Chap. 182.—An ACT to amend and re-enact chapter 140 of the acts of assembly
of 1906, entitled ‘an act to incorporate the town of Cambria, in Montgomery
county,’ approved March 10, 1906. [S B 226]

Approved March 20, 1930

1. Be it enacted by the general assembly of Virginia, That an act
entitled “an act to incorporate the town of Cambria in Montgomery
county, Virginia,” approved by the general assembly the tenth day of
March, nineteen hundred and six, be amended and re-enacted so as to
read as follows:
19301 ACTS OF ASSEMBLY 467

Section 1. That the territory in Montgomery county contained
within the following boundaries, according to the foregoing act named
above be and is the territory embracing the town of Cambria, Virginia:

Beginning at a stone monument at the southwest corner of the land
of E. A. Myers, and on the north side of Wade’s mill road; thence
north eighty-nine degrees, forty-five minutes east, three thousand four
hundred and seventy-nine feet, crossing the mill road obliquely, cross-
ing the Christiansburg road, crossing Shaeffer street to an iron pipe
planted on the land of Pink Henderson; thence north thirteen degrees,
fifteen minutes east, two thousand six hundred and thirty feet, cross-
ing the Depot road, the Norfolk and Western railway, Crab creek and
the Virginia Anthracite Coal and Railway to an iron pipe on the top
of a ridge, and in the land of C. B. Clark; thence north fifty-two
degrees, thirty minutes west, two thousand one hundred and thirty-
five feet, crossing the Springs road and the Virginia Anthracite Coal
and Railway to an iron pipe in J. H. Strickler’s land, near a fence;
thence south sixty-four degrees west seven hundred and seventy-five
feet, crossing Christiansburg road, to an iron pipe in Miss Brown’s
woods; thence south thirty-seven degrees west, one thousand nine hun-
dred and five feet, crossing Rigby’s land, to an iron pipe in James
Rigby’s land, near his line; thence along the north side of a street,
south seventy-seven degrees, thirty minutes west, nine hundred and
fifty-four feet to an iron pipe near the top of a hill in James Rigby’s
land ; thence south twelve degrees, forty-five minutes east, one thousand
eight hundred and seventy-five feet, crossing several streets and run-
ning on the west side of the street, crossing Crab creek and the Nor-
folk and Western railroad, to the beginning.

Section 2. The municipal officers of said town shall be a mayor,
a town sergeant, and six councilmen, all of whom shall be residents
and qualified voters of said town. The council of said town shall have
power to elect or appoint any other officers they may deem necessary,
and to define their duties. The same person may, in the discretion of
the council, be elected or appointed to and hold, at the same time, more
than one of the offices to be filled by election or appointment by the
said council.

Section 3. The mayor and councilmen of the town of Cambria,
as now constituted, and as they shall be elected and qualified as herein-
after provided, shall be a body politic and corporate, by the name of the
town of Cambria, and shall have perpetual succession and a common
seal, and by the name of the town of Cambria may sue and be sued,
implead and be impleaded, contract and be contracted with, purchase
and hold real estate, and sell and convey the same needful for the
public good, and may exercise, retain and enjoy all the rights, immuni-
ties, powers, exemptions and privileges, and be subject to all the duties,
liabilities and obligations now vested in, incumbent upon or pertaining
to said town as a municipal corporation.

Section 4. In all elections for mayor and councilmen of said town,
all persons who may be, by the laws of this State, entitled to vote for
members of the general assembly, and who shall have resided in this
State one year, and in the county of Montgomery six months and in the
said town for thirty days next preceding the day of election then to be
held, shall be entitled to vote; but before being so entitled to vote, they
shall register before the registrar of said town.

Section 5. The mayor and councilmen shall be elected by the quali-
fied voters of said town, and the sergeant to be appointed by the
council.

Section 6. The mayor and councilmen in office in said town at the
time of the passage of this act shall be continued in office until the
expiration of the terms for which they were elected and until their
successors are duly elected or appointed and qualified according to law.

Section 7. The first election under this act shall be held on the
second Tuesday in June, nineteen hundred and thirty, at such place
in said town as shall be designated by the council of the town; and
biennally thereafter, there shall be held an election of a mayor and
six councilmen of the said town on the second Tuesday in June, at
such place and under such rules and regulations and subject to such
provisions as the council may prescribe. Notice of the time and place
of the holding of the election under this act shall be published at least
ten days before the holding of such election by the posting by the town
sergeant of printed hand-bills in at least five public places in said
town. The mayor and councilmen under this act shall qualify on or
before the first day of September next succeeding their election.

Section 8. The term of office of the mayor and councilmen to be
elected, as provided for in the preceding section of this act shall be for
two years from the first day of September next succeeding their elec-
tion, and until their successors have been duly elected and qualified.

Section 9. All vacancies occurring from any cause in the office
of the mayor and councilmen shall be filled for the unexpired term
by the council.

Section 10. It shall be the duty of the mayor, as soon as may be
after an election, to call a meeting of the council to examine the returns,
and the council shall forthwith notify the persons elected of their
election.

Section 11. In case it is impossible to determine the candidate who
has received the highest number of votes by reason of a tie, the council
shall, by lot, determine the matter, and not more than two persons
selected by each candidate affected by said lot shall be present.

Section 12. The manner of conducting elections under this act,
shall, so far as the same is not in conflict herewith, be the same as pre-
scribed by the general election laws of the State.

Section 13. The mayor and six councilmen shall, after being noti-
fied of their election to their respective offices, each take and subscribe
an oath before any person authorized by law to administer an oath, that
they will truly, faithfully and impartially discharge the duties of their
said office so long as they shall continue therein, and said oaths of office
so subscribed shall be returned to the clerk of the council and by him
inscribed in his minute book. And if any of the officers named in this
section shall fail to qualify on or before the first day of September
next succeeding his election his office shall be deemed vacant, and
whenever as many as five members of the council (of whom the mayor
shall be counted one) shall have qualified by taking oath of office as
aforesaid, they shall enter upon the duties of their said offices, and
shall supersede the former council of said town.

Section 14. The salary of the mayor of the town, as now con-
stituted or hereinafter elected, if any be allowed by the town council,
shall be fixed by the town council, payable at stated periods; and no
regulation diminishing such compensation after it has once been fixed,
shall be made to take effect until after the expiration of the term for
which the mayor, then in office, shall have been elected. ‘The salary
of the mayor when fixed shall so continue until changed by town
council.

Section 15. The mayor shall preside over the deliberations of the
council and be entitled to one vote in case of a tie. He shall have juris-
diction to try all violations of town ordinances, and inflict such punish-
ment and impose such fines as may be prescribed for a violation of
the same. The mayor shall be entitled to like fees of a justice of the
peace in civil and criminal cases. He shall by virtue of his office,
possess all the jurisdiction and exercise all the power and authority in
civil and criminal cases including violations of the prohibition laws
arising in said town, or within one mile of the corporate limits thereof,
except where the corporate limits of Cambria and Christiansburg
adjoin, of a justice of the peace of Montgomery county, in addition to
the powers given him by this act. He shall have the power to appoint
and swear in special policemen for any occasion when in his judgment
it is expedient for the peace and good government of the territory
under the criminal jurisdiction of said town, and at such compensation
as may be fixed by the council.

Section 16. It shall be the duty of the mayor to communicate to
the council annually, or as often as he shall deem it expedient, or be
required to do so by the council, a general statement of the situation
and conditions of the town in relation to its government, finances and
improvements, with such recommendations as he shall deem proper.

Section 17. The mayor shall have power to remove any. officer
appointed by him, and to suspend any municipal officer, agent or em-
ployee, 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. 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 meeting for their consideration, but
in no case shall the suspension or removal by the mayor or any officer
not appointed by him be binding until ratified by the council by a two-
thirds vote of all the members thereof, after reasonable notice to the
officer complained of, and an opportunity be afforded him to be heard
in his defense.

Section 18. In case of the absence or inability of the mayor, the
council shall appoint one of their number to discharge the municipal
duties of the mayor during such absence or inability; in case a vacancy
shall occur in the office of mayor, the council shall elect a qualified
person to fill such vacancy for the unexpired term.

Section 19. In case of any vacancy happening in the council by
death, resignation, removal, or otherwise, the council shall elect a quali-
fied person to fill the vacancy for the unexpired term.

Section 20. The mayor shall have power to call a special meeting of
the council whenever he deems it necessary, stating the reason for
which meeting is called, and in case of the absence, inability, or refusal
of the mayor to call a special meeting, the council may be convened
by the order of any four members thereof.

Section 21. The council shall fix the time of their regular stated
meetings and no business shall be transacted at a special meeting but
that for which it shall be called.

Section 22. The council shall have authority to compel the attend-
ance of absent members; to punish its members for disorderly conduct,
and by vote of a majority of the whole council to expel a member for
malfeasance in office or for voluntarily absenting himself from the
meetings of the council. The clerk shall record the proceedings of
the council at large on a record book, and keep the same properly
indexed. The meetings of the council shall be open, except when in
the discretion of said council the public welfare shall require secrecy.

Section 23. Four members of the council shall constitute a quorum
for the transaction of business; but no ordinance shall be passed, or
resolution adopted, having for its object the appropriation of money,
except by a concurrence of a majority of the whole council. Upon
the demand of any member of the council, upon the passage of any
ordinance or resolution, the “yeas” and “nays” shall be taken and
entered of record. No vote or question decided at a stated or regular
meeting shall be considered or rescinded at a special meeting, unless
there be at least five councilmen present, and four of them shall concur.

Section 24. The town council, as now constituted, or hereafter
elected, shall have, subject to the provisions of this act, the control and
management of the fiscal and municipal affairs of the town, and of the
property, real and personal, belonging to said town, and make such
ordinances, orders and by-laws, relating to same, as they shall deem
proper and necessary; they shall likewise have power to make such
ordinances, orders and by-laws, and regulations as they shall deem
necessary and proper to carry out'the powers which are hereby vested
in them. :

First. To establish, enlarge, and operate a system of sewerage
water works, and electric lights works within or without the limits of
the town; to contract or agree with the owners of the land for the use
and purchase thereof, or to have the same condemned according to law,
within or without the town, for the location, extension or enlargement
of their said works, the pipes or wires connected therewith, or any
other appurtenances or fixtures thereof, and shall have power to pro-
tect from injury, by ordinance prescribing adequate penalties, the works,
pipes, fixtures and land or anything connected therewith, whether
within or without the limits of said town.

Second. To close, or extend, widen or narrow, straighten, lay out,
graduate, curb and pave and otherwise improve the streets, sidewalks
and public alleys in the town, and have them kept in good order, and
to require the payment by the property owners benefited by such works
or improvements of one-half of the costs of walks and curbing, and to
make such sum a lien upon their real estate, and collectable in the same
manner as is herein provided for the collection of taxes generally.
And over any street or alley in the town which has been, or may be
ceded to the town, conveyed to the town by proper deed, they shall
have like power and authority as over other streets and alleys; they may
build bridges in and culverts under the streets, and may prevent or
remove any structure, obstruction or encroachment over or under, or
in any street, sidewalks or alley in said town; and may permit shade
trees to be planted along said streets; but no company, firm or indi-
vidual shall occupy with its or his works or appurtenances thereof, the
streets, sidewalks and alleys of the town without the consent of the
council duly entered of record; and whenever, in the construction of
any sewer or conduit or other public improvement, it is necessary that
the same shall run through or under private property, the said council
shall have authority to contract and agree with the owners thereof for
the use and purchase of the right of way or other easement in, through,
or under the same, or have the same condemned according to law. The
said council shall have the power to authorize the laying down of tracks,
and the running of cars thereon in the town by electricity or other
motive power, under such regulations as the council may prescribe.

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

Fourth. To determine and designate the route and grade of any
railroad to be laid in said town, and to restrain and regulate the speed
of bicycles, motorcycles, traction engines, locomotives, engines, cars,
automobiles and other vehicles within said town.

Fifth. To secure the inhabitants of said town from contagious,
infectious or other dangerous disease; to establish, erect and regulate
hospitals and to prescribe quarantine regulations; to provide for and
enforce the removal of patients to said hospitals; to appoint and
organize a board of health for said town, prescribe its duties, and invest
said board with police authority and with full power for the prompt
and efficient performance of its duties.

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

Seventh. If any ground in said town shall be subject to be covered
with stagnant water, or if the owners or occupiers thereof shall permit
any offensive or unwholesome substance to remain or accumulate
therein or thereon, the council may cause such ground to be filled up,
raised or drained, or may cause such substance to be covered or re-
moved therefrom, and may collect the expenses of so doing from the
Owners Or Owner, occupier or occupiers, or any of them by distress
and sale, in the same manner in which taxes levied upon real estate
for the benefit of said town are authorized to be collected; provided
that reasonable notice shall first be given to the owners or their agents.
In case of non-residents who have no agents in said town, such notice
may be given by publication, for not less than four weeks in any news-
paper circulated in said town.

Eighth. To direct the location of all buildings for storing gun-
powder, fire-crackers, or other fireworks manufactured or prepared
therefrom, kerosene oil, gasoline, nitro-glycerine, camphene, burning
fluid or other combustible material; to regulate the exhibition of fire-
works; the discharge of firearms, the use of candles or lights in barns,
stables, or other buildings, and to regulate or restrain the making of
bon-fires in the streets and yards.

Ninth. To prevent horses, cattle, hogs, dogs, and all other animals
from running at large in said town, and may subject the same to such
confiscation, regulation and taxes as they may deem proper; and the
council may prohibit the raising and keeping of hogs in the town, or
in any part thereof.

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

Eleventh. To restrain and punish drunkards, vagrants and street
beggars; to prevent vice and immorality, obscenity and profanity; to
preserve peace and good order; to prevent and quell riots, disturbances
and disorderly assemblages ; to suppress houses of ill-fame and gambl-
ing houses; to prevent lewd, indecent and disorderly conduct or exhi-
bitions in said town, and to expel therefrom persons guilty of such
conduct.

Twelfth. To prevent the coming into the town of persons having
no ostensible means of support, and of persons who may be dangerous
to the peace and safety of the town, and for those may require any
railroad company or person bringing them into said town to enter into
a bond with good security, that such person shall not become charge-
able to the town for the period of one year thereafter, or may require
or compel said company or person to take them back from whence
they brought them, and compel said person to leave town, provided,
that such order to leave be issued within sixty days after their arrival.

Thirteenth. To designate such portions and parts of the town as
they deem proper within which no wooden buildings shall be erected,
to prohibit the building of wooden buildings in any portion of the town
without their permission, to regulate and control the erection of all
buildings, and to provide for the removal of any such buildings or addi-
tions which shall be erected contrary to such regulations or prohibitions
at the expense of the builder or owner thereof, and if any such building
shall have been commenced, or if any building in progress of erection
appears clearly to be unsafe, the council may cause such buildings to
be taken down.

Fourteenth. In addition to the special powers hereinbefore speci-
fically delegated to the town council, all general powers, not in conflict
with the laws of this State, or of the United States, necessary for the
proper and sufficient government of such town, and which are by law
allowed to municipal corporations, are hereby likewise delegated to, and
invested in, the said council of the town of Cambria.

Section 25. Where, by the provisions of this act, the council have
authority to pass ordinances on any subject, they may prescribe any
penalty for the violation thereof not exceeding five hundred dollars,
or imprisonment in jail not exceeding six months, one or both, as the
council may see fit, and for failure to pay any fine which may be im-
posed hereunder the said council may by ordinance require the person
so failing to be confined in jail for the length of time prescribed for
failure to pay fines as now prescribed by law for failure to pay fines
due the State. The confinement herein provided for in jail shall be in
the county jail of Montgomery county, Virginia, unless said town shall
provide a jail of its own. All proceedings against persons violating
the ordinances of said town, or to recover any penalty therefor, shall
be in the name of said town, and in such proceedings said town may
recover against such persons all costs.

Any person confined in jail, as provided by the foregoing section
may be required to work on the streets and public works of said town
during the time of said confinement, and any person refusing so to
work may be subjected to such corporal punishment as may be pre-
scribed by said council by ordinance now in existence or hereafter
passed. Said corporal punishment shall be administered by the town
sergeant or assistant town sergeant.

The foregoing is subject to the right of the State to work any such
prisoner on a State convict road force under the general law.

Section 26. No ordinance hereafter passed by said council, as now
constituted or hereafter elected, for the violation of which any penalty
is imposed, shall take effect until the same shall have been published
as the council may order; and all laws regulating any ordinance of the
council may be read in evidence in all courts of justice, and all pro-
ceedings before any officer, body or board, in which it shall be neces-
sary to refer thereto; but after the expiration of six months from the
date of such ordinance its publication shall not be questioned or its
validity affected by any failure to publish the same; but this section
shall not apply to the ordinances of whatever kind now in force in the
town of Cambria so as to require publication thereof.

Section 27. In every case where a street of said town has been,
or shall be encroached upon by any fence, building, porch, projection,
or otherwise, it shall be the duty of the council to require the owner,
if known, or if unknown, the occupant, to remove the same, and if
such removal be not made within a reasonable time, they may impose
a penalty of not exceeding five dollars for each and every day it 1s
allowed to continue 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, all reasonable charge therefor,
with costs, by the same process as they are hereinafter empowered to
collect taxes. No encroachment upon any street of said town, how-
ever long the same shall have been or may be continued, shall con-
stitute an adverse possession to, or confer any right upon the person
claiming thereunder or against the town.

Section 28. Whenever any street or alley in said town shall -be
opened to and used as such by the public. for the period of five years,
unless written notice of the contrary intention cn the part of the land
owner be given to the mayor of the town, the same shall thereby be-
come a street, alley or lane for public use, if the council so elect, and
the council shall have the same authority and jurisdiction over and
rights and interest therein as they have by law over the other streets
and alleys and lanes laid out by them, and any street or alley reserved in
the division and subdivision into lots of any portion of the territory
within the corporate limits of said town by a plot or plan of record shall
be deemed and held to be dedicated to the public use, unless it appears
by said record that the street or alley so reserved is dedicated for pri-
vate use; but upon a petition of a majority of the persons interested
therein the council shall have the power to open the same for the use
of the public upon due compensation.

Section 29. If any person having been an officer of said town shall
not within ten days after his term expires, or he shall have been vacated
or removed from office, and upon notification and request of the mayor
within such time thereafter as the council may allow, deliver over to
his successor in office all property, books and papers belonging to the
town, or appertaining to such office, in his possession or control, he
and his sureties shall forfeit and pay to the town the sum of five hun-
dred dollars, to be sued for and.recovered with costs; and all books,
records, and documents used in any such office by virtue of any pro-
vision of this act, or of any ordinance or order of the town council, or
any superior officer of the said town, shall be deemed the property of
said town, and appertaining to said office, and the chief officer thereof
shall be responsible therefor.

Section 30. The town council may take from any officer, elected or
appointed by them, a bond, with sureties to be approved by the council
in such penalty as they may deem proper, payable to the town, with
conditions for the faithful discharge of the duties of such officer. All
officers elected or appointed by the council may be removed from office
at the pleasure of the council. All bonds of officers elected by the
people or elected or appointed by the council under this charter shal
be filed with and kept by the clerk of the council.

Section 31. There shall be appointed by the town council one towr
treasurer, who shall hold his office during the pleasure of the council
but the present treasurer of the town shall continue to discharge the
duties of the office until removed by the council, or until his successor
shall have qualified.

He shall qualify and give bond before the council, with surety
approved by it in a penalty to be approved by the council. Any vacancy
in this office shall be filled by the council. |

Section 32. The said treasurer shall receive all money belonging
to the town, and he shall perform such other duties as are prescribed
by the council. He shall keep his office in some convenient place in
the town. He shall keep his books and accounts in such manner as
the town council may prescribe, and such books and accounts shall
alwavs be subject to the inspection of the mayor and council, or any
committee, or committees of the council. He shall receive for his ser-
vices such compensation as the town council may, from time to time,
allow.

Section 33. 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, or in such other manner as may
be prescribed by the council; and said town treasurer shall keep a sepa-
rate account of each fund or appropriation and the debits and credits
belonging thereto.

Section 34. The town treasurer shall report to the town council,
or a committee thereof, as often as required, a full and detailed account
of all receipts and expenditures during the month, and the state of the
treasury. He shall also keep a register of all warrants, their dates,
amount, number, and the fund from which paid, and the person to
whom paid, specifying also the time of payment; and all such warrants
shall be examined at the time of making such report to the town coun-
cil by the auditing committee thereof, who shall examine and compare
the same with the books of the treasurer and report discrepancies, if
any, to the town council.

Section 35. The town treasurer, or his deputy duly qualified, or
by order of the council of the said town the town sergeant, or assistant
sergeant, or any other person appointed by said council, shall collect
all taxes 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 sub-
rect to the liabilities and penalties now prescribed by law in regard to
the county treasurer of the State of Virginia in the levying and col-
lecting of taxes, and said officers or persons appointed as aforesaid
to collect said taxes shall have full power to levy on property and sell
the same for the payment of such taxes as the said county treasurers
of the State of Virginia are now empowered by law to do, and such
sales shall be made upon the notice and in such manner as now pre-
scribed by law in sales of personal property for State taxes; and any
person so appointed shall give bond, and receive such compensation as
said council may direct.

Section 36. The treasurer shall be required to keep all moneys in
his hands belonging to the town in such place or places of deposit as
the town council. by ordinance may provide or direct.

Section 37. The clerk of the council shall be appointed by the
council and he shall attend the meetings of the council and keep a record
of its proceedings; he shall have the custody of the corporate seal and
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 them; 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 town
council is required to publish, and such other reports and ordinances
as it may direct, and shall, in general perform such other acts and
duties as the council may, from time to time, allow.

Section 38. There shall be appointed by the council of the town of
Cambria a sergeant as provided by general law. He shall qualify and
give bond before the council for such amount and with such surety as
the council may approve. His compensation shall be such as the coun-
cil may, from time to time, allow.

In all cases, civil and criminal, arising in said town, or within one
mile of the corporate limits thereof, except where the corporate limits
of the towns of Christiansburg and Cambria adjoin, he shall be vested
with all the powers which the general laws of the State confer upon
constables, and the further right in prohibition cases a distance of three
miles from the corporate limits of Cambria, excepting the corporate
limits of Christiansburg. He shall be chief of police of said town. In
addition to the powers conferred upon town sergeants by the general
laws of the State, the sergeant of said town and all police officers
appointed by the mayor or the town council thereof, shall have all the
powers conferred on special police by the provisions of section thirty-
nine hundred and twenty-seven of the Code of Virginia of eighteen
hundred and eighty-seven, and the amendments thereto. They shall
have the power to arrest without warrant and carry before the mayor
to be dealt with according to the law, and any and all persons who
shall violate any ordinance of the town, or law of the State, in their
presence, and it shall be his duty to swear out warrants of arrest for
any person or persons where he has reason to believe any offense has
been committed.

Section 39. The council shall control and manage the waterworks
of said town, either by itself or through such committees or agencies
as it may adopt; and the council shall prescribe and regulate the rate
of charges to be paid for the use of water furnished by the town to
the citizens thereof, and to persons outside the corporate limits thereof,
who may wish to purchase water from the town. They may impose
fines and liabilities and punishments for the injury and abuse of said
works or property connected therewith, or for waste of said water
ACTS OF ASSEMBLY 477

furnished by the town, and may enforce and collect said fines and penal-
ties and the charges for water by distress or otherwise, as the council
may determine, or refuse to further furnish water to citizens or other
persons in arrears.

Section 40. The council of the town of Cambria, whenever three-
fourths of its members by a recorded vote decide that it is to the inter-
est of the town to do so, may borrow money to the extent prescribed by
the Constitution and laws of the State of Virginia, for the uses and pur-
poses of the town.

Section 41. For the execution of their powers and duties, the coun-
cil of the town of Cambria shall have the power to raise annually by
taxes and assessment, in said town, such sums of money as they shall
deem necessary to defray the expenses of the same, and in such man-
ner as they shall deem expedient in accordance with the Constitution
and laws of this State and of the United States, and shall have the
power to tax all subjects of property which the laws of the State per-
mit the towns to tax, and to impose a license upon any business which
may be conducted in said town in whole or in part, whether the person,
firm or corporation resides in said town, or has its principal place of
business in the said town or not, provided the laws of this State permit
a license to be imposed upon such business by towns.

Section 42. The council may grant licenses to owners or keepers
of wagons, drays, carts, hacks, automobiles and other wheel vehicles
kept aid employed in said town for hire; and may require the owner or
keepers of such vehicles aforesaid using them in town to take out a
license thereon and subject the same to such regulations as they may
deem proper, and may prescribe their fees and compensations.

Section 43. All goods and chattels wheresoever found may be dis-
trained and sold for taxes and licenses assessed and due thereon; and
no deed of trust or mortgage upon goods and chattels shall prevent
the same from being distrained and sold for taxes and licenses assessed
against the grantor in such deed while such goods and chattels remain
in the grantor’s possession.

Section 44. The council of the town of Cambria shall have the
right to add to all tax bills not paid by the first day of December in each
year a penalty of five per centum on the amount of the tax bills, and
the said council shall also have the right to add to all taxes or licenses
not paid by the first day of February of each year a penalty of five per
centum on the amount of such licenses, and to prescribe a fine for en-
gaging without the payment of a license by any person in a business
for which a license tax is charged.

Section 45. The council shall annually order a levy upon all per-
sons within said town not exempt by law from the payment of State
capitation tax, over twenty-one years of age, and on all real estate within
said town not exempt by law from taxation and on all such personal
property and other subjects as may at the time be subiect to taxation for
local purposes by general law, provided, however, that the tax on per-
sons shall not exceed one dollar, and the tax levied for general purposes
shall in no year exceed one dollar on the one hundred dollars worth of
property, real or personal, and this maximum rate of taxation shall not
be increased except by amendment to this charter.

Section 46. The town council shall, subject to the limitations 1m-
posed by general law, have power to levy a license tax on all persons,
firms or corporations whose principal office is or is not located in said
town, if the said persons, firms or corporations do or offer to do busi-
ness in the said town, and the annual rate or fee for such license shall
be the same as now fixed by the town of Cambria in its ordinances pub-
lished, or until such time as the town council may change their rates,
provided, however, that any farmer may sell the products of his farm
in the said town without license. The jurisdiction of the corporate
authorities of said town for imposing and collecting a license tax on
shows, performances and exhibitions shall extend one mile beyond the
corporate limits of the town, excepting the corporate limits of Chris-
tiansburg. It is the purpose of this section to give the council of this
town the power to tax all subjects within its jurisdiction not withheld
from taxation by cities and towns by the laws of this State, whether
herein specifically enumerated or not; provided that the tax on any in-
tangible property which towns are authorized by law to tax shall be
within the limitations prescribed by general law.

Section 47. All ordinances in force in the town of Cambria not
inconsistent with this charter, the laws of this State and the United
States, shall be, and remain in force until amended or repealed by the
town council.

Section 48. The council may organize and maintain a fire depart-
ment for the town, and make rules and regulations for the government
of the officers and men of said department, and may make such ordi-
nances as they may deem proper to extinguish and prevent fires; to
prevent property from being stolen, and to require citizens to render
assistance to the fire department in case of need. |

Section 49. An emergency existing in order to conform the charter
of the town to the general law, this act shall be in force from its passage.

Section 50. All acts and parts of acts inconsistent with this act
are hereby repealed; provided that nothing contained in this act shall
alter in any respect any general law segregating subjects of taxation
to the State, or authorizing the levy of any tax or any imposition of any
license fee in any case where the general law prohibits cities and towns
from so doing.