Chap. 165.—An ACT to amend and re-enact an act entitled “an act to pro-
vide a new charter for the town of Liberty, to extend its limits and
change the name to Bedford City, approved March 38, 1890; ani to
change the name of the town to Bedford.”

Approved March 12, 1912.

1. Be it enacted by the general assembly of Virginia, That
an act entitled an act to provide a new charter for the town of
Liberty, to extend its limits, and change the name to Bedford
City. be amended and re-enacted so as to read as follows:

S1. The territory hereinafter described in the county of Bed-
ford, shall be, and the same is hereby, made a town corporate by
the name of Bedford. The territory of the said town shall be
as follows:

Reginning at the spring on the north side of Otey’s moun-
tain, known as the Cool Spring; thence seventy-eight and one-
quarter degrees west, five hundred and thirty-seven feet to the
southwest corner of land of G. D. Wright; thence north thirty-
six and three-quarter degrees, west eleven hundred and eighty-
*wo feet to the west line of the road leading to the residence of
the late G. A. Wingfield; thence along the west side of said road
north thirty and three-quarter degrees east four hundred and
three and one-half feet north sixteen and three-quarter degrees
east fifty-six feet to the corner of the second street south of
Franklin street, known as Cook street; thence with the southern
line of said street, north eighty-three and three-quarter de-
grees west, nineteen hundred and seventy-four feet to the old
Dickerson’s mill road; thence with said road to the town branch,
and with said branch to the center of tract of the Norfolk and
Western railroad at a point over the center of the culvert;
thence north four degrees east three thousand and ninety-four
fect to the dividing line of lands of James Nichols and the Lib-
erty improvement company; thence with the said line south
eighty-three and three-quarter degrees east twelve hundred and
forty-four and one-half feet to a corner of Nichols’ and of said
improvement company; thence through the lands of said James
Nichols south eighty-four and one-half degrees east five hundred
and seventy-eight and one-half feet to a corner of the lands of
said Nichols and of lands belonging to the estate of Mrs. M. O.
Leftwich, deceased; thence along the road between lands of said
James Nichols and Mrs. M. O. Leftwich’s estate south eighty-
six and three-quarter degrees east nine hundred and seventy-
eight and one-quarter feet to the corner of said James Nichols
and Charles Hale; thence along the dividing line between James
Nichols and Charles Hale south eighty-three degrees east seven
hundred and eighteen and one-quarter feet to the line of the
Peaks and Fancy farm road; thence a straight line through the
lands of the late William Graves and S. M. Bolling to the north-
east corner of Longwood park, the same being the corner of
lands of Dr. A. J. Almond; thence with the dividing line be-
tween said Longwood park and Dr. A. J. Almond south thirty-
four and one-half degrees east fifteen hundred and forty-four
feet to a stone north sixty-two and one-quarter degrees east two
hundred and seventy-nine feet to a stone south twenty-eight and
three-quarter degrees east five hundred and eighty-two and one-
half feet to a stone corner of Robert S. Quarles and Joseph
Fuqua; thence along the line between Longwood park and R. S.
Qnarles to a corner between said lands near the ice-pond of R. S.
Quarles; thence a straight line to cattle-guard in the Norfolk and
Western railroad east of the Bedford spoke and iron manufac-
turing company; thence south twenty-seven and one-quarter de-
grees west thirteen hundred and sixty-six feet to the middle of
the Lynchburg and Salem turnpike; thence south fifty-four and
one-half. degrees west twenty-three hundred and seventy-eight
fect to the beginning.

§2. On the second Tuesday in June, nineteen hundred and
twelve and every two years thereafter, there shall be elected by
the qualified voters of the town one elector of the town, who shall
be denominated the mayor; and eight other electors, who shall be
denominated the councilmen of the town. The mayor, and coun-
cilmen shall constitute the council of the town, and shall enter
upon the duties of their offices on the first day of September next
succeeding their election, and shall continue in office until their
suecessors are qualified. Every person elected a councilman
shall take an oath faithfully to execute the duties of his office
to the best of his judgment. The person elected mayor shall
take the oaths prescribed by law for all State officers.

The failure of any person elected or appointed under the
provisions of this charter to qualify or take the oath required
or give a bond required within the time prescribed for entering
unon the duties of the office to which he was elected or appointed,
shall vacate the said office, and the council may proceed to fill
the vacancy in the manner prescribed by this charter or the gen-
eral law.

$3. There shall be appointed for the town a registrar and
three judges of election in the manner provided for by the gen-
eral law of the State of Virginia, and all elections in the town
shall be held in accordance with the said general law, and the
electorate shall be that prescribed by the said general law.

$4. The council of the town shall judge of the election, quali-
fication and return of its members; may fine them for disorderly
behavior, and with the concurrence of two-thirds expel a mem-
ber. If any person returned be adjudged disqualified or be ex-
pelled, a new election to fill the vacancy shall be held, at the same
place on such day as the council may prescribe. Any vacancy
occurring otherwise during the term for which any of said per-
sons have been elected shall be filled by the council by the ap-
pointment of any one eligible to such office. A vacancy in the
office of mayor shall be filled by the council from the electors of
the town.

$5. The council shall have the power to suspend or remove
all other town officers whether they be elected or appointed, for
misconduct in office, or neglect of duty, to be specified in the or-
der of suspension or removal; but no such removal shall be made
without reasonable notice to the officer complained of, and an
opportunity afforded him to be heard in his defense.

86. For the transaction of business by the council of the
town five members of the council (of whom the mayor may be
counted one) shall constitute a quorum.

§7. The mayor of the town and the other members of the
council, shall each be clothed with all the powers and author-
ity of a justice in civil matters within the corporate limits of the
tuwn, and in criminal matters within said limits and one mile
beyond the same; and shall have power to issue process, hear
and determine all prosecutions, cases and controversies which
muy arise under the by-laws and ordinances of the town; impose
fines and inflict punishments when and wherever they are au-
thorized by the said by-laws and ordinances, and issue executions
for the collection of said fines; and may commit the offender to
jail. or to work upon the public works of the town until the fine
and costs, or the costs where no fine is assessed, be paid. But
appeals shall lie to the circuit court of the county of Bedford in
the same manner provided for by the general law.

§8. The jurisdiction of the corporate authorities of the town
in criminal matters, and for imposing and collecting a license tax
on all shows, performances and exhibitions shall extend one mile
beyond the corporate limits of the town.

§9. It shall be the duty of the mayor, in addition to the
other duties imposed by this charter and the general law, to
communicate to the council annually as soon as may be after the
close of the fiscal year, and oftener if he shall deem it expedi-
ent, or be required so to do by the council, a general statement
of the condition of the town in relation to its government, fin-
ances and improvements, with such recommendations as he may
deem proper.

The mayor shall exercise a constant supervision over the con-
duct of all subordinate officers; have power and authority
to investigate their acts; have access to all books and documents
in their offices, and may examine such officers and their subordi-
nates on oath. He shall also have power to suspend all officers
elected or appointed by the council until the next regular meeting
of the council, but such suspension shall in all cases be for mis-
conduct in office or neglect df duty, to be specified in the order of
suspension, and for no other cause. In case of suspension of
any such officer the mayor shall appoint some other person in
his place to hold said office and perform the duties thereof until
the next regular meeting of the council; and at such meeting
the mayor shall report his suspension of the officer suspended,
together with his reasons for such suspension.

£10. The council shall by ordinance or resolution fix the time
for its regular stated meetings; but the council may be con-
vened at any time upon the call in writing of the mayor, or any
three members thereof, provided that at such called meeting no
business shall be transacted except such as may be plainly stated
in the call.

$11. The council may adopt rules for the regulation of its
proceedings, but no tax shall be levied, or corporate debt con-
tracted unless by vote of two-thirds of the council, which vote
shall be taken by yeas and nays and recorded on the journal.
It may appoint such committees as may be deemed proper for
the transaction of business, and may compel the attendance of
absent members. The mayor shall preside over the council, and
vhen he is absent the council may appoint a president pro tem-
pore. A journal shall be kept of its proceedings, and at the
request of any member the yeas and nays shall be recorded on
anv question. At the next meeting the proceedings shall be
read and signed by the person who was presiding when the pre-
vicus meeting adjourned, or if the member be not then present
by the person presiding when they are read.

$12. Every ordinance passed by the council for the violation
of which any penalty is imposed shall be published for.two con-
secutive weeks in a newspaper published in the town, or by
hand bills for one week, or as the council may order, and no such
ordinance shall be effective until the same shall have been so
published. If such publication be by hand bills the same shall
be posted in at least three public places in the town, and a certi-
ficate of such posting shall be filed by the sergeant in the office
of the clerk of the council; provided, however, that after the
expiration of six months from the date of passage of any ordi-
nance its publication shall not be questioned, or its validity affect-
ed by any failure to publish the same.

§13. In addition to the powers conferred by other general
statutes, the council of the town shall have power to lay off
streets, walks or alleys; alter, improve and light the same, and
have them kept in good order; to lay off public grounds and
nvovide all buildings proper for the town; to provide a prison-
heuse and work-house, and employ managers, physicians, nurses
and servants for the same, prescribe regulations for their govern-
ment and discipline, and for persons therein; to prescribe the
time for holding markets and regulate the same; to prevent in-
jury or annovance from anything dangerous, offensive or un-
healthy, and cause any nuisance to be abated; to regulate the
keeping of gunpowder or other combustibles, and provide maga-
zines for the same; to provide places for the interment of the
dead near the town; to acquire or otherwise obtain control of or
establish, maintain, operate, extend and enlarge water works,
gas works, electric plants, and other public utilities within or
without the limits of the town, for the purpose of supplying the
inhabitants of the town with water, gas, lights, power, etc., and
for the public use and for such other purposes as are permitted
hy the laws of the State; to acquire within or without the lim-
its of the town by purchase, condemnation or otherwise whatever
land may be necessary for acquiring, locating, establishing, main-
taining, operating, extending, or enlarging said water works, gas
works, electric plants and other public utilities, and the rights of
Ways, rails, pipes, poles, conduits or wires connected therewith,
er any of the fixtures or appurtenances thereof; to keep on hand,
sell and supply to customers of its electric plant and water works,
without profit to the town, motors, lamps, electric fixtures, heat-
ing devices and other materials or supplies used by consumers
of electric power or water; to lease or own, operate or main-
tain, rock quarries for the purpose of obtaining material for use
upon the public places or works of the town; to prevent the pollu-
tion of water and injuries to water works, for which purpose its
jurisdiction shall extend to five miles above the same; and to
protect from injury, by ordinances prescribing adequate penalties
and by prosecutions in the State courts, the pipes, poles, wires,
fixtures, land or other things used in connection with the water
works, electric plant or other public utility; to make, erect and
construct, within or without said town, drains, sewers and public
ducts, and to acquire within or without said town by purchase,
condemnation or otherwise, so much land as may be necessary
to make, erect, construct, operate and maintain the same; to
make regulations concerning the building of houses in the town,
and in its discretion to establish and maintain parks, play-
grounds and boulevards, and cause the same to be laid out, equip-
ped or beautified, and in particular districts, or along particular
streets, to prescribe and establish building lines, or to require
property owners in certain localities or districts to leave a certain
percentage of lots free from buildings, and to regulate the height
of buildings; to make regulations for the purpose of guarding
against danger from accidents by fire, and, on the petition of the
owners of not less than two-thirds of the ground included in any
square, to prohibit the erection in such square of any building,
or an addition to any building more than ten feet high, unless
the outer walls thereof be made of brick and mortar, or stone
and mortar, and provide for the removal of any building or addi-
tion erected contrary to such prohibition; to provide for the
weighing or measuring of hay, coal, or any other articles for sale,
and regulate the transportation thereof through the streets; pro-
tect the property of the town and its inhabitants, and preserve
peace and good order therein. The council of the town may, in
its discretion, authorize or require the fire department thereof to
render aid in cases of fire occurring beyond its limits, and may
prescribe the conditions on which such aid may be rendered.
For carrying into effect these and its other powers, it may meke
ordinances and by-laws, and prescribe fines or other punishment
for violation thereof, keep a town guard, maintain a chain-gang
uppoint a collector of its taxes and levies, and such other officers
as it may deem proper, define their powers, prescribe their duties
and compensation, and take from any of them a bond, with
sureties, in such penalty as to the council may seem fit, payahie
to the town by its corporate name, and with condition for the
faitnful discharge of the said duties.

The council may make appropriations of public funds, of
personal property, or of any real estate, to any charitable in-
stitution or association, located within the limits of the town;
provided such institution or association is not controlled in whole
or in part by any church or sectarian society. But the words
“sectarian society” shall not be construed to mean a non-denomi-
national young men’s Christian association, or a non-denomina-
tional women’s Christian association.

All fees, penalties and imprisonments shall be recovered or
enforced under the judgment of the mayor, or the person ex-
ercising his functions, for the benefit of the town, and in the case
of the failure to pay any fine or costs imposed by such judgment,
the offender may, in the discretion of the mayor or other officer,
be required to work the same out upon the public works of the
town.

§14. The council shall not take or use any private property
for streets or other public purposes without making to the owner
thereof just compensation for the same; but in cases where the
council shall fail to obtain by agreement title to any ground, or
an easement therein, for such purpose, the council may apply to
and obtain from the circuit court of Bedford county authority
to condemn the same, which shall be applied for and proceeded
with according to law.

§15. The council may impose a tax or assessment upon abut-
ting landowners for a street or other public local improvement
in the manner provided for by the general law.

$16. In any case where a street of the town or other pub-
lic place has been or shall be encroached upon by any fence,
building or otherwise, the council may require the person respon-
sible for such encroachment to remove the same; and if such re-
moval be not made within the time fixed by the council, the may-
or may impose a penalty of not exceeding 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 person re-
sponsible for the encroachment the cost of removing the same in
the manner provided for the collection of taxes and levies. No
encroachment upon any street, sidewalk or public place, however
Icong continued shall constitute an adverse possession, or con-
fer any right upon the person claiming thereunder, or against
the town.

§17. Any street or alley reserved in the division or subdivis-
ion into lots of any portion of the territory within the corporate
limits of said town by plat or plan of record, shall be deemed
and held to be a dedication to the public use unless it appears
by the record that the street or alley so reserved is designed for
private use only. Whenever any street, alley, or lane in the town
shall have been open to and used by the public for the period of
five years, the same shall thereby become a public street, alley,
or lane, and the council shall have the same authority and juris-
diction over and right and interest therein, as it has by law over
the streets, alleys and lanes laid out by the council.

§18. The council by the name and for the use of the town
may contract loans, incur debts, and cause to be issued certificates
of debt or bonds, but no such loan shall be contracted, or debt in-
curred, or obligation issued except in the method provided for in
the general law.

$19. In addition to the levy on property provided for
elsewhere in this charter, the council may make such other levy as
may be necessary to pay the interest on the public debt and pro-
vide a sinking fund therefor.

§20. The council may, whenever it deems it expedient and
proper, mortgage or otherwise encumber the water works, electric
plant or other public property of the town to secure the pay-
ment of any debt which may have been heretofore or which may
be hereafter contracted, and any deeds of trust or mortgages
which may have been heretofore executed are hereby declared to
be valid.

§21. The town and the taxable persons and property therein
shall be exempt and free from the payment of any road tax for
any year in which it shall appear that the town shall at its own
expense keep its streets in order.

§22. There may be elected by the council at its first meeting
in September after its election, or as soon thereafter as practi-
cable, a treasurer, who shall hold his office during the pleasure of
the council. He 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 the office shall be filled by the council.

§23. The treasurer shall collect ana receive all money
belonging to the town, and shall keep his office in some conve-
nient place in the town. He shall keep his books and accounts in
such manner as the council may direct, and such books and ac-
counts shall always be subject to the inspection of the mayor, or
any member of the council, or any committee or committees
thereof. He shall receive for his services such compensation as
the council may from time to time allow.

.§24. The treasurer shall report to the council, or to a com-
mittee thereof, at the end of each month, or oftener if required
by the council, a full and detailed account of all receipts and ex-
penditures during the preceding month, and the state of the
treasury at the end of such month. 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:-by a
committee of the council appointed for that purpose, who shall
compare the same with the books of the treasurer and report dis-
crepancies, if any, to the council.

§25. No money shall be paid out by the treasurer except by
order of the council, and upon a warrant of the clerk of the coun-
cil countersigned by the mayor; and the treasurer shall keep a
separate account of each fund or appropriation, and the debits
and credits belonging thereto. |

§26. The treasurer shall collect all taxes, levies and assess-
ments which may be imposed by the council, and for the purpose
shall be invested with all the powers, and subject to all the lia-
bilities and penalties prescribed by law in regard to county
treasurers.

§27. All funds received on any special levy or assessment
shall be held by the treasurer as a special fund to be applied to
the purpose or purposes for which the levy or assessment was
made. ] |

§28. The treasurer may be required to keep all funds belong-
ing to the town in such place or places of deposit as the council
may, by ordinance or resolution, direct. All funds in the hands
of the treasurer shall be kept separate and.distinct from all other
funds, and he is hereby expressly prohibited from using, either
directly or indirectly, any corporation funds or warrants for his
own benefit, or that of any other person or persons whomsoever.

§29. There may be elected by the council at its first meeting
in September after its election, or as soon thereafter as practi-
cable, a clerk of the council, who shall hold office during the
pleasure of the council. It shall be his duty to attend the meet-
ings of the council and keep a record of its proceedings. He
shall keep all papers required to be kept by this act, or that may
be required to be kept by order of the council. He shall publish
such reports and ordinances as the council is required by this act
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. Any vacancy in this
office shall be filled by the council.

§30. The clerk of the council shall perform all the duties of
a commissioner of revenue in relation to the assessment of prop-
erty for the purpose of levying the town taxes, and shall assess
all license taxes that may be imposed by the council. He shall
keep his office in some convenient place in the town, and shall
keep therein such books, schedules, records, and other papers as
the council may direct, which shall be subject to the inspection
and examination at all times of the mayor, or any member of the
council, or any committee or committees thereof. His compen-
sation shall be such as the council may from time to time allow.

§31. The council may in its discretion combine the offices of
treasurer and clerk, and cause the duties of the two offices to be
performed by one person.

§32. There shall be elected by the council at its first meeting
in September after its election, or as soon thereafter as practi-
cable, a sergeant, who shall be chief of the police, and who shall
hold office during the pleasure of the council, and who shall have
the same powers and discharge the same duties as constables
within the corporate limits of said town, and to the distance of
one mile beyond the same. His compensation shall be such as
the council may from time to time allow. Any vacancy in this
office shall be filled by the council.

§33. There may be elected by the council at its first meeting
in September after its election, or as soon thereafter ‘as practi-
cable, an attorney for the town, who shall hold office during the
pleasure of the council. His duties shall be such as the council
may prescribe, and his compensation shall be fixed by the council.

$34. All councilmen and other municipal officers of the town
shall hold their respective offices for the terms for which they
were elected or appointed, and until the officers herein provided
for shall have been elected, or appointed, and qualified; and all
officers to be elected or appointed under the provisions of this
charter shall hold over after the expiration of the terms for
which they were respectively elected or appointed, until their
successors shall have been elected or appointed and qualified.

§35. In the town the assessment of real estate and personal
property, for the purposes of municipal taxation, shall be the
same as the assessment thereof for the purpose of State taxaticn,
when there shall be a State assessment of such property.

§36. In addition to the State tax on any license, where any is
imposed, the council of the town may, when anything for which
a license is required by ordinance or otherwise, is to be done
within the town, impose a tax for the privilege of doing the same,
and require a license to be obtained therefor; and in any case in
which it sees fit, require from the person license, bond with
sureties, in such penalty and with such conditions as it may deem
proper, or make any regulations concerning the same, and may
revoke any license granted.

§37. The council of the town shall annually cause to be made
up and entered on its journal an account of all sums lawfully
chargeable on the town which ought to be paid within one vear,
and order a town levy of so much as in its opinion is necessary
to be raised in that way, in addition to what may be received for
licenses and from other sources. The levy so ordered may be
upon the male persons in the town above the age of twenty-one
years, and upon the property therein, and on such other subjects
as may at the time be assessed with State taxes. The council
may add penalties for the failure of any person to pay taxes at
the time provided for by ordinance; and there shall be a lien
for all taxes assessed, which may be enforced in a method to be
prescribed by the council, provided the same is not in conflict
with the general law.

The council may by a two-thirds vote of the entire council
exempt real and personal property used for manufacturing or
other enterprises from all taxes for municipal purposes for a
period not exceeding ten years, if it shall deem it expedient to
do so in order to encourage the establishment of such manu-
facturing or other enterprises in the town.

$38. The persons now holding offices in the town shall continue
to hold the same until their terms of office shall expire under the
former charter and until their successors shall have duly quali-
fied; and all ordinances and laws in force immediately before the
passage of this charter for the government of the town, or affect-
ing or relating to the town, so far as consistent herewith, and
all rights, Habilities, actions, claims, contracts and prosecutions
arising thereunder shall remain and continue as if this act had
not been passed.

§39. All ordinances now in force in the town not inconsistent
with this act, the laws of this State and the United States, shall
be and remain in force until altered, amended or repealed by the
council.

§40. An emergency existing in order to conform the charter
of the town to the general law, this act shall be in force from its
passage.

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