Chap. 227.—An ACT to amend and re-enact sections 2, 3, 4, 5. 6, 13, 14, 15,
16, 17, 42, 45, and 50, of the charter of the city of Manchester as enacted
by an act of the General Assembly, approved March 20, 1874, providing
for the submission of the same to an election by the qualified voters of said
city, and providing for the proper operation of said amendments, and enact-
ing a schedule in relation thereto.

Approved February 15, 1901.

1. Be it enacted by the general assembly of Virginia, That sections
two, three, four, five, six, thirteen, fourteen, fifteen, sixteen, seventeen.
forty-two, forty-five, and fifty, of the charter of the city of Manchester,
as enacted by the general assembly of Virginia, by an act entitled “
act to provide a charter for the city of Manchester,” approved March
twentieth, eighteen hundred and seventy-four, subject to an election
herein provided for, be amended and re-enacted so as to read as follows:

§ 2. The city shall consist of four wards, whose names and bounds shal!
he as follows:

First ward, containing all that portion of the ofty lying below or on
the eastern side of Seventh strect. Second ward, containing all that por-
tion of the city lying between Seventh and Tenth streets. Third ward.
containing all that portion of the city lying on the southern side of Hull
street, and the western side of Tenth street. Fourth ward, containing all
ihat portion of the city lving on the northern side of Hull street, and the
western side of Tenth street, extending in all cases to the corporate limits.

The city council as now constituted, consisting of one body, or as here-
after to be constituted under this act. consisting of two*bodies, shall at
all times have full power to increase the number of said wards, or to
change or alter the boundaries of the wards in said city, and to define and
fix the boundaries of wards and voting precincts therein and fix their
locations.

§ 3. The administration and government of the city shall be vested
in one principal officer, to be styled the mayor; the city council to be
composed of the board of aldermen, consisting of two members from each
ward, and the city assembly, consisting of three members from each ward,
and in such other boards and officers as are already provided for under
this charter, or may have already been created, or shall hereafter be
created by the city council.

Fach board composing the city council shall have one regular meeting
during each month and as many special or called meetings as the inter-
ests of the city shall require. A majority of the members elected to each
board shall constitute a quorum for the transaction of business. No
ordinance or resolution shall become a law of the city until adopted by a
majority of each board present and voting.

$4. There shall be elected by the qualified voters of the city of Man-
chester on the fourth Thursday in May preceding the expiration of their
present terms of office, a commonwealth’s attorney and a city sergeant,
whose term of office shall be two years; a commissioner of the revenue,
whose term shall be four years; a treasurer and constable, whose term
shall be three years; a mayor, whose term shall be two years, and a clerk
of the hustings court, whose term shall be six years; and there shall be
elected by the qualified voters of each ward one justice of the peace,
who shall be a resident of the ward, and whose term of office shall be
two years, and thereafter on the fourth Thursday in May of each year
preceding the expiration of their terms of office.

There shall be elected by the qualified voters of the city of Manchester
on the fourth Thursday of May, nineteen hundred and two, three mem-
hers of the city assembly from each ward, who shall hold their offices
for the terms as follows: two for the term of one year, and one for the
term of two years; at the next election, one year thereafter, two shall be
clected for two years, and at the next election, one year thereafter, one
shall be elected for two vears, and so on each vear alternating as afore-
said.

There shall be elected by the qualified voters of said city on the fourth
Thursday in May, nineteen hundred and two, two members of the board
of aldermen from each ward, one for the term of one year and one for the
term of two years, and in each year thereafter there shall be eiected one
member of the said board from each ward, whose term of office shall be
two years. The candidates receiving the greatest number of votes shall
receive the long terms. The terms of office of all members of the city
assembly and board of aldermen shall commence on the first day of July
next succeeding their election.

The terms of office of the members of the city council, as constituted
under the city charter in force before these amendments, shall cease
and determine on the first day of July, nineteen hundred and two, and the
board of aldermen and city assembly elected on the fourth Thursday of
May, nineteen hundred and two, as their successors shal] then succeed to
all the duties, powers and functions imposed upon and vested in the city
council under the provisions of this charter as heretofore enacted and by
this act amended.

All elections by the people for city offices, whether for regular terms or
to fill vacancies, shall be held on the fourth Thursday in May, and the
officers then clected shall enter upon the duties of their offices on the first
day of July following and hold office until their successors are duly
elected and qualified, unless sooner removed from office. Said elections
shall be conducted under the provisions of the general election laws of
this state, as now in force or hereafter enacted. When two or more
persons are to be elected to the same office, the several persons to the
number required to be chosen having the highest number of votes shall
be declared elected.

$5. If it shall appear by said election returns at any election, that
any municipal officer has not been elected, or if any person elected to a
municipal office shall refuse to accept said office, the council shall elect
such ofticer or officers, either from the candidates or from the citizens
qualified to hold office; or, if it shall appear by said election returns that
any such officer shall not have been elected by reason of two or more can-
didates having received an equal number of votes, the council shall elect
such officer from among said candidates, and such officer or officers shall,
after being qualified according to law, hold such office or offices until
their suceessors shall he elected and qualified. All elections of officers
to he elected by the council shall be elected by a majority vote of the two
boards in joint session. At such joint sessions the president of the board
of aldermen shall preside, and in his absence the president of the city
assembly, and in his’ absence a president pro tempore shall be elected bv
the joint session.

§ ‘. In case a vacancy shall occur in any municipal office the city
council shall elect a qualified person to fill said office, who shall hold his
office until the vacancy is supplied by a regular election for the unex-
pired term at the next general election, and until his successor is quali-
fied.

$13. In the case of the absence or inability of the. mayor, the presi-
dent of the board of aldermen shall possess the same powers and discharge
the municipal duties of the mayor during such absence or inability: pro-
vided, also, that the mayor's court during such sickness or inability of the
mayor may, at the request of the mayor, during his absence or inability
to act, be held and presided over by a duly qualified justice of the peace.
who may try all causes, hoth criminal and civil. and ordinance violations
over which the mayor may have jurisdiction.

The president of the hoard of aldermen shall sign, execute, and acknow-
ledge all deeds, notes, contracts, or other instruments necessary and
proper to be made or executed by or for the city of Manchester, and in
his absence from the city or inability, the same shall be done by the presi-
dent of the city assembly, and in the absence or inability of both, by the
mayor.

$11. The council of the city shall be composed of two boards—the
hoard of aldermen and the city assembly—as provided in section four
They shall be elected by the electors of their respective wards, and shall
hold their office as hereinbefore provided.

§ 15. At their first regular meeting in July in each year, or as soon
thereafter as may be practicable, the said two boards shall each elect one
of its members to act as president, who shall preside at their meetings and
continue in said office one year and until his successor is elected, and when
from any cause he shall be absent a president pro tempore shall be elected,
who shall preside during such absence. The record of the proceedings of
the said two boards shall be signed by the officer presiding when said re-
cord is read and approved. The president of either board shall have the
power to call a meeting of the board over which he presides whenever he
deems it necessary ; and, in case of his absence or inability or refusal, the
same may be convened by the order, in writing, of any three members of
said board.

The said two boards shall, by resolution, fix the time for their stated
meetings; and no business shall be transacted at a special meeting but
that for which it was called.

§ 16. The said two boards shall have authority to adopt such rules,
and appoint such officers, committees, or clerks as they may deem proper
for the regulation of their proceedings and for the convenient transaction
of business, or in their discretion may appoint joint committees to compel
the attendance of absent members, to punish its members for disorderly
behavior; and by a vote of three-fourths of the whole board to expel a
member for malfeasance or misfeasance in office, or gross neglect of
official duty. They shall keep separate record books in which their clerk
shall record the proceedings of the said two boards and keep the same
properly indexed. The meetings of the said two boards shall be open,
except when the public welfare shall require secrecy.

§ 17. A majority of the members of each board shall constitute a
quorum for the transaction of business, but on all ordinances or resolu-
tions appropriating money exceeding the sum of five hundred dollars,
‘imposing taxes, granting a franchise, or authorizing the borrowing of
money a majority of the members of each board shall concur, and the
yeas and nays shall be entered upon the record; and at the request of any
member present, the yeas and nays on any question shall be taken and
entered upon record. No vote or question decided at a stated meeting
shall be rescinded at a special meeting, unless there be a majority of the
members present and concurring in the vote.

§ 42. There shall be one auditor, who shall also be city clerk and act
as clerk of both boards of the city council. He shall be appointed by the
joint vote of the city council in July, nineteen hundred and two, and
every three years thereafter, and shall hold his office three years and until
his successor shal] be appointed and qualified, unless sooner removed
from office by the city council.

All claims or demands of whatsoever nature against said city before
any suit, action, or warrant therefor can be brought, shall first be sub-
mitted to the auditor, properly itemized or clearly stated in a petition.
The auditor shall submit the same to the appropriate committee of the
council, and said committee after examining the same shall report the
same with such recommendation as may be proper to the council.

——
The council shall duly consider the same and order the same to be
paid wholly, or in part, as it may deem just, or wholly reject the same.
The auditor shall at once notify in writing such claimant of the council’s
action thereon. If such claimant be dissatisfied with such action he may
appeal as a matter of right to the corporation court of said city, and
such matters shall be tried and disposed of. All such appeals shall be
taken within thirty days after the appellant shall have received written
notice of the council's action as aforesaid. Such appeal may be taken by
causing a written notice thereof to be served upon the auditor, who shall
at once return to the clerk of said court the original papers in said mat-
ter, including the notice of appeal, and said appeal shall be heard by the
court thereon without any formal pleadings.

In any claim or demand for damages against said city to recover dam-
ages against it for any negligence in the construction, superintendence,
or maintenance of its streets, alleys, parks or other public works, or in any
other matter where any person or corporation is liable with the city for
such negligence, every such person or corporation shall be joined as de-
fendant with the city in every such claim or demand to recover damages
for such negligence, and if the council shall reject said application on
the ground that such other person or corporation is primarily liable
therefor, the said court shall have power to cause all such person or corpo-
rations by proper process for the purpose to be made joint defendants in
said appeal, and on the trial thereof it shall be ascertained, either by the
court or the jury under the instruction of the court, which of said de-
fendants is primarily liable for the damages to be assessed and judgment
shall be rendered accordingly.

No such appeal shall be taken in any matter in which the claim or de-
mand is less than ten dollars.

§ 45. The said clerk shall attend the meetings of the two boards of the
city council, and keep a record of their proceedings. He shall have cus-
tody of the corporate seal. 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 transcrip: of every ordinance, resolution and order, concerning
any public improvement, or for the payment of money, and every ordi-
nance, resolution, order and act of a legislative character passed by the
council at such session. He shall in like manner transmit to the
ircasurer a transcript of all ordinances, resolutions, or orders appro-
priating money or authorizing the payment of money, or the issue of
bonds or notes.

Ve shall, in like manner, give notice to parties presenting communica-
tions or petitions to the city council of the final action of the council on
such communications or petitions. He shall publish such reports and
ordinances as the city council are required by this charter to publish, and
shall certify on the margin of the minute book the fact of such publica-
tion, and the manner in which the same was done, 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.

§ 50. To aid the commissioner of the revenue in his duties, the clerk
of the corporation court of the city of Manchester shall deliver to said
commissioner such lists as are required by law to be made of all convey-
ances.
And be it further enacted by the general assembly of Virginia, as fol-
ows:

SCHEDULE.

§ 1. It shall be the duty of the officers conducting the election in the
city of Manchester on the fourth Thursday in May, nineteen hundred
and one, at the places appointed for holding the same, to provide a
separate ballot-box at said election, in which the judges of election shall
deposit the ballots of all qualified voters of said city desiring to vote on
the aforesaid amendments to the charter of the city of Manchester, and
to open a poll to take the sense of said electors upon the ratification or
rejection of said amendments.

§ 2. At said election each of said voters who shall approve of said
amendments shall, on the ballot which he uses to vote at said election,
have printed the words, “for the amendments,” and those who shall dis-
approve of said amendments the words, “against the amendments,”
which ballots shall be prepared, stamped, and distributed to the election
officers by the electoral board of said city in the manner prescribed by
law for other elections.

§ 3. Immediately after closing the polls at said election the election
officers shall count the ballots deposited as aforesaid at said election for
and against said amendments, and shall make return thereof at the
time and in the manner provided by law as to other elections, and ab-
stracts thereof shall be made out, certified and returned to the judge of
the corporation or hustings court of said city by the clerk of said court.

§ 4. It shall be the duty of said judge, as soon thereafter as may be
practicable, to enter upon the order book of said court the result of said
election, stating the number of votes for and against said amendments
and certifying, as the case may be, whether said amendments have been
approved or disapproved by the majority of said qualified voters.

§ 5. If a majority of said voters shall be in favor of said amendments,
then the said amendments shall take full effect as amendments and be-
come the law of said city on the first day of July, nineteen hundred and
two. If a majority of said votes shall be against the said amendments,
then the said amendments shall become void and of no effect, with the
exception, however, that if the present council, consisting of one body,
shall have, as is provided in section two of said amendments, increased
the number of wards in said city, or changed or altered the boundaries
of the wards in said city, or shall have defined or fixed the boundaries of
said wards and voting precincts, or fixed their locations, then such action
of the council shall remain in full force and legal effect: and provided,
also, that all of the forty-second section as herein amended, except the
first clause thereof, shall also remain in full force and legal effect, and the
first clause of said forty-second section shal] remain as the same is in the
present charter of said city.

§ 6. If a majority of said voters at said election shall be in favor of
said amendments, at the election to be held in said city on the fourth
Thursday in May, nineteen hundred and two, all the members of the
said two boards of the city council of said city shall be voted for and
elected in the manner provided in section four of said amendments, for
each ward of said city as the same shall be then constituted, and they
shall take oflice on the first day of July, nineteen hundred and two, and
the terms of office of the members of the city council consisting of one
board shall then expire.

§ 7. All ordinanees of the city council of the city of Manchester now
in foree, shall remain in force as the law of the city until the same shall
be altered, amended or repealed by the present city council, or the new
city council to be elected under this act.

The powers of the present city council of the city of Manchester shall
remain the same as before the passage of this act, until this act goes into
full foree and effect on the first day of July, nineteen hundred and two.
if said amendments be adopted, and if said amendments be rejected.
shall remain the same as before the passage of this act until altered bv
the general assembly, except as hereinbefore provided.

§ 8. This act shall take effect on the day of its approval by the governor.