Chap. 106.—An ACT to amend and re-enact sections 19 and 74, of an act
entitled an act to provide a charter for the city of Manchester, approved
March 20, 1874, as amended by an act approved February 27, 1878, and as
further amended by an act approved March 3, 1900.

Approved February 29, 1908.

Be it enacted by the general assembly of Virginia, That sections
nineteen and seventy-four of an act approved March twentieth, eighteen
hundred and seventy-four, entitled, ‘“‘an act to provide a charter for
the city of Manchester,’ as amended by an act approved February
twenty-seventh, ¢ighteen hundred and seventy-eight, and as further
amended by an act approved March third, nineteen hundred, be amended
and re-enacted, so as to read as follows:

§19. The council shall have, subject to the provision herein con-
tained, the control and management of the fiscal and municipal affairs
of the city, and all property, real and personal, belonging exclusively
to said city, as now provided by law, and may make such ordinances,
orders, and by-laws relating to the same as it shall deem proper and
necessary. But in the execution of their powers to levy and assess taxes,
they shall impose and receive in no case a higher rate of penalty for
non-payment of taxes than is prescribed by the laws of the State upon
persons delinquent for the non-payment of State taxes. They shall
likewise have the power to make such ordinances, by-laws, orders, and
regulations as they may deem desirable to carry out the following
powers, which are hereby vested in them:

First. Markets—To establish and regulate markets in and for said
city ; appoint proper officers therefor; to prescribe their duties and com-
pensation; to prescribe the times and places for holding the same; keep
in order suitable buildings therefor; to adopt and enforce such rules
and ordinances respecting said markets as, in their opinion, the con-
venience or interest of the inhabitants of said city shall require, and
adopt such rules and ordinances as may be necessary to regulate or
prevent huckstering, forestalling and regrating.
Second. Workhouse, poorhouse, etcetera—To erect or provide, in or
near the city, suitable workhouses, houses of correction or reformation,
and houses for the reception and maintenance of the poor and destitute.
They shall possess and exercise exclusive authority over all persons
within the limits of the said city receiving or entitled to the benefits
of the poor laws, appoint officers and other persons connected with the
aforesaid institution, fix their compensation, and regulate pauperism
within the city; and the council through the agencies it shall appoint
for the direction and management of the poor of the city, shall exercise
the powers and perform the duties vested by law in the overseers of the
poor.

Third. Public buildings and grounds.—To erect and keep in order
all public buildings necessary or proper for said city; to open, regulate,
and ornament public squares and parks in or near the city.

Fourth. City prison.—To provide within said city a city prison; and
said prison may contain such apartments as shall be necessary or proper
for the safe-keeping of all persons confined therein.

Fifth. Waterworks and gasworks.—To establish or enlarge water
works and gasworks or electric light plants within or without the limits
of the said city, and to furnish water, gas, or electricity to private con-
sumers at rates to be prescribed or agreed upon; contract and agree
with the owners of any land for the use or purchase thereof, or may
have the same condemned for the location, extension, or enlargement
of their said works or plants, the pipes connected therewith, or any of
the fixtures or appurtenances thereof. They shall have the power to
protect from injury by adequate penalties the said works, plants, pipes,
fixtures, and lands, or anything connected therewith, within or without
the limits of said city, and to prevent the pollution of the water in the
river, by prohibiting the throwing of filth or offensive matter therein
above the said waterworks, within five miles above the dam or feeder
leading to the present waterworks, or anv that may be hereafter estab-
lished.

Sixth. Wharves and docks.—To establish, construct and keep in
order, alter or remove landings, wharves and docks on lands belonging
to or which may hereafter belong to said city, and to lay and collect a
reasonable duty on vessels coming to and using the same; to prevent and
remove all obstructions in and upon such landings, wharves and docks;
to preserve peace and good order upon the same, and upon all other
wharves and landings in said city. They’ may also appoint port war-
dens for the port of said city, prescribe their duties and fix their fees or
compensation.

Seventh. Streets and alleys.—To close or extend, widen or narrow,
lay out, graduate, curb and pave, and otherwise improve streets, side-
walks and public alleys in the city, and have them kept in good order
and properly lighted; and over any sticet or alley in the city which has
been or may be ceded or conveyed to the city 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 prevent
or remove any structure, obstruction or encroachment over or under or
in any street, sidewalk or alley, avenue or public square in said city, and
may permit or forbid shade trees to be planted along said streets; but
no company shall occupy with its works, or any appurtenances thereof,
the streets, sidewalks or alleys of the city, without the consent of the
council, duly entered upon its record. The council shall have power to
make charges for the occupation of the streets, alleys, or public places
of the city and require payment therefor, to be paid in the form of
licenses, taxes, or rent charges, as the council in its discretion may
deem best. In the mean time, no order shall be made and no injunc-
tion shall be awarded by any court or judge to stay the proceedings
of the city in the prosecution of their work, unless it be manifest that
they, their officers, agents, or servants, are transcending the authority
given them by this act or the general laws of this State and that the
interposition of the court is necessary to prevent injury that cannot be
adequately compensated in damages.

Eighth. Railways——To authorize the laying down of city railway
tracks and the running of cars thereon in the streets of the city, under
such regulations as they may prescribe.

Ninth. To determine and designate the route and grade of any rail-
road to be laid in said city, and to restrain and regulate the rate of
speed of locomotives, engines and cars upon the railroads within the
said city, and may wholly exclude said engines or cars, if they please,
provided no contract be thereby violated.

Tenth. Vehicles—To regulate and prescribe the breadth of tires upon
the wheels of wagons, carts and vehicles of heavy draught used upon
the streets of said city: provided, however, that this section shall not
apply to vehicles coming into and not owned in said city.

Eleventh. Inspection.—To require spirituous liquors, wine, oil, mo-
lasses, vinegar and spirits of turpentine, in casks, to be gauged and
inspected; to make provision for and regulate the weighing of hay,
fodder, oats, shucks or other long forage; to provide for measuring corn,
oats, grain, potatoes, coal, stone, wood, lumber, boards and other articles
for sale or barter.

Twelfth. To require every merchant, retailer, trader and dealer in
merchandise or property of any description which is sold by measure
or weight, to cause their weights and measures to be sealed by the city
sealer, and to be subject to his inspection, and may impose penalties for
any violation of any such ordinance.

Thirteenth. Military companies, schools, etcetera —To grant aid to mil-
itary companies and regiments organized within the city; to societies or
associations for the advancement of agriculture and the mechanic arts;
to scientific, literary, and benevolent societies, provided such societies
or associations are located in or near the city; or, in the case of agricul-
tural societies, shall hold their fairs in or near the city; and to provide
or aid in support of public libraries and public schools.

Fourteenth. Contagious diseases—To secure. the inhabitants from
contagious, infectious, or other dangerous diseases; to establish, erect,
and regulate hospitals; to provide for and enforce the removal of
patients to said hospitals.

Fifteenth. Board of health—To appoint and organize a board of
health for said city, with authority for its government and support, and
for the prompt and efficient performance of its duties,
Sixteenth. Burial grounds—To provide in or near the said city,
lands to be appropriated, improved, and kept in order as places for the
burial of the dead, and may charge for the use of ground in said places
of burial, and may regulate the same; may regulate the burial of the
dead in the burial grounds within the city, or prevent the same entirely ;
and may require the keeping and return of bills of mortality by the
keepers or owners of aH cemeteries.

Seventeenth. Quarantine.—To adopt and enforce such regulations as
may be necessary, under the usual system of quarantine.

Eighteenth. Nuisances.—To require and compel the abatement and
removal of all nuisances within said city, at the expense of the person
or persons causing the same, or owner or owners of the ground whereon
the same shall be. To regulate and prevent slaughterhouses, soap and
candle factories, or the prosecution of any dangerous, offensive, or un-
healthy business, trade, or employment therein; and to regulate the
transportation of coal and other articles through the streets of said city.

Nineteenth. If any ground in the said city shall be subject to be cov-
ered by stagnant water, or if the owner or owners, occupier or occupiers
thereof shall permit any offensive or unwholesome substance to remain
or accumulate thereon, the council may cause such ground to be filled
up, raised, or drained, or may cause such substance to be covered or
removed therefrom, and may collect the expense of so doing from the
said owner or owners, occupier or occupiers, or any of them, by distress
and sale, in the same manner in which taxes levied upon real estate for
the benefit of said city are authorized to be collected: provided, that
reasonable notice shall be first given to the said owners or their agents.
In case of non-resident owners who have no agent in said city, such
notice may be given by publication once a week for not less than four
weeks in any newspaper published in said city or in the city of Rich-
mond.

Twentieth. To direct the location of all buildings for storing gun-
powder or other combustible substances, and to regulate the sale and use
of gunpowder, or firecrackers or fireworks prepared therefrom, kerosene
oil, nitroglycerine, camphene, burning fluid, or other combustible ma-
terial; to regulate or prevent the exhibition of fireworks, the discharge
of firearms, the use of candles or lights in barns, stables, and other
buildings, and to restrain the making of bonfires in streets and yards.

Twenty-first. To prevent hogs,.dogs, and other animals from running
at large in the city, and may subject the same to such confiscations,
regulations, and taxes as they may deem proper; and the council may
prohibit the raising or keeping of hogs in the city.

Twenty-second. To prevent the riding or driving of horses or other
animals at an improper speed, the throwing of stones, or the engaging
in any employments or sports on the streets, sidewalks, or public alleys
dangerous or annoying to passengers, and to prohibit and punish the
abuse or cruel treatment of horses or other animals in said city.

Twenty-third. To restrain and punish drunkards, vagrants and street
beggars; to prevent vice and immorality; to preserve public peace and
good order; to prevent and quell riots, disturbances and disorderly
assemblages; to suppress houses of ill-fame and gambling houses; to
prevent and punish lewd, indecent and disoyderly conduct or exhibitions
in said city; and to expel therefrom persons guilty of such conduct who
have not resided therein as much as one year.

Twenty-fourth. To prevent, forbid and punish the selling or giving
away of liquors and intoxicating drinks, to be drunk in any place not
duly licensed, and the selling or giving to be drunk any intoxicating
liquor to any child or minor, without the consent, in writing, of his or
her parents or guardian, and to require persons selling intoxicating
liquors to keep for sale malt liquors; and for anv violation of any such
ordinance, may impose fines in addition to those prescribed by the laws
of the State.

Twenty-fifth. To prevent the coming into the city from beyond the
limits of the State of persons having no ostensible means of support, or
of persons who may be dangerous to the peace and safety’of the aty,
and for this purpose require any railroad company, or the captain or
master of any vessel bringing such passengers to Manchester, to enter
into bond, with satisfactory security, that such persons shall not become
chargeable to the city for one year, or may compel such company, captain
or master to take them back whence they came, and compel the persons
to leave the city, if they have not been in the city more than thirty days
before the order is given.

§74. In times of exigency, the said commissioners or a majority
of them (or any one of them, if the others be absent from the
city or unable to act) may appoint temporarily, without authority from
the council, a suitable number of additional policemen for such time as
shall appear necessary, not, however, to extend beyond the time of the next
meeting of the council. The mayor shall also have power in his discretion
to confer police powers upon the superintendent of Maury cemetery and
his subordinates, the superintendent and other employees of the city.
waterworks, the janitors of the public school buildings, or any of them,
and such other officers and employees of the city, and their subordinates,
as shall have the custody of any portion of the public property, so as to
authorize them adequately to protect the same from trespass or injury.