Chap. 457.—An ACT to amend and re-enact an act entitled an act to extend the
limits of, and provide for electing trustees for, the town of Marion, ir
the county of Smyth, and vesting them with certain corporate powers, passec
March 15, 1849, as heretofore amended. [H B 269]

Approved March 24, 1920.

1. Be it enacted by the general assembly of Virginia, That an ac
entitled an act to extend the limits of, and provide for electing trustee:
for, the town of Marion, in the county of Smyth, and vesting them witl
certain corporate powers, passed March fifteenth, eighteen hundrec
and forty-nine, as heretofore amended, be amended and re-enacted s
as to read as follows:

Sec. 1. Be it enacted by the general assembly of Virginia, Tha
the town of Marion, in the county of Smyth, as chartered by act o
assembly, March fifteenth, eighteen hundred and forty-nine, entitle
an act to extend the limits of and provide for electing trustees for th
town of Marion, in the county of Smyth, vesting them with certair
corporate powers, and all acts amendatory thereof, and amendatory
of any acts amendatory thereof, as then extended and as is herein-
after extended, shall continue to be a body politic in the name of the
town of Marion, and as such shall have, exercise and enjoy all the
rights, immunities and powers, and be subject to all the duties now
incumbent on the said town as a body politic; shall have and exercise
all the powers and be subject to all the provisions of the Code of
Virginia of nineteen hundred and nineteen, so far as the same relates
to towns of less than five thousand inhabitants, except so far as may
be herein otherwise provided.

Sec. 2. The boundaries of the town of Marion shall be and remain
as they are now established, except as they may be hereafter changed
in the manner provided by law.

Sec. 3. Administration and government.—1l. The administration
and government of the town shall be vested in one principal officer.
denominated the mayor, and seven councilmen, who shall constitute
the town council, all of whom shall be electors of the town.

2. The electors of the town shall be the actual residents of the
town for six months prior to any election, who are otherwise quali-
fied to vote for members of the general assembly, and have paid their
poll tax as required by law.

3. The municipal officers of the town, in addition to the mavor,
shall consist of a treasurer, sergeant and collector and recorder. |

4. The duties of all municipal officers, except as herein provided.
shall be fixed by the town council, except that all of the said officers
shall be subject to all the duties imposed upon them by general law.
now or hereafter.

5. The compensation of the mayor_and all other municipal officers
shall be fixed by the town council.

6. The town council shall also have the right to appoint and em-
ploy such other officers, sergeants and agents as it may deem proper
for any of the business of the town, and fix their compensation.

7. All officers appointed by the council or elected by the electors
may be removed by the council except that the treasurer, sergeant and
collector and recorder shall not be removed unless and until reason-
able notice shall have been given them of the charges against them.
and they shall be entitled to a public hearing before the council.
Notice may be given by the mayor, or president of the council, to the
officer in writing at least ten days before such hearing. At such hear-
ing evidence may be introduced for and against the removal of such
officer, and if two-thirds of the members elected to the council believe
that such officer should be removed for cause, and shall so vote by
recorded vote on the minute book of the council, the said officer shall
stand removed. Pending such public hearing the officer under charges
may be suspended by the mayor or by the council by a majority vote.

8. If the mayor shall die, or otherwise become incapacitated, or
move away from said town, his place shall be filled by the council.
within thirty days from such time.

9. The council shall have the right to fill any vacancy in anv
office of the town arising from any cause.
1920. | ACTS OF ASSEMBLY. 685

10. Ifa member of the council die, or otherwise become incapaci-
tated, his place shall be filled by the council at its next regular meet-
ing, or at such other meeting as the council may designate.

11. No person shall hold office in the town until he shall have
taken the oath prescribed by the laws of the State of Virginia for such
officers. The oath shall be taken before the clerk of the circuit court
of Smyth county, and a copy thereof delivered to the recorder of the
town, to be filed in the records of the town. If any such officer shall
fail to take such oath, and such failure shall continue for thirty days
after the time he would have taken office, the office shall be declared
vacant, and the council shall, at its next meeting, elect some person
who is qualified to fill the office.

12. If any person shall vacate his office, or be removed therefrom,
or become otherwise disqualified, he shall forthwith deliver all books,
papers, accounts and property of every kind over to the council, and
if he shall fail to do so within ten days after written notification, he
shall be fined not more than five hundred dollars, and the mayor is
authorized to proceed against such officer for the recovery of such
property in the courts of this State by any means by which such prop-
erty can be recovered by an individual.

Sec. 4. Mayor.—l. The mayor of the town shall be elected by the
qualified electors of the town on the second Tuesday in June, nineteen
hundred and twenty, and each two years thereafter.

2. The mayor shall be the chief executive officer of the town, and
it shall be his duty to see that all the by-laws and ordinances of the
town are obeyed and complied with. He shall be ex-officio justice of
the peace for Smyth county, and shall have jurisdiction of all viola-
tions of law in Smyth county and the town of Marion which a justice
of the peace has. For warrants issued by him as mayor or as Justice,
and for trials of civil and criminal cases he shall be allowed fees as
prescribed by general law.

3. He shall not collect any fines imposed by him as mayor, but
the same shall be collected by the sergeant and collector as herein-
after provided. The mayor shall report to each meeting of the coun-
cil an itemized list of all fines imposed by him during the preceding
calendar month.

4. Every ordinance or resolution having the effect of an ordi-
nance, shall, before it becomes operative, be presented to the mayor.
If he approves, he shall sign the same, when it shall become valid.
If he does not approve it, he shall return it to the recorder, who shall
present it to the council at its next meeting, together with the written
objecions of the mayor, when the council shall proceed to reconsider
it. If after such reconsideration, two-thirds of the members elected to
the council shall agree to pass the same, it shall become operative
notwithstanding the veto of the mayor. The said ordinances shall be
presented to the mayor within five days after they shall have been
passed, and if any ordinance shall not be returned by the mayor to the
recorder, Sundays excepted, within five days, it shall become a law in
like manner as if he had signed it.
5. The mayor shall see that the duties of the various officers,
members of the police force, fire department, and other departments
of the town are faithfully carried out.

6. The mayor shall at all times have access to all the books and
records of the town.

7. The mayor shall make such written recommendations to the
town council in regard to the affairs of the town as he may think
proper.

8. The mayor may be removed from office by the town council.
two-thirds of the members elected thereto voting in the affirmative, for
misfeasance, malfeasance, or gross neglect .of his official duty, but he
shall not be removed until notice of the charges against him are given,
and a trial had, as required in article seven of section three of this act.

Sec. 5. Town council—1. The members of the town council shall
be elected on the second Tuesday in June, nineteen hundred and
twenty, and each two years thereafter.

2. The mayor and members of the council shall take office on the
first day of September after their election.

3. The town council, in addition to powers granted it by this act.
shall have all the authority and power, and be subject to all the duties,
imposed by general law.

4. The town council, at its regular meeting in September, of each
second year, shall elect a president of the council to be chosen from
their number, who shall preside over its meetings and be allowed to
vote.

5. The town council shall meet on the first Friday in each month,
unless it shall hereafter by ordinance prescribe otherwise, but a regu-
lar meeting shall be held once in each month.

6. The president of the council, or the mayor, or any three mem-
bers thereof, may call a special meeting at any time. Notice of such
special meetings shall be in writing, and served upon all members of
the council not signing the call. Such service shall be by the sergeant
or recorder, and shall be made as other legal services may be made in
this State. At such meeting no business shall be transacted unless
there are a majority of all the members of the council present, and
then only the particular business for which the meeting was called.

7. No motion to reconsider the vote by which any ordinance was
passed may be entertained by the presiding officer of the council after
the same shall once have been made and defeated, or passed, unless
made by a member voting for such ordinance. No motion to recon-
sider shall be entertained at a special meeting. If a special meeting
has been held, no business shall be transacted at the next regular
meeting until the minutes of such special meeting be read and ap-
»roved.
| 8. Any four councilmen shall constitute a quorum of the council.

9. The council may adopt such rules and procedure for the regu-
lation of their meetings as they may deem proper, but no tax may be
imposed, or debt contracted, or payment of money authorized except
by an affirmative vote of two-thirds of the members recorded on
the journal.
10. A journal of all the proceedings of the council shall be kept,
open at all times to the inspection of any person interested. The said
journal shall be signed by the presiding officer after the same shall
have been approved at the regular meeting of the council, and shall
also be signed by the recorder.

11. If any member of the council shall voluntarily and without
sufficient excuse, absent himself from three consecutive regular meet-
ings of the council, his office shall be declared vacant, and the vacancy
filled by the council at its next regular meeting.

12. The council shall have the custody and control of all the
property of the town, and all the authority now granted, or which may
hereafter be granted councils of towns by the general laws of this
State in regard to the control of the fiscal and municipal affairs of the
town, are granted to the council of the town of Marion.

13. The term of office of the president of the council shall be two
years from the date of his election, and the council may fill a vacancy
in such office when same occurs from any cause.

14. The town council may make ordinances and by-laws for carry-
ing into effect the provisions of this act, may prescribe fines and other
punishments for the violation of any of the ordinances of the town,
may levy and impose privileges and all other kinds of taxes not pro-
hibited by State laws ; may prevent any animals or fowls from running
at large on the streets of the town, and subject such animals to such
confiscations, penalties, et cetera, and impose such fines on the owners
thereof as it may deem proper ; may impose taxés not prohibited by the
general law on any and all animals in the said town; may prohibit
cruelty to animals or fowls, and provide penalties therefor; may re-
strain and punish beggars, peddlers and vagrants; may prevent and
disperse riots, disturbances and unlawful or disorderly assemblages ;
may suppress houses of 11] fame and bowdy houses, and may provide
that upon evidence of general reputation that such houses, or other
places, are used for the purpose of lewdness, the same shall be abated
as nuisances; may punish and prohibit wagering and betting regard-
less of the amount won or lost; may prevent or restrain indecent or
lewd conduct, pictures or exhibitions in the town; may prohibit im-
moral and lewd picture shows, or motion pictures calculated to injure
the morals of the town; may 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; may offer
rewards for the apprehension of persons committing felonies in the
town, not to exceed one hundred dollars in each case; may provide and
open markets, and make rules and regulations governing same,
whether public or private; may provide for the proper weighing and
measuring of hay, ice, coal, grain or other articles for sale in town.
and regulate the transportation thereof through the streets of the
town.

15. The town council mav by ordinance impose punishment for
any offense upon which a punishment is imposed by the State of
Virginia.
16. For violation of any ordinance, the town council may impose
a fine and other punishment or jail sentence, not in excess of the fine.
punishment and jail sentence imposed for a like offense by the State of
Virginia, and in case the offense is not punishable by the State oi
Virginia, then for the purpose of carrying out this act, the council may
prescribe for the punishment of any such offense a fine not exceeding
five hundred dollars or punishment in jail not exceeding twelve
months, or both.

‘17. The town council shall have the power and authority to estab-
lish a chain gang or workhouse and require offenders against town
ordinances to work therein; and may require that when any person is
sentenced to serve a term in jail for the violation of any ordinance.
or to be imprisoned for the non-payment of any fine, he may be re-
quired to work in the chain gang or workhouse or upon the streets,
or other public works of the town.

The jailor of Smyth county is hereby authorized to receive into his
jail, and there keep until released in accordance with law, any person
regularly committed to his jail for the violation of any town ordi-
nance, or to be imprisoned for the non-payment of any fine, penalty
or costs imposed by the mayor of the town or any councilman. The
council shall pay out of the funds of the town to the said jailer such
amounts as he would receive in like cases for State or county pris-
oners.

For each day any person convicted of crime shall work in the
chain gang or workhouse, he shall be entitled to fifty cents as a credit
on any fine imposed upon him, in default of the payment of which he
was committed to jail.

For the purpose of carrying out the foregoing the council mav
employ such officers as it may think proper, and fix their compensa-
tion.

Any person convicted and sentenced to jail for the violation of
any ordinance may be compelled to work on such chain gang, unless
physically disabled, and, if being physically able, he shall refuse to
so work, he may be subjected to such reasonable corporal punishment
as may be prescribed by the town council by ordinance.

18. Every member of the council shall have all the power and
authority of a justice of the peace in the county of Smyth.

{9. The mayor and each member of the council shall have the
right to issue warrants for the violation of all town ordinances, and to
hear and conduct and determine all prosecutions, and impose such
sentences and punishments as may be provided by the ordinances of
the town, and issue executions for the collection of fines.

20. The mayor and each member of the council shall have all
the jurisdiction and powers of a justice in civil matters within the
town of Marion.

21. Appeals may be taken, as provided by general law, from the
judgment of the mayor or any member of the council, in any case.
civil or criminal, to the circuit court of Smyth county.

22. The president of the council shall perform the duties of the
mayor if the latter be absent from the town or otherwise incapacitated.
and if the president of the council be so acting at the time of any
regular meeting of the council, or be absent from said meeting from
any other cause, the council shall elect a president pro tempore to per-
form his duties.

23. The council may elect such committees for the various de-
partments of the town as it may desire from its members. The com-
mittees shall be elected at the regular meeting in September, nineteen
hundred and twenty, and vacancies shall be filled by the council as
they occur.

24. The council shall have the right to regulate the stores and
shops and individual premises, or corporations operating the same
in the town of Marion, offering meat or food stuff for sale; shall
have the right to prohibit the sale or exposure for sale of meat or food
stuff damaged or otherwise unfit for sale or consumption; shall have
the right to regulate the manufacture of ice in the town of Marion
and to provide proper and reasonable regulations for the manufacture
thereof, and shall further have the right to provide that ice manufac-
tured in the town of Marion shall be manufactured from distilled
water only and shall further have the right to require a license from
any person, firm or corporation in the said town manufacturing, selling
or offering for sale ice in the said town, and to prohibit the manu-
facture and sale of the same without license, and shall further have
the right to deny the use of the streets of the town for the purpose
of delivering ice, unless and unttl satisfactory provisions shall have
been given to the council that its requirements as to the manufacture
of the said ice shall have been complied with. No ice shall be shipped
into and sold in the town of Marion that is not manufactured in ac-
cordance with the provisions of this section or any regulations enacted
by the council under this section.

25. The town council shall have the right to prohibit the erection
or maintenance of any hog pen, stable or other undesirable structures
on the streets of the town or in certain localities, which localities shall
be determined by the council. . |

Sec. 6. Sergeant—1. The offices of sergeant and collector shall
be filled by one qualified elector in the town of Marion. The town
sergeant and collector shall be elected by the qualified electors of the
town on the second Tuesday in June, nineteen hundred and twenty,
and each two years thereafter. -His term of office shall begin on the
first day of September, nineteen hundred and twenty, and the first
of September every two years thereafter.

2. The town sergeant and collector shall have all the powers of a
deputy sheriff in the town of Marion and Smyth county, in criminal
matters, and the powers of constable in civil matters in the town of
Marion. The power and authority of the sergeant and collector as a
deputy sheriff shall extend all over the county of Smyth in criminal
matters arising within the town of Marion, or within one mile of
the corporate limits thereof.

3. The town sergeant and collector and all members of the police
force of the said town shall use their best endeavors to prevent the
commission of any crime, violation of State or town law, and detect
and arrest offenders against the same, with or without warrants; to
preserve the good order of the town, and secure the inhabitants thereot
from violence and the property thereof from injury.

4. The sergeant and collector shall perform such other duties as
may be required of him by the council, and his compensation shall
be fixed by the council.

5. If at any time the mayor shall believe that an emergency exists,
or that it is necessary for good order and preservation of the laws
that additional policemen be provided, he shall have the right to fur-
nish and qualify such additional policemen, whose compensation shall
be fixed by the council.

6. The sergeant and collector of the town of Marion shall collect
all fines imposed by the mayor or other officer of the town, and shall
pay the same over to the treasurer on or before the first day of the
months succeeding that in which such fine was inflicted. He shall
also report to the council an itemized list of such fines collected and
turned over to the treasurer at each regular meeting, which list shall
contain all fines paid over to him which were inflicted in the preceding
calendar month. If such sergeant and collector fail to pay over such
fines he shall be charged six per centum interest thereon from the
time he should have paid them over, and if he shall fail to pay over
any amount of fines collected by him, and such failure shall continue
for thirty days after the same should have been paid, he shall be re-
moved from office, If he shall accept security for any fine, he shall
become personally responsible for the same, and pay the same over
to the treasurer on or before the first day of the month next succeed-
ing that in which such fine was imposed.

1. The sergeant and collector shall receive all monies due the
town from every source, and shall collect all property, license and
privilege taxes and assessments which may be assessed by the council,
and such other money due the town as the council may direct, and
perform such other duties as the council may prescribe.

2.’ All monies and revenue due the town and belonging thereto
shall be paid over by the sergeant and collector to the treasurer. Aill
monies collected in any calendar month shall be paid over by the
sergeant and collector to the treasurer on or before the tenth day of
the next succeeding month, to be deposited by the treasurer as pre-
scribed in this act.

3. The sergeant and collector shall report to each regular meeting
of the council the amount of money which he has turned over for the
preceding month to the treasurer. He shall report all collections by
him itemized under general heads, for the preceding calendar month.
and such report shall be entered upon the journal of the council by
the recorder, or he shall state in the journal that such reports were
not made, and for the failure to make such notations on the journal
the recorder shall forfeit to the town the sum of ten dollars for every
such failure, which shall be deducted from his salary.

4. On or before the first day of September of each year, the
sergeant and collector shall make his final settlement, with the council.
for the preceding vear, and he shall submit to the council a state-
ment showing all amounts collected by him during the year, and
the amount on hand at the end of the year, and the amount of delin-
quents and insolvents in his hands under these heads, and shall include
in his statement any other matters required by the council, or the
financial committee thereof.

5. The compensation of the sergeant and collector shall be fixed
by the council. He shall not retain any of his commissions or com-
pensations out of the town funds, but shall pay over to the treasurer,
as provided in this act, the entire amounts collected by him, and his
commissions and compensation as fixed by the council shall be paid
to him only by warrants drawn by the town council herein prescribed,
on the treasurer, and issued as other warrants are issued.

6. The sergeant and collector shall promptly pay over to the
treasurer as provided herein all monies collected by him, and shall
not be interested directly or indirectly in any warrants of the town.
If he shall fail to pay over promptly the money as collected, as re-
quired in this act, and such default shall continue for thirty days
from the time he should have paid the same to the treasurer, he shall,
in addition to other penalties, pay six per centum per month, com-
pounded monthly.

7. The sergeant and collector of the town and his bondsmen shall
be liable to the same penalties and criminal punishment for any wrong-
ful act as provided by the laws of the State of Virginia for county
and city treasurers.

8. It shall be the duty of the mayor to forthwith proceed against
the sergeant and collector in the name of the town of Marion for
any amount he may be in default, upon notice of such default given
him by the council.

9. The sergeant and collector shall commence to receive the town
levies on or before the first day of July of each year, or as soon there-
after as he shall receive copies of the assessments, and the tax tickets
from the recorder, and any person failing to pay any levies on or before
the first day of December for any year, shall be assessed with a pen-
alty of five per centum thereon, and after that time said assessments
may be collected by the sergeant and collector, and it shall be his duty
so to do, by levy, distress or otherwise, as provided by general law.

10. There is hereby granted to the officers of the town of Marion
every remedy for the collection of taxes which is granted to the
counties of the State of Virginia for the collection of similar taxes.

11. When the sergeant and collector is unable to collect said taxes
by any remedy granted him, and has definitely ascertained that they
are uncollectable, he shall, on or before the fifteenth day of June of
each year, make out and file with the council an alphabetical list of
the persons, firms or corporations assessed with such taxes, with such
taxes extended on such list, in like manner as county and city treas-
urers are required to make out such delinquent lists and shall verify
the same by affidavit, and, if the council shall decide that such taxes
are uncollectable, he shall be allowed credit therefor in his settlement
with the council.

12. No sergeant and collector shall succeed himself until he shall
have paid over to the treasurer all monies due from him, and if he
fail so to do, and such failure continue for fifteen days after he would
have taken office, but for this section, the office shall be declared vacant,
and a new election had under the laws of the State, but nothing herein
contained shall be construed as permitting the sergeant and collector to
fail to pay over all revenue promptly as collected.

Sec. 8. Recorder.—l.- The recorder of the town shall be elected
by the qualified electors of the town on the second Tuesday in June,
mineteen hundred and twenty, and each two years thereafter. His tenn
of ofhce shall be for two years, and shall begin September one, nine-
teen hundred and twenty, and September first, every two years there-
after.

2. The recorder shall keep the journal of the meetings of the town
council, and correctly transcribe the minutes of each meeting, and sign
the same when approved. |

3. He shall also write out every ordinance passed by the council
and deliver the same to the mayor within five days of its passage, and
when returned by the mayor to him, shall, if the same be approved.
record it in the minutes of the meeting at which it was passed, and
note the approval of the mayor; if the same be disapproved by the
mayor, and returned to him, he shall transmit the ordinance, and the
written disapproval of the mayor, to the council at its next meeting:
and if the mayor fail to return said ordinance to him within five days
after he shall have received it, the recorder shall report that fact to the
council.

4. The recorder shall keep the seal of the town, and attach the
same whenever so directed by the council. He shall further be the
custodian of the ordinances and by-laws of the council, and perform
such other duties as may be required of him by the council.

5. Immediately after every meeting of the council he shall trans-
mit to the treasurer a list of all monies directed to be paid by the
council, and to whom payable; shall make out all warrants on the
treasurer, and attest the same, and deliver same to the chairman of
the finance committee of the town for his approval and signature, and
when so signed and approved, deliver same to the party to whom pay-
able, when requested, or in the most convenient way.

6. The recorder shall perform all duties in relation to the assess-
ment of property in the town for the purpose of laying the taxes and
levies; shall see to it. that all persons, firms and corporations charge-
able with a license tax are assessed with such license tax, and shal
perform such other duties in relation to the assessment of taxes as ma}
be required by the council.

For the performance of his duties, the recorder is vested with all
the rights, power and authority that county commissioners of the reve-
nue are vested with, and such interrogatories as he may propounc
to any person in regard to any property or privilege tax assessment
shall be answered under oath, and any applicant for license, or the
owner of any property who shall refuse to answer under oath shal!
be fined not less than five nor more than five hundred dollars fo:
each offense.
7. The recorder shall keep his books, assessments, schedules and
records open to the inspection of any taxpayer in the town, and of
the mayor, or any member of the council, or any committee thereof,
and shall make such reports to the council as it may request.

8. He shall make out all tax tickets in the said town, and license
taxes, and other taxes, and deliver the same to the finance committee
of the council, who shall check same with the assessments, and deliver
same to the sergeant and collector for collection, taking his receipt
therefor. The council may require that all assessments shall be made
in duplicate by the recorder, and one copy delivered to the sergeant and
collector and one to the council.

Sec. 9. Treasurer—1. The treasurer of the town of Marion
shall be elected by the council at its regular meeting in September, nine-
teen hundred and twenty, and at the regular meeting every two years
thereafter; his term of office shall be for two years, and shall begin
on the first day of September, nineteen hundred and twenty, and every
two years thereafter.

2. The treasurer shall receive all money collected by the sergeant
and collector, and all such money shall be deposited by him in deposi-
tories provided by the council on its journal. Such money shall be
dleposited to the credit of the “town of Marion,” and the fund to which
deposited designated, and shall only be paid out on checks drawn by
the treasurer on such funds signed ‘‘town of Marion, by treasurer.”

3. No check shall be given on such funds by the treasurer unless
and until a warrant shall have been drawn on him for same on order
of the council, signed by the chairman of the finance committee and
countersigned by the recorder.

4. All monies received on special assessments for special purposes
shall be deposited and held as a special fund, to be used exclusively
for the purpose for which collected, and none other, and the treasurer
is prohibited from paying out the same for any other purpose what-
soever.

5. The treasurer shall report to each regular meeting of the coun-
cil the amount on deposit to the order of the town, to what funds
deposited, and what warrants are outstanding and unpaid against same.
He shall also report all collections made by him from the sergeant and
collector during the preceding calendar month, and the fact that he
did or did not make such report shall be entered upon the journal by
the recorder at each regular meeting of the council, and for the failure
to make such entry on the record, the recorder shall forfeit to the
town the sum of ten dollars for every such failure, which shall be
deducted from his salary.

6. On or before the first day of September of each year, the treas-
urer shall make his final settlement with the council for the preceding
year, which statement shall be as follows:

First: (a) Cash on hand at the beginning of the year, and in
what depository deposited.

(b) Cash revenue received during the year, itemized under gen-
eral heads the sources from which received.
(c) Expenditures actually made during the year, showing unde:
general heads the purposes for which expended.

(d) Cash balance on hand at the end of the year, showing in
what depositories deposited.

(e) Accounts approved and allowed by the council outstanding
and unpaid at the beginning of the year. _

(f£) Accounts approved and allowed by the council outstanding
and unpaid at the end of the year.

Second: (a) Revenue due and unpaid to the town at the begin-
ning of the year, showing under general heads from what sources
accruing.

(b) Revenue assessed or otherwise accruing to the town during
the year, showing under general’ heads from what sources accruing.

(c) Revenue collected during the year, under general heads.

(d) Levies, licenses, water taxes, et cetera, returned delinquent
during the year, under separate heads.

(e) Revenue due and unpaid at the end of the year, under gen-
eral heads. ,

Third: (a) The known indebtedness of the town, bonded and
otherwise.

(b) The amount of the sinking fund, and where deposited.

(c) That all interest on town bonds has been paid.

The council may prescribe additional matters to be included in such
statement, and the treasurer shall include them.

7. Said statement shall be published at least once in a newspaper
published in the town of Marion.

8. The treasurer shall keep the account books of the town. Such
books shall be kept posted up to date, showing accurate and detailed
statements of all money collected, and a separate statement of each
fund, and each payment therefrom and addition thereto. They shal
show the purpose of each payment of public money, and all other ac-
counts necessary to show a full, complete, itemized and detailed state-
ment of all the financial affairs of the town.

9. The treasurer shall promptly deposit to the credit of the towr
all monies collected by him, and shall not be interested directly o1
indirectly in any warrant of the town, it being understood, however
that this section, or any similar section, does not apply to any com:
pensation due the treasurer or sergeant and collector, or any warran
which shall be taken by the treasurer or sergeant and collector fron
any person for the payment of town taxes. If the treasurer shall fai
to deposit such money as paid to him by the sergeant and collector, anc
such default shall continue for thirty days from the time he should have
deposited the same, he shall, in addition to other penalties, pay interes
thereon at the rate of six per centum per month, compounded monthly

The compensation of the treasurer shall be fixed by the council, anc
he and his bondsmen shall be liable for the wrongful acts of the treas
urer, as is provided by the laws of the State of Virginia, and it shal
be the duty of the mayor to forthwith proceed against the treasure
in the name of the town of Marion for any amount he may be 11
default, upon notice of such default given him by the council.
10. After the sergeant and collector shall have turned over to the
treasurer the list of delinquents and insolvents, as provided for herein,
the treasurer shall then comply with the provisions of chapter one hun-
dred and seventy-five of the acts of the general assembly of Virginia,
nineteen hundred and fourteen, and all of the provisions of said act
shall apply to the town of Marion.

11. The depositories designated by the town council shall have the
right to pay checks drawn in the name of the town by the treasurer,
upon the funds deposited in such depositories.

12. Every officers of the town, who has the custody of any funds
belonging to the town, before entering on his office, shall execute a bond
approved by the council, in such amount as the council may prescribe,
conditioned upon the proper perfomance of his duties.

13. No warrant shall be paid by the treasurer unless and until the
sergeant and collector is satisfied that the payee of said warrant is not
indebted to the town.

Sec. 10. Finances.—1. For the execution of their powers and
duties, the town council shall have the authority to raise annually by
taxes, levies and assessments on real estate and tangible personal prop-
erty in said town, such sums of money as they may deem necessary for
the purposes of the town, and in such manner as they may deem
expedient in accordance with the provisions of this act and the general
laws of this State and the United States.

The town council shall, at its first regular meeting in September
in each year, or as soon thereafter as may be, make up an account of
all sums necessary for the proper management and expenses of the
town for the year, and shall enter the same upon the journal, showing
under general heads for what purposes the said funds will be needed,
and shall order and make a town levy of so much as in their opinion
is necessary to be raised by a levy on real estate and tangible personal
property, in addition to what may be received from licenses and other
sources, provided, that the said levy shall not exceed two per centum
of the assessed value of said real estate and tangible personal property.

The levy so ordered may be made on all or any of the following
subjects of taxation:

(a) Any real estate and tangible personal property in the town,
not specifically exempt from municipal taxation.

(b) Any other subject of taxation upon which a municipal cor-
poration may levy a tax.

2. The town council may exempt from municipal taxation any
bond or other certificate of indebtedness of the town.

3. Where under a State law, a municipal corporation is limited
to any certain rate on any class of property the council may not im-
pose a greater rate on that class.

4. The council may order the recorder to assess all taxable prop-
erty in the town at its true market value, provided that no property
shall be assessed at a higher valuation than the same is assessed for
county or State taxation, but in the absence of such order, the recorder
shall adopt the assessment of the commissioner of the revenue for
Marion district in Smyth county as the assessment of the town, except
that any omitted property shall be assessed by the recorder.

5. The town council may require a license tax for anything for
which a State license tax is required, and for which under the general
laws of the State a license tax may be required by a city or town an!
in addition thereto, within the limitations imposed by the Constitution
and laws of this State and of the United States, the council may im-
pose a license tax on any business or thing carried on or done in the
town, whether a license tax is required therefor by the State or not.

6. Within the limitations prescribed by the laws of this State and
of the United States, the town may impose a license tax on any per-
son, firm or corporation doing business in the town of Marion, whether
the principal office of such corporation is located in the town or not.
and upon the agent of any oil, fertilizer, laundry or other busines:
doing business in the town, whether the principal office of said business
be in the town.of Marion or not, and may impose a license tax upon
any stock or security salesman, or salesman selling real estate, no mat-
ter where the principal office of the corporation whose stock or security
is being sold, or the real estate, is located.

7. The town council shall have the right to refuse to issue license
to any person for any business or occupation, if in its opinion such
business or occupation is carried on in such manner as to be inimical
to the public welfare. After being refused license the applicant shall
have the right to appear before the council at its next regular meeting.
and make further application therefor, and unless good cause be shown
against the issuance of the license the same shall be issued; that is.
unless it be shown to the satisfaction of the council that the business
or occupation is being conducted in a manner inimical to the public
welfare.

No license to sell strong or spirituous liquors, wine, beer, ale or
porter, or intoxicating drinks, or intoxicating bitters or mixtures
thereof, within said town or within two miles of its boundary, shall
be granted by any person or persons having authority to grant licenses.
unless the party applying therefor shall produce to such person or
persons a petition signed by two-thirds of the registered voters of said
town, and the certificate of the council of said town of its unanimous
consent to the granting of such license. The council may require from
persons so licensed a bond, with sureties, payable to the said town, in
such penalties and with such conditions as it may think proper, and
may revoke such license at any time if the conditions of said bond
be broken.

8. The council may require a license for the operation or running
of wheeled vehicles of all kinds, however pulled, pushed or propelled.
and no such vehicle shall be operated or run over the streets of the
town until the required license shall have been paid, whether the said
vehicle has paid a State license or not. The town council may refuse
to issue license to any applicant under this section if, in its judgment.
such vehicle is being pushed, pulled or other wise propelled and
yperated in a dangerous manner, or inimical to the public welfare, and
may revoke any license already issued-if it shall belteve that such
vehicle is being operated in a dangerous manner, or in a manner inimi-
cal to the public welfare. In all such cases the applicant, or the person
whose license is revoked shall have the right to apply for said license,
or a renewal thereof, at the next regular meeting of the council, and
unless it be shown to the satisfaction of the council that the vehicle
was, or is, used, propelled and operated in such a manner, the license
shall be renewed or granted. The council may also require a license
from any person operating such vehicle, and may revoke same when
granted or refuse to issue same, if it is believed that such person is
not properly equipped to manage or propel or operate said vehicle, or
that the same has been operated or propelled in a dangerous manner,
or in a manner inimical to the public welfare. The council may further
require that persons under the age of fourteen years shall not operate
or drive any motor vehicle, operated by steam, gas, electricity, or other-
wise, on the streets of the town. To carry into effect this section, the
council may make any such ordinances, rules and regulations as to it
may seem proper, not im conflict with this section, or the laws of this
State.

9. The council may prescribe the license vear, and provide when
the same may be collected.

10. If any license be revoked by the council, the unearned portion
thereof shall be returned to the person, firm or corporation whose
license 1s so revoked.

11. The recorder shall assess all licenses, and deliver the same to
the sergeant and collector at the time directed by the council, and at
the same time shall make out all license tax tickets, and deliver same
to the sergeant and collector. He shall further, at the next regular meet-
ing of the council, deliver to it a true copy, verified by affidavit, of all
license taxes assessed by him, which shall be kept by the records of the
council,

12. The council shall have the right to provide for the removal
by the town of garbage, manure and other refuse, and to fix and col-
lect charges therefor, and provide penalties for the non-payment
thereof.

13. The council shall have the right to levy and collect a license
for all vehicles operated for hire in the town, either by the year or
any portion thereof.

14. The town council shall have the right, power and authority.
without reference to a vote of the people, to issue certificates of in-
dlebtedness or other obligations of the town, issued in anticipation of
the revenue of the town for the then current year; provided that such
certificates or other obligations mature within one year from the date
when issued, and within the term of office of the council issuing same,
and do not exceed in amount thirty-three and one-third per centum of
the revenue for the then current year, and such obligations shall be
paid when due, and that after the same become due, no warrants of
the town shall issue until the obligation be paid in full, except to
liquidate the same, or to pay the principal or interest on the bonded
indebtedness of the town.
15. The town council shall have the power and authority. with-
out reference to a vote of the people, to provide by ordinance for the
issuance of new bonds for the redemption and liquidation of any
lawfully issued bonds, when they fall due, become subject to call, or
for any other reason may be retired. Said new bonds shall not exceed
the amount they are issued to pay or retire, may be coupon or regis-
tered, and shall not bear interest at more than six per centum per
year, and shall not run for more than thirty years from date, and
shall not be sold for less than par. They may be in such denominations
as the council may direct. The proceeds thereof shall not be used
for any other purpose than to pay or retire, refund or otherwise redeem
the outstanding bonds which may then be due, subject to call, or may
otherwise be retired. Such bonds shall be payable in lawful money
of the United States, and a sinking fund shall be created and main-
tained sufficient to pay the interest on the said bonds, and the pmin-
cipal thereof at maturity, and said sinking fund shall be kept separate
from any fund of the town in a separate account in an approved
depository, and shall, under no circumstances, be used for any other
purpose except to retire the bonds for which it was created and main-
tained. If any officer of the town shall order or otherwise advocate
any other use of said fund, he shall, upon proof thereof, be forthwith
removed from office.

16. All bonds shall be issued on order of the council, duly re-
corded in the journal, and shall be signed by the mayor, and counter-
signed by the recorder, and the corporate seal of the town shall be
afhixed thereto.

17. The town council shall levy a separate tax on real estate
and tangible personal property to create the said sinking fund to pay
the principal and interest of the said bonds.

Sec. 11. Water, et cetera—1l1. The town of Marion shall have
the right to acquire, operate, construct, maintain and keep water works.
sewers, gas and electric plants, and any other plants or property
which towns have the right to conduct, maintain, acquire, operate and
construct under the general laws of this State.

2. The town shall have the right to furnish such water. gas.
et cetera, to inhabitants of the town of Marion, and to persons, firms
and corporations within the corporate limits of the said town.

3. The town shall further have the right to furnish such water.
gas, et cetera, to persons, firms and corporations outside of the cor-
porate limits of the town of Marion, provided any such person, firm
or corporation shall pay rates to be fixed by the town council, which
rates shall be not less than twice the rates charged for similar service
in the town.

4. The town shall not be required to furnish any such service
unless the same be paid for in advance, or unless a meter is installed.
and no such service shall be furnished unless the same be paid for in
advance.

5. For the purpose of furnishing such water, et cetera, the app!-
cant must, at his own expense, connect with the already constnucted
water or other systems of the town, and after such connection the same
shall belong to the town, so far as it extends over the public streets
and alleys of the town.

6. Such connection shall be made by the applicant under the
supervision and direction of the proper officers of the town, and the
town shall not furnish any such water, et cetera, unless and until such
connection is made in the form and manner, with the materials, and
under the direction and supervision of the proper officers of the town.
No such connection shall be made until the town has properly installed.
a cut-off for each applicant.

7. The council of the town may, or may not, however, provide
that the town will, at its own expense, furnish a portion of said con-
nection.

8. The town council may refuse to furnish, or to continue to
furnish water, except for domestic purposes exclusively, to any person,
firm or corporation, when it shall determine that such service con-
stitutes such a use and consumption of the town water, et cetera, as
to injure, decrease or materially impair the volume of the water neces-
sary for the proper supply of the persons, firms and corporations
already receiving their supply of water, et cetera, from the town, and
at any time may refuse to supply water, et cetera, except for domestic
purposes, to any person, firm or corporation for any reason, by a two-
thirds vote of the council.

9. No water, et cetera, shall be furnished to any person, firm or
corporation, until the applicant shall have signed a written contract
therefor, which contract shall not run for more than one year at a
time, and no use of the water of the town without a written contract
shall be construed as an implied contract on the part of the town to
furnish such water, et cetera, but the user shall immediately, upon
notice, cease to use said water, and the same may be disconnected
by the town without notice unless and until a contract 1s signed, and
no acquiescence in the use of said water by the town shall constitute
any contract on its part, nor prohibit the town from immediately
disconnecting said water until and unless a new contract is signed.
The town council shall have the right to provide by ordinance that
any person using water without such written contract or using water
wastefully shall be punished by fine not exceeding one hundred dollars.

10. No person, firm or corporation, living or located outside the
corporate limits of the town, shall be furnished with water, et cetera,
by the town, if it is shown to the council there is not a sufficient
amount of water to properly supply the town, the inhabitants thereof,
for domestic purposes any factories or enterprises, railroads, et cetera,
located therein.

11. There shall be no liability on the part of the town for the
failure to supply water at any time, for any reason, even though con-
tracts may have been signed therefor, over and above the amount
stated in the contract to be paid for the use of such water, and such
amount shall be considered as liquidated damages for the failure to
supply any such water. a

12. For the purposes of properly conducting its water works,
and other public works, the council may employ such officers, agents,
et cetera, as it may deem necessary, and fix the compensation of the
same; may promulgate and establish such rules and regulations in
regard to the use and maintenance of such water, water systems and
public works as it thinks best; may fix the rates for the use of water.
et cetera, from its works, and provide for the collection of the same.
except that they shall be collected by the town collector; may change
and alter the rates at any time, without notice; and the council shall
be the sole judge of the rates to be charged for such service; and the
council 1s granted all the powers which a municipal corporation has ir
the operation of its public works.

13. All monies derived from water rents, rates, et cetera, shall be
collected and handled by the collector as other monies of the town are
handled, and shall be subject to the control of the council. .

14. The town may maintain, operate and construct sewers and
sewerage systems, and charge for connection therewith, and the use
thereof such rates as the council may deem proper, and may change
the same from time to time. The council may establish and promul-
gate any rules and regulations in regard to the connection, or con-
tinued use thereof as it may deem proper; may refuse any connection.
and disconnect the same if for any reason the connection, or continued
use thereof, becomes inimical to the public welfare, or detrimental tc
the sewerage system, or if the charges therefor be unpaid, and the
council shall be the sole judge when the same is to be disconnected or
when connection is to be refused.

The said charges and rates shall be collected as other town monie:
are collected.

Sec. 12. Streets, et cetera—1. ‘The town of Marion shall con.
stitute a separate road district and no property in the town shall be
liable for any assessment for road purposes in the county of Smyth

All streets and alleys, established or now used as such by the
public in the town of Marion, or which may hereafter be purchaser
or otherwise acquired by the town council, shall be, and they are
hereby established as the public streets and alleys of the town ©
Marion.

2. The town council of the town of Marion shall have the contro
of all the streets and allevs of the town of Marion, and shall have th
right to acquire by purchase or otherwise additional streets or allev
when deemed for the interests of the town or the inhabitants thereot
The town council is granted the right to open, alter, widen, close
maintain and keep in repair the streets and alleys of the town: an
in case it shall deem it advisable to open, establish, widen or alter an:
strect or allev of the town. and is unable to agree with the owner o
anv land or other property to be taken upon a price therefor, or dam
ages thereto, it is granted the right of eminent domain to acquire th
same; the condemnation proceedings to be instituted on the order «
the council, by the mayor, in the circuit court of Smyth county. an
to conform to the laws of Virginia in regard to the acquisition «
property by eminent domain, by persons, firms and corporations er
titled under the laws of this State to so acquire property for its use:
3. The town council shall have the right to acquire by purchase or
otherwise parks, playgrounds, sites for buildings, buildings, et cetera,
deemed necessary by it for the use of the town, and also to sell and
convey any of the property of the town, the deed therefor to be
executed on order of the council, and signed by the mayor, and the cor-
porate seal attached, attested by the recorder.

4. The town council shall have the right to make and enforce
ordinances to secure the safe and expeditious use of the streets and
alleys of the town, to regulate traffic thereon, and for the protection
of persons and property thereon or near thereto.

5. In every case where a street or alley shall have been encroached
on or upon by a fence, porch, building, projection or otherwise, in
addition to being a nuisance, as it is hereby declared, and subject to
an abatement, it shall be the duty of the town council to require the
owner or owners, if known, or if unknown, the occupant of the prem-
ises, to remove the same within a reasonable time, such time to be
stated by the council, and if such removal be not made within the time
required, the council shall cause the encroachment to be removed, and
collect from the owner all reasonable charges therefor, by the same
process as it is empowered to collect taxes. No encroachment on any
street or alley shall constitute an adverse possession against the town.

6. The town council shall have the right to impose taxes and
assessments upon the abutting landowners for making and improving
the sidewalks upon streets abutting on their property, and for im-
proving and paving the streets abutting upon their property, and to
collect the same as other taxes are collected, the said assessment, how-
ever, not to exceed one-half of the cost of making and improving such
sidewalks, to be paid by the respective abutting property owners in
proportion to the length of the frontage of their land abutting on
such sidewalks, and one-half of the cost of improving and paving
such streets, one-fourth of the total cost to be paid by the respective
abutting property owners on each side of such street, in proportion
to the frontage of each.

7. No person shall use the streets or alleys of the town in a man-
ner not permitted to the general public, except by consent of the
mayor, and the approval of a majority of the council, without having
obtained a franchise therefor, and the council may prescribe the
penalty for so doing.

8. The council shall have the right, in certain localities and upon
certain streets, to prescribe and locate building lines, and regulate
the height and construction of buildings and require building permits
for the regulation of the same; and to make regulations regarding the
building and construction of houses in the town. e

9. The town of Marion shall constitute a separate road district
for the county of Smyth, and no property in the town of Marion, or
which is properly assessable therein, shall be taxed by the county of
Smyth for the construction or maintenance of any roads in the county
of Smyth outside of the corporate limits of the town of Marton.
Sec. 13. Fire department—1l. The town council shall have the
right to establish and maintain a fire department, and to make all rule:
and regulations for the establishment and maintenance thereof, anc
the purchase of equipment, as may be necessary in the judgment of the
council, and shall also have the right to make contributions from the
funds of the town for the assistance and maintenance and equipment
of volunteer fire departments. The council may make ordinances and
regulations in regard to the prevention and extinguishment of fires.
and for the conduct of persons in attendance upon the same.

2. The mayor, or any member of the council, in the case of an
emergency demanding the destruction of a building or other property
in order to prevent the spread of fires, may order the said buildings
or other property to be removed, pulled down or destroyed, and for
this purpose may requisition assistance from any person present. The
owner of the property so destroyed shall be entitled to recover from
the town any damage he may have sustained, limited to the actual
value of the property destroyed, provided no person shall receive com-
pensation for any property which would have been destroyed if it
had not been so pulled down or destroyed, but only for that portion
thereof which could have been saved by ordinary care and diligence.

3. The town council shall have the right to guard against danger
of accidents by fire, and may from time to time designate such por-
tions or parts of the town as they may deem proper within which
buildings of wood may not be erected. They may prohibit the erection
of wooden buildings in any portion of the town without their consent.
and may provide that in certain squares, or in certain sections of the
town, no buildings or additions thereto shall be built of any material
except stone and mortar, concrete, or brick and mortar, and if any
such building is erected in violation of any such ordinance, may re-
quire the same to be torn down, and assess the costs thereof agatnst
the owner, as other taxes are assessed, and collected the same as
taxes are collected.

4. The council may at any time prohibit the sale of firearms in
the town, or regulate the same, and prohibit the storing and keeping
for sale of inflammable substances or explosives, and regulate the
storing and sale of the same, and regulate the use of fireworks, and
restrict the making of bonfires.

5. No wooden building, or any building which shall be constructed
of any material except stone and mortar, concrete, or brick and mortar,
shall be constructed within the following prescribed limits of the town
of Marion, to-wit: Between North and South alleys, extending from
Sheffey street to the bridge over Staley’s creek at the Marion hardware
company.

Sec’ 14. Schools——1. The school board of the town of Marion
shall be elected by the town council as provided by general law.

2. It shall be the duty of the said school board at the time pre-
scribed by statute to make up an,estimate of the total amount neces-
sarv for the proper maintenance of the schools of the town of Marion
for the succeeding year, and shall present the same to the county
school board of the county of Smyth, and shall also deposit a copy
of the same with the town council.

3. The county school board shall also report on or before the
first day of July of each year, an itemized list of receipts and dis-
bursements made by it during the preceding school year, showing
receipts from State, county and municipal funds with an itemized list
of disbursements, and shall be required to publish said itemized re-
port in a newspaper or newspapers published in the town of Marion,
Virginia.

4. The county school board of the county of Smyth shall appor-
tion to the town of Marion as its proportion of the county school
funds that amount of money which shall have been paid in by receipts
and property located within the town of Marion to such county school
fund. |

General provisions.—1. All ordinances now in force in the town
of Marion, not inconsistent with this act, shall be and remain in force
until amended or repealed by the council.

2. The revenue of the town shall be collected and assessed unt]
August thirty-first, nineteen hundred and twenty, as at present, when
the outgoing officers, shall make settlement with the council. All
provisions contained herein which are or may be in conflict of the
general laws of the Commonwealth are to be null and void.

3. All acts and parts of acts in conflict with this act are hereby
repealed.