affirm (as the case may be), that I will truly and faithfully receive and return the votes of such persons as are by law entitled to vote for members of council in ward No. and that I will not knowingly receive or return the vote of any who is not legally entitled to the same, so help me God;” the said election shall be closed on the day it is begun, and the poll shall be kept open till sunset and no longer. The said commissioners in each ward, or a majority of them shall, on the next day after the election, make a list of all the votes received at said election; and the four persons having the greatest number of votes, shall be duly elected; and in all cases of an equality of votes, the commissioners shall decide, and shall make a return of the persons so elected, under their hands and seals, to the mayor, who shall cause the same to be published in the newspapers of the town; the said commissioners shall also send the clerk of the common council, who shall preserve and record the same;Duties and powers of the commissioners.
Common council to judge of the legality of elections.
May make laws and rules for its own order and government. the said common council shall judge of the legality of the election of any person who shall be returned as a member thereof, and shall have full power to pass all laws to enable them to come to a just decision upon a contested election: they shall have power to compel the attendance of the members of the council by reasonable penalties, and to pass all laws for the orderly and regular conduct of business: they may punish any member for disorderly behaviour, and with consent of three fourths of the whole council, expel a member.
How the taxes of absentees shall be collected.
Proviso.Sec. 11. And be it further enacted, That whenever taxes upon real property, or other claims charged upon real property within the town, shall be due, and owing to the common council, and the proprietor shall fail to discharge the same, the said common council, after giving the party reasonable notice when he resides in the town, sixty days notice when he resides out of the town, and in the United States, and after six months publication in the newspapers when he resides out of the United States, shall be empowered to recover the said taxes or debts, by motion in the court of Alexandria county: And provided, it shall appear to the satisfaction of the court that such taxes or claims are justly due, judgment shall be granted, and an execution shall issue thereupon, with the costs of suit, against the goods and chattels of the defaulter, if any can be found within the town; if not, that the whole property upon which the tax or claim is due, shall by order of the court, be leased out at public auction for the shortest term of years that may be offered, on condition that the lessee pay the arrearages, and also the future taxes accruing during the term, and be at liberty to remove all his improvements at the expiration of the lease:Proviso. Provided also, that the common council may prosecute any other remedy, by action, for the recovery of the said taxes and claims which is now possessed or allowed.
Interfering acts of the Virginia assembly repealed.Sec. 12. And be it further enacted, That so much of any act or acts of the general assembly of Virginia, as comes within the purview of this act, shall be, and the same is hereby repealed: Provided, that nothing herein contained shall be construed to impair of destroy any right or remedy which the mayor and commonalty of Alexandria now possess or enjoy to or concerning any debts, claims or demands against any person or persons whatsoever; or to repeal any of the laws and ordinances of the mayor and commonalty of the said town now in force, which are not inconsistent with this act.
Approved, February 25, 1804.