Chap. 296.—An ACT to provide for submitting to the qualified voters of the
town of Potomac, in Arlington county, the question of annulling the charter
of said town by repealing an act approved March 13, 1908, entitled an act to
incorporate the town of Potomac, in the county of Alexandria; and to
annul and repeal said charter upon a majority vote declaring against said

charter. {[H B 520]
Approved March 20, 1922.

1. Be it enacted by the general assembly of Virginia, That on
' the third Tuesday in April next succeeding the passage of this act,
there shall be submitted to the qualified voters of the town of Poto-
mac, in Arlington county, at an election to be held as hereinafter pro-
vided, the question of annulling the charter of said town, incorporated
by act approved March thirteenth, nineteen hundred and eight, en-
titled, an act to incorporate the town of Potomac, in the county of
Alexandria. Said special election shall be held and conducted as
elections for town officers are held and conducted, and all provisions
of the law concerning the holding of such elections shall apply so far
as the same may be applicable.

2. The ballots to be used in said election shall be as follows:

“For annulling charter” and “Against annulling charter.”

The manner of receiving and canvassing the ballots and making
returns and abstracts thereof, shall in all respects conform to the
requirements of the general election law, except that the certificate
of the judges shall be as follows:

We hereby certify that at the election held on the eighteenth
day of April, nineteen hundred and twenty-two, -.---..___. votes
were cast for annulling the charter and ____________ votes were cast
against annulling the charter.

3. The returns shall be canvassed in this election in like manner
as in elections for town officers, and the canvassers shall certify the
number of votes cast in said town for and against annulling the
said charter respectively. A copy of such certificate shall be laid
before the circuit court of the said county at its next term or before
the judge thereof in vacation within thirty days after the date of the
holding of the said election, who shall enter an order showing the
result of said election.
4. In the event that a majority of the votes cast at said election
shall be in favor of annulling the said charter, the said charter shall,
on the first day of September, 1922, become null and void, and all
of the corporate property of the said town shall thereupon become
the property of Arlington county, to be controlled, managed and
disposed of by the board of supervisors of said county to the same
extent and in the same manner as other property of the said county
in Jefferson magisterial district, and the board of supervisors of
said county shall have and exercise within the territory now compos-
ing said town, all the rights, powers and privileges conferred, and
shall be subject to all the duties, liabilities and restrictions now
imposed by law for the government of other parts of said county;
but such repeal shall not affect any offense or act committed or done
or any penalty or forfeiture incurred or any right of any nature
established, accrued or accruing under the jurisdiction of said town
before the first day of September, nineteen hundred and twenty-two,
or any prosecution, suit or proceeding pending on that day, but juris-
diction over all such matters shall thereupon be transferred to the
county government of said county, and all records of said town shall
be delivered to the clerk of the circuit court of the said county, and
all offices held under the said charter shall become vacant, and the
officers of said county shall have the same jurisdiction over the said
territory as now exercised over other territory in Jefferson magis-
terial district, in said county, and all taxes that have already accrued
under the said charter shall be collected by the proper officers of the
said county to the same extent and in the same manner as taxes are
collected in other parts of said Jefferson magisterial district, but
nothing herein contained shall be construed to affect the liability of
any officer of said town of Potomac or his surety for acts committed
prior to the annulment of said charter, should the same be annulled,
nor any claim of or against the said town, nor any contract of the
said town, but the same may be enforced by or against the said board
of supervisors in the same manner and to the same extent as the
same could have been enforced against the town of Potomac. In the
event that a majority of the votes cast at the said election shall be
against annulling the said charter, the said charter shall remain in
full force and effect as though the said election had not been held.

5. The returns of the election held hereunder shall be subject
to the inquiry, determination and judgment of the circuit court of said
county upon complaint of fifteen or more of the qualified voters of said
town, of an undue election or false returns. The complaint shall fully
set out the grounds of contest, and if any votes were improperly
received or rejected, shall give a list of the said votes, with the
objections to the action of the judges of election in receiving or re-
jecting the same. Two of the persons making the complaint shall
take and subscribe an oath that the facts therein contained are true
to the best of their knowledge and belief. The complaint shall be
filed in the office of the clerk of the circuit court of said county.
Notice of contest, stating that the complaint has been filed in the
clerk’s office shall be given by posting the same at the courthouse
door, and at the voting precinct in said town. Said complaint shall
be filed and notice given within ten days after the election, otherwise
the complaint shall not be valid. Any one or more persons who voted
at the said election may within thirty days from the said election
file in the said clerk’s office an answer to the said complaint, in which
any of the allegations of the same may be denied, and any statement
made going to show the regularity of the said election and the pro-
priety of the action of the judges of election in receiving or rejecting
the votes set out in said complaint, and a list of the votes he or they
will dispute. If no answer is filed to the complaint within thirty days
from the election, no one shall be heard to deny the allegations of
the said complaint, but the persons making the same shall prove the
allegations thereof to the satisfaction of the court, which, at the
next term after the expiration of thirty days from the said election,
shall proceed to pass upon the said complaint, without a jury, upon
such legal testimony as may be adduced by either party at the hearing
of the case. In judging such elections and returns, the court shall
proceed on the merits thereof, and decide the same on the Constitution
and laws, and according to the rights of the case, and enter such
order as will carry its decision into full and complete effect. The
judgment of said court will be final. When the complaint is answered,
the costs shall be given in favor of the parties substantially prevailing.

6. An emergency existing, this act shall be in force from its
passage.