Chap. 197.—An ACT to amend and re-enact sections 1, 2, 3, 5, and 11 of an act
approved March 4, 1898, entitled an act to incorporate the town of Buchanan,
and to repeal an act entitled an act to incorporate the towns of Buchanan and
Pattonsburg, in the county of Botetourt, approved January 19, 1882, and acts
amendatory thereof, and to repeal an act entitled an act to amend and re-enact
an act entitled an act to enlarge the powers of the town of Buchanan, in the
county of Botetourt, approved March 3, 1890, approved February 25, 1892.

Approved May 5, 1903.

1. Be it enacted by the general assembly of Virginia, That sec-
tions one, two, three, five, and eleven of an act approved March fourth,
eighteen hundred and ninety-eight, entitled an act to incorporate the
town of Buchanan, and to -repeal an act entitled an act to incor-
porate the towns of Buchanan and Pattonsburg, in the county of
Botetourt, under the name of the town of Buchanan, approved Jan-
wary nineteenth, eighteen hundred and eighty-two, and acts amenda-
tory thereof, and to repeal an act entitled an act to amend and re
enact an act entitled an act to enlarge the powers of the town of Buch-
anan, in the county of Botetourt, approved March third, eighteen hun-
dred and ninety, approved February twenty-fifth, eighteen hundred
and ninety-two, be amended and re-enacted so as to read as follows:

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

§ 2. The government of said town shall be vested in a mayor, six
councilmen, a recorder, an assessor, a treasurer, a sergeant, and such
other officers as the council may provide, who shall be residents of said
town; the present incumbents of said offices shall continue in office
until September first, nineteen hundred and three, at which time
their terms of office shall cease and determine. Two of the council-
men shall always reside on the north side of James river, and four on
the south side of James river. The mayor and councilmen shall con-
stitute the council of said town. The mayor and councilmen shall
be elected on the second Tuesday in June, nineteen hundred and
three, and every two years thereafter, and shall qualify and enter
upon the discharge of their duties on the first day of September next
succeeding their election, and shall serve until their successors shall
have been elected and qualified. The electoral board of Botetourt
county shall, not less than fifteen days before any town election therein,
appoint from the resident voters of said town one registrar and three
judges of election, who shall also act as commissioners of election.
The said registrar shall, before any election in said town, register all
residents of said town who have resided therein for twelve montha
consecutively next preceding the said election, and who shall have pre-
viously registered as voters in the said county of Botetourt. The
said registrar shall be governed, as to his qualification and powers,
and in the performance of his duties, by the general laws of this Com-
monwealth, so far as the same may be applicable. A list of the per-
sons so registered shall be delivered by the registrar to the judges of
election, who shall, at the time above prescribed, and in the manner
prescribed by law, open a poll at the place designated by the proper
officer, and the manner of receiving the ballots and canvassing the
votes shall conform to the general law. In case it is impossible, by
reason of a tie, to decide who is elected to any office, the commission-
ers of election shall select one of their number, who, in the presence
of the other two, shall decide by lot who is elected. Immediately
after any election, the commissioners of election shall make out and
deliver to the persons elected certificates of their election. The elec-
tion shall open at sunrise and close at sunset on the day thereof, and
the judges shall count the ballots and make return of the result. Said
return, with the ballots sealed up, shall be returned to the town coun-
cil, and the return shall be recorded in the record book of said coun-
cil. There shall be ten days’ notice of all elections by the sergeant,
who shall post written or printed notices thereof at three or more
public places in said town.

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

$5. The council shall have power to mark accurately bounds of
existing streets, and to compel the removal of obstructions therefrom,
and to lay off and pave new streets, alleys, and sidewalks, and to pro-
vide and protect shade trees thereon. The mayor’s court shall have
the same jurisdiction for condemning land for streets, alleys, and side-
walks of said town as the county court has for condemning land for
roads in the county. The council shall further have power to provide
against and prevent accidents by fire; to establish and regulate mar-
kets; to prevent the running at large of hogs, dogs, horses, and other
animals; to prevent the encumbering of streets, sidewalks, and alleys
in any manner whatever; to make sanitary regulations in reference to
contagious or other diseases; to regulate the building of all houses,
stables, privies, hog pens, and slaughter houses; to abate nuisances
at the expense of those who cause them; to restrain and punish drunk-
ards, vagrants, mendicants, and street beggars; to appoint police and
to prescribe their duties and compensation; and to make, pass, and
ordain such rules, regulations, and by-laws as they may deem neces-
sary and proper for the internal and general good, safety, health, and
convenience of said town, and the inhabitants thereof, and for enfore-
ing the provisions of this charter. They shall punish all violations
of law by fine or imprisonment, or both, in the discretion of the mayor:
provided, the accused shall have the right of appeal to the county
court in all cases whatever wherein the fine shall exceed twenty-five
dollars, or the imprisonment exceed thirty days. The authorities of
said town, with the consent of the county court, entered of record,
shall have the right to use the county jail whenever it may be needed
by them. Whenever judgment shall be rendered against any person
for fines, and there be no visible effects which the sergeant may dis-
train and sell therefor, the person so in default may be compelled to
work out such fines on the streets or other public improve
ments, and to suffer, in addition, such term of imprisonment as may
be prescribed by ordinances of said town. The mayor shall make at
the end of each month to the treasurer a full and explicit statement
and report of all fines imposed by him during the month, sctting forth
the date of said fine, against whom imposed, the amount thereof, the
amount of costs and to whom payable, and what payments, if any,
have been made thereon; all fines for violations of the ordinances of
the town shall be paid into the treasury of the said town, and shall
be appropriated as the council] may determine.

§ 11. All licenses must be signed and approved by the mayor, as-
sessor, and treasurer before they are valid. All warrants issued
against the treasury of the said town inust be signed by the chairman
of the finance committee of the council and approved by the mayor
before they are paid by the treasurer.

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