Chap. 133.—An ACT to amend and re-enact all acts creating and amending
the charter of the city of Lynchburg. . {H B 90]

Approved March 138, 1918.

1. Be it enacted by the general assembly of Virginia, That all
acts creating and amending the charter of the city of Lynchburg be,
and the same are hereby, amended and re-enacted in the manner and
form following:
Corporate limits.—The territory contained within the follow-
ing limits shall be deemed and taken as the city of Lynchburg:

Beginning at a point at the intersection of Fishing creek and
James river, which point is a Point in the old city corporate line;
thence up the northern bank of Fishing creek in the intersection of
the northern condemnation line of the Southern railroad; thence
along the northern condemnation line of the Southern railroad, in
a westerly direction, to a point where the Lynchburg and Durham
railroad crosses the northern condemnation line of the Southern
railroad; thence in a straight line in a westerly direction to the west
corner of James and Carroll streets; thence with the western line
of James street to the southern line of Rives street; thence with
the southern line of Rives street (crossing the county road) to the
western line of the said county road, adjoining the fair grounds;
thence with the western line of said road to the northern line of the
Salem turnpike; thence with the northern line of the Salem turn-
pike to the southern line of Washington street; thence with the
southern line of Washington street and the southern line of Oak-
ley street to the eastern line of an unnamed street lying next west
of, the Asylum road; thence with the eastern line of said street to
Norma street; thence with the western line of Norma street to the
southern line of Alleghany street; thence with the southern line of
Alleghany street to a point opposite the eastern line of an unnamed
street (the first street west of the Asylum road); thence with the
eastern line of said street to Wadsworth street; thence along the
northern line of Wadsworth street (along the line of the Orphan
Asylum) to the western line of the Asylum road (or Fifth avenue
extended) ; thence along the western line of said Asylum road to
the southwest line of Forest avenue; thence along the southwest
line of Forest avenue to a point opposite the northern line of Third
street; thence across said Forest avenue to the northern line of
Third street; thence along said northern line of Third street to the
intersection of Meeting House branch; thence along the western line
of Meeting House branch as it meanders to Blackwater creek; thence
along the southern line of Blackwater creek as it meanders to the
western line of the Lexington turnpike; thence along the western
line of Lexington turnpike to the southern line of C street (see
map made by W. H. Pryor in February, eighteen hundred and
ninety-four, recorded in the clerk’s office of Campbell county in
deed book fifty-nine, page three hundred and twenty-nine), it being
the northern line of the farm owned by W. McC. Waugh at this
time; thence along the southern line of C street and the northern
line of W. McC. Waugh’s land to A street; thence along the east-
ern line of A street to a point opposite the southern line of D street;
thence along the southern line of D street to the southern line of G
street (the northern line of Waugh’s property); thence along the
southern line of G street (and the southern line of G street extended)
to the northern condemnation line of the Norfolk and Western Rail-
way Company; thence following said northern line of the Norfolk
and Western railroad in a westerly direction to a point where said
railroad crosses a branch, at or near Walter Smiths’ line; thence
north up said branch crossing Norfolk avenue (or Norfolk extended)
and following said branch which is the western boundary of the
Warwick property, to the northwest line of the Warwick property ;
thence following the said northwest line of the Warwick property
in a northeasterly direction to the southern line of the Rivermont
park; thence along the said southern line of the Rivermont park to
Rivermont avenue, crossing Rivermont avenue; thence in a straight
line with the said southern line of Rivermont park (extended) to
the southern bank of James river; thence along the said southern
bank of James river to the northwest end of the south abutment
of the Southern railroad bridge spanning James river; thence with
the northwest line of said bridge bearing north across Daniel’s
island with the northwest property line of the Southern Railway
Company, and crossing with the northwest line of the railway bridge
over the north branch of James river to the north bank of James
river; and thence with the north bank of said river down the same
to a point opposite the mouth of Fishing creek; thence by a straight
line across the northern branch of James river and across the Nor-
folk and Western island and the southern branch of James river
to the point of beginning, on the north side of Fishing creek at the
point where it empties into James river.

The inhabitants of the city of Lynchburg within the aforesaid
limits, for all purposes for which towns and cities are incorpo-
rated, shall continue to be one body politic in fact and in name,
under the style and denomination of the city of Lynchburg, and
as such shall have, exercise and enjoy all the rights, immunities,
powers and privileges, and be subject to all the duties and obliga-
tions now appertaining to and incumbent on said city as a muni-
cipal corporation.

Chapter II.

General provisions.—1. The city of Lynchburg and its inhabi-
tants shall be exempt from all assessments for levies in the way of
taxes imposed by the authorities of Campbell or Amherst counties
for any purpose whatever, except upon property in the said coun-
ties owned by the inhabitants of said city, nor shall said inhabitants
be liable to serve upon juries in said counties.

2. Unless otherwise specifically provided, the persons holding
any of the offices provided for in this charter, which offices have
existed under the charter heretofore in force, shall continue to hold
the same under their previous election or appointment until the
term of such office as herein provided shall expire, dating the com-
mencement of such term from the time fixed in said former charter.

Chapter III.

Government—The government of the city shall be vested in a
mayor, 2 council, consisting of two branches, one of which shall be
called the “common council,” and the other the “board of aldermen,”
and in such other departments, boards and other officers as are
hereinafter provided for, or as are permitted or required by law
and appointed by the council.

Chapter IV.

Elections, oaths of office, bonds and so forth.—1. The elec-
tion of all the municipal officers who are chosen by the vote of the
people shall be held at the intervals and on the days prescribed for
such elections by the laws of the State.

2. In case of a vacancy arising in any elective municipal office
hereinafter mentioned, except as otherwise provided, it shall be
the duty of the council to certify the same to the judge of the cor-
poration court, who shall issue his writ for an election to fill such
vacancy in the manner prescribed by the general election laws of
the State.

3. Whenever any special election shall be ordered by the city
council for any object not provided for in the general election laws
of the State, they shall communicate their order for the same to
the judge of the corporation court, and the same proceedings shall
be had by it as are provided by law for special elections to fill vacan-
cies in any elective municipal office.

4. The mayor, members of the city council and all other officers
of the city, whether elected by the people or appointed by the coun-
cil, before entering upon the duties of their respective offices, shall
be sworn in accordance with the laws of the State. Such oaths
may be administered by any person competent to administer an
oath under the laws of the State; and a certificate of such oaths
having been taken shall be filed by each officer with the clerk of
the council, who shall enter the same upon the journal of the coun-
cil. If any person, appointed or elected to any office in said city,
shall neglect to take such oath for thirty days after receiving notice
of lis election or appointment, or shall neglect for a like space of
time to give such securities as may be required of him by the city
council, as hereinafter provided, or as may be hereafter required
by any law or ordinance, his office shall be deemed vacant, and
there shall be another appointment or election for the same.

5. All persons elected by the people to fill any municipal office.
shall enter upon the duties thereof at the time prescribed by the
ceneral laws of the State, and shall respectively continue in office
until their suceessors have qualified.

6. The council shall designate such officers and employes of
the city as shall give to the city bonds, with securities to be approved
by the council, conditioned so as to secure the faithful discharge
of their official duties, and the several penalties of said bonds shall
be the sums the council, by ordinance, shall prescribe; provided
that the sureties of the treasurer,’ collector, commissioner of revenue
and high constable, respectively, shall be equally liable for the acts
of his ‘leputy or deputies as for those of their principals.
The bonds provided for under this section are only to secure
the faithful discharge of duties to the city, and in no wise are to
supersede the official bonds to the Commonwealth required of an
of said officials by law. All official bonds given by municipal off-
cers and employes shall be filed with the clerk of the corporation
court.

Chapter V.

Corporation court, mayor and police justice.—1. The juris-
diction of the corporation court and of the circuit court of the city
shall extend to the corporate limits thereof, and to a space of one
mile without and around said limits, except that the same shall
not extend into the county of Amherst beyond the corporate line;
and any judgment, order or decree of the said corporation court or
of the said circuit court for the city of Lynchburg heretofore made
in any case in which the said court would have had jurisdiction had
this act then been in operation shall have the same effect as if this
act had been at that time in force.

2. The mayor shall be elected by the qualified voters of the city
for the term of four years; his salary shall be fixed by the ordi-
nances of the city, and paid as therein directed, and chal not be
diminished during his term of office

3. The mayor shall be the chief executive officer of the city and
shall make his official headquarters in an office to be provided for
him by the city council, and shall keep such office hours as the coun-
cil may prescribe. He shall see that the duties of the various city
officials, boards and departments, whether such officials and mem-
bers of such boards and departments are elected or appointed, are
faithfully performed, and his duties and powers with reference to
his supervision of the conduct of municipal officers and employes
and the affairs of the city shall be such as are prescribed by the
Constitution and laws of the State and the ordinances of the city.

It shall be his duty to communicate to the council annually, or
oftener if he shall deem it expedient or be required by the council
so to do, a general statement of the situation and condition of the
city in relation to its government, finances and improvements, with
such recommendations as he may deem proper. |

It shall be his privilege when he so desires, and his duty when
requested by either branch of the council, to attend any meeting of
either body of the council, whether regular or special, and furnish
such information as may be desired or make any statement or
recommendation which he may deem proper. It shall likewise be
his privNege when he so desires, and his duty when requested so
to do by any committee of the council, commission or board to be
present at any meeting of any committee of the council or commis-
sion or board herein provided for, for the same purposes.

4. The corporation court of the city may remove the mayor
from office for malfeasance, misfeasance or gross neglect of official
duty, and such removal shall be deemed a vacation of the office.
All proceedings against the mayor for purpose of removing him
from office shall be by order or motion before said court, upon rea-
sonable notice to the party affected thereby, and with the right to
said party of an appeal to the supreme court of appeals.

5. In the event of the death, resignation, removal of the mayor,
or his inability to discharge his duties from some other cause, his

lace shall be filled and his duties shall be discharged by the presi-
dent of the board of aldermen until another mayor is elected and
qualified or until such inability shall cease.

6. Within ten days after such death, resignation or removal of
the mayor, the corporation court of the city shall order a special
election, which shall be held within thirty days after such order is
entered, to fill the unexpired term of such mayor; provided the unex-
pired part of said term remaining after such election is as much as
one year.

7. The city council shall, in the year nineteen hundred and nine-
teen, and in each fourth year thereafter, elect an officer who shall
be called the police justice of the city, whose term of office shall begin
on the first of January succeeding his election and shall continue
for four years thereafter; his salary shall be fixed by the council
and paid out of the city treasury, and shall not be diminished dur-
ing his term of office.

8. The said police justice shall have all the powers and duties
of a justice of the peace in both civil and criminal matters, and in
addition to such powers and duties it shall be his duty and he shall
have jurisdiction to enforce the penal laws of the State and city
and the ordinances and resolutions of the council, and he shall have
exclusive original jurisdiction of all offenses of whatever nature
against the ordinances of the city; his jurisdiction shall extend
throughout the corporate limits of the city and in criminal matters
for one mile beyond those limits, except that the same shall not
extend into the county of Amherst beyond the corporate line. In
enforcing such laws, ordinances and resolutions he shall have power
to enforce and collect all fines and penalties and to inflict and
impose such other punishments as by said laws, ordinances or res-
olutions are ordained as a penalty for any breach thereof.

9. An appeal may be taken to the corporation court from a
judgment of the police justice in imposing any fines or penalties
for a violation of the penal laws of the State in all cases where an
appeal might be taken from a decision of a justice of the peace.

rom his judgment imposing a penalty for any infraction of a city
ordinance an appeal may be taken to the corporation court of the
city, except in cases where the penalty imposed is a fine not exceed-
ing twenty dollars, in which cases it shall be final.

10. He shall have the power to enforce the payment of any fine
or penalty imposed by him for any violation of a city ordinance
or resolution or any State law by imprisonment in the city jail.

11. In civil suits the jurisdiction of the police justice, within the
corporate limits, shall be that of a justice of the peace, and when
the matter in controversy does not exceed twenty dollars his judg-
ment shall be final.
12. The police justice shall hold a court each day, except Sun-
day, to take cognizance of such cases as may be brought before him
under the laws of the State or the ordinances of the city.

13. In the case of the absence from the city or inability to act
on the part of the police justice, the council may designate some per-
son to act in his place, who, when acting, shall possess the same
powers and discharge the same duties as said police justice.

14. Any vacancy in the office of police justice may be filled by
election by the council. The person thus elected shall serve for the
unexpired term and until his successor shall be elected and qualified.

Chapter VI.

The city council, its powers, duties, et cetera—1. There
shall be a council of the city of Lynchburg, which shall consist of
two branches having a different number of members, one of which
shall be called the “common council,” and be composed of not less
than five nor more than forty members; and the other shall be
called the “board of aldermen,” and shall be composed of not less
than three nor more than twenty-two members; and all members of
both branches shall be residents of their respective wards and qual-
ified voters therein, and shall be elected by the qualified voters of
such wards; and so far as practicable, each ward shall have equal
representation in each branch of the council in proportion to the
population of the ward. The members of each branch shall be
elected for a term of four years, and all elections to fill vacancies
in either branch of the council shall be by that branch in which the
vacancy occurs, and shall be for the unexpired term. No member
of either branch of the council shall receive any compensation for
his services.

2. Each branch of the council shall elect one of its members
to act as president, who shall preside at its meetings and shall con-
tinue in office two years, unless elected to fill a vacancy, when the
election shall be for the unexpired term. Each branch of the coun-
cil shall also elect one of its members to be a vice-president, who
shall preside at such meetings in the absence of the president, and
who, when the president shall be absent from the city or unable to
perform the duties of his office by reason of sickness or otherwise,
shall perform any and all duties required of or entrusted to such
president under the provisions of this chapter, or under the gen-
eral law. When for any cause both the president and the vice-pres-
ident shall be absent from any meeting, a president pro tempore
shall be elected by that branch of the council in which such absence
may occur, and shall preside during the absence of the president
and vice-president. The president, vice-president, or president pro
tempore who preside when the proceedings of a previous meetin
are read, shall sign the same. The president of either branch o
the council or the vice-president, when authorized as above stated
to act for the president, shall have the power at any time to call
a meeting of his branch of the council and in case of the absence,
sickness, disability or refusal to act of both the president and the
vice-president of either branch of the council, it may be convened
by the order, in writing, of any three members of such branch.

3. Each branch of the council shall have authority to adopt
such rules and to appoint such officers and clerks as it may deem
proper for the regulation of its proceedings and for the convenient
transaction of business may compel the attendance of absent: mem-
bers, may punish its members for disorderly behavior, and by vote
of two-thirds of its members, may expel a member for malfeasance
or misfeasance in office. Each branch shall keep a journal of its
proceedings and its meetings shall be open except when, by a
recorded vote of two-thirds of the members present, the council
shall decide that the public welfare requires secrecy. Either branch
of the council, or any of its committees, when authorized by the said
council or branch, the board of police commissioners and the board
of fire commissioners, may each, in any investigation held by them
respectively, within their respective powers and duties, order the
attendance of any person as a witness and the production by any
person of any proper books or papers. Any person refusing or fail-
ing to attend or testify, or to produce such books and papers, may
be summoned by such investigating body before the police justice or
other officer having the powers of a justice of the peace of the city,
and upon failure to give a satisfactory excuse, may be fined by him
not exceeding the sum of one hundred dollars or imprisoned not
exceeding thirty days, such person to have the right of appeal as
in cases of misdemeanor, to the corporation court of said city. Such
witness may be sworn by the officer presiding at such investigation,
and shall be liable for prosecution for perjury for any false testi-
mony given at such investigation.

4, A majority of the members of either branch of the council
shall constitute a quorum for the transaction of business. No vote
shall be reconsidered or rescinded at any special meeting unless at
such special meeting there be present as large a number of members
as were present when such vote was taken. No ordinance or reso-
lution appropriating money exceeding the sum of one thousand dol-
lars, imposing taxes or authorizing the borrowing of money, shall
be passed by the two branches on the same day; neither shall the
branch in which such ordinance or resolution is proposed pass the
same on the day of its introduction nor shall any such ordinance
or resolution be valid unless at least three days intervene between
its passage by the said branches respectively. No ordinance or res-
olution appropriating money exceeding the sum of one hundred dol-
lars, imposing taxes or authorizing the borrowing of money, shall
be passed except by a recorded affirmative vote of a majority of all
the members elected to each branch of the council; and in case of
the veto by the mayor of such ordinance or resolution it shall require
a recorded affirmative vote of two-thirds of all the members elected
to each branch of the council to pass the same over such veto.

5. The officers of the city whose election or appointment is not
otherwise provided for herein or under the general statutes of the
State shall be elected or appointed by the council of the city by the
two branches in joint meeting. The president of the board of alder-
men shall preside at such joint meeting, and each member of the
two branches shall be entitled to one vote in all such elections or
appointments, as well as in all other joint meetings of the two
branches of the council.

6. Every ordinance or resolution having the effect of an ordi-
nance passed by the council of the city shall, before it becomes
operative, be presented to the mayor of such city. If he approve,
he shall sign it; but if not. he may return it, with his objections in
writing, to the clerk or other recording officer of that branch in
which it originated, which branch shall enter the objections at length
on its journal, and proceed to reconsider it. If after such recon-
sideration two-thirds of all the members elected thereto shall agree
to pass the ordinance or resolution, it shall be sent, together with
the objections, to the other branch, by which it shall likewise be
considered; and if approved by two-thirds of all the members
elected thereto, it shall become operative, notwithstanding the objec-
tions of the mayor. But in all such cases the votes of both branches
of the council shall be determined by yeas and nays, and the names
of the members voting for and against the ordinance or resolution
shall be entered on the journal of each branch. If any ordinance
or resolution shall not be returned by the mayor within five days,
Sundays excepted, after it shall have been presented to him, it shall
become operative in like manner as if he had signed it, unless his
term of office or that of the council shall expire within said five days.

The mayor of the city shall have the power to veto any particu-
lar item or items of an appropriation ordinance or resolution, but
the veto shall not affect any item or items to which he does not
object. The item or items objected to shall not take effect except
in the manner provided in this section as to ordinances or resolutions
not approved by the mayor.

7. Upon the announcement by the president of the adoption of
resolutions or ordinances having for their object the increase of the
indebtedness of the city or the expenditure of its revenues, except
for the payment of its salaried officers and employes, any two coun-
cilmen may give notice of a motion to reconsider, which motion shall
delay the question until said reconsideration can be acted on at the
next regular meeting of the council.

8. When any vacancy shall occur in either branch of the coun-
cil of the city, by death, resignation, removal from the ward, fail-
ure to qualify, or from any other cause, the branch in which such
vacancy occurs shall elect a qualified person to supply the vacancy
for the unexpired term.

9. The council shall have all the general powers vested in it by
the Constitution and laws of the State, and it shall have power to
enact ordinances providing for the exercise within its jurisdiction
of all police powers which the State itself may exercise under the
Constitution, except such as may be specially denied cities by act
of the general assembly; and shall further have power—
(1) To control and manage the fiscal and municipal affairs of
he city, and all property, real and personal, belonging to the city,
2nd may make such ordinances, orders and by-laws relating to the
same as it may deem proper and necessary.

(2) To purchase, hold, sell, and convey all real and personal
property necessary for its uses and purposes.

(3) To establish markets in the city and regulate the same, and
‘o enforce such regulations in regard to the keeping and sale of
fresh meat, vegetables, eggs, and other green groceries, and the trade
of hucksters and junk dealers, as may be deemed advisable.

(4) To erect in or near the city limits suitable workhouses, houses
of correction or reformation, and houses for the reception and main-
fenance of the poor and destitute. It shall possess and exercise
axclusive authority over all persons within the limits of the city
receiving the benefits of the poor law; appoint officers and other
persons connected with any institution or house which it may estab-
lish, and regulate pauperism within the limits of the city, and the
council, through a board of overseers of the poor, or such other
agencies as it may appoint for the direction and management of
the poor of the city, shall exercise the powers and perform the
duties vested by law in overseers of the poor.

(5) To erect and keep in order all necessary public buildings.
and to establish and regulate public squares and parks in or near
the city, and may acquire by purchase, through condemnation or
otherwise, the land it may deem necessary for such uses.

(6) Toestablish, maintain and enlarge water works or gas works
within or without said city; to contract with the owners of land.
water and riparian rights. for the use or purchase thereof, or to
have the same condemned for the location or enlargement of said
works, or the pipes and fixtures thereof, and to acquire by pur-
chase or condemn such quantity of the water shed land adjacent
to the intake or source of supply, as in the judgment of the said
council may be necessary to insure a sufficient supply of water for
said city, and to protect the same from pollution; to prevent the
throwing of filth or offensive matter in James river within six
miles of the city limits, and to protect said water supply, works.
pipes, reservoirs and fixtures, whether within or without the city
against injury and pollution, by appropriate ordinances and penal.
ties, to be enforced as are other ordinances of said city.

(7) To establish or acquire by purchase and to maintain anc
operate within or without the corporate limits suitable works fot
the generation of electricity for illuminating or other purposes
and to supply the same to consumers in or near the city at suck
price and on such terms as it may prescribe, and to that end mav
contract with owners of land and water power for the use thereof
or may have the same condemned.

(8) To establish, or acquire by purchase, such other public util.
ities, abattoirs and other enterprises, either within or without the
citv, as may in its judgment be in the public interest, and to that
end may contract with owners of land, with or without buildings
for the use, or the purchase thereof, or may have the same con-
demned.

(9) To take care, supervision and control of streets, squares
and commons, and to close, extend, widen, narrow, lay out, pave,
graduate, Improve and otherwise alter the streets in said city; have
the streets properly lighted and kept in good order; make or con-
struct sewers or public ducts through the same or wherever else
they may deem expedient; build bridges in or culverts under said
streets or alleys, prevent or remove obstructions or encroachments
over, under or in the same; plant shade trees along the same. and
prevent the cumbering of streets, allevs, walks, public squares, lanes
or bridges in any manner whatever.

(10) To permit railroads to be built and to determine and des-
ignate the route and grade thereof: to permit poles for electrical
purposes to be erected, gas and steam pipes to be laid in the streets,
and to prescribe an annual license charge for the privileges granted
hereunder; to regulate the speed of engines and cars upon the rail-
roads within the citv, and to wholly exclude the same where the wel-
fare of the city may demand it.

(11) To provide for the weighing of hay, fodder, oats and
shucks or other long forage, ice, coal, and live stock, and the meas-
uring of wood and lumber.

(12) To require every merchant or trader in property of any
description which is sold by measure or weight. to have his weights
and measures sealed by the city sealer.

(183) To provide or aid in the support or maintenance of pub-
lic free schools; to appoint the school board for the city, and to
designate the age of pupils to be admitted into the public schools
and the grade of such schools.

(14) To grant aid to military companies maintained within
the city, to associations for the advancement of agriculture or the
mechanic arts, to scientific, literary, educational or benevolent organ-
ization or institution and to public libraries. provided such action
is not prohibited by the Constitution of the State, and that all such
societies, organizations or institutions be located in or near the city,
and provided further that no appropriation for any such purposes
shall be made, nor shall aid be otherwise granted through exemp-
tion from charge for use of water or light furnished by the city.
or through the extension of water or light facilities or otherwise,
either with or without charge, bevond the city limits, unless two-
thirds of all the members elected to each branch of the council vote
therefor. |

(15) To secure the inhabitants from contagious. infectious or
other dangerous diseases; to establish a quarantine ground: to pro-
vide and maintain hospitals; to compel the removal of patients to
same; to appoint and organize a board of health; to define its duties,
and grant to it the necessary authority effectually to discharge them.

(16) To provide for the registration of births in the city, and
to that end may require physicians, midwives, or parents to report
the same to the board of health under such regulations as it may
deem proper.

(17) To provide in or near the city lands to be used as burial
places for the dead, to improve and care for the same and the
approaches thereto, and to charge for and regulate the use of ground
therein; to prohibit the burial of dead within the city and to reg-
ulate public cemeteries, and to require the return of bills of mor-
tality by the keepers of all cemeteries in or near the city.

(18) To compel the abatement and removal of all nuisances
within the city at the expense of the person or persons causing the
same, or the owner or owners of the grounds whereon the same shall
be; to prevent or regulate slaughter houses, tan yards, soap and
candle factories within said city, or the exercise of any dangerous,
offensive or unhealthy business or employment therein, and to regu-
late the transportation of coal, dirt and other articles through the
streets of the city.

(19) To authorize and regulate the erection of party walls and
fences, and to prescribe how the cost thereof shall be borne by
coterminous owners. :

(20) To direct the location of all buildings for storing explo-
sives or combustible substances; to regulate the sale and use of gun
powder, nitroglycerine, fireworks, kerosene oil or other like mate-
rial; to regulate the exhibition of fireworks, the discharge of fire-
arms and the making of bonfires in streets and yards.

(21) To prevent fowls and animals being kept in or running
at large in the city, and to subject the same to such taxes, regula-
tions and confiscations as it may think proper.

(22) To prevent the riding or driving of horses or other ani-
mals at imporper speed; to prevent the flying of kites, throwing of
stones, or engaging in any sort of empolyment in the public streets
which is dangerous or annoying to passersby, and to prohibit and
punish the abuse of animals.

(23) To restrain and punish drunkards, vagrants and mendi-
cants.

(24) To prevent vice and immorality; to preserve public peace
and good order; to prevent and quell riots, disturbances and disor-
derly assemblages; to suppress houses of 1/1 fame,and gaming
houses; to prevent lewd, indecent and disorderly conduct or exhi-
bitions in the city, and to expel therefrom persons guilty of such
conduct who have resided therein Jess than one year.

(25) To prevent the coming into the city of persons having no
ostensible means of support, or of persons who may be dangerous
to the peace and safety of the city, and for this purpose may require
any railroad company bringing such passengers into the city to enter
into bond, with approved security, that such persons shall not
become chargeable to the city for one year, or may compel such
company to take them back from whence they came, or compel such
persons to leave the city if they have been in the city more than
six months before the order is given. .

(26) To regulate and control auction sales, livery stables,
garages, slaughter houses, theatrical performances or other public
shows or exhibitions, the hiring or use for pay of carriages, carts,
wagons, and drays, and the business of hawkers, peddlers; persons
selling goods by sample, persons keeping billiard tables, ten pin
alleys and pistol galleries for profit, and all other similar busi-
nesses and occupations and employments, and as to such trades,
occupations and employments, and any other of a like nature, may
grant or refuse license as it may deem proper.

(27) . To compel persons sentenced to confinement in the jail
of the city for petty larceny or other misdemeanor or other viola-
tions of the city ordinances to work on the public streets of the
city or on the city farm, or be sent to the poor house, there to per-
form such labor as the overseers of the poor may direct; and on the
requisition of the mayor it shall be the duty of the sergeant of the
city to deliver such person to the duly authorized agent of the citv
for such purposes from day to day as he may be required.

(28) To divide the administrative work of the city into such
departments as the council, in its judgment, may deem proper and
to appoint a city engineer, city surveyor, city electrician, a collec-
tor of city taxes, a city attorney and an auditor, and such other
officers and employes as it may deem proper and necessary, and to
prescribe their respective powers and duties, terms of office and
compensation; and all such officers may have such assistants and
clerks as the council may approve. Any office which the council has
the power to fill by appointment or election it may abolish or
declare vacant at any time, whether the term of office of the incum-
bent has expired or not; and it may |ikewise at any time consoli-
date any such office with any other of the offices that the council
has the power to fill by election or appointment, or it may consoli-
date any such office with any office to which the incumbent is elected
by the voters of the city, provided that the fire and police depart-
ments shall neither be combined with others nor abolished. When
a vacancy occurs in any office to which the incumbent is elected by
the council, the council is empowered to fill the vacancy, and when
such vacancy occurs otherwise than by the regular expiration of
the term of the incumbent the election shall be only for the unex-
pired term. -

(29) To change the boundaries of wards and increase the num-
ber thereof.

(30) To give names to or alter the names of streets.

(31) To make such regulations and orders as will protect. its
citizens from unsafe houses or walls, and to that end it shall have
the power to cause to be condemned and taken down any such build-
ing or wall, but no such condemnation shall be made or such house
or wall be taken down until the owner thereof, or in case of an infant
or insane person, his guardian or committee, be duly summoned
before the board of officers of the city, or the committee of the coun-
cil thereof charged by the ordinances with such duty, and allowed
reasonable opportunity to show cause against such action.
(82) To provide for the regular and safe construction of
houses in the city for the future.

(33) To designate and prescribe from time to time the parts of
the city within which no buildings of wood shall be erected, and to
regulate the construction of buildings in the city so as to protect it
against danger from fire.

(34) To provide any penalty for the violation of any city ordi-
nance, not exceeding three hundred dollars, or three months’ impris-
onment in the city jail, or both.

(35) To pass all by-laws, rules and ordinances not repugnant
to the Constitution and laws of the State which 1t may deem neces-
sary for the good order and government of the city, the manage-
ment of its property, the conduct of its affairs, the peace, comfort,
convenience, order, morals, health and protection of its citizens of
their property, and do such other things and pass such other laws
as may be necessary or proper to carry into full effect any power,
authority, capacity or Jurisdiction, which is or shall be granted
to or vested in said city or in the council, court or officers thereof,
or which may be necessarily incident to a municipal corporation.

(36) To provide for the due publication in the newspapers or
otherwise of its ordinances and resolutions.

(37) To contribute funds or other aid to the building or
improvement of permanent public roads leading to the city, or of
bridges on such roads, or to the purchase of bridges on such roads
by an affirmative vote of at least two-thirds of the members elect of
each branch of the council, provided that no such appropriation
shall be made toward the building, purchase, or improvement of
any road or bridge at a point more than forty miles beyond the
corporate limits of the city measured along the route of such road.

(38) To employ a person, if it deems proper to do so, to be des-
ignated “city manager,” to superintend or perform any or all or any
part of the administrative affairs and work of the city under such
rules and regulations as the council may prescribe. Such city man-
ager shall receive such salary as may be allowed him by the council,
and may be dismissed at any time by the council.

10. (1) The council shall appoint a board of police commis-
sioners, to consist of one person from each ward of the city not a
member of its own body, to be chosen from the qualified voters of
such ward, and shall prescribe their respective terms of office.
When a vacancy occurs in the board, it shall be filled by the coun-
cil, and when such vacancy occurs otherwise than by the regular
expiration of the term of a member, the election shall be only for
the unexpired term.

(2) The board of police commissioners shall elect one of their
number president, shall keep a record of their proceedings, and shall
adopt such rules as they may deem proper for their government in
the transaction of their business.

(3) The board shall select from among the electors of the city,
subject to the approval of the council, a chief of police, whose pay,
duties and bond shall be such as the council may ordain. The war-
rant of appointment of said chief of police, when so approved, sh
be signed by a majority of the board and filed with the ci ee Ste
The board shall further, upon the nomination of the ehied, appoint
such number of policemen as may be authorized by the council, and
shall perform any other duties which the council may delegate to it
__ (4) _ The chief of police and policemen appointed as herein pro-
vided shall constitute the police force of the city, and shall hold
their respective positions during good behavior
removed by the board. Bs or until they are
(5) The police force shall be under the control of the mayor
for the purpose of enforcing peace and order and executing the laws
of the State and the ordinances of the city. It shall also perform
such other duties as the council may prescribe. For the purpose of
enabling it to execute its duties every member thereof is hereby
made a conservator of the peace and endowed with the powers of a
constable in orn cases, and with such other powers under the
aws of the State as may be necessary to the disch
of his office. o arge of the duties
(6) The pay, uniform, rules and regulations f :
force shall be prescribed by the council. — me FOP Seid poliee
11. (1) The council shall appoint a board of fir _
ers, to consist of one person from each ward of the city not a mem.
ber of its own body, to be chosen from the qualified voters of such
ward, and shall prescribe their respective terms of office. When u
vacancy occurs in the board it shall be filled by the council, and
when such vacancy, occurs other wise than by the regular expira
tion of the term of a member, the election shall : i
unexpired a dof only be for the
(2) The board o fire commissioners shall elect
number president, shall keep @ record of their aroceedines, ay ten
adopt such rules as they may deem proper for thei .
the transaction of their business. P oh SOVECIIMED Mn
(3) The board shall select from among the electo
subject to the approval of the council, a chief snginesr whos oe
and bond shall be such as the council may ordain. His warrant of
appointment, when so ap roved, shall be signed by a majority of
the board and filed with the city auditor. Jority 0
(4) The board shall select and enlist upon th ‘nati
the chief engineer sich number of firemen as the council: chall
authorize, and any vacancy in the force of firemen shall be filled i
like manner. The chief enginecr and firemen shall retain th ir
positions during good behavior or until they are removed b the
board. vy URE
(5) The board of fire commissioners shall perform a
ther
duties connected with the fire department whi ny °
delegate to it. P ich the council may
12. Copies of the ordinances, printed und
the council, and transcripts from such ordinances a Prom nority of
nal or ordinance book of the council, certified by the clerk thereof,
shall be received as evidence for any purpose for which the original
ordinances or journal could be received and with like effect.

Chapter VII.

Section 1. There shall be for said city a judge of the corpora-
tion court, a Commonwealth’s attorney, a clerk of the corporation
court, a treasurer, a sergeant, and a commissioner of the revenue,
each of which shall be elected in the manner and at the time, and
shall hold office for the term prescribed by law; they shall respect-
ively perform such duties, have such powers, and be liable to such
penalties as may be prescribed by the laws of the State or the ordi-
nances of the city, made in pursuance thereof.

2. There shall be elected by the qualified voters of each ward
of the city one justice of the peace, who shall hold office for the
term of four years and until his successor is elected and qualified,
unless sooner removed from office. The said justices shall be con-
servators of the peace within the corporate limits of the city, and
for one mile beyond the corporate limits thereof, and within such
limits shall possess the jurisdiction and exercise the powers con-
ferred on justices of the peace under the laws of this Common-
wealth, except that nothing herein contained shall be construed as
vesting in such justices any portion of the jurisdiction given by
law to the police justice of the city, in enforcing the ordinances of
the city or the criminal laws of the State, though such jurisdic-
tion or any part thereof may be vested in them, or in any one or
more of them, by resolution or ordinances of the council.

3. There shall be elected by the qualified voters of the city one
high constable, who shall hold his office for the term of four years
and until his successor be elected and qualified, unless sooner
removed. Said high constable shall keep his office in some con-
venient place in the city, and shall have the same powers and duties
and be subject to the same penalties as are prescribed by law for
the constables, and shall further perform such other duties as may
be prescribed by the ordinances of the city, for which duties his
compensation shall be fixed by the council. ~

Chapter VIII.

Bonds, taxes, sinking funds, et cetera.—Section 1. The coun-
cil may, In the name and for the use of the city, contract debts and
cause to be issued therefor notes or bonds; but no debt of the city
shall be payable more than thirty-four years from the date thereof;
provided that the council shall not have power to contract debts for
the city or issue evidences thereof, whether notes or bonds for sums
which, when added to the debt of the city then existing, shall cause
the total amount of the indebtedness of the city to be greater than
sixteen per centum of the value of the real and personal estate,
which shall include all capital on which a license tax is paid, in
the city as asseseed for taxation; provided, however, that in deter-
mining the limitation of the power of the city to incur indebted-
ness there shall not be included the classes of indebtedness men-
tioned in sub-sections (a) and (b) of section one hundred and twen-
ty-seven of the Constitution of the State; and, provided further,
that the council shall not contract debts or issue any evidence thereof
for the purpose of subscribing to the capital stock of any internal
improvement company or private corporation, nor shall it cause the
bonds of any such company to be endorsed by the city.

2. No debt shall be created by the council for a longer period
than four months, unless the ordinance creating the same shall have
been introduced at some meeting of the council at least thirty days
before the same is passed; but an amendment to such an ordinance
need not lie over for an additional thirty days.

8. For the execution of its powers and duties, the council may
tax all real and personal property in the city not exempt by law
from taxation, all corporations located in the city or having their
principal office therein and not exempt by law from taxation, all
moneys owned by or credits due to any person living in the city, all
capital of persons having a place of business in the city and doin
business therein and employed in said business, though the sai
business may extend beyond the city; provided, that so much of
said capital as is invested in real estate, or employed in the manu-
facture of articles, outside the city limits, shall not be taxed as
capital; all stocks in incorporated joint stock companies doing
business in the city and by whomsoever owned and not exempt by
law from taxation; income, interest on moncy, dividends of banks,
or other corporations; provided, that no capital, interest, income
or dividends shall be taxed, when a license or other tax is imposed
upon the business in which said capital is employed, or upon the
principal, money credits or stocks from which the interest, income
or dividend is derived; nor shall a tax be imposed at the same time
upon stock of a corporation and upon the dividends thereon. Assess-
ments upon stocks and bonds shall be according to the market value
thereof.

4. The council may impose a tax of one dollar per annum upon
each male resident of the city who has attained the age of twenty-
one years.

5. The council may impose a tax on merchants, commission
merchants, auctioneers, manufacturers, traders, lawyers, physicians,
dentists, brokers, kcepers of ordinaries, hotel keepers, boarding house
keepers, keepers of drinking or eating houses, keepers of livery sta-
bles, photographic artists of all kinds, agents of all kinds (includ-
ing the agents of insurance companies whose principal office is not
located in the city), sellers of wines and other liquors, venders of
quack medicine, public theatrical or other performances or shows,
keepers of billiard tables, ten-pin alleys, pistol galleries, hawkers,
peddlers, sample merchants, railroad companies, canal companies,
telegraphic companies, telephone companies, gas companies, electric
companies, traction companies of all sorts, street railway companies,

express companies, insurance companies, and any other person, firm,
corporation or employment, whether of like kind with any of the
foregoing or not, which it may deem proper, whether such person,
firm, corporation or employment be herein specifically enumerated
or not, and whether any tax be imposed thereon by the State or not.
As to all such persons, firms, corporations or employments, the coun-
cil may lay a direct tax or may require a license tax therefor under
such regulations as it may prescribe and levy a tax thereon; and
where it is not prohibited by the laws of this State, or of the
United States, may levy both a direct tax and a license tax thereon ;
but the taxes herein authorized shall be subject to the provisions
and conditions set forth in the third section of this chapter. But
this section shall not render it legal to conduct within the city any
business, calling or vocation which but for this section would be
illegal.

6. The council may subject any person who, without having
obtained a license therefor, shall do any act or follow any employ-
ment or business in the city, for which a license may be required
by ordinance, to such fine or penalty as it is authorized to impose
for any violation of its laws.

7. There shall be set aside annually from the revenues of the
city a sinking fund equal to one per centum on the aggregate out-
standing debt of the city, which by its terms is not payable within
one year, and on the debt of the city contracted for a new water
system for said city, or for improving the present system, there
may be set aside an additional fund equal to two per centum of
said debt contracted for a water system for said city; said sinking
fund shall be applied to the debt or debts for the discharge of
which it was created, and until so applied shall be invested, with
its accumulations of interest, in bonds of the United States, or of
the State of Virginia, or of the city of Lynchburg, or of any city
in the State of Virginia having a population of ten thousand inhab-
itants or over, according to the latest United States census.

8. The council shall not appropriate any part of the sinking
fund or its accruing interest otherwise than as mentioned in the
preceding section, except in time of war, insurrection or invasion,
and then only by a vote of twothirds of all the members elected to
such council.

9. The council may vest in the treasurer, the collector of city
taxes and assessments, the collector of delinquent taxes, the collec-
tor of water rents, water rates and water assessments, and any
other collector of sums due to the city which it may appoint, any
or all of the powers which are now or may be hereafter vested in
any Officer of the State charged with the collection of State taxes,
and may prescribe the mode of his proceeding and the mode of pro-
ceeding against him for the failure to perform his duties. No deed
of trust or mortgage upon goods and chattels shall prevent the same
from being distrained or sold for taxes assessed against the grantor
in such deed while such goods and chattels remain in the possession
of the grantor, nor shall any such deed prevent the goods and chat-
tels conveyed from being distrained and sold for the taxes assessed
thereon, no matter in whose possession they may be found.

10. There shall be a lien on real estate for the city taxes assessed
thereon from the commencement of the year for which they are
assessed. The city council may require real estate in the city delin-
quent for the non-payment of taxes to be sold for said taxes, with
interest thereon, and such per centum as they may prescribe for
expenses of collection, and they may regulate the terms on which
real estate so delinquent may be sold or redeemed; provided, that
all such sales shall be made subject to the prior lien of the Com-
monwealth for taxes.

11. A tenant from whom pavment of taxes on his landlord’s

roperty shall be obtained by distress or otherwise shall have credit
for the same against such person on account of his rent, unless by
contract the tenant 1s to pay such taxes.

12. All moneys received or collected for the use of the city shall
be paid over, held and disbursed as the council may order or pre-
scribe,

13. It shall be the duty of the clerk of the corporation court of
said city annually, between the first and fifteenth days of January,
to furnish the commissioner of revenue for said city a certified list
of all transfers of real estate which may have been made in his
office during the preceding twelve months.

14. The council may not impose a greater per centum for the
non-payment of city taxes and levies than is imposed by the State
for the non-payment of State taxes; but it may cause such penalty
to be added to the amount. of taxes or levies due from its taxpay-
ers at such time on and after the first day of July as it may by
ordinance or resolution from time to time determine; and after
such penalty has been added, the treasurer, collector of taxes, the
collector of delinquent taxes, and all other officers of the city author-
ized to collect taxes or levies due to the city of Lynchburg, shall
have the power of distress, garnishment, suit, renting or action, and
any other power now possessed or that may hereafter be given to
any person charged with the collection of State taxes after the pen-
alty for non-payment of State taxes has been added. Should it
come to the knowledge of the treasurer or collector of city taxes
that any person, firm or corporation owing taxes or levies to the
city is moving or contemplating moving therefrom prior to the
time that said penalty may be added by the council, the treasurer
or collector shall have the right to collect the taxes by distress, gar-
nishment, renting, suit, or action, or otherwise, at any time after
such bills for taxes hive come into his hands.

CrrArrerR IX.

Streets. highways, ete.—Section 1. The city shall not take or
use any private properly for streets or any other public purposes
without making just compensation for the same, but where the city
cannot obtain title to ground necessary for its purpose, it may pro-
ceed to condemn the same in the mode prescribed by law.

2. No order shall be made and no injunction shall be granted
by any judge or court of this Commonwealth to stay the proceed-
ings of the city in the exercise of any power herein granted it over
its streets and railways, unless it be manifest that it 1s exceeding its
powers and that the interposition of the court is necessary to pre-
vent injury which cannot be adequately compensated in damages.

3. In every case where there has been or shall be encroachments
upon a street by a fence, building or otherwise, the police justice
may require the owner to remove the same. If such removal shall
not be made within the time ordered, the police Justice may impose
a penalty to be fixed by the council for each day which it is allowed
to continue thereafter, and may cause the encroachment to be
removed at the risk and cost of the owner, although the right to
impose such penalty or require the removal of such encroachment
involves the validity of a bona fide title to real estate.

4. Wherever any ground shall have been opened to and used
by the public as a street for ten years it shall be considered as dedi-
cated to the public, and the city shall have the same authority and
jurisdiction over and right and interest therein as it has over other
streets.

5. When the owner of any property in the city divides the
same into lots, reserving streets therein for the use of the public,
and places a plat thereof on record, clearly showing his intention
in regard thereto, it shall be held a dedication thereof to the public
use, and the fee in the same shall thereby vest in the city as a part
of its streets.

6. No agreeemnt between or release of interest by persons own-
ing the land contiguous to such streets, whether the same has been
opened and used by the public or not, shall have the effect of clos-
ing such street or to divest the interest of the public therein or the
authority of the city thereon.

7. (1) In any action against the city to recover damages
against it for any negligence in the construction or maintenance of
its streets, alleys, lanes, parks, public places, sewers, reservoirs or
water mains, where any person or corporation is liable with the
city for such negligence, every such person or corporation shall be
joined as defendant with the city in any action brought to recover
damages for such negligence, and where there is judgment or ver-
dict against the city, as well as the other defendant, it shall be
ascertained by the court or jury which of the defendants is pri-
marily liable for the damages assessed.

(2) If it be ascertained by the judgment of the court that
some person or corporation other than the city is primarily liable,
there shall be a stay of execution against the city until execution
against such person or persons or other corporation or corporations
shall have been returned without realizing the full amount of such

judgment.

3) If the city, where not primarily liable, shall pay the said
judgment, in whole or in part, the plaintiff shall, to the extent that
said judgment is paid by the city, assign the said judgment to the
city without recourse on the plaintiff, and the said city shall be
entitled to have execution issued for its benefit against the other
defendant or defendants who have been ascertained to be primarily
liable, or may institute any suit in equity to enforce the said judg-
ment, or an action at law, or scire facias to revive or enforce said
judgment.
CHAPTER X.

All acts and parts of acts inconsistent with this act are hereby
repealed, and all acts and parts of acts in any way concerning the
city of Lynchburg and the rights of the people thereof, or any of
them, not inconsistent with this act, shall be in full force, to all
intents and purposes, as if this act had never been passed.