An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Law Body
CHAP. 173.—An ACT to amend and re-enact an act appointing trustees
for the town of Christiansburg, in the county of Montgomery, and for
other purposes, giving said town a charter, approved January 7, 1833.
(H. B. 370.)
Approved March 16, 1916.
1. Be it enacted by the general assembly of Virginia, That
an act entitled, an act appointing trustees for the town of
Christiansburg, in the county of Montgomery, and for other
purposes giving said town a charter, approved January sev-
enth, eighteen hundred and thirty-three, be amended and re-
enacted so as to read as follows:
That the territory in Montgomery contained within the fol-
lowing boundaries, according to an act of the general assembly
approved March fourteenth, eighteen hundred and sixty-one,
entitled, an act to amend an act incorporating the town of
Christiansburg, and extending the limits of the same, to-wit:
“Beginning at a large stone on the north side of and at the
western end of Main street, a corner of the old town land op-
posite the lot of H. Gardner; thence south twenty-one degrees
east eleven poles crossing said street, to a stake; south fifty-
seven degrees east one hundred and sixty poles, to a stake;
north eight degrees east one hundred eighty, to a stake; north
one degree west ninety-eight poles, to a stake; north seventy-
four degrees west thirteen and one-half poles, crossing the east
end of Main street, to a stake; south forty-three degrees east
ten poles, to a stake; south eighty-seven degrees west forty
poles to a stake; south seventy-five degrees west twenty-two
and one-half poles to a stake; south eighty-six and one-half
degrees west twenty-six poles, to a rock on the old Methodist
enurch hill; north seventy-seven degrees west eight poles, to
a stake; north sixty degrees west thirty poles, to a stake; south
twenty degrees west fifty poles, crossing Franklin street, and
along Railroad street, on the north side thereof, to a stake;
south forty-seven degrees west two hundred and forty-five
poles, along and on the north side of Railroad street, to a stake
on the line dividing the lots of B. F. Curtis and the heirs of
William Wade; south four and one-half degrees east one hun-
dred and fourteen poles, to a stake in the line of S. M. Hickok’s
lot; south fifteen degrees east. seventy and one-half poles, to
a stake on the line of King’s hill lot opposite the point of in-
tersection with Centre street; south fifty-two degrees east sev-
enty-one and three-fourths poles, crossing Centre street, and
along the line of the lot formerly owned by George Clare, to.a
stake in the line of H. M. Ghent; and thence an easterly direc-
tion along his line to the line of Hamilton Gardner; and thence
a straight line to the beginning.”
And also the survey as made on the eighth day of September,
nineteen hundred and nine, when the boundaries of the said
town of Christiansburg were extended by an order of the cir-
cuit court of Montgomery county, to-wit:
“Beginning at a point on the southwest side of the old turn-
pike road at W. J. Hall’s ice pond (standing about south forty-
five degrees west thirty-six hundred and ninety feet from the
center of the front of the new court house) and running thence
south forty-six and three-quarter degrees east seven hundred
and forty-three feet to a point at the corner of the lands of W.
J. Hall and Sidney Sheltman; thence south eighty-two degrees
east twenty-four hundred feet to a large white oak near a large
pond in the lands of Sidney Sheltman; thence north fifty-four
and one-quarter degrees east eighteen hundred and eighty-one
feet to a point on the northeast side of the Floyd pike; thence
north fifty-seven and one-quarter degrees east twenty-one hun-
dred and twenty feet to a point on the line of Miss Mary T.
Craig’s lands; thence with her line north nineteen degrees west
thirteen hundred and eighty-one feet to a point on the south
side of the macadamized road, at the corner of Guy F. Ellett’s
lot; thence north fifty-eight degrees west eighty-seven feet
(crossing the macadamized road) to a point on the north side
of the macadamized road; thence with the east side of a new
street north one degree fourteen hundred and thirty-one feet
to a point on the south side of the old turnpike road, at the
northwest corner of Frank Junkin’s lot; thence north sixty-
three degrees east four hundred and fifty-eight feet (crossing
the old turnpike road obliquely) to a point; thence north twelve
and one-quarter degrees west nine hundred and seven feet to
a point on the southwest side of the road leading from Craig’s
residence to the new depot; thence north fifty-four and one-
quarter degrees west seven hundred and ninety-two feet (cross-
ing the old depot road) to an iron pipe in a lot owned by Pink
Henderson and corner to the corporation line of Cambria;
thence with same north eighty-nine and five-sixth degrees west
thirty-four hundred feet (crossing High street obliquely and
the depot end of Main street of Christiansburg, and crossing
the Depot road, and crossing the Wade’s mill road obliquely)
to an iron pipe on the north side of the Wade’s mill road at the
corner of FE. A. Myers lot; thence south forty and one-half
degrees west seventeen hundred and sixteen feet (crossing
Wade’s mill road and one prong of Crab creek below Wade's
mill dam and crossing the old Latimer mill road) to a large
black oak at the corner of Ellis and Wade’s lands; thence south
seventy-four degrees west twenty-eight hundred and five feet
to a point on the north side of the macadamized road at the
corner of George Johnson’s lot; thence south eighty-two degrees
west four hundred and seventy feet (crossing the macadamized
road) to a point on the south side of the same, at the corner of
William Haden’s lot; thence along his and other lines south
one and one-quarter degrees west nine hundred and forty feet
to a point at the corner of H. C. Gray’s lot, and at a twenty
foot wide alley; thence along the east side of the alley south
thirty-six degrees east six hundred and seventy-two feet to a
346 ACTS OF ASSEMBLY. [VA.
point on the north side of the new road; thence south fifty-four
degrees east seven hundred and five feet (crossing the new road
and crossing the old turnpike road) to the beginning, shall con-
stitute the town of Christiansburg.
2. The municipal officers of said town shall be a mayor,
a town sergeant, and seven councilmen, all of whom shall be
residents and qualified voters of said town, except the town
sergeant, in the discretion of the council, may not be. The
council of said town shall have power to elect or appoint any
other officers they may deem necessary and to define their
powers. The same person may in the discretion of the council,
be elected or appointed to and hold, at the same time, more than
one of the offices to be filled by election or appointment by
the said council.
3. The mayor and councilmen of the town of Christians-
burg, as now constituted, and as they shall be elected and quali-
fied as hereinafter provided, shall be a body politic and cor-
porate, by the name of the town of Christiansburg, and shall
have perpetual succession and a common seal, and by the name
of the town of Christiansburg may sue and be sued, implead
and be impleaded, contract and be contracted with, purchase
and hold real estate, and sell and convey the same needful for
the public good, and may exercise, retain and enjoy all the
rights, immunities, powers, exemptions and privileges, and be
subject to all the duties, liabilities and obligations now vested
in incumbent upon or pertaining to said town as a municipal
corporation.
4. In all elections for mayor and councilmen of said town,
all persons who may be, by the laws of this State, entitled to
vote for members of the general assembly, and who shall have
resided in this State two years and in the county of Montgom-
ery one year, and in the said town for ninety days next pre-
ceding the day of election then to be held, shall be entitled to
vote; but before being so entitled to vote, they shall register
before the registrar of said town.
5. The mayor and councilmen shall be elected by the quali-
fied voters of said town.
6. The mayor and councilmen in office in said town at the
time of the passage of this act shall be continued in office until
the expiration of the terms for which they were elected and
until their successors are duly elected or appointed and quali-
fied according to law.
The first election under this act shall be held on the sec-
ond Tuesday in June, nineteen hundred and sixteen, at such
place in said town as shall be designated by the council of the
town; and biennially thereafter there shall be held an election
of a mayor and seven councilmen of the said town on the sec-
ond Tuesday in June, at such place and under such rules and
regulations and subject to such provisions as the council may
prescribe. Notice of the time and place of the holding of the
election under this act shall be published at least ten days be-
fore the holding of such election by the posting by the town ser-
geant of printed hand-bills in at least five public places in said
town. The mayor and councilmen under this act shall qualify
on or before the first day of September next succeeding their
election.
8. The term of office of the mayor and councilmen to be
elected, as provided for in the preceding section of this act,
shall be for two years from the first day of September next
succeeding their election, and until their successors have been
duly elected and qualified.
9. All vacancies occurring from any cause in the office of
the mayor and councilmen shall be filled for the unexpired term
by the council.
10. It shall be the duty of the mayor, as soon as may be
after an election, to call a meeting of the council to examine
the returns, and the council shall forthwith notify the persons
elected of their election.
11. In case it is impossible to determine the candidate who
has received the highest number of votes by reason of a tie, the
council shall, by lot, determine the matter, and not more than
two persons selected by each candidate affected by said lot shall
be present.
12. The manner of conducting elections under this act
shall, so far as the same is not in conflict herewith, be the same
as prescribed by the general election laws of the State.
13. The mayor and seven councilmen shall, after being
notified of their election to their respective offices, each take
and subscribe an oath before any person authorized by law to
administer an oath, that they will truly, faithfully and impar-
tially discharge the duties of their said office so long as they
shall continue therein, and said oaths of office so subscribed
shall be returned to the clerk of the council and by him in-
scribed in his minute book. And if any of the officers named
in this section shall fail to qualify on or before the first day of
September next succeeding his election his office shall be
deemed vacant, and whenever as many as five members of the
council (of whom the mayor shall be counted one) shall have
qualified by taking the oath of office as aforesaid, they shall
enter upon the duties of their said offices, and shall supersede
the former council of said town.
14. The salary of the mayor of the town, as now constituted
or hereafter elected, if any be allowed by the town council, shal]
be fixed by the town council, payable at stated periods; and nc
regulation diminishing such compensation after it has once been
fixed, shall be made to take effect until after the expiration of
the term for which the mayor, then in office, shall have been
elected. The salary of the mayor when fixed ’shall so continue
until changed by the town council.
15. The mayor shall preside over the deliberations of the
council and be entitled to one vote in case of a tie. He shall
have jurisdiction to try all violations of town ordinances and in-
flict such punishment and impose such fines as may be prescribed
for a violation of the same. The mayor shall be entitled to the
like fees of a justice of the peace in civil and criminal cases.
He shall by virtue of his office, possess all the jurisdiction and
exercise all the power and authority in civil and criminal cascs
arising in said town, or within one mile of the corporate limits
thereof, of a justice of the peace of Montgomery county in ad-
dition to the powers given him by this act. He shall have the
power to appoint and swear in special policemen for any occa-
sion when in his judgment it is expedient for the peace and good
government of the territory under the criminal jurisdiction of
said town, and at such compensation as may be fixed by the
council.
16. It shall be the duty of the mayor to communicate to
the council annually, or as often as he shall deem it expedient
or be required to so do by the council, a general statement of
the situation and condition of the town in relation to its gov-
ernment, finances and improvements, with such recommenda-
tions as he shall deem proper.
17. The mayor shall exercise a constant supervision over
the conduct of all subordinate officers; have: power and author-
ity to investigate their acts; have access to all books and docu-
ments in their offices, and may examine such officers and their
subordinates on oath. He shall also have power to suspend all
officers elected and appointed by the council until the next regu-
lar meeting of the council, but such suspension shall, in all cases,
be for misconduct in office or neglect of duty, to be specified in
the order of suspension. In case of the 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 suspension.
18. In case of the absence or inability of the mayor, the
council shall appoint one of their number to discharge the muni-
cipal duties of the mayor during such absence or inability; in
case a vacancy shall occur in the office of mayor, the council
shall elect a qualified person to fill such vacancy for the unex-
pired term.
19. In case of any vacancy happening in the council by
death, resignation, removal, or otherwise, the council shall elect
a qualified person to fill the vacancy for the unexpired term.
20. The mayor shall have power to call a meeting of the
council whenever he deems it necessary, and in case of the
absence, inability, or refusal of the mayor, the council may be
convened by the order of any four members thereof.
21. The council shall fix the time of their stated regular
meetings and no business shall be transacted at a special meet-
ing but that for which it shall be called.
22. The council shall have authority to compel the attend-
ance of absent members; to punish its members for disorderly
conduct, and by a vote of a majority of the whole council to
expel a member for malfeasance in office or for voluntarily
absenting himself from the meetings of the council. The clerk
shall record the proceedings of the council at large on a record
book, and keep the same properly indexed. The meetings of
the council shall be open, except when in the discretion of said
council the public welfare shall require secrecy.
23. Five members of the council (of whom for the purpose
of constituting a quorum, the mayor shall be counted as one)
shall constitute a quorum for the transaction of business; but
no ordinance shall be passed, or resolution adopted, having for
its object the appropriation of money, except by a concurrence
of a majority of those present. Upon the demand of any mem-
ber of the council, upon the passage of any ordinance or resolu-
tion, the “yeas” and “‘nays” shall be taken and entered of record.
No vote or question decided at a stated or regular meeting shall
be considered or rescinded at a special meeting, unless there be
at least six councilmen present, and five of them shall concur.
24. The town council, as now constituted, or hereafter
elected, shall have, subject to the provisions of this act, the
control and management of the fiscal and municipal affairs of
the town, and of the property, real and personal, belonging to
said town, and make such ordinances, orders and by-laws, re-
lating to same, as they shall deem proper and necessary; they
shall likewise have power to make such ordinances, orders, and
by-laws, and regulations as they shall deem necessary and proper
to carry out the powers which are hereby vested in them.
First. To establish, enlarge and operate a system of sewer-
age, water works and electric light works within or without the
limits of the town; to contract or agree with the owners of any
of the land for the use and purchase thereof, or to have the
same condemned according to law, within or without the town,
for the location, extension or enlargement of their said works,
the pipes or wires connected therewith, or any other appurten-
ances or fixtures thereof, and shall have power to protect from
injury, by ordinances prescribing adequate penalties, the works,
pipes, fixtures and land, or anything connected therewith,
whether within or without the limits of said town.
Second. To close, or extend, widen or narrow, straighten,
lay out, graduate, curb and pave and otherwise improve the
streets, sidewalks and public alleys in the town, and have them
kept in good order and properly lighted, and to require the pay-
ment by the property owners benefited by such works or im-
provements of such portion of the costs thereof as the council
may deem right and proper, and to make such sum a lien upon
350 ACTS OF ASSEMBLY. [VA.
their real estate, and collectible in the same manner as is herein
provided and also as provided by the general laws of the State
for the collection of taxes generally. And over any street or alley
in the town which has been, or may be ceded to the town, con-
veyed to the town by proper deed, they shall have like power
and authority as over other streets and alleys; they may build
bridges in and culverts under the streets, and may prevent or
remove any structure, obstruction or encroachment over or
under, or in any street, sidewalk or alley in said town; and may
permit shade trees to be planted along said streets; but no com-
pany, firm or individual shall occupy with its or his works or
appurtenances thereof, the streets, sidewalks and alleys of the
town without the consent of the council duly entered of record;
and whenever, in the construction of any sewer or conduit or
other public improvement, it is necessary that the same shall
run through or under private property, the said council shall
have authority to contract and agree with the owners thereof
for the use and purchase of the right of way or other easement
in, through, or under the same, or have the same condemned ac-
cording to law. The said council shall have power to authorize
the laying down of tracks, and the running of cars thereon in
the town by electricity or other motive power, under such regu-
lations as the council may prescribe. .___
Third. To prevent the cumbering of streets, sidewalks,
alleys, lanes or bridges in the town in any manner whatsoever,
and to have full and complete control of the same.
Fourth. To determine and designate the route and grade
of any railroad to be laid in said town, and to restrain and regu-
late the speed of bicycles, motorcycles, traction engines, locomo-
tives, engines, cars, automobiles and other vehicles within said
wn.
Fifth. To secure the inhabitants of said town from conta-
gious, infectious, or other dangerous disease; to establish, erect
and regulate hospitals and to prescribe quarantine regulations;
to provide for and enforce the removal of patients to said hos-
pitals; to appoint and organize a board of health for said town,
prescribe its duties, and invest said board with police authority
and with full power for the prompt and efficient performance
of its duties.
_ Sixth. To require and compel the abatement of all nuis-
ances and the removal thereof, within the town at the expense
of the person or persons causing the same, or the owner or
owners of the ground whereon the same may be; to require and
compel the owner of houses in the town, or if the owners be
unknown or absent, the occupants of such houses, to connect
their water closets and water drains with the sewers of the
town, or otherwise comply with such regulations as to sewerage
and nuisances as the council may prescribe; and upon failure so
to do, the same may be done by the town by entering unon the
premises if necessary, and the cost of attending same shall be
collected from the owners or occupants of such houses as taxes
are herein in this charter allowed to be collected by the town.
Seventh. If any ground in said town shall be subject to be
covered with stagnant water, or if the owners or occupants
thereof shall permit any offensive or unwholesome substance to
remain or accumulate therein or 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 expenses of so doing from the owners or owner, occupier or
occupiers, or any of them by distress and sale, in the same man-
ner in which taxes levied upon real estate for the benefit of said
town are authorized to be collected; provided that reasonable
notice shall first be given to the owners or their agents. In
ease of non-residents who have no agents in said town, such
notice may be given by publication, for not less than four weeks
in any newspaper printed in said town.
Eighth. To direct the location of all buildings for storing
gunpowder, fire-crackers, or other fireworks manufactured or
prepared therefrom; kerosene oil, nitro-glycerine, camphene,
burning fluid or other combustible material; to regulate the ex-
hibition of fireworks, the discharge of firearms, the use of can-
dles or lights in barns, stables, or other buildings, and to regu-
late or restrain the making of bonfires in the streets and yards.
Ninth. To prevent horses, cattle, hogs, dogs, and all other
animals from running at large in said town, and may subject
the same to such confiscation, regulation and taxes as they may
deem proper; and the council may prohibit the raising and keep-
ing of hogs in the town, or in any part thereof.
Tenth. To prevent the riding and driving of horses or
animals at any improper speed, throwing stones, or engaging
in any employment or sport on the streets, sidewalks or public
alleys, dangerous to or annoying to passers; and to prohibit and
punish the cruel treatment of horses and other animals in said
town.
Eleventh. To restrain and punish drunkards, vagrants and
street beggars; to prevent vice and immorality, obscenity and
profanity; to preserve peace and good order; to prevent and
quell riots, disturbances, and disorderly assemblages; to sup-
press houses of ill-fame and gambling houses; to prevent lewd,
indecent and disorderly conduct or exhibitions in said town,
and to expel therefrom persons guilty of such conduct.
Twelfth. To prevent the coming into the town of persons
having no ostensible means of support, and of persons who may
be dangerous to the peace and safety of the town, and for those
may require any railroad company or person bringing them
into said town to enter into a bond with good security, that
such person shall not become chargeable to the town for the
period of one year thereafter, or may require or compel said
company or person to take them back from whence they brought
them, and compel said persons to leave town; provided, that
such order to leave be issued within sixty days after their ar-
rival.
Thirteenth. To designate such portions and parts of the
town as they deem proper within which no wooden buildings
shall be erected; to prohibit the building of wooden buildings
in any portion of the town without their permission; to regu-
late and control the erection of all buildings, and to provide
for the removal of any such buildings or additions which shall
be erected contrary to such regulations or prohibition at the
expense of the builder or owner thereof, and if any such build-
ing shall have been commenced, or if any building in progress
of erection appears clearly to be unsafe, the council may cause
such building to be taken down.
Fourteenth. In addition to the special powers hereinbe-
fore specifically delegated to the town council, all general pow-
ers, not in conflict with the laws of this State, or of the United
States, necessary for the proper and sufficient government of
such town, and which are by law allowed to municipal corpora-
tions, are hereby likewise delegated to, and invested in, the
said council of the town of Christiansburg.
25. Where by the provisions of this act the council have
authority to pass ordinances on any subject, they may pre-
scribe any penalty for the violation thereof not exceeding five
hundred dollars or imprisonment in jail not exceeding twelve
months, one or both, as the council may see fit, and for failure
to pay any fine which may be imposed hereunder the said coun-
cil may by ordinance require the person so failing to be con-
fined in jail for the length of time prescribed for failure to
pay fines due the State. The confinement herein provided for
in jail shall be in the county jail of Montgomery county, Vir-
ginia, unless said town shall provide a jail of its own. All pro-
ceedings against persons violating the ordinances of said town,
or to recover any penalty therefor, shall be in the name of said
town, and in such proceedings said town may recover against
such persons all costs.
Any person confined in jail as provided by the foregoing sec-
tion may be required to work on the streets and public works of
said town during the time of said confinement, and any person
refusing so to work may be subjected to such corporal punish-
ment as may be prescribed by said council by ordinance now in
existence or hereafter passed. Said corporal punishment shall
be administered by the town sergeant or assistant town ser-
geant.
26. No ordinance hereafter passed by said council, as now
constituted or hereafter elected, for the violation of which any
penalty is imposed, shati take effect until the same shall have
been published as the council may order; and all laws regulat-
ing any ordinance of the council may be read in evidence in all
courts of justice, and all proceedings before any officer, body
or board, in which it shall be necessary to refer thereto; but
after the expiration of six months from the date of such ordi-
nance its publication shall not be questioned or its validity af-
fected by any failure to publish the same; but this section shall
not apply to the ordinances of whatever kind now in force in
the town of Christiansburg so as to require publication thereof.
27. In every case where a street of said town has been, or
shall be encroached upon by any fence, building, porch, pro-
jection, or otherwise, it shall be the duty of the council to re-
quire the owner, if known, or if unknown, the occupant, to re-
move the same, and if such removal be not made within the time
prescribed by the council, they may impose a penalty of not ex-
ceeding five dollars for each and every day it is allowed to con-
tinue thereafter, and may cause the encroachment to be re-
moved and collect from the owner, or if the owner be unknown
from the occupant of the premises, all reasonable charges there-
for, with costs, by the same process as they are hereinafter
empowered to collect taxes. No encroachment upon any street
of the said town, however long the same shall have been or may
be continued, shall constitute an adverse possession to, or confer
any right upon the person claiming thereunder or against the
own.
28. Whenever any street or alley in said town shall be
opened to and used as such by the public for the period of five
years, unless notice of the contrary intention on the part of the
landowner be given to the mayor of the town, the same shall
thereby become a street, alley or lane for public use, if the coun-
cil so elect and the council shall have the same authority and
jurisdiction over and rights and interest therein as they have
by law over the other streets and alleys and lanes laid out by
them, and any street or alley reserved in the division and sub-
divisions into lots of any portion of the territory within the
corporate limits of said town by a plot or plan of record shall
be deemed and held to be dedicated to the public use, unless it
appears by said record that the street or alley so reserved is
dedicated for private use; but upon a petition of a majority of
the persons interested therein the council shall have the power
to open the same for the use of the public upon due compen-
sation.
29. If any person having been an officer of said town shall
not within ten days after his term expires, or he shall have
been vacated or removed from office, and upon notification and
request of the mayor within such time thereafter as the council
may allow, deliver over to his successor in office all property,
books and papers belonging to the town, or appertaining to such
office, in his possess‘on or control, he and his sureties shall for-
feit and pay to the town the sum of five hundred dollars, to be
sued for and recovered with costs; and all books, records, and
documents used in any such office by virtue of any provision of
this act, or of any ordinance or order of the town council, or
any superior office of the said town, shall be deemed the prop-
erty of said town and appertaining to said office, and the chief
officer thereof shall be responsible therefor.
30. The town council may take from any officer, elected or
appointed by them, a bond, with sureties to be approved by the
council in such penalty as they may deem proper, payable to the
town by its proper corporate name, with conditions for the
faithful discharge of the duties of such officer. All officers
elecied or appointed by the council may be removed from office
at the pleasure of the council. All bonds of officers elected by
the people or elected or appointed by the council under this
charter shall be filed with and_kept by the clerk of the council.
31. There shall be appointed by the town council one town
treasurer, who shall hold his office during the pleasure of the
council; but the present treasurer of the town shall continue to
discharge the duties of the office until removed by the council,
or until his successor shall have qualified.
He shall qualify and give bond before the council with surety
approved by it in a penalty to be approved by the council. Any
vacancy in this office shall be filled by the council.
32. The said treasurer shall collect and receive all money
belonging to the town, and he shall perform such other duties
as are prescribed by the council. He shall keep his office in
some convenient place in the town. He shall keep his books and
accounts in such manner as the town council may prescribe,
and such books and accounts shall always be subject to the in-
spection of the mayor and council, or any committee, or com-
mittees of the council. He shall receive for his services such
compensation as the town council may, from time to time, allow.
33. No money shall be paid out by the town treasurer ex-
cept by order of the council, and upon a warrant of the clerk
of the council, countersigned by the mayor; and said town
treasurer shall keep a separate account of each fund or appro-
priation and the debits and credits belonging thereto.
34. The town treasurer shall report to the town council, or
a committee thereof, as often as required, a full and detailed
account of all receipts and expenditures during the month, and
the state of the treasury. 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 at
the time of making such report to the town council by the audit-
ing committee thereof, who shall examine and compare the same
with the books of the treasurer and report discrepancies, if any,
to the town council.
35. The town treasurer, or his deputy duly qualified, or by
order of the council of the said town the town sergeant, or as-
sistant sergeant, or any other person appointed by said council,
shall collect all taxes and assessments which may be levied by
the sa‘d town council, and for this purpose the said treasurer,
or other person appointed by the town council as aforesaid,
shall be vested with power and be subject to the liabilities and
penalties now prescribed by law in regard to the county treas-
urers of the State of Virginia in the levying and collection of
taxes, and said officers or persons appointed as aforesaid to
collect said taxes shall have full power to levy on property and
sell the same for the payment of such taxes as the said county
treasurers of the State of Virginia are now empowered by law
to do, and such sales shall be made upon the notice and in such
manner as now prescribed by law in sales of personal property
for State taxes; and any person so appointed shall give bond,
and receive such compensation as said council may direct.
. All money received on any special assessment shall be
held by the treasurer as a special fund, to be applied for pur-
poses for which the assessment is made, and said money shall
be used for no other purpose whatever.
37. The treasurer shal] be required to keep all moneys in
his hands belonging to the town in such place or places of de-
posit as the town council by ordinance may provide or direct.
38. The clerk of the council shall be appointed by the coun-
cil and he shall attend the meetings of the council and keep a
record of its proceedings; he shall have the custody of the cor-
porate seal, he shall keep all the papers that, by the provision of
this act, or the direction of the council, are required to be filed
with or kept by them; he shall give notice to all parties present-
ing communications or petitions to the town council of the final
action of the council on such communication or petition; he
shall publish such reports and ordinances as the town council
is required 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, allow.
39. There shall be appointed by the council one town ser-
geant who shall hold his office during the pleasure of the counc'l;
but the present town sergeant of said town shall continue to dis-
charge the duties of the office until removed by the council, or
until his successor shall have qualified. He shall qualify and
give bond before the council for such amount and with such
surety as the council may approve. His compensation shall be
such as the council may, from time to time, allow.
In all cases, civil and criminal, arising in said town, or with-
in one mile of the corporate limits thereof, he shall be vested
with aJl the rowers which the general laws of the State confer
upon constables. He shall be chief of police of said town. In
addition to the powers conferred unon town sergeants bv the
general laws of the State, the sergeant of said town and all
police officers appointed by the mayor or the town council there-
of, shall have all the powers conferred on special police by the
provis‘ons of section thirtv-nine hundred and twenty-seven of
the Code of Virginia of eighteen hundred and eighty-seven, and
the amendments thereto. Thev shall have power to arrest with-
out warrant and carry before the mayor to be dealt with accord-
ing to law, and any and all persons who shall violate any ordi-
nance of the town, or law of the State, in their presence, and it
shall be his duty to swear out warrants of arrest for any person
or persons where he has reason to believe any offense has been
committed.
40. The council shall control and manage the water works
of said town, either by itself or through such committees or
agencies, as it may adopt; and the council shall prescribe and
regulate the rate of charges to be paid for the use of water fur-
nished by the town to the citizens thereof, and to persons out-
side the corporate limits thereof, who may wish to purchase
water from the town. They may impose fines and liabilities and
punishments for the injury and abuse of said works or property
connected therewith, or for waste of said water furnished by
the town, and may enforce and collect said fines and penalties
and the charges for water by distress or otherwise, as the coun-
cil may determine, or refuse to further furnish water to citizens
or other persons in arrears.
The council of the town of Christiansburg, whenever
three-fourths of its members by a recorded vote decide that it
is to the interest of the town so to do, may borrow money to
the extent prescribed by the Constitution and laws of the State
of Virginia, for the uses and purposes of the town, by issuing
bonds of the said town and selling same for the purposes of rais-
ing such money.
42. Any bonds which may be issued under this act may be
either registered or coupon bonds, and shall be issued in such
denominations and bear such rate of interest, not exceeding the
legal rate per centum per annum, as may be determined by the
council. Such bonds shall be made pavable in not exceeding
thirty years from their date and may, at the option of the council,
be made redeemable after such time as the council may pre-
scribe; the interest shall be made payable annually, or semi-an-
nually, as the council may determine; and the council may ex-
empt any or all such bonds from town taxes, in which case a
clause to that effect shall be inserted in each bond. The treas-
urer shall indorse on each bond issued and sold a certificate to
the effect that the town of Christiansburg has received the
amount of said bond from the holder, and when such certificate
is so endorsed upon said bond, and signed by the treasurer, the
title of the purchaser shall in no case be questioned, nor shall
the purchaser or any subsequent holder, be required to see to
the proper application of the money by the town, and the valid-
ity of such bonds shall never theresfter be questioned. All
bonds issued by virtue of this act shall be signed by the mayor,
and shall have the seal of the town affixed thereto, and said
bonds shall be issued and sold, and the proceeds used under the
order of the council. Every bond issued by the council shall
state on its face for what purpose it was issued: provided,
always, that no bond shall be issued or sold for the purpose of
subscribing to the stock of any company for internal improv-
ments or other purposes; and nothing contained in this charter
shall be held to authorize the council to endorse or guarantee
the bonds of any person or corporation.
43. For the execution of their powers and duties, the coun-
cil of the town of Christiansburg shall have the power to raise
annually by taxes and assessment, in said town, such sums of
money as they shall deem necessary to defray the expenses of
the same, and in such manner as they shall deem expedient in
accordance with the Constitution and laws of this State and of
the United States.
The town council shall have the power to tax all real and
personal property situated in said town, and not exempt by law
from State taxation, including any taxable real or personal prop-
erty omitted from the State assessment; to levy a tax on licenses
of agents of insurance, fertilizer, and other persons, firms or
corporations, whose principal office is or is not located in said
town, if said persons, firms or corporations do, or offer to do,
business in said town; to auctioneers, to public theatricals, or
to other performances or shows; to hawkers and peddlers; to
agents for the renting or sale of real estate; to commission mer-
chants, and on the business of any person, firm or corporation
doing business in said town, whether a license tax on such busi-
ness be imposed by the State or not, within the limits of the
Constitution; and also to impose a license tax of not less than
one hundred nor more than two hundred dollars upon any firm,
person or corporation who, not being regularly engaged in busi-
ness in said town, shall consign their goods to others to be sold,
or shall come into said town themselves at various times and
intervals to offer their goods, wares and merchandise for sale
by auction or otherwise without the intention of continuing their
business permanently or regularly in said town; provided, how-
ever, that any farmer may sell the products of his farm in said
town without license. The jurisdiction of the corporate authori-
ties of said town for imposing and collecting a license tax on
shows, performances and exhibitions shall extend one mile be-
vond the corporate limits of said town; it being the purpose of
this section to give to the council of this town the power to tax
all subjects within its jurisdiction not withheld from taxation
by the laws of this State, whether the State taxes them or not,
and whether herein specifically enumerated or not.
44. The council may grant licenses to owners or keepers of
wagons, drays, carts, hacks, automobiles and other wheel
vehicles kept and employed in said town for hire; and may re-
quire the owner or keepers of such vehicles aforesaid using them
in town to take out a license thereon and subject the same to
such regulations as they may deem proper, and may prescribe
their fees and compensations.
45. All goods and chattels wheresoever found may be dis-
trained and sold for taxes and licenses assessed and due theron;
and no deed of trust or mortgage upon goods and chattels shall
prevent the same from being distrained and sold for taxes and
licenses assessed against the grantor in such deed while such
goods and chattels remain the grantor’s possession.
46. The council of the town of Christiansburg shall have
the right to add to all tax bills not paid by the first day of De-
cember in each year a penalty of five per centum on the amount
of the tax bills, and the said council shall also have the right to
add to all taxes on licenses not paid by the first day of June of
each year a penalty of five per centum on the amount of such
licenses, and to prescribe a fine for engaging without the pay-
ment of a license by any person in a business for which a license
tax is charged.
47. The council shall annually order a levy upon all male
persons within said town over twenty-one years of age and on
all real estate within said town not exempt by law from State
taxation and on all such personal property and other subjects
as may at the time be subject to taxation by this charter: pro-
vided, however, that the tax on persons shall not exceed one
dollar, and the tax levied for general purposes shall in no year
exceed one dollar on the one hundred dollars’ worth of prop-
erty, real and personal, and this maximum rate of taxation
shall not be increased except by amendment to this charter.
48. The council may organize and maintain a fire depart-
ment for the town, and make rules and regulations for the gov-
ernment of the officers and men of said department, and may
make such ordinances as they may deem proper to extinguish
and prevent fires; to prevent property from being stolen, and
to require citizens to render assistance to the fire department
in case of need.
49. All ordinances in force in the town of Christiansburg,
not incons'stent with this charter, the laws of this State and
of the United States, shall be, and remain in force until amended
or repealed by the town council.
50. 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.