Chap. 72.—An ACT to amend and re-enact sections 3, 4, 6, 9, 10, 11, 13, 14, 17.
21, 24, 25, 26, 28, 29, 31, 32, 33, 36, 39, 40 and 41 of an act of the general
assembly of Virginia, approved January 11, 1898, entitled an act to amend
and re-enact the charter of the town of Culpeper.

Approved March 3, 1906.

1. Be it enacted by the general assembly of Virginia, That sections
three, four, six, nine, ten, cleven, thirteen, fourteen, seventeen, twenty-
one, twenty-four, twenty-five, twenty-six, twenty-eight, twenty-nine.
thirty-one, thirty-two, thirty-three, thirty-six, thirty-nine, forty, and
forty-one of an act approved January the cleventh, eighteen hundred and
ninety-eight, entitled an act to amend and re-enact the charter of the
town of Culpeper, be amended and re-enacted so as to read as follows:

33. The said town and the council thereof shall, in addition to the
powers herein and heretofore granted to it, and the duties herein and
heretofore imposed upon it, have all the rights and powers granted to
towns under chapter forty-four of the Code of Virginia, unless hereby
expressly denied to said town.
§4. The municipal authorities of the said town shall consist of a
mayor, recorder, treasurer, and six councilmen until September the first,
nineteen hundred and six, and shall thereafter consist of a mayor, re-
corder, treasurer, and eight councilmen, all of whom shall be elected by
the qualified voters. All persons duly registered as voters in said town
shall be eligible to any of said offices. The recorder shall be the assessor
of the said town.

At the next regular election held for said town, as provided by statute,
in addition to the mayor, recorder and treasurer, there shall be elected
eight councilmen.

At the first meeting of the council next hereafter elected, and consist-
ing of eight councilmen, as above provided, the said council shall divide
the members thereof into two classes, each class consisting of four coun-
cilmen, one of which classes shall hold office for the term of four years
and the other for the term of two years.

It shall be decided by lot which class shall hold for two years and which
for four.

And thereafter at each regular election, as provided by section 1021 of
the Code of Virginia, four councilmen shall be elected for the term of
four years each from the first day of September following their election,
and a mayor, recorder, and treasurer shall be elected for a term of two
years. from the first day of September following their election. _

$6. On or before the first day of June, nineteen hundred and six, the
council of said town shall elect a town sergeant, who shall hold office
during the pleasure of the council. The town sergeant can at any time
be removed from office by a majority vote of the council. Upon the death,
removal, or resignation of the town sergeant, the council shall elect a
successor, who shall likewise hold office during the pleasure of the council.

The town sergeant shall be the chief police officer of the said town, and
shall perform such other duties as the council may direct. He shall ‘have
power to exercise within the corporate limits of said town and in the
county of Culpeper within one mile of the corporate limits of the said
town, all the duties that a constable can legally exercise in regard to the
collection of claims, executing and levying process, and he shall be en-
titled to the same compensation therefor, and he and his sureties shall be
liable to all fines, penalties, and forfeitures that a constable is legally
liable to for any failure or dereliction in his said office, to be recovered in
the same manner and before the same courts that said fines, penalties,
and forfeitures are now recoverable against a constable.

He shall for his services receive such compensation as the council may
fix, not to exceed five hundred dollars.

89. The council in existence at the time of any election shall judge of
the election, qualifications, and returns of the members, newly elected,
and should any person returned be adjudged unduly elected or not quali-
fied to hold the office for which he is chosen, a special election to fill the
vacancy shall be held.

It shall be the duty of the mayor, as soon as may be after an election,
and within thirty days thereafter, to call a meeting of the council to
examine the returns; and the council shall forthwith cause the persons
elected to be notified of their election ; and whenever a vacancy shall occur

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from any cause in the office of mayor, treasurer, or recorder, the council
for the time being shall at once fill the vacancy for the unexpired term.

$10. The mayor, recorder, treasurer, and councilmen shall each. on
or before the first day of the term for which they are elected, make and
subscribe an oath or affirmation that they will truly, faithfully. and
impartially discharge the duties of their said offices to the best of their
abilities, so long as thev shall continue therein; the mayor, recorder, and
treasurer shall take said oath before a notary public or some other officer
authorized to administer oaths, and the councilmen before the mayor or
recorder or some other such officer, and said oaths shall be forthwith re-
turned to the recorder, who shall file the same and enter a memorandum
of the fact on the town records.

§11. If any one who shall have been duly elected mayor, recorder.
treasurer, or councilman, shall refuse or neglect to take the oath or
affirmation, or to give the bond required within the time above prescribed,
the council for the time being shall declare his said office vacant, and
shall forthwith fill such vacancy for the unexpired term.

$13. The council shall be presided over at its meetings by the mayor.
or in his absence by one of the councilmen selected by the majority of the
council present.

§14. The presence of the mayor and at least four councilmen, or in
the absence of the mayor the presence of five councilmen, shall be neces-
sary to make a quorum for the transaction of business.

§17. In all cases of a tie at any meeting of the council, or whenever
the vote of the mayor is necessary to give validity to any contract or lia-
bility incurred, or to any appropriation of money under the provisions of
section forty-one hereof, the mayor, if presiding, shall have the casting
vote.

§21. The levy so ordered may be upon all male persons within said
town over twenty-one years of age, not exempt from a State poll tax, and
on all the real estate within the said town which is not exempt from State
taxation, and on all such other subjects as may at the time be assessable
with State taxes: provided, that the tax do not exceed one dollar on
every one hundred dollars of the value assessed on real and personal
property, including that levied to meet the interest on the funded debt of
said town and to provide for the final payment of the principal thereof:
and provided, further, that before any debt shall be created by the said
council for money borrowed. the council, if it shall deem it to be to the
interest of the corporation to create such debt, evidenced by a recorded
vote of a majority of its members, or if fifty of the qualified voters of the
town shall present to the council a petition requesting the same, shall
submit to a vote of the qualified voters of the said town, at such time as it
may prescribe, not exceeding sixty days after such recorded vote, or after
the said petition shall have been presented as aforesaid, the question as to
whether said sum of money shall be borrowed. Said election shall be held
in the same manner as other elections are held in the said town, except
that the council shall prescribe the form of the ballot, both for and against
the said loan, and if a majority of the qualified voters voting at such
election shall be in favor of borrowing such money, and such majority
shall comprise a majority of the freeholders participating in such clec-
tion. the said council shall issue for sale the bonds of the said corporation,
which bonds shall in all cases be registered, and shall be issued in such
denominations and bear such interest not exceeding six per centum per
annum, as may be determined by the said council; said interest to be pay-
able quarterly, semi-annually, or annually, as the council may prescribe.
The said council may select a depository for the money arising from the
sale or negotiation of the said bonds: provided, they shall require such
security therefor as may be approved by the recorded vote of at least two-
thirds of all of the members of the council.

$24. The treasurer shall collect all the town taxes, licenses and other
revenues, and shall have the power one month after he shall have re-
ceived the books of the assessor of the said town, to distrain and sell
therefor in like manner as a county treasurer may sell and distrain for
State taxes, and shall have in all other respects the same powers as a
county treasurer to enforce the payment and collection thereof; and he
und his securities shall be liable to all fines, penalties and forfeitures
that a county treasurer is legally liable to for any failure or dereliction in
his said office, to be recovered in the same manner and before the same
courts that said fines, penalties and forfeitures are now recoverable
against the county treasurer. Said treasurer may appoint one or more
deputy treasurers to assist him in the discharge of the duties of his
office, and when such appointment is confirmed by the council, such
deputy shall have all the powers for the collection of such taxes, licenses
and other revenues .as is given to the treasurer by this section, and
shall be subject to the same penalties, remedies and liabilities: pro-
vided, however, that the treasurer and his sureties shall under no cir-
cumstances be released from liability for the faithful collection and
disbursement of the entire revenues of the town.

$25. There shall be a lien on the real estate within said town for the
town taxes assessed thereon, from the commencement of the year from
which they are assessed. When any of said taxes are returned delin-
quent a list of the same shall be returned to the clerk of the county of
Culpeper, and be by him entered in a book furnished by the said town,
and kept in his said office, the form and manner 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 purchasers, the amount and
date of sales of real estate sold for delinquent taxes 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 be constructive
notice of the lien thereof, and the said real estate shall be liable thereto
as ayainst creditors, 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 taxes as provided in this charter, whether owned
hy the persons in whose name it was assessed or not. After said real
estate has heen so sold for taxes the same may be redeemed within such
time, and by such persons and upon such terms as is provided 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
Culpeper. Upon such reedmption of said real estate the treasurer shall
issue to the persons so redeeming it a certificate to that effect, which
certificate shall be presented to the recorder of the town, who shall
charge the treasurer with the amount therein named, and shall coun-
tersign the same, and the same when so countersigned shall be pre-
sented to the clerk of the county, who shall thereupon mark in the said
record the redemption of the said real estate, the name of the party
redeeming it, and the date thereof, and shall preserve such certificate
in his office. 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 Culpeper 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 redeemed as herein provided, the recorder of
the town of Culpeper shall execute to the purchaser thereof a deed
conveying the same in like manner as is prescribed by law for the con-
veyance of real estate by the clerk of the county which has been sold
for delinquent taxes to the State, and such deed shall convey such
title as would be conveyed had the same been sold for State taxes.

$26. The circuit court of Culpeper on the application of the coun-
cil may order real estate, delinquent for the non-payment of taxes to
be sold by the treasurer at public auction for such taxes at such times
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 reference to the
sale of delinquent land. 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 twenty-five.

$28. The recorder, treasurer, and sergeant, and such other officers
and employees as may be required by the council so to do, shall, be-
fore entering upon the duties of their offices, or at such other time as
the council may require, execute before the council of the said town
_or other officers of the said town as the council may prescribe bond, in
such penalty, with such security and conditions as the council may
direct. The bond of the recorder shall be conditioned for the faithful
performance of the duties of his office, and the bonds of the treasurer,
sergeant or other officers and employees shall be conditioned for the
faithful performance of their respective duties as such, and for the
proper collection and accounting for all moneys which shall come into
their hands, respectively, or which it shall be their respective duty to
collect at such time as the council may order and to pay over all moneys
under proper order of the council to those entitled to the same, and
such other conditions as the council may direct.

$29. The mayor shall be the chief executive officer of the town. Tle
shall take care that the hy-laws, ordinances, acts and resolutions of the
council are faithfully executed. He shall be ex-officio a conservator
of the peace within the town and within one mile of the limits thereof,
and shall exercise all the powers, civil and criminal, vested in justices
of the peace for the county. He shall have control of the police of the
town, and may appoint special police officers when he deems it neces-
sary. It shall be his duty especially to see that peace and good order
are preserved, and that persons and property are protected in the town.
He shall have power to issue executions for all fines and costs imposed
by him, or he may require the immediate payment thereof; and in de-
fault of such payment, he may commit the party in default to the jail
of Culpeper county until the fines and costs shall be paid; but the term
of imprisonment ‘in such cases shall not exceed thirty days. He shall
from time to time recommend to the council such measures as he may
deem needful for the welfare of the town. He shall receive a salary to
be prescribed by the council, not exceeding three hundred dollars per
annum, to be paid by the treasurer in quarterly or monthly installments.
Such salary shall be fixed by the council preceding the election of
officers of the town, which shall be neither increased nor diminished
for the term for which he shall have been chosen.

$31. In case of the absence from town or the sickness of both
mayor and recorder, and in case the office of both mayor and recorder
are both vacant at the same time, the council shall, by vote of a ma-
jority present, appoint one of their own number to fill each office until
the mayor or recorder may return to resume their duties, or until such
vacancy or vacancies are properly filled.

§32. It shall be the duty of the treasurer to collect the taxes and
other income and revenue of the town, and to account for and pay the
same to such persens and at such times as the council may order; and
at such times as the council may prescribe to render an account to the
council showing his receipts and disbursements of the money which
he has or should have collected, and to account for all taxes and other
revenues which have been placed in his hands for collection and to
return therewith a list of such as he shall have been unable to collect
by reason of insolvency, to which list the officer so rendering it shall
make oath that he has used due diligence to collect the same, but has
been unable to do so. :

The council shall, if it be satisfied that he could not have collected
the said claims by use of due diligence, allow them; but if the council
shall be of the opinion that by the use of due diligence on the part of
the said treasurer or his deputy, he could have collected said taxes or
other claims, then he shall be chargeable with such as he might have
collected.

$33. All moneys belonging to said town shall be paid over to the treas-
urer, and no money shall be paid out except as the same shall have been
appropriated and ordered to be paid by the council; and the treasurer
shall pay the same only upon warrants drawn upon him as provided in
section thirty of this charter. He shall keep regular accounts with the
town, crediting it by all moneys received, and which by due diligence
he might. have received, and charging it with all moneys so disbursed,
which books, as well as all others relating to the business of the town,
shall be open at any time to the inspection of the council or any mem-
ber thereof. He shall also keep a book in which shall be registered all
warrants presented, payment of which is refused for want of funds to
mect the same, and the warrants so registered shall be paid in the order
in which they are registered, when funds applicable thereto shall come
into his hands, except that the person to whom any warrant is made
payable may use the same in the payment of taxes. Should the person
to whom any warrant is made payable be indebted to the town for taxes
or otherwise, then the said indebtedness shall be deducted therefrom,
whether in the hands of the person to whom payable or any other. He
shall annually, on the first day of June, or as soon thereafter as prac-
ticable, settle his accounts with the council or a committee thereof, at
which time he shall furnish a statement of all moneys received by him
during the preceding year, and of all disbursements made, together
with the warrants upon which said payments were made, which war-
rants shall be inspected, and, if approved, cancelled by the said council
or committee, as the case may be. Fle shall receive a compensation for
his services not to exceed five hundred dollars per annum, to be fixed by
the council preceding the election of officers of the town, which shall
not be increased or diminished for the term for which he shall have
been elected.

$36. If the sergeant, treasurer, or other officer or employee shall fail
to collect, account for, and pay over all the taxes, fines and other
revenues of the town in their hands for collection or safekeeping, ac-
cording to the conditions of their respective bonds, it shall be lawful for
the council to recover the same by motion in the corporate name of the
‘town before any court of record in the said county of Culpeper, against
the sergeant, treasurer or other officer or employee and sureties of either
in his bond, or any or either of them, his or their executors or admin-
istrators, on giving ten days’ notice of the same. But this section shall
not be construed to prevent the bringing of any action by the town
which it might have brought had this section not have been passed.

$39. The council shall not take or use any private property for
streets or other public purposes without making to the owner or own-
ers thereof just compensation for the same; but in all cases where the
said corporation cannot by an agreement obtain title to or an easement
in the ground necessary for such purposes, it shall be lawful for said
corporation to apply to obtain from the circuit court of Culpeper for
authority to condemn the same, either within or beyond the corporate
limits of the town of Culpeper, which shall be applied for and pro-
ceeded with according to law.

$40. All the rights, privileges and properties of the said town here-
tofore acquired and possessed. owned and enjoyed by any act now in
force, not in conflict with this act, shall continue undiminished and
remain vested in the said town under this act, and all laws, ordinances,
acts and resolutions of the council now in force, not inconsistent with
this act, shall be and continue in full force and effect until regularly
repealed by a council elected as provided under this act.

$41. The council shall not have the power to contract any debt or
liability, or make any appropriation of money without the concurrence
of at least five members of the council, or four members and the mayor,
entered on the journal.

An emergency requiring the same being deemed to exist. this act
shall be in force from its passage.