to hawkers and peddlers, to agents for the renting of real estate, to com-
mission merehants, and any other business for which a license would be
required by the State within the limits of the constitution: provided,
however, that the said town council shall have the right to impose a
license tax of not less than one hundred dollars nor more than one thou-
sand dollars on all dealers and all handlers of liquor within the corporate
limits of the town of Covington, or within one mile of such limits, and
upon all auctioneers who shall bring into said town merchandise to be
sold at auction; and said town council shall have the right to impose a
license tax of not less than one hundred dollars nor more than two hun-
dred dollars upon any person, firm, or corporation who, not being en-
gaged regularly in business in said town, shall consign their goods to
others to be sold, or shall come into said town tomsetves at various
times and intervals to offer their goods, wares, and merchandise for sale,
by auction or otherwise, without the intention of continuing their busi-
ness permanently or regularly in said town: provided, that anv farmer
may sell the products of his farm in the said town without any license.
The jurisdiction of the corporate authorities of said town for imposing
and collecting a license tax on saloons, shows, performances, and exhi-
bitions shall extend one mile beyond the corporate limits of said town.

58. The council may grant licenses to owners or keepers of slot ma-
chines, wagons, drays, carts, hacks, and other whecl carriages kept or
employed in the town for hire: and may require the owners or keepers of
wagons, drays, or carts using them in the town to take out a license there-
for, 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 compensations.

59. All goods and chattels wheresoever found may be distrained and
sold for taxes and licenses assessed and due thereon; and no deed of
trust or mortgage upon goods and chattels shall prevent the same from
being distrained and sold for taxes and licenses assessed against the
grantor in such deed while- such goods and chattels remain in the
grantor’s possession.

60. There shall be a lien upon real estate for the taxes assessed thereon
by the town council from the commencement of the year for which they
were assessed. When any of said taxes are returned delinquent by the
town treasurer, a list of the same shall be returned to the clerk of the
county court of Alleghany county, and be by him entered in a book
furnished by the said town, and kept in his said office, the form and man-
ner of entering the same to be similar to that provided by law for the
record of delinquent taxes on real estate due the State. In said book
there shall also be columns in which shall be entered the names of pur-
chasers, the amount and date of sales of real estate sold for delinquent
{axes as provided in this charter. When the taxes so returned delinquent
are entered into said record as herein provided, the same shall be held to
he constructive notice of the lien thereof, and the said real estate shall
be liable thereto as against ereditors, and in the hands of purchasers or
other persons into whose hands the said real estate may’ pass. And the
said real estate may be sold for said taxes as provided in this charter,
whether owned by the persons in whose names it was assessed or not.
After said real estate has been sold for taxes, the same may be redeemed
within such time and by such persons and upon such terms as is pro-
vided by law for the redemption of lands sold for State taxes, except
that the moneys paid for such redemption shall be paid to the treasurer
of the town of Covington. Upon the redemption of said real estate, the
treasurer shall issue to the persons so redeeming it a certificate to that
effect, which shall be presented to the clerk of the county court, who
shall thereupon mark in the said record the redemption of said real
estate, the name of the party redeeming it, and the date thereof. The
clerk shall receive for his service a fee of ten cents for each lot of land so
entered in said record, a fee of ten cents for the entry of such sale of real
estate as is provided in this charter, and a fee of twenty-five cents for
each redemption so entered, to be paid by the town of Covington, and
which shall be charged against and be a lien upon said land along with
the taxes against the same. At the expiration of the time within which
said real estate may be redeemed, if the same has not been redcemed as
herein provided, the clerk of the council of the town of Covington shall
execute to the purchaser thereof a deed conveying the same in like man-
ner as is now prescribed by law for the conveyance of real estate by the
clerk of the county court which has been sold for delinquent taxes due
the State, and such deed shall convey such title as would be conveyed
had the same been sold for delinquent State taxes.

61. The county court of Alleghany county, on the application of the
council of the town of Covington, may order real estate delinquent for
the non-payment of taxes to be sold by the treasurer of the town of Cov-
ington at public auction for such taxes, penaltics, interests, and costs
at such time as it shall direct, said sale and the advertisement thereof to
be made in conformity, as near as may be, to the State law with refer-
ence to the sale of delinquent lands. When such sale has been made,
the same, with the date thereof, the name of the purchaser, and the
amount for which the said real estate sold, shall be entered by the clerk
in the record of delinquent real estate provided for in section sixty.

62. If at any sale no bids shall be made by any person for any such
parcel of land, or such bids not be equal to the taxes, with interests, pen-
alties, and costs thereon, then the same may be bid in and purchased
by the treasurer for the town. On such sale the treasurer shall execute
to the town a certificate of sale, in which the property purchased shall
be described and the aggregate amount of taxes, interests, penalties, and
costs specified, and shall deposit such certificates with the clerk of the
council of the town.

63. In case that any real estate purchased by the treasurer for the
town as hereinbefore provided shall not be redeemed within the time
specified, the town treasurer shall, within sixty days after the expiration
of the time for redemption, cause to be recorded in the clerk’s office of the
county court of Alleghany county such certificate of sale, with his oath
that the same has not been redeemed, and thereupon the said town of
Covington, or its assigns, shall acquire an absolute title to the same.
The said certificate, or the record thereof, or a certified copy thereof,
shall, in all courts and other places, be evidence of the facts therein
stated: provided, however, that the failure to obtain or record such cer-
tificate shall not invalidate the lien of the town for all taxes assessed
against such real estate; but the said town may, at any time, elect to
enforee its lien for taxes in a court of equity, and release its right as
purchaser, or to become a purchaser of such real estate.

64. The council of the town of Covington shall have the right to add
to all tax bills not paid by the thirty -first day of December in each year
a penalty of five per centum on the amount of such tax Ills, and the
said council shall also have the right to add to all taxes on licenses not
paid by the first day of June in each year a penalty of five per centum on
the amount of such licenses.

65. The council shall annually, at its regular meeting in May, or as
soon thereafter as practicable, order a levy upon all male persons within
said town over twenty-one years of age, and on all real estate within said
town not exempt from State taxation, and on all such personal property
and other subjects as may at the time be subject to taxation by the State:
provided, however, that the tax on persons shall be fifty cents, and the
tax levied for general purposes shall in no year exceed the aggregate
amount of the levy in the county of Alleghany for county and road pur-
poses in such year, and this maximum rate of taxation shall not be in-
creased except by amendment to this charter.

66. The council may organize and maintain a fire department for the
town, and appoint a chief engincer, assistant, and other officers with any
and all power which may have been or may be vested by law in such
offices; and may make rules and regulations for the government of the
officers and men of said department, and may prescribe their respective
duties in case of fire or alarms of fire; may fix their pay, if any be al-
lowed, and may impose reasonable fines for the breach of such regula-
tions, and may make such ordinanees as they may deem proper to ex-
tinguish and prevent fires; to prevent property from being stolen, and to
require citizens to render assistance to the fire department in case of
need, .

GY. All ordinances now in force in the town of Covington not incon-
sistent. with this charter, the laws of this State, and of the United
States, shall be and remain in force until amended or repealed by the
town council.

68. All acts and parts of acts inconsistent with this act are hereby
repealed.

69. ‘This act shall be in force from its passage.