for the benefit of any persons or association therein; and the same may grant, sell, convey, transfer and assign, let, pledge, mortgage, change and encumber, in any case, and in any manner in which it would be lawful for a private individual so to do; and may have and use a common seal, and alter and renew the same at pleasure; and, generally, shall have all the rights, franchises, capacities and powers appertaining to municipal corporations in this commonwealth." 2. The corporation of the city of Lynchburg shall have all the estates, rights, titles and privileges, all the funds, revenues and claims, and all the powers, capacities, franchises and immunities which are vested in, or conferred upon, or belonged or appertained to, the city of Lynchburg, or the town. of Lynchburg, by or under any act or acts of the general assembly heretofore passed, and not repealed by or in conflict with this act. 3. For said corporation there shall be a mayor. There shall be a board called the council of the city of Lynchburg," which shall be composed of twelve members, of whom, until the council shall otherwise prescribe, six shall be for each ward. 4. There shall be a court, which shall be called the court of hustings for the city of Lynchburg; and the members of said court shall consist of a judge and twelve other persons, of which twelve persons, until the council shall otherwise prescribe, there shall be six from each ward. The said court shall have jurisdiction, and the mayor of the city, and the members of the court, shall each have the powers of a justice of the peace, not only within the corporate limits of said city, but also for the space of one mile without and around said city, for matters arising within the range of said jurisdiction, according to the laws of this commonwealth. 5. All the estates, rights, titles and privileges, and all the funds, revenues and claims of the city, shall be under the care, management, control and disposition of the council; and all the corporate powers, capacities, franchises and immunities of the city shall be exercised by the council, or under its authority, unless it be otherwise expressly provided. 6. There shall be an election annually, in each ward of the said city, on the first Tuesday in April, for members of the council; and there shall be an election in each ward, on the first Tuesday in April next, and on the first Wednesday in April in every fourth year thereafter, for a mayor of said city, and for members of the court of hustings other than the judge thereof; and in the event of a failure to hold either of said elections on that day, then such election shall be held on such day as the council may direct. 7. The term of office of members of the council and of the mayor, and other members of the court of hustings, except the judge thereof, shall commence on the Saturday after the election. 8. At the next May term of the hustings court, held by the recorder and aldermen, and at the May term of said court, held in every fourth year thereafter, there shall be monwealth appointed by said court a sergeant, and a high constable for said city; and at the May term of the hustings court, held Clerk and attorby the recorder and aldermen next before the expiration of ney for the comthe terms of office of the persons holding the positions of attorney for the commonwealth and of clerk of such court at the time this act goes into operation, there shall be appointed by said court a clerk thereof (who shall also be the clerk of the said court when the same is held by the judge,) and an attorney for the commonwealth for said court. In the event of a failure to hold a term of said court in the month of May, or to make any of said appointments, then such appointment or appointments shall be made at the next ensuing term of said court. The term of office of the ser- Their term of geant, high constable, attorney for the commonwealth and office clerk, shall commence on the first day of July next succeeding their appointment, and shall continue for four years. The Bonds said officers shall give official bonds, conditioned as prescribed for the similar officers in the counties, and the same shall be taken by the said court, in such penalty and with such security as it may deem proper. 9. At such election in a ward, any white male citizen of Who may vote the commonwealth, of the age of twenty-one years, who resides in such ward, and is qualified to vote in the city for members of the general assembly, shall have a right to vote and be eligible as a member of the council or of the court of hustings. 10. For such election the city shall continue divided (as at Number of present) into two wards, until the council shall lay it off into wards wards differently, or alter the wards. The said election shall Election; where be held at such place in each ward as shall have been pre- held scribed by the council-the president or clerk of the council publishing, previous to the election, notice of the time and place therefor, in two papers of the city for two weeks, or for such other time as the council may direct. 11. For superintending said election the council shall, pre- Commissioners vions thereto, appoint five persons in each ward as commis- of election sioners, any two or more of whom may act to superintend the election in such ward; and the said commissioners shall Their powers have such powers and perform such duties as are prescribed and duties and by the Code of Virginia for commissioners and superintendents of elections, and shall take such oath of office as is therein prescribed; a certificate of which oath shall be returned to the clerk of the council to be preserved in his office. qualifications. each ward 12. The poll shall not be opened at any election sooner Polls; how held than sunrise, and shall be closed at sunset; and in no case shall the polls be kept open more than one day. An officer Conductor in to conduct the election in each ward shall be appointed by the council, or if the council fail to do so, or the officer appointed by it fail to attend, by the commissioners. Under His duties the superintendence and control of the commissioners, it shall be the duty of said officers, (after taking the oath of office prescribed for such officers in the Code of Virginia, a certificate whereof shall be returned to the clerk of the duties, &c council), to cause the polls to be opened publicly for the election in the ward for which he is appointed; to proclaim and see recorded the votes admitted by the commissioners; Writers: their to preserve order and remove force. The said officer shall employ such writers, and at such rate of compensation as the council may direct; or in the absence of such direction, 'such writers and at such rate as he shall think fit; and they shall respectively take an oath, to be administered by said Poll books; how officer, to record the votes faithfully and impartially. He shall deliver to each writer a poll book for those offices as to which such writer is to record the votes; and each writer shall enter the name of each voter in a column under the name of each person for whom he votes for any of said offices. The said votes shall be given as prescribed by the constitution of the state of Virginia. kept Votes; how given Closing polls and certifying their correctness Double votes stricken from the polls List of such votes, and reason therefor Certificates of election To whom returned Councilmen 13. After the names of all the persons offering to vote, before the time for closing the election, shall have been thus entered, the officer shall conclude the poll. Immediately on the conclusion thereof, the correctness of the poll shall be certified by the commissioners superintending the election and by the officer conducting the same. 14. If a person vote more than once in the same election, all his votes shall be stricken from the poll. This shall be done in an election for members of the council or of the court of hustings, by the officer conducting the election for the ward in which such election is held, and in the election of other officers, by the officers conducting the elections in the several wards. It shall be done upon an examination of the polls, to be had as soon as practicable after they are closed; and the officer or officers shall at the same time attach to the poll a list of the votes stricken therefrom, and the reasons therefor. 15. The officer conducting the election in a ward shall then ascertain, declare and certify what persons are elected in said ward as members of the council; or if an equal number of votes be given for persons, of whom one or more, but not all, could be lawfully elected, he shall certify the name of each of said persons, and the number of votes given for him. He shall also ascertain and certify the name of each person voted for in such ward as a member of the court of hustings, and the number of votes given for him. And the officers conducting the elections in the several wards shall, in respect to each of the other officers for which an election is held, ascertain and certify the name of each person voted for, for such office, and the number of votes given for him. 16. The certificates of said officers, with the polls, shall be delivered by them to the clerk of the council; whereupon Qualification of the persons appearing by said certificates to be elected in a ward as members of the council for such ward, shall be entitled, after taking the proper oath, to sit in the council until Persons elected the council shall otherwise decide. The council shall ascertain, and upon their journal enter what persons are elected to the respective offices of the city for which the election was held. entered upon journal of council council may 17. The council may decide between two or more persons In case of tie, having an equal number of votes for the same office, which decide of them is elected; it may pass upon the qualifications of persons voted for; it may prescribe the manner of deter- Contested elecmining contested elections in cases not 'specially provided tions for by this act; it may prescribe the fines to be imposed on Fines for illegal persons who vote illegally; and, in regard to any other voting question in respect to which it directs a poll, it may make such rules and regulations as it may deem fit. court; how cer Persons elected; 18. The council shall certify to the court of hustings, held Election of by the recorder and aldermen, the names of the persons members of elected from each ward as members of said court. The tified council shall cause the several persons elected to be notified how notified of their election; and the persons elected members of the Recorder and secourt of hustings shall elect from among themselves one per- how elected son as recorder, and one as senior alderman of the city, and certify such election to said court. The other persons elected members of said court shall be aldermen of the city. nior alderman; council continue are qualified 19. The members of the council for any ward, who may Members of be in office at the time an election is held for their successors, in office until shall continue in office until said successors or a majority of their successors them are qualified. The members of the court of hustings Also other offi elected from any ward, who may be in office at the time an cers election is held for their successors, shall also continue in office until said successors or a majority of them are qualified. And the mayor and all other persons holding offices mentioned in this charter, shall (unless sooner removed) continue in office, after their terms of service have expired, until their respective successors are qualified. election held 20. If the person who shall have received the highest In case of ineligi number of votes for an office be adjudged by the council to bility, or where neither party is be eligible, or if, in the case of a contested election the elected, new council decide that neither of the parties to the contest is entitled to the office for which the election was held, it shall, in either of said cases, order a new election to fill the vacancy, and prescribe the time therefor. And, unless the council otherwise direct, such new election shall be conducted and superintended by the same officers who conducted and superintended the previous election, and shall be under the like regulations. 21. If, during the term for which a person may have been Vacancy; how elected to any office herein mentioned, a vacancy occur in filled said office, otherwise than is mentioned in the preceding and seventh sections, such vacancy may be filled by an appointment for so much of said term as is unexpired. Such appointment shall be by the court of hustings, if the vacancy be in the office of clerk, sergeant, high constable, recorder, senior alderman or any other alderman, and shall, in other cases, be by the council. The appointment, if the vacancy be in the office of recorder or senior alderman, shall be from among the other members of the court; if in the office of any other alderman, or of a member of the council, from among the voters in the ward for which such member of the council. was elected, or in which the number of aldermen is Persons elected must qualify before acting President of the council His duties deficient; and if any other officer, from among those who would be eligible thereto if an election were held under any preceding section of this act. 22. Neither the members of the council, nor of the court, nor any of the officers provided for the city under this act, shall be competent to act until they shall have taken the oaths or affirmations prescribed by this charter, or the ordinances of the city, before some one competent to administer an oath; and any person so elected, shall not take such oath, and file a certificate thereof in the proper office within such time as the council may prescribe, he shall be considered as vacating his office. 23. The council shall elect one of its members to act as president, who shall preside at its meetings, and continue in office one year; and when, from any cause, he shall be absent, they may appoint a president pro tempore, who shall preside during the absence of the president. The president shall sign all ordinances and regulations passed at any meeting, when he presides, or, if he is not present, such ordinances and regulations shall be signed by the person acting as president, when the proceedings are read to the next meeting of the council. The president shall have power, at any time, to call a meeting of the council; and, in case of his absence, sick&c., how coun- ness, disability or refusal, the council may be convened, by the order, in writing, of any three members of the council, directed to one of the officers of police. Power to convene council In his absence, cil may be convened Quorum Majority necessary to pass bylaws, ordinances, &c Officers' compensation Council may adopt rules and and clerks for their own pro appoint officers 24. Seven members of the council shall constitute a quorum for the transaction of business; and no by-law, ordinance or regulation, shall be binding, unless the same shall have been passed by the voices of a majority of the members of the council who are present. 25. The council shall be authorized to grant such compensation to the mayor, hustings judge and other officers of the city, as they may deem proper, the said compensation to be paid out of the funds of the city. 26. The council shall have authority to adopt such rules and to appoint such officers and clerks, as they may deem proper for the regulation of their proceedings, and for the convenient transaction of their business. They shall keep a record of their proceedings, which shall, at all times, be open to the inspection of any voter of said city, and at the request Ayes and noes; of any member present, the ayes and noes on any question put, shall be taken and entered in the journal. ceedings Shall keep a record open for inspection how taken May pass ordinances, &c., for of the city, and same by fines, the government may enforce the & c 27. The council shall have authority to pass all by-laws, rules and ordinances (not repugnant to the constitution and laws of this state), which shall be necessary for the good ordering and government of such persons, as shall, from time to time, reside or be within the limits of said city, or shall be concerned' in interest therein, for the management of its property and the due and orderly conducting of its affairs, or which shall 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 city, or in the council, the court of hustings or any officer of said |