Chap. 93.—An ACT to amend and re-enact sections 1 and 2 of article 2,
and section 1 of article 3, of an act entitled an act to incorporate the
town of Phoebus, in Elizabeth City county, eres 3 January 22,
1900, as heretofore amended by an act approved March 2 tH Re 119.)

Approved March 1, 1916.

1. Be it enacted by the general assembly of Virginia, That
sections one and two of article two, and section one of article
three, as heretofore amended, of the charter of the town of
Phoebus, in Elizabeth City county, be amended and re-enacted
so as to read as follows:

ARTICLE II.

Sec. 1. There shall be elected on the second Tuesday in
June, nineteen hundred and fifteen, and every two years there-
after, two electors from each of the said’ wards, who shall be
called councilmen of said town, and there shall also be elected
at the same time a mayor, a town sergeant, a town recorder,
and a treesurer, who shall also be electors of the said town, and
each of the said officers shall] hold office for two years and un-
til their respective successors shall have been elected and have
qualified. A majority of the council shall constitute a quorum
for the transaction of business, but no ordinané¢e or resolution
shall be adopted, having for its purpose the appropriation of
money for other than current expenses, or for the borrowing of
money except by the concurrent vote of at least six (6) mem-
bers of the council, and upon the demand of one member the
yeas and nays on such ordinance or resolution shall be taken
and entered upon the records of the council. Should three or
more electors from one or more wards receive the same num-
ber of votes, at any election for councilmen, or any two or more
electors receive the same number of votes for either the office
of mayor, town sergeant, town recorder, or treasurer, then in
such event the councilmen who are elected at such election shall
organize and proceed to determine by lot who shall be declared
elected to the said offices, respectively. The members of the
said council shall be vested with all the rights and powers con-
ferred upon them by the general laws of this State and by this
act. The council shall fill any vacancy existing in the offices
herein named for the unexpired term of such office.

Sec. 2. The mayor shall be chief magistrate of the munici-
pal corporation hereby created, and is vested with all rights,
powers and privileges conferred upon such officer by the general
laws governing towns of less than five thousand inhabitants;
and in civil cases that arise within the corporate limits, he shall
have and exercise all powers vested in a justice of the peace
by the laws of this State. The mayor shall be president of the
council, and as such shall preside at its meetings, but he shall
have no vote, except that in case of a tie, upon any question
which may be before the council for consideration the mayor
shall have the casting vote. He, or any three members of the
council, may call snecial sessions of that body.

The mayor shall receive for his services such a salary as the
council may deem proper. provided the same shall not exceed
nine hundred dollars ($900) per year, which salary shall be
in full compensation for all services and in lieu of all fees for
the trial of State and municipal offenses, but the mayor shall
receive, in addition to his salary, the fees allowed by law for
the hearing of civil cases; he shall tax and collect the usual
fees for violaticn of State and municipal laws prescribed by
the statute, or by the ordinances of the town; and all fees so
collected shall be paid into the town treasury monthly; and the
mayor shall perform such other duties as the council may pre-
scribe in addition to the duties required of him by the general
laws of this State.

It shall be the dutv of the recorder to keep a fair and proper
record of the proceedings of the council, and to publish in such
manner as the council may indicate, the by-laws, ordinances
and resolutions that may from time to time be adopted. He
shall, under such ordinances and resolutions as the council may
adopt, issue licenses to all persons engaged in a pursuit, busi-
ness, occupation, calling, profession, or other purposes for
which this act authorizes a license to be required: and shall
perform such other duties as may be required of him by the
council and by the provisions of this act, for which services he
shall receive such compensation as the council may determine
to be right and proper, not exceeding seventy-five dollars ($75)
per month. Before entering upon the discharge of his duties,
the recorder shall enter into a bond, with security, to be ap-
proved by the council, in the penalty of five hundred dollars
($500), payable to the town of Phoebus, Virginia, and condi-
tioned upon the faithful performance of his duties.

The treasurer shall keep all funds and other moneys belong-
ing to the corporation, and pay out the same on the order of
the council, drawn by the mayor and attested by the recorder.
The said treasurer shall be required to give bond before enter-
ing upon the discharge of the duties of his office, with security
to be approved by the council, in the sum of five thousand dol-
lars ($5,000), payable to the town of Phoebus, Virginia, and
conditioned upon the faithful performance of his duties. He
shall make to the council, at such times as it may require, a
statement of all his receipts and disbursements. He shall re-
ceive no salary, but his compensation for the performance of his
duties shall be a commission of five per centum of the moneys
received by him under section one of article three of this act.

The town sergeant shall be a conservator of the peace, and,
in civil cases that may arise within the corporate limits of the
town, he shall be vested with all the power which the general
laws of this State confer upon constables; his jurisdiction as
a police officer shall extend one mile beyond the corporate limits.
He shall possess the like right of distress and power in collect-
ing municipal taxes possessed by a sheriff or constable in col-
lecting State and county taxes. All fees arising from the per-
formance of his duties, other than in civil matters, shall be
collected by the mayor and turned in to the treasurer of the
town. He shall receive as the full compensation for the dis-
tharge of his duties, other than those in purely civil matters,
such salary as may be prescribed by the council, not exceeding
seventy-five dollars ($75) per month. The sergeant, before
ntering upon the discharge of his duties, shall execute a bond,
with securitv to be approved by the council, in the sum of one
housand dollars ($1,000), payable to the Commonwealth of
Virginia, and conditioned upon the faithful discharge of his
luties, and the pavment to the said town of all moneys and fines
ollected and received by him by virtue of his office, and such
ond shall be recorded in the clerk’s office of the county court
f Elizabeth City county. He shall perform such other duties
is mav be renuired of him by this act and by the resolutions or
rdinances of the council: and he shall be subject to removal
y a vote of at least six (6) members of the council for incom-
otency, misconduct, or negligence of duty after reasonable
otice.

ARTICLE III.

Sec. 1. The revenues of the said town, which shall be under
he contro! of the council, shall be derived from the following
ources:
A tax on all of the property—real, personal and mixed—
owned within the corporate limits, not exempt from taxation
by the laws of this State, at a rate not exceeding eighty-five
cents (85c) each year for general purposes on each one hundred
dollars assessed valuation thereof.

Taxes for town licenses for the sale of merchandise, and ar-
dent spirits; theatrical and circus companies; menageries, jug-
glers, itinerant salesman, and all shows and exhibitions for
which an entrance fee is required; upon the business of com-
mission merchants living within or without the town and buy-
ing or selling therein; upon the business of bankrupt and fire-
sales, brokers, and pawnbrokers; upon any and all other busi-
ness, occupations, and pursuits upon which a license tax is
levied by the State; and upon such other business as may be
lawful; and upon all wagons, drays, carts, hacks, and other
wheeled vehicles and delivery wagons, used for business within
the town, whether the owners reside within or without the
limits thereof; upon slot machines; and upon dogs and other
animals.

A capitation tax not exceeding one dollar ($1) on each male
inhabitant over the age of twenty-one years, resident in the
town, who is subject to a State capitation tax.

Fines, penalties, and costs imposed for the violation of non-
observance of the ordinances, by-laws, and resolutions adopted
pursuant to this act and to the general laws of this Common-
wealth.

Assessments made for the improvement of the streets, ave-
nues, lanes, and alleys, or portions thereof, and for the construc-
tion and maintenance of sewers in the said town, and its pro-
portion of the taxes received from property at Fort Monroe,
as herein set out.

2. All acts and parts of acts, which are inconsistent with
this act, are hereby repealed.

3. Inasmuch as the necessities of the town require prompt
action, it is hereby declared that an emergency exists and this
act shall be enforced from its passage.