Chap. 101.—An ACT to re-amend and re-enact all acts creating and am®
charter of the town of Waynesboro, known since consolidation with Baa
as Waynesboro-Basic, and to provide a charter for the town of WaynesbdP?v;
the name of said town being hereby changed to Waynesboro. [H B 118]

Approved March 6, 1924,

1. Be it enacted by the general assembly of Virginia, That, all acts
creating and amending the charter of the town of Waynesboro, adopted
upon the consolidation of the towns of Waynesboro and Basic City as
and for the charter of the consolidated municipality under the name of
Waynesboro-Basic, as provided in the ordinance of consolidation, passed
at an election held August seventh, nineteen hundred and twenty-three,
in both of the said towns, pursuant to an act of the general assembly of
Virginia, in such cases made and provided, which consolidation is hereby
confirmed, be and the same are hereby amended and re-enacted to read
as follows:
Section 1. That the inhabitants of the territory in the county of
Augusta contained within the boundaries prescribed and defined in the
section immediately following, be, and they are hereby declared to be,
a body, politic, and corporate, in fact and in name, under the name and
style of the town of Waynesboro; and as such shall have and exercise
all the powers conferred by and be subject to all the laws of the State
of Virginia now in force or that may hereafter be enacted for the govern-
ment of towns, so far as the same are not inconsistent with the provisions
of this act.

CHAPTER I.—CORPORATE BOUNDARIES.

Section 2. The territory contained within the limits of the said
town shall be as follows, to-wit:

Beginning at a point on the southern boundary of the right of way of
the Chesapeake and Ohio Railway, east of South river, said point being
six thousand seven hundred and eighty-five feet from the intersection of
said right of way and South river, measured on said right of way; thence
south, sixty-four degrees west, seven hundred and eighty-four feet,
north, seventy-three degrees forty-five minutes west, two thousand nine
hundred and five feet, north, forty-three degrees forty-five minutes west,
eight hundred and fifty-three feet, crossing the Shenandoah Valley rail-
way at two hundred feet, to a stake; thence north fifty-five degrees
fifteen minutes west, four hundred and ninety-five feet, to a point in the
middle of South river; thence along the middle of said river, with the
meanderings thereof south to the intersection of Fifth street (as desig-
nated upon the plat of the Waynesboro Company), with said river;
thence along Fifth street to its point of intersection with Locust avenue
(as designated on the map of the Waynesboro Company); thence with
the line of said Locust avenue north to Second street; thence north to
Sycamore alley, at its point of intersection with Plumb’s alley; thence
along said alley north across Main street, and out by the old Waynes-
boro creamery to the intersection at Hippert’s with the New Hope road;
thence northeast across the Albert Bush lot to the northern boundary
line of the Chesapeake and Ohio Railway Company’s right of way;
thence in a westerly direction along the northern boundary of the nght
of way of the Chesapeake and Ohio railway, a distance of feet,
to the eastern boundary of the New Hope and Waynesboro public road;
thence along the eastern boundary of said road, in a northerly direction,
to the property of the James Bush heirs; thence north, sixty-four de-
grees ten minutes east, one hundred and seventy-three and one-fourth
poles; thence north, seventy-two degrees ten minutes east, one hundred
and twenty-one poles and fourteen links; thence north forty-eight de-
grees east ten poles; thence south sixty-seven degrees east thirty-three
poles and eleven links; thence south, forty-six degrees twenty-five min-
utes east, seventy-two and three-fifths poles, to the middle of South
river; thence down the middle of South river, by its several courses, to
& point opposite the corner of the land lately owned by Jacob Coiner
with the land lately owned by Jonathan Coiner; thence to said corner;
thence south, fifty-nine degrees ten minutes east, two hundred and
eighty-five poles, crossing the Shenandoah Valley railway, to the corner

of the land lately owned by Geo. K. Coiner; thence south, twenty-nine
and a half degrees west, one hundred and six poles and two links; thence
south, sixty degrees forty-eight minutes east, fifty-seven poles; thence
south, forty-three degrees twenty-eight minutes west, ninety-nine and
four-fifths poles; thence south, forty-seven degrees thirty-eight minutes
west, fifty-four and three-fifths poles; thence south, fifty-four degrees
thirty-eight minutes west, seventy-two and one-sixth poles; thence, by
a straight line, to the point of beginning—it being the intention.and pur-
of this description to take in and include all of the territory em-
braced within the corporate limits of the towns of Waynesboro and Basic
City as they existed at the time of consolidation of the said two towns.
Section 3. The said town shall be divided into two wards and that
area, within the corporate limits, as they now exist, or may hereafter be
enlarged, diminished or altered, which before consolidation was known
as Basic City, shall be designated the East Ward, and that area em-
braced within the corporate limits as they now exist, or may be hereafter
enlarged, diminished or altered which before consolidation was known
as Waynesboro, shall be designated the West Ward.

CHAPTER II.—GOVERNMENT.

Section 4. The government of the town of Waynesboro shall be
vested in a mayor and council.

Section 5. The municipal officers of the said town shall consist of a
mayor, six councilmen, a treasurer, two justices of the peace, and a ser-
geant.

Section 6. The mayor, councilmen, treasurer, sergeant and two
justices of the peace shall be elected by the qualified voters on the second
Tuesday in June, nineteen hundred and twenty-four, for a term of two
years and every two years thereafter, and their term of office shall begin
on the first day of September next ensuing, and they shall hold office
until their successors shall have qualified.

Section 7. No person shall be eligible to hold an elective office un-
less he is a duly qualified voter of the said town.

Section 8. The elective offices of the said town shall be filled by the
qualified voters voting thereon at large.

Section 9. The qualified voters shall register and vote in the wards
in which they reside, and there shall be two voting places in the said
town, one in the East ward and one in the West ward. One registrar
shall be appointed for each ward.

Section 10. The council may also appoint such other officers, agents,
and employees as may be necessary to conduct the business of the town,
fix their compensation and prescribe their duties, and may appoint such
committees of the council, and create such boards and departments of
town government and administration, with such duties and powers
and subject to such regulations as it may see fit, consistent with the pro-
visions of this act. The terms of all officers, agents, and employees ap-
pointed or employed by the council, unless sooner removed from office as
provided for herein, shall expire with the council. The duties and com-
pensation of all municipal officers, except as herein defined or provided
for, shall be defined and prescribed by the town council.
Section 11. In addition to the power to appoint such officers as are
herein expressly mentioned, the town council shall have the power and
authority ta appoint a health officer, fire engineer and wardens, a com-
missioner of streets and public works, and such officers and employees
as the council may deem proper, and any committees of the council, any
municipal board, the mayor of the town and any head of a department
of the town government may appoint such officers and employees as the
town council may determine. The duties and compensation of such
officers and employees shall be fixed by the council, except so far as the
council may authorize such duties to be fixed by such committee or other
appointing power, and may require of any of the officers and employees
so appointed bonds with sureties in proper penalty, payable to the town
in its corporate name, with provisions for the faithful performance of
said duties, and the town in its name and for its benefit shall have the
same remedies in the event of default on any bond so given, as the State
has in like cases.

Section 12. All officers, agents, and employees appointed by the
council of the town may be removed at its pleasure, and where appoint-
ment is made by a committee or board, by a vote of such committee or
board, or where such appointment is made by the mayor or head of a
department, such removal may be made by order of the mayor or head
of the department.

CHAPTER III].—OATH OF MAYOR, COUNCILMEN, ETC.

Section 13. The mayor, the justices of the peace, and the town ser-
geant shall take the oath prescribed by law for all State officers, and the
councilmen and all other officers shall take an oath faithfully to execute
the duties of their respective offices to the best of their judgment.

Section 14. The court or person administering the oaths required
by the preceding section shall make duplicate certificates of the oaths
taken by the mayor, justices of the peace, and town sergeant, and the
person taking the same shall deliver the certificates to the clerk of the
council who shall file all of the certificates among the records of the said
town, and shall deliver the copy of the oath of the mayor, justices of the
peace, and town sergeant to the clerk of the circuit court of Augusta
county, to be by him filed and preserved.

Section 15. If any person elected or appointed to any office in the
said town shall neglect to take such oath on or before the date on which
he is to enter upon the discharge of the duties of his office, or shall for
twenty days after the beginning of his term of office, fail to file such
bond with security as may be required of him by the council of the said
town, he shall be considered as having declined said office, and the same
shall be deemed vacant, and such vacancy shall be filled as prescribed
in this charter or by the general laws of this State.

CHAPTER IV.—RECORDS, BOOKS, ETC.

Section 16. If any person having been an officer, agent, or employee
of the said town shall not within ten days after he shall have vacated,
or been removed from office, and upon notification or request of the
clerk of the council, or within such time thereafter as the council may
allow, deliver over to his successor in office, or the clerk of the council,
all property, books and papers belonging to the town, or appertaining
to such office in his possession or under his control, he shall forfeit and
pay to the town the sum not exceeding five hundred dollars, to be sued
for and recovered by the said town, with costs; and all books, records
and documents used in any office by virtue of any provision of this act,
or any ordinance or order of the town council, or any superior officer of
the said town, shall be deemed the property of said town, appertaining to
said office, and the chief officer thereof shall be held responsible therefor.

CHAPTER V.—MAYOR.

Section 17. The mayor shall be elected by the qualified voters of
the town for a term of two years.

Section 18. His salary shall be fixed by the town council and shall
not be diminished during his term of office.

Section 19. The mayor shall by virtue of his office possess all the
power, authority and jurisdiction of a justice of the peace in civil and
criminal matters within the county of Augusta and the said town. All
fees allowed the mayor under the general laws of this State for the is-
suance of warrants, trial of cases, etc., shall be collected as other costs
are collected and turned into the treasury of the town.

Section 20. The mayor shall be the chief executive officer of the
town. He shall have power to try all prosecutions, cases and contro-
versies which arise under the by-laws and ordinances of the town, and
inflict such punishments as are provided by law; provided, however, the
mayor may procure and authorize the several justices of the peace of
the town, or either of them, to hear and determine prosecutions, cases
and controversies arising under such of the ordinances as he may elect,
and the decisions rendered by them or either of them shall be as valid
and binding to all intents and purposes:as if tried and determined by
the said mayor in person as such mayor.

Section 21. He may impose fines and inflict punishment when and
wherever they are authorized by ordinances, or under general law; issue
executions for the collection of said fines,and may upon the failure of
the offender to pay the fine or penalty recovered with costs, order the
offender to be confined in the jail of Augusta county, or the prison of
the said town.

Section 22. Appeals may be taken to the circuit court of Augusta
county from the decision of the mayor, in both civil and criminal matters,
in the same manner and upon the same terms and be tried in the same
way as appeals from the decision of a justice are taken, and in like cases,
except that no appeal shall be granted from a decision imposing a fine
for violation of any of the ordinances of the said town, for offences not
made criminal by the common law or the statutes of Virginia, until and
after bond be given by the person so fined with security approved con-
ditioned to pay all fines, costs and damages that may be awarded by the
said court on appeal, the penalty of said bond to be double the sum suffi-
cient to pay all such fines, costs and damages. Should the decision be
afirmed in whole or in part, the said court shall enter judgment against
the said principal and surety for the amount so affirmed with costs, and
the costs of the appeal, and execution shall issue thereon in the name of
the town against both principal and surety.

Section 23. The mayor shall see that the by-laws and ordinances of
the town are fully executed and enforced, and shall preside over the meet-
ings of the town council, voting only in case of a tie.

Section 24. Every ordinance or resolution having the effect of an
ordinance shall before it becomes operative be presented to the mayor.
If he approve he shall sign it, but if not, he may return it to the clerk
of the council with his objection, or objections, and the council shall
enter the same at length on its journal and proceed to reconsider it. If
after such reconsideration, two-thirds of all the members elected to the
council shall agree to pass the ordinance Or resolution, it shall become
operative, notwithstanding the objections of the mayor. If any ordi-
nance or resolution shall not be returned within five days (Sundays ex-
cepted), after it shall have been presented to him, it shall become oper-
ative 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 shall
have the power to veto any particular item or items of any appropriation
ordinance or resolution, but such veto shall not effect 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.

Section 25. The mayor shall see that the duties of the various town
officers, agents, employees, members of the police force, and fire depart-
ment, whether elected, or appointed, are faithfully performed. He
shall have power to investigate their accounts, have access to all their
books and documents in their office, and may examine them or their
subordinates on oath, but the evidence given by persons so examined
shalf not be used against them in any criminal proceeding.

Section 26. The mayor shall have power to remove any officer ap-
pointed by him, and to suspend any municipal officer, agent or employee,
other than the councilmen, whether elected by the people or appointed
by the council, or any appointing power designated by the council, for
misconduct in office, inefficiency or neglect of duty, to be specified in the
order of suspension.

Section 27. Of the suspension of any officer not appointed by the
mayor, the mayor shall report the same to the town council at their next
stated mecting for their consideration, but in no case shall the suspension
or removal by the mayor of any officer not appointed by him be binding
until ratified by the council by a two-thirds vote of all the members
elected thereto, after reasonable notice to the officer complained of, and
an opportunity be afforded him to be heard in his defense.

Section 28. The mavor shall communicate to the town council an-
nually at the beginning of each fiscal year, or oftener if he be required
by the council. a general statement of the condition of the town In rela-
tion to its government, finances, and improvement, with such recom-
mendations as he may deem proper, and may from time to time com-
munieate with the council such suggestions and recommendations as he
shall deem proper.
Section 29. In case of the absence, illness, or inability of the mayor,
the president pro tempore, who shall be chosen by a majority of the
council at its first meeting in September for a term of two years, or in
his absence or inability, some other member of the council chosen by the
majority of the council present at a regular meeting, shall possess the
same power and discharge the municipal duties of the mayor during
such absence, illness or inability; and when so discharging the municipal
duties of the mayor during his absence, illness or inability, the said
president pro tempore, or in the case of his inability, the other member
of the council so chosen for the purpose, shall receive a reasonable com-
pensation to be fixed and allowed by the town council.

Section 30. In case a vacancy shall occur in the office of mayor, the
vacancy shall be filled by appointment by the town council of any one eligi-
ble to such office. |

Section 31. The mayor shall have power to call a meeting of the
council whenever he deems it necessary, and in case of the absence, in-
ability, or refusal of the mayor, the council may be convened by the order
of any two memLers thereof.

CHAPTER VI.—COUNCIL.

Section 32. The town council, in addition to the mayor, shall be
composed of six members, three members of which shall be residents: of
the East ward and three members thereof shall be residents of the West
ward, and they shall be elected by popular vote of the qualified electors
of the town. The addition to, alteration or diminution of the area of
either of the said wards shall not increase or diminish the number of
councilmen from the said wards.

Section 33. The town council shall by ordinance fix the time of their
stated meetings, and they shall meet at least once a month, and no busi-
ness shall be transacted at a special meeting thereof, except that for
which it shall be called, unless all members of the council be present.

Section 34. Four members of the council, of whom for the purpose
of constituting a quorum the mayor shall be counted as one, shall con-
stitute a quorum for the transaction of business. No vote shall be re-
considered or rescinded at a special meeting unless at such special meet-
ing there be as large a number of members of the council present as were
present when such vote was taken.

Section 35. The meetings of the council shall be presided over by
the mayor, or in his absence or inability to act, the president pro tem-
pore, or in his absence, or inability, some other member of the council
chosen by a majority of that body.

Section 36. The meetings of the town council shall be open to the
public except when by a recorded vote of two-thirds of those members
present shall declare that the public welfare requires secrecy.

Section 37. The town council shall have authority to adopt rules
for the regulation of their proceedings, and appoint such officers, agents,
committees, and employees as they may deem proper; to compel the
attendance of absent members; to punish its members for disorderly
behavior and by a vote of two-thirds of the whole council to expel a
member for malfeasance or misfeasance in office.
Section 38. A journal or minute book shall be kent of the proceed-
ings of the town council, and, at the request of any member present, the
yeas and nays shall be recorded on any question. At the next meeting
the proceedings shall be read and signed by the person who was presid-
ing when the previous meeting adjourned; or if he be not then present by
the person presiding when they were read.

Section 39. The clerk of the council shall keep the said journal and
shall record the proceedings of the council at large thereon, and keep the
Same properly indexed.

Section 40. The town council shall judge of the election, qualifica-
tion and returns of its members.

Section 41. The regular attendance of all members elected to the
council is desirable, and in the event a member so elected to the said
council is absent, without good cause, from any regular or stated meet-
ing, twice in succession, his seat shall automatically become vacant, and
the same shall be filled as hereinafter provided.

Section 42. All vacancies occurring from any cause whatsoever in
the office of mayor, councilman, or any other office, whether filled by
appointment or by election, shall be filled for the unexpired term by the
council.

Section 43. The council shall have power to suspend and remove all
officers and employees, whether elected or appointed, for misfeasance,
malfeasance, inefficiency, or neglect of duty, to be specified in the order
of ‘suspension or removal, but no such removal shall be made without
reasonable notice given to the person so suspended, or removed, and an
opportunity afforded for a defense thereto; and no removal of any town
officer, agent, or employee, other than an officer appointed by the mayor,
shall be final until the same shall be ratified by a two-thirds vote of the
town council.

Section 44. The town council shall have all powers and authority
that is now or may hereafter be granted to councils of towns by the
general laws of this State and by this act; and the recital of special
powers and authorities herein shall not be taken to exclude the exercise
of any power and authority granted by the general laws of this State to
town councils, but not herein specified.

Section 45. And the said council shall have power to enact ordi-
nances providing for the exercise within its jurisdiction of all police
powers which the State itself may exercise under the circumstances, ex-
cept such as may be specifically denied towns by the acts of the general
assembly.

Section 46. And it shall have the further power to control and
manage the fiscal and municipal affairs of the town and all property,
real and personal, belonging to the said town, and may make such ordi-
nances, orders and resolutions relating to the same as it may deem proper
and necessary.

And it shall have the further power—

1. To purchase, hold, sell, and convey all real and personal property
within or without the corporate limits necessary for its uses and pur-

oses.
° 2. To acquire by purchase, condemnation or otherwise, or to con-
struct or lease and operate its own plant, factory and equipment for
supplying its inhabitants, streets, grounds, and buildings with water,
light, power, fuel, and sewerage, and to that end it may acquire by pur-
chase or lease any plant existing in or near the town and may acquire
lands and franchise outside of the limits of the said town, and may by
purchase, condemnation or otherwise acquire easements and rights of
way.

3. To purchase, condemn, or otherwise acquire one or more loca-
tions for a site for fire engine houses, stables, town buildings, parks,
play grounds, and for all municipal uses and purposes, within or without
the town.

4. Toclose, extend, widen, or narrow, straighten, lay out, graduate,
curb, and pave, and otherwise improve the streets, sidewalks, roads and
public alleys in the town, and have them kept in good order and properly
lighted, and to require the payment, by the property owner, benefited
by such works or improvements of such property, of the cost as shall
not exceed five per centum of the assessed value of said property, and
to make such item a lien upon their real estate, and collectible in the
same manner as is herein provided, and also as provided by the general
laws of the State for the collection of taxes generally, and over any street
or alley in the town which has been or may be ceded to the said town,
or conveyed to the town by proper deed, they shall have like power and
authority as over other'streets and alleys. They may build bridges over
and culverts under the streets, and may prevent and remove any struc-
ture, obstruction or encroachment over or under or in any street, side-
walk, or alley in the said town, and may permit shade trees to be planted
along said streets, also cut down and remove or may require to be taken
down and removed any shade trees upon any of the streets and alleys
of the said town; but no company, firm, corporation and individual
shall occupy with its or his works or appurtenances thereof the streets,
sidewalks and alleys of the town, without the consent of the council duly
entered of record, and whenever in the construction of any sewer, con-
duit or public improvements, it is necessary that the same shall run
through or under private property, the council shall have authority to
contract and agree with the owner thereof for the use and purchase of
the right of way or other easement, in, through, or under the same, or
have the same condemned according to law.

5. To require the owners of real estate abutting upon paved or
granolithic sidewalks to remove the snow therefrom, to prevent skating
or riding of bicycles thereon, and of all other improper uses thereof, and
to punish such violation by fine.

6. To prevent the cumbering of streets, sidewalks, alleys, roads,
lanes, avenues, or bridges in the town in any manner whatsoever, and
to have full and complete control thereof.

7. Todetermine, restrain and regulate the use and speed of bicycles,
motorcycles, traction engines, locomotives, engines, cars, automobiles,
and all other vehicles upon the said streets, roads and alleys of the said
town; or regulate the speed of locomotives or trains, and require flagmen
at dangerous railroad crossings within the town.

8. To secure the inhabitants of the said town from contagious, in-
fectious, or other dangerous diseases; to establish, erect, and regulate
hospitals within or without the said town, and to prescribe all proper
quarantine regulations; to provide for and enforce the removal of patients

to the said hospitals; to appoint and regulate a board of health for said

town, prescribe its duties and invest said board with police authority

a with full power for the prompt and efficient performance of its
utiles.

9. To require and compel the abatement of all nuisances, and the
removal thereof within the town at the expense of the person or persons
causing the same, or the owner or owners of the ground whereupon the
same may be.

10. To require and compel the owners of the houses in the town, or
if the owners be unknown or absent, the occupants of such houses, to
connect their water closets and water drains with the sewers of the town,
or otherwise comply with such regulations as to sewers and nuisances as
the council may prescribe, and upon failure so to do the same may be
done by the town, by entering upon the premises, if necessary, and the
cost attending same shall be collected from the owner and occupant of
such houses, as taxes are herein in this charter allowed to be collected
by the town.

11. To direct the location of all buildings for storing gunpowder,
fire crackers, or other works manufactured or prepared therefrom, kero-
sene oil, nitroglycerine, camphene, burning fluid, or other combustible
material; to regulate and restrain the exhibition and use of fire works,
fire crackers, the discharge of fire arms, the use of candles or lights in
barns, stables, and other buildings; and to regulate and restrain the mak-
ing of bonfires in the streets, alleys, roads and premises in the said town.

12. To prevent horses, cattle, hogs, dogs, cats, chickens and all
other poultry and animals from running at large in the said town, and
may subject the same to confiscation, regulation and taxes as may be
deemed proper; provided, however, within six years from the seventh
day of August, nineteen hundred and twenty-three, the council of the
said town shall not have authority and power to prohibit cows from
running at large in that portion of the territory embraced in the boun-
dary of the said town formerly designated as Basic City; and the town
council may prohibit the raising and keeping of hogs in the town or in
any part therof, or if permitted, may regulate the same.

13. To prevent the riding and driving of horses or animals at an
improper speed, throwing stones, or engaging in any employment or
sports on the streets, sidewalks, roads or public alleys dangerous to or
annoying to pedestrians; and to prohibit and punish cruel treatment of
horses and other animals in the said town.

14. To protect the person and property of the inhabitants of the
town, and others within the town, to restrain and punish drunkards,
vagrants, idlers, and street beggars, to prevent vice and immorality,
obscenity, profanity, abusive language, and gambling, to preserve peace
and good order; to prevent and quell riots, disturbances and disorderly
assemblies; to suppress houses of ill-fame and gambling houses; to pre-
vent lewd, indecent, and disorderly conduct, or exhibits on the said
town, and to expel therefrom persons guilty of such conduct; to prevent
the coming into town of persons having no ostensible means of support
and persons who may be dangerous to the peace and safety of the town
and compel such persons to leave the town if they have been in the town
not more than six months before the order is given.
15. To punish any husband who shall without just cause desert and
wilfully neglect or refuse to provide for the support and maintenance of
his wife, or any parent who shall desert or wilfully neglect or refuse to
provide for the support and maintenance of his or her child or children,
under the age of sixteen years, she and they being then and there in
destitute or necessitous circumstances in the said town; or any child
over the age of sixteen years and under the age of twenty-one years,
physically fit, who fails or refused to contribute towards the support of
any parent, the said parent being then and there in destitute or necessi-
tous circumstances.

16. To make and enforce ordinances to secure the safe and expedi-
tious use of streets, roads, and alleys of the said town; to regulate all
manner of traffic thereon, and for the protection of persons and property
thereon or near thereto.

17. To establish and maintain parks, playgrounds, and boulevards,
and cause the same to be laid out, equipped and beautified; to give names
to or alter the names of streets, and fix building lines.

18. To lay off public grounds and provide, acquire, erect, and keep
in order all buildings proper for the town.

19. To prohibit and punish for mischievous, wanton or malicious
damage to school and public property as well as private property.

20. To prohibit and punish minors from frequenting, playing in or
loitering in any public pool room, billiard parlor or ten pin alley and to
punish any proprietor or agent thereof for permitting same.

21. To prohibit and punish the dumping of refuse, waste, garbage,
dead animals and fowls into the river and streams within the town, and
to restrict the dumping of garbage to such places as the council may
designate and to punish all who fail to comply with such rules and regu-
lations as to garbage disposal. .

22. To provide a prison house and work house and employ man-
agers, physicians, nurses and servants for the same, and prescribe regu-
lations for the government and discipline of persons therein.

23. To authorize and regulate the erection of party walls and fences
and prescribe how the cost thereof shall be borne by coterminous owners;
and to prohibit and punish trespassing upon private property within the
town.

24. To regulate and control auction sales, livery stables, garages,
barber shops, slaughter houses, soap factories, 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 businesses, occupa-
tions and employments, and as to such trades, occupations, and employ-
ments and of any other of like nature, or not, may grant or refuse license
as it may deem proper.

25. To compel persons sentenced to confinement in jail for petty
larceny, or other misdemeanor, or other violation of town ordinances, to
work on the public streets of the said town.

26. To provide for the regular and safe construction of houses in
the town for the future, to require the standard of dwelling houses be
maintained in residential sections in keeping with the majority of
residences therein.
27. To designate and prescribe from time to time, the part of the
town within which no buildings of wood shall be erected, and to regulate
the construction of buildings in the town, so as to protect it against
danger of fire; to remove or require to be removed any building, structure
or addition thereto, which by reason of dilapidation, defect of structure,
fire, or other cause may become dangerous to life or property, and also
refuse a permit to repair any such building or structure.

28. To prevent injury or annoyance of anything dangerous, offen-
sive or unhealthy.

29. To provide by regular ordinances what are nuisances; to cause
the abatement of any nuisance so declared to be by the general laws of
this State, or the regular ordinance of the town.

30. To provide for the weighing of hay, fodder, oats, grains, shucks,
and other forage, ice, coal, and live stock, and the measurement of wood
and lumber.

31. To provide in or near the town 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; and
to provide for the perpetual upkeep and care of any plot or burial lot
therein, the town is authorized to take and receive sums of money by
gift, bequest, or otherwise, to be kept invested, and the income thereof
used in and about the perpetual upkeep and care of the said lot or plot,
for which the said donation, gift, or bequest shall have been made. —

32. To offer and pay rewards for the apprehension of criminals.

33. To control, regulate, limit, and restrict the operation of motor
vehicles carrying passengers for hire, upon the streets and alleys of the
town, to require a bond with satisfactory surety thereon of the owner of
every motor vehicle so used, conditioned to satisfy all damages caused
to any person, or property, in the negligent operation of such motor ve-
hicle, or adequate insurance, to require the annual registration of each
and every motor vehicle so used and a license tax to be paid thereon, to
require all drivers of such motor vehicles, whether owners or not, to ob-
tain permits from the mayor and council before operating any such motor
vehicle carrying passengers for hire upon the said streets and alleys, to
refuse permits to so operate any motor vehicle to any person who is not
of good character, reputation, physically fit, capable, competent, of
sufficient age and discretion, or who is addicted to the use of intoxicating
liquors or narcotics, to revoke any permit issued to any person for good
cause and after a hearing thereon; or, a franchise may be granted for
the transportation of passengers by motor vehicles for hire upon the
said streets and alleys, to be advertised and sold as provided for by the
Constitution and the laws of this State, subject nevertheless to such
rules, regulations, restrictions, and limitations and upon such conditions,
not in conflict with the Constitution, as the council may determine.
But nothing in this section shall be construed to be in conflict with the
general State law on motor vehicle carriers.

34. To pass all resolutions and ordinances not repugnant to the
Constitution and the laws of the State, or in conflict with this act,
which it may deem necessary for the good order and government of the
said town, the management of its property, the conduct of its affairs,
the peace, comfort, convenience, order, morals, health and protection
of its citizens or 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 the said town or in the council, or the officers
thereof, or which may be necessarily incident to a municipal corporation.

CHAPTER VII.—USE OF STREETS, ETC.

47. Nostreet, gas, railway, water, steam, or electric heating, electric
light, or power company, compressed air, viaduct, conduit, telegraph,
telephone, or bridge company, firm, or corporation, association, persons
or partnership, engaged in these or like enterprises shall be permitted
to use the streets, roads, alleys or public grounds of the town without
the previous consent of the corporate authority of the town.

48. No person or corporation shall occupy or use any of the streets,
avenues, parks, bridges, boulevards, alleys or any other public place or
public property of the town, or any public easement of the town of any
description in a manner not permitted to the general public, without
having first obtained the consent thereto of the town council, or a fran-
chise therefor, and any person upon conviction of so doing before the
mayor shall be fined not less than five dollars, nor more than fifty dol-
lars, each day’s continuance thereof to be a separate offense, such fine
to be recovered in the name of the town and for its use, and such oc-
cupancy shall be deemed a nuisance, and the mayor shall have power
to cause the said nuisance to be abated, and to commit the offenders
and all their agents and employees engaged in such ‘offense to the town
prison until such order shall be obeyed.

49. In every case when a street of said town has been, or shall be
encroached upon by any fence, building, porch, projections or otherwise,
the town council may require the owner if known, or if unknown, the
occupant, to remove the same, and if such removal be not made within
the time prescribed by the council they may impose a penalty of not ex-
ceeding twenty-five dollars for each and every day it is allowed to con-
tinue thereafter, and may cause the encroachment to be removed and
collect from the owner, or if the owner be unknown, from the occupant
of the premises, a reasonable charge therefor, with costs, by the same
procedure as they are hereinafter empowered to collect taxes. No en-
croachment upon any street of the said town, however long the same shall
have been or may be continued, shall constitute an adverse possession
to, or confer any rights upon the person claiming thereunder, as against
the town. ]

50. The fact of consolidation of the towns of Waynesboro and Basic
City pursuant to law into one municipality shall not be construed to
extend any franchise of any person, firm, or corporation into the area.
into which said franchise or right did not extend prior to consolidation,
and the extension of any franchise or the giving and granting thereof
shall be controlled and governed by the general laws of the State.
51. The town council shall have the power and authority to appoint
a chief of police, and such additional police officers as it may deem neces-
sary or proper. Until the town council shall appoint a chief of police,
the town sergeant shall perform the duties of such office.

52. The town council shall prescribe rules and regulations for the
government of the police department, prescribe uniforms and badges of
the officers therefor, and fix their rate of pay, and in addition thereto,
the mayor, or in his absence, the president pro tempore of the council,
or in the absence of both, any councilman shall have the power and author-
ity, whenever the regular police force of the town is, in the judgment of
such person, deemed inadequate to meet the needs of the occasion, to
appoint and swear in such additional or special policemen as he may
deem requisite, for a term of service not to exceed ten days, and at such
compensation as the council may fix for special policemen, or, if no
compensation be fixed by the council, then at the same compensation
per day paid regular police officers of the regular police force. The duties
and powers of such special policemen shall be the same as that of a
private on the regular police force.

53. 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 ordinances of the town. They shall also perform such other
duties as the council may prescribe. For the purpose of enabling them
to execute their duties and powers, any policeman is hereby made a
conservator of the peace, and endowed with all the powers of the con-
stable in criminal cases, and all other powers which under the laws of
the State may be necessary to enable him to discharge the duties of his
office. |

54. The officers and privates of the police force of the town shall be
vested with all the powers and authority which belong to the office of a
constable at common law in taking cognizance of and enforcing the crim-
inal laws of the Commonwealth of Virginia, and the ordinances and regu-
lations of the town respectively; and it shall be the duty of each and
everyone of such policemen to use his best endeavor to prevent the com-
mitment within the said town of offenses against the laws of the Com-
monwealth, and against the ordinances and regulations of the town, to
observe and enforce all such laws, ordinances, and regulations, to detect
and arrest offenders against the same, to preserve the good order of the
town, and secure the inhabitants thereof from violence, and the prop-
erty therein from injury.

55. The policemen of the town, other than the sergeant, shall have
no power or authority in civil matters, but they shall in all other cases
execute such warrants or summons as may be placed in their hands by
the mayor of said town, or properly constituted authority, and shall
make due return thereof.

CHAPTER IX.—FIRE DEPARTMENT.

56. The town council shall have the power and authority to estab-
lish and maintain a fire department for the town, and all power necessary
for the government, management, maintenance, equipment, and direc-
tion of such fire department, and the premises, property and equipment
thereof. The council may make ordinances as it may deem proper for
the prevention of fires, the construction of flues, chimneys, and stove
pipes, and the extinguishment of fires; for the regulation of the conduct
of persons in attendance at fires in relation to the powers and duties of
the officers and men of the fire department; to require citizens to render
assistance to the fire department in case of need, and in relation to the
acquisition, use, maintenance, and preservation of real estate, personal
property, fire apparatus and equipment necessary or proper for the use
of the fire department.

57. The town council may in their discretion authorize or require
the fire department to render aid in case of fire occurring beyond the
limits of the town, and may prescribe the conditions under which aid
may be rendered.

CHAPTER X.—DEDICATION OF STREETS, ETC.

58. All streets, cross-streets, roadways, alleys, avenues, and walk-
ways which have already been laid off and opened according to plats of
the several subdivisions of the town as now constituted, not heretofore
ehanged, closed, or altered by the municipal authorities, and all streets,
cross-streets, avenues and alleys, lanes and walkways which have hereto-
fore been opened and used as such, or which may at any time be located,
surveyed and opened in the said town, or any extension of the same
within the corporate limits of the town, shall be and they are hereby
established as public streets, avenues, lanes and walkways of the town.

59. Any street, alley, avenue or walkway heretofore or hereafter
reserved or laid out in the division or subdivision into lots of any portion
of the terrtory within the corporate limits of the town as now consti-
tuted by a plan or plat of record, not altered, closed, or vacated by the
municipal authorities, or otherwise as provided by law, shall be deemed
and held to be dedicated to public use as and for a public street, avenue,
alley or walkway, as the case may be, of the town, unless it appears by
the said record that the street, avenue, alley or walkway so reserved is
designated for private use, and whenever any street, alley, avenue, walk-
way or lane in the town shall have been opened and used as such by the
public for a period of five years, the same shall thereby become a street,
avenue, alley, walkway, or lane for public use, unless notice of the con-
trary intention on the part of the land owner be given in writing to the
mayor of the town, who shall report the receipt of such notice to the
council that it may be spread on the journal; and the council shall have
the same authority and jurisdiction over, and right and interest therein,
as they have by law over the streets, avenues, walkways and lanes laid
out by them; and all streets, avenues, alleys and walkways hereafter
laid out in the division or subdivision into lots of any portion of the
territory within the corporate limits of the town shall be made to conform
to existing streets, avenues, alleys and walkways, both in width and their
courses and direction.

60. The town shall repair, maintain, and keep in good order the
public streets and roads within the corporate limits of the town, and if
the said town so keeps in order, repairs and maintains, the public roads
and streets, within the said corporate limits, no road tax shall be levied
therein by the county of Augusta, or any subdivision thereof; and the
inhabitants of the town and all taxable property, personal and real,
within the corporate limits of the town shall be exempt from all assess-
ments and levies imposed by the authorities of the county of Augusta or
South river magisterial district thereof, for the construction, repair or
maintenance of roads lying outside of the corporate limits of the said
town.

CHAPTER XI.—TREASURER.

61. The treasurer of the said town shall be elected for a term of two
years, at the time the mayor and council are elected, and shall collect
and receive all. money belonging to the town, and shall perform such
other duties as are prescribed by the council. He shall keep his office at
some convenient place in the town, provided by the town council. He
shall keep his books and accounts in such manner as the town council
may prescribe, and such books and accounts shall always be subject to
the inspection of the mayor and council, or any committee or committees
of the council. He shall receive for his services such compensation,
either in fees or salary, as the town council may from time to time allow,
and when such compensation has been fixed by the council, the same
shall not be diminished during the term of his office.

62. No money shall be paid out by the town treasurer except by
order of the council and upon a warrant of the clerk of the council,
countersigned by the mayor, except as hereinafter provided.

63. The town treasurer or his deputy duly appointed by the council
and qualified, or by order of the council of the said town, the town ser-.
geant, or any other person appointed by the town council shall collect
all the taxes, revenues and assessments, which may be levied by the said
town council, and for this purpose the said treasurer or other person
appointed by the town council as aforesaid, shall be vested with power
and be subject to liabilities and penalties now prescribed by law in
regard to the county treasurers of the State of Virginia in the levying and
collection of taxes, and said officers or persons appointed as aforesaid to
collect said taxes, revenues, and assessments, shall have full power to
levy on property and sell the same for the payment of such tax, as the
said county treasurers of the State of Virginia are now empowered by
law to do, and such sales shall be made upon the notice and in such man-
ner aS now prescribed by law in sales of personal property for State
taxes; and any person so appointed shall give bond and receive such
compensation as said council shall direct.

64. The treasurer shall be required to keep all money in his hands
belonging to the town in such place or places of deposit as the town
council by ordinance may provide or direct, and all school funds received
by him shall be kept separate and apart from the general fund of the
town, subject to be checked out by the school board.

65. The treasurer shall report to each stated meeting of the council
the amount of cash then on deposit to the order of the town, and in
what depositories deposited, and shall annually at the end of each fiscal
year publish, either in the newspapers or by posting in front of the treas-
urer’s office, a statement showing all the receipts and income of the said
town and from what sources, and all disbursements made and for what
purpose.

66. The treasurer shall execute bond with satisfactory surety, pay-
able to the town for the faithful performance of all duties of his office,
and to account for all money coming into his hands.

CHAPTER XII.—CLERK OF THE COUNCIL.

67. The treasurer shall also be clerk of the council. He shall at-
tend the meetings of the council and keep the record of its proceedings;
he shall have the custody of the corporate seal; he shall keep all the
papers that, by the provisions of this act, or the direction of the council,
are required to be filed with or kept by him; he shall give notice to all
parties presenting communications or petitions to the town council of
the final action of the council on such communication or petition; he
shall publish such reports and ordinances as the council is required to
publish, and such other reports and ordinances as it may direct, and shall,
in general, perform such other acts and duties as the council may from
time to time prescribe and require of him. He shall receive such com-
pensation as the council may direct.

CHAPTER XIII.—SERGEANT.

68. The town council shall have the power and authority to pre-
scribe for the town sergeant such general and other duties as it may see
fit, and shall fix his compensation, and in all civil and criminal cases
arising under the State laws, the sergeant shall receive the same fees
as are provided by law for constables, and in all cases arising under the
town ordinances where not otherwise provided, he shall receive the same
fees as constables receive in similar cases arising under the State laws.

69. The town sergeant shall perform the duties, receive the com-
pensation and be subject to the liabilities prescribed by this act, the
ordinances, by-laws and regulations of the town council, and by the laws
of this State, and also shall have the powers and discharge the same
duties as constables within the corporate limits of the town, and be sub-
ject to the same liability touching all process lawfully directed to him,
as constables are subject to under the laws of this State.

70. The sergeant and the police officers of the town shall have
power to arrest without warrants and carry before the mayor or other
proper authority, to be dealt with according to law, any and all persons
who shall violate any ordinance of the town or law of the State in their
presence, and it shall be their duty to swear out warrants of arrest for
any person or persons where they have reason to believe any offense has
been committed.

71. The sergeant shall be collector of all fines and penalties imposed
for the violation of town ordinances, by-laws, rules and regulations, and
of delinquent town levies, and of all tax tickets declared delinquent by
the town council, and allowed the treasurer in his settlement with the
town council, shall be turned over to the sergeant to collect, and for that
purpose he shall have all the power and authority and be subject to the
same liabilities and penalties as are prescribed for county treasurers in
the collection of State taxes and county levies, and may be proceeded
against in the same manner, so far as applicable.

72. The sergeant shall pay over to the treasurer monthly or oftener
if he thinks proper all money which comes into his hands for taxes, or
levies, or otherwise, belonging to the town.

73. He shall be required to give bond with satisfactory surety,
payable to the said town for the faithful performance and discharge of
all of his duties as sergeant, and to faithfully account for all money
coming into his hands by virtue of his office.

CHAPTER XIV.—JUSTICES OF THE PEACE.

74. There shall be elected by the qualified voters of the town on the
second Tuesday in June, nineteen hundred and twenty-four, and every
two years thereafter, two justices of the peace, for the town, one of whom
shall be a resident of the East ward and the other of the West ward.

75. The said justices shall be conservators of the peace within the
corporate limits of the town and within one mile beyond the corporate
limits thereof, and within such prescribed limits shall possess the juris-
diction and exercise the powers conferred upon justices of the peace
under the laws of the Commonwealth of Virginia. They shall have no
jurisdiction to try prosecutions, controversies and cases arising under
the ordinances and by-laws of the town unless the mayor procures and
authorizes them, or either of them, so to do, thereupon decisions rendered
by the said justices, or either of them, shall be as valid and binding as
if rendered by the mayor, and appeals shall lie from their decisions, or
the decisions of either of them, when rendered under the ordinances upon
the same terms, conditions and in like manner as from the mayor.

75-A. On and after September the first, nineteen hundred and
twenty-four, the justices for South river district of Augusta county or
any trial justice now or hereafter provided for the said county, shall have
no jurisdiction, civil or criminal, in controversies and cases arising
within the corporate limits of the town, and the voters of the said town
shall not participate in the election of justices of the said district or any
trial justice of said county.

CHAPTER XV.—TOWN ASSESSOR.

76. The town assessor shall be appointed by the council for a term
of two years, and he shall perform all the duties in relation to the assess-
ment of property for the purpose of levying the town taxes or levies,
shall see to it that all persons, firms and corporations chargeable with a
town license tax are assessed with such license tax; tax all dogs within
the corporate limits which are assessed for taxation, and shall perform
such other duties in relation to the assessment of property and other sub-
jects of taxation as may be ordered by the town council.

77. For the performance of his duties, the assessor of the town shall
be vested with all the power and authority that county commissioners of
revenue are vested with under the general laws of the State of Virginia,
and shall have the power and authority to propound interrogatories to
any person subject to taxation, and may use such other evidence as he
may be in position to procure; such interrogatories shall be answered
under oath and any applicant refusing to answer such interrogatories
under oath, shall be fined not less than five dollars, nor more than one
hundred dollars, for each offense.

78. It shall be the duty of the assessor to assess for taxation all
persons and property subject to town taxation, whether the same shall
have been omitted from the assessment of the commissioner of revenue
for Augusta county or not.

79. All books, schedules and records, and papers pertaining to the
office of assessor shall be open to and subject to the inspection of the
mayor, the members of the town council, or any committee thereof, and
of the collector of town taxes.

80. He shall receive for his services such compensation as the town
council may from time to time prescribe.

CHAPTER XVI.—TAXATION.

81. For the execution of its powers and duties the council may tax
all real and personal property in the town not exempt by law from taxa-
tion; all corporations located in the town or having their principal office
therein and not exempt by law from taxation; all credits due to any
person living in the town; all capital of persons having a place of business
in the town and doing business therein and employed in the said busi-
ness, though the said business may extend beyond the town, provided
that so much of said capital as is invested in real estate or employed in
the manufacture of articles outside the town limits shall not be taxed as
capital; and all stocks in incorporated joint stock companies, doing busi-
ness in the town and by whomsoever owned and not exempt by law from
taxation. Assessments upon stock and bonds shall be according to the
market value thereof. Nothing in this act shall be construed as con-
flicting with the general laws of the State providing for the segregation
or partial segregation of the subjects of taxation.

32. The council may impose a tax of one dollar per annum upon
each resident of the town who has attained the age of twenty-one years,
for school purposes.

83. The council may impose a tax on merchants, commission mer-
chants, auctioneers, manufacturers, traders, lawyers, physicians, den-
tists, brokers, keepers of ordinaries, hotel keepers, boarding house
keepers, keepers of drinking or eating houses, keepers of livery stables,
garages, filling stations, distributors of oils, gasoline and grease, photo-
graphic artists of all kinds, agents of all kinds, excluding the agents of
insurance companies, venders of quack.medicine, public theatricals or
other performances or shows; soda fountains and distributors of soft
drinks; keepers of billiard tables, tenpin alleys, pistol galleries, hawkers,
peddlers, sample merchants, railroad companies, telegraph companies,
telephone companies, gas companies, electric companies, street railway
companies, express companies, contractors, barber shops, and any other
person, firm, corporation, employment, or trade whether of like kind
with any of the foregoing or not, which it may deem proper, whether
such person, firm, corporation, business, employment, or trade 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, em-
ployments, or trades, the council 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, but
the taxes herein authorized shall be subject to the provisions and con-
ditions set forth in this act, but this section shall not render it legal to
conduct within the town any business, calling, or vocation which but for
this section would be illegal.

84. The council may subject any person who without having ob-
tained a license therefor shall do any act or follow any employment or
business in the town for which a license may be required by ordinances,
ua fine or penalty as it is authorized to impose for any violation of its
aws.

85. The town council may exempt from all municipal taxation
bonds and other obligations of indebtedness issued by the town.

86. The council shall have power to fix and collect water rents, and
make proper charges for light and power furnished and provided by the
municipal power plant.

87. The council shall not appropriate any part of any sinking fund
of its accrued interest thereon for any other objects or purposes than
that for which the said sinking fund is collected.

CHAPTER XVII.—TAX LIENS, ETC.

88. There shall be 4 lien on real estate for the town taxes as assessed
thereon from the commencement of the year for which they were as-
sessed. And the town council may, by ordinance, allow and require said
taxes to be paid in two equal installments at such times, and with a
penalty not in excess of ten per centum, as the said council may desig-
nate. The council may require real estate in the town delinquent for
the non-payment of taxes or assessments, to be sold for said taxes and
assessments, with interest thereon from the time the same is delinquent,
at the rate of six per centum per annum, and ten per centum of the
amount of the tax to cover costs and charges, exclusive of costs attend-
ing the redemption thereof, as hereinafter provided, and may cause a
good and sufficient deed to be made to the purchaser.

89. Itshall be the duty of the treasurer of the town to make out and
deliver to the council at their regular meeting in July in each year fol-
lowing the passage of this act, a list of all real estate whereupon delin-
quent taxes or assessments are due and unpaid for the previous year, and
thereupon the treasurer of the town, under the direction of the town
council, and when so ordered by it, shall sell said real estate and shall
cause a notice of the time and place of such sale to be published in*a
newspaper published in the said town, for at least once a week for four
consecutive issues of the said paper or papers, previous to the day of
the sale, and he shall cause to be published, at the same time and for the
same length of time, a list of the several parcels of real estate delinquent
for the non-payment of assessments due and the amount of tax or assess-
ments due on each parcel. :
90. If such tax or assessment and the six per centum interest and
ten per centum costs and charges aforesaid be not paid previous to the
day for which said sale is advertised, or on some day immediately there-
after to which said sale may be adjourned, the treasurer shall proceed to
make sale accordingly of said parcel of real estate, or so much thereof as
shall be necessary to satisfy the taxes, interest and charges aforesaid, to
the highest bidder, and the sale may be adjourned from day to day until
it shall be completed. On such sale the treasurer shall execute to the
purchaser a certificate of sale, in which the property purchased shall be
described and the aggregate amount of tax or assessments with interest
and costs.specified; but the treasurer shall not for himself, whether
directly or indirectly, purchase any real estate so sold.

91. If at any sale no bids shall be made by any person for any such
parcel of land, or such bids shall not be equal to the tax or assessment
with interest and costs thereon, the same may be bid in and purchased
by the treasurer for the said town. On such sale the treasurer shall exe-
cute to the town a certificate of sale in which the property purchased
shall be described and the aggregate amount of taxes or assessments,
with interest and costs specified, and shall deposit such certificates with
the clerk of the council of the town.

92. The treasurer shall, within thirty days after the sales are com-
pleted, make a report of said sales showing parcels of land sold, the date
of sale, the name of the purchaser, and the amount of purchase money
for each lot; this report shall within the time aforesaid be filed with the
clerk of the council and by him recorded in the book kept for the pur-

93. The owner of any real estate so sold, his heirs or assigns, or any
person having the right to charge such real estate for a debt. or other-
wise interested therein may redeem the same by paying the purchaser,
his heirs or assigns, within two years from the sale thereof, the whole
amount paid by such purchaser, and such additional tax thereto as may
have been paid by the purchaser, his heirs and assigns, with interest
thereon, at the rate of six per centum per annum; or, if purchased by the
town with such additional sum as will have accrued for taxes thereon,
if the same had not been purchased by the town, with interest on the
said purchase money, and taxes, at the rate of ten per centum per annum
from the time that the same may have been so paid, or the same may be
paid within the said two years to the said town sergeant in any case in
which the purchaser, his heirs or assigns, may refuse to receive the same
or may not reside or cannot be found in the town.

94. Any infant, insane person or persons in prison whose real estate
may have been so sold, or his heirs, may redeem the same by paying to
the purchaser, his heirs or assigns, within two years from the removal of
their disability the amount for which the same was sold, with the interest
and costs as aforesaid, and such additional taxes on the real estate as
may have been paid by the purchaser, his heirs or assigns, or the ap-
praised value of any improvement that may have been made thereon,
with interest on the said items at the rate of six per centum per annum,
from the time they may have been made. Upon such payment and the
payment of such additional sums as may have been incurred by the pur-
chaser in obtaining a deed within two years after the removal of such
disability the purchaser, his heirs or assigns, shall, at the cost of the
original owner, his heirs or assigns, convey to him or them by deed with
special warranty the real estate so sold.

95. If any real estate so sold be not redeemed within the time
allowed for redemption the purchaser of such real estate or his assigns,
may thereupon petition the mayor and council that the property shall be
conveyed to him, and thereupon, after due notice to the party or parties,
for whose delinquent taxes said real estate was sold, and similar notice
to the owner as shown by the records of the clerk’s office of the circuit
court of Augusta county either by personal service or in the event per-
sonal service cannot be had by reason of non-residence or disability of
any kind, by publication for four consecutive weeks in some newspaper
published in the town, at the expense of the applicant, the said council
shall determine whether all the requirements as to the assessment, the
sale, the purchase, and the period of redemption shall have been com-
plied with; and if upon such inquiry it be ascertained that the same has
been regularly complied with, and that the purchaser or his assigns is
entitled to a conveyance of the said real estate, the council shall direct
the same to be conveyed by the clerk of the council of the town. Where
the purchaser has assigned the benefit of his purchase, the deed may be
with his consent evidenced by his joining therein or by writing annexed
thereto be executed to his assignee. And if the purchaser shall have
died, his heirs or assigns may move the council] to order the clerk of the
council of the town to execute a deed conveying the property to such
heirs or assigns; such inquiry shall be deemed conclusive as to the regu-
larity of all proceedings connected therewith, but nothing contained in
this section shall apply to the real estate purchased by the town at
delinquent tax sales.

96. Any real estate purchased by the town at delinquent tax sales
provided for in this charter, if not redeemed in accordance with the pro-
visions of this charter shall be disposed of by the town in such mode as
the council may prescribe.

97. When the purchaser of any real estate sold for the taxes, his
heirs or assigns, shall have obtained a deed therefor, and within sixty
days from the date of such deed shall have caused same to be recorded,
such estate shall stand vested in the grantee in such deed, and his title
shall not be subject to defeat, except by showing that the real estate was
not subject to the taxes for which it was sold, or that the taxes for the
year for which it had been sold, had been paid.

CHAPTER XVIII.—LOANS, BONDS, ETC.

98. The town council shall have the power and authority, without
reference thereof to a vote of the people to issue certificates of indebted-
ness, bonds, or other obligations issued in anticipation of the collection
of the revenue of the town for the then current year; provided that such
certificates, bonds, or other obligations mature within one year from the
date of their issuance, and be not past due and do not exceed the revenue
for such year.

99. The town council shall have the power and authority, without
reference to a vote of the people, to provide by ordinances for the issu-
ance of new bonds, for the redemption and liquidation of any lawfully
issued bonds, when they fall due, become subject to call, or can for any
reason be refunded or redeemed. Said new bonds shall not exceed in
amount, the original bonds to be redeemed, liquidated, or refunded, may
be registered, serial, or coupon, and shall be sold, at not less than par, to
the highest bidder for cash, provided no such new bonds shall bear a
higher rate of interest than six per centum per annum, and provided
further that the proceeds of the sale of the new bonds so issued shall be
used only in the payment of the old bonds, which are subject to call, re-
demption or can otherwise be refunded or redeemed. Such bonds shall
be payable in lawful money of the United States and a sinking fund
shall be created and maintained sufficient to redeem such bonds at ma-
turity, and shall be applied to such redemption and to no other purpose;
provided, further, such short term notes or obligations of the said town
outstanding at the time this act goes into effect, may likewise be re-
funded into long term bonds under this section.

100. And the council shall have the further power and authority
to borrow money in the name of the town and for its uses and purposes
whenever in the opinion of a majority of its members, ascertained by a
recorded affirmative vote of all of the members elected to the council, it
is to the best interests of the municipality to do so, such borrowed money
to be evidenced by the bonds, notes, or certificates of indebtedness of the
said town duly executed by the mayor thereof and attested by the clerk
of the council, but the amount of the indebtedness of the town at any
one time including the existing indebtedness shall not exceed eighteen
per centum of the assessed valuation of the real estate therein, subject
to taxation as shown by the last preceding assessment. The classes of
debts mentioned under section one hundred and twenty-seven of the
Constitution in paragraphs ‘‘a”’ and “‘b” thereof shall not be included in
determining the indebtedness of the town. None of the obligations
issued under this provision shall be sold at less than their par value, nor
bear interest at a rate exceeding six per centum per annum, and shall
become due and payable not exceeding thirty-four years from the date of
their issuance; provided, however, no bonds, notes, or certificates of
indebtedness shall be issued under this provision unless and until the
question shall have first been submitted to the qualified voters of the
town whether or not such bonds, notes, or certificates of indebtedness
shall be issued, and the majority of the qualified voters participating in
any election held for such purpose shall have voted for such issuance.
The council shall call such election and fix the date thereof by ordinance,
copies of which shall be published in the local newspaper at least once a
week for three consecutive weeks before the date of such election, and
the regular election officials of the town shall conduct the election pro-
vided for hereunder. The council shall make provisions for the pay-
ment of interest on the bonds, notes, or certificates of indebtedness so
issued and shall provide a sinking fund for the retirement thereof at or
before maturity. The coupons shall be received for town taxes.
101. On and after the first day of September, nineteen hundred and
twenty-four, the consolidated town shall be and the same is hereby
constituted a single school district, and thereupon the terms of office of
the school trustees of the town of Basic City and the town of Waynes-
boro, each single separate school districts, shall end and it shall be the
duty of the council of the town to appoint three school trustees to serve
one, two, and three years, and annually thereafter the said council shall
appoint one trustee for the said district to serve for three years, and the
school property of the town may be held in the name of the school board
or in the name of the municipality. The contracts, obligations and in-
debtedness of the two school districts valid and binding on the first day
of Septemker, nineteen hundred and twenty-four, shall be and the same
are hereby declared to be the valid and binding contracts, obligations
and indebtedness of the single separate school district created by this act.

102. The town council shall levy the district school tax for the pur-
pose of establishing and maintaining such schools as in their judgment
the public welfare may require.

103. It shall be the duty of the town treasurer to collect the dis-
trict school tax along with the other taxes of the said town; to receive
the State funds apportioned, appropriated and paid to the school dis-
trict, and place the same on deposit in one or more local depositories to
be designated by the council, and the fund shall be drawn out by war-
rants and used for school purposes by the district school board.

104. All State money apportioned to the Waynesboro school dis-
trict shall be paid to the treasurer of the town for the use of the district
school board.

CHAPTER XX.—GENERAL PROVISIONS.

105. All criminal and civil writs and process issued by the mayor or

justices of the peace under the general laws of the State of Virginia shall
run in the name of the “(Commonwealth of Virginia,’”’ and all criminal
and civil writs or process issued by the mayor or justices for the violation
of or under ordinances of the said town shall run in the name of ‘‘the
town of Waynesboro,” and writs and process issued in the name of the
town shall conform as near as may be to the form for similar writs and
processes issued under the general State laws.
_ 106. The jurisdiction of the corporate authorities of the town in
criminal matters, except as otherwise provided by law, and for imposing
and collecting a license tax on all shows, performances and exhibitions
shall extend one mile beyond the corporate limits of the town.

107. Appeals from decisions rendered by the mayor or the justices
of the peace shall lie to the circuit court of Augusta county, when per-
mitted or allowed, and upon similar and subject to like conditions as is
provided by law in such cases, unless otherwise provided for herein.

108: The debts, obligations, bonds, notes, contracts, commitments,
and agreements valid and binding on the seventh day of August, nine-
teen hundred and twenty-three, on the town of Waynesboro and the
town of Basic City, shall and the same are now declared to be the valid
and binding obligations, notes, bonds, liabilities, contracts, and com-
mitments, of the consolidated municipality of Waynesboro, and all funds,
money, accounts, public property and public utilities owned by either of
the said towns on the said date and the same are declared to be the
property of the new municipality of Waynesboro. The respective con-
tracts of the two municipalities as they existed prior to consolidation
shall not be enlarged or extended as to the time, area, and subject
matter provided for therein.

109. If any section or provision of this act or any part of any section
shall be declared unconstitutional, the part so declared unconstitutional
shall cease to be operative, but the remainder of this act and every sec-
tion or part thereof not so declared unconstitutional shall continue to be
the law governing this town.

110. In case of default on the part of any bonded municipal officer,
the town shall have the same remedies against him and his sureties as are
provided for the State in enforcing the penalty of any official bond given
to it. ;

111. The same person shall be eligible to, and if elected, or ap-
pointed, may hold a county office and a town office if the said offices be
of the same nature, at the same time; provided, such officer lives within
the town limits; and a person otherwise qualified who is a resident of the
said town shall be eligible to election or appointment to any county office
-of Augusta county.

112. Where by the provisions of this act or the general laws of this
State, the council has the authority to pass an ordinance, resolution, or
regulation on any subject, it may prescribe a penalty not exceeding five
hundred dollars or confinement in jail not exceeding twelve months, or
both, for the violation thereof and any other form of punishment pro-
vided for by the laws of this State for the punishment of misdemeanors.

113. All ordinances now in force as the ordinances of the town of
Waynesboro in the town of Waynesboro-Basic not inconsistent with this
act shall be and remain in force until altered, amended, or repealed by
the town council. .

114. The present officers of the town shall be and remain in office
until the expiration of their several terms.

115. All acts or parts of acts in conflict with this act are hereby
repealed, but only insofar as they affect the provisions of this act.

116. An emergency is hereby declared to exist and this act shall be
in effect from and after the date of its passage.