Chap. 75.—An ACT to amend and re-enact sections 1, 2 and 5 of article 2 and
section 1 of article 8 of an act entitled an act to incorporate the town of
Phoebus, in Elizabeth City county, approved January 22, 1900, as heretofore
amended by an act approved March 2, 1914, and by an act approved March
1, 1916, and as herctofore amended by an act approved March 24, 1920.

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Approved February 25, 1922.

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1. Be it enacted by the general assembly of Virginia, That sec-

tions one, two and five of article two, and section one of article eight,

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:

Section 1. There shall be elected on the second Tuesday in June.
nineteen hundred and fifteen, and every two years thereafter, 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 recorder and a treasurer, who shall also be electors of the
said town, and each of the said officers shall hold office for two years
and until 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 ordinance 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 members 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 re-
ceive the same number 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 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 conferred 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. At the first meeting of each council after the members
thereof shall have qualified, such council shall appoint a town ser-
geant who shall be an elector of the said town and not a member
of the council. The town sergeant shall perform the duties herein
specified and hold office for two years or until his successor shall
have been appointed and have qualified, subject to the general laws
and the powers of this charter as to removal before the expiration
of his term of office, and in the event of any vacancy existing in
said office the council shall fill such vacancy for the unexpired term
of such office.

The mayor shall be chief magistrate of the municipal corporation
hereby created, and is vested with all rights, powers and privileges
conferred upon such office 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 ques-
tion which may be before the council for consideration, the mayor
shall have the casting vote. He, or any three members of the council,
nay call special 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 one
thousand two hundred dollars 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 addi-
tion to his salary, the fees allowed by law for the hearing of civil
cases; he shall tax and collect the usual fees for violation 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 prescribe in addition to the duties required of him
bv the general laws of this State and of this charter.

It shall be the duty of the recorder to keep a fair and proper
record of the proceedings of the council, and to publish in such man-
ner as the council may indicate, the bylaws, ordinances and reso-
lutions 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, business, occupation, calling, pro-
fession or other purpose for which a license shall 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 night
and proper, not exceeding seventy-five dollars per month. But before
entering upon the discharge of his duties, the recorder shall enter
into a bond, with security to be approved by the council in the pen-
alty of five hundred dollars, payable to the town of Phoebus, Vir-
ginia, conditioned upon the faithful performance of his duties.

The treasurer shall keep all funds and other moneys belonging 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 treas-
urer shall be required tw give bond before entering upon the dis-
charge of the duties of his office, with security to be approved by the
council, in the sum of five thousand dollars, payable to the town of
Phoebus, Virginia, and shall make to the council, at such times as
it may require, a statement of all his receipts and disbursements.
He shall receive no salary, but his compensation for the perform-
ance of his duties shall be a commission of five per centum of all
moneys received by him from all sources, except on the proceeds of
bonds issued by the town or money borrowed by the town, upon
which amounts collected as the proceeds from the sales of bonds or
from money borrowed he shall receive a commission of one-fourth
of one per centum only, and no money collected and invested by the
town and subsequently paid back, upon which he shall receive a com-
mission of five per centum only upon the interest collected thereon.

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 collecting municipal taxes pos-
sessed by a sheriff or constable in collecting State and county taxes.
All fees arising from the performance of his duties, other than in
civil matters, shall be collected by the mayor and turned into the
treasurer of the town. He shall receive as the full compensation
for the discharge of his duties, other than those in purely civil mat-
ters, such salary as may be prescribed by the council, not exceeding
one hundred dollars per month. The sergeant, before entering upon
the discharge of his duties, shall execute a bond, with security to be
approved by the council, in the sum of one thousand dollars, payable
to the Commonwealth of Virginia, and conditioned upon the faith-
ful discharge of his duties, and the payment to the said town of all
moneys and fines collected and received by him by virtue of his office,
and such bond shall be recorded in the clerk’s office of the county
court of Elizabeth City circuit; the town sergeant shall be under the
direct control of the council and shall perform such duties as may
be required of him by this act and by the resolutions or ordinances
of the council; and he shall be subject to removal by a vote of at
least six members of the council for incompetence, misconduct or
negligence of duty after reasonable notice. The town sergeant shall
be ex-officio chief of police of the town, and as chief of police shall
see that all of the laws and ordinances of the town and general
laws of the State are faithfully executed and carried out by the police
force and shall be at all times subject to such rules and regulations
as may be passed by the council governing the police force and the
management thereof.

Sec. 5. The council shall have the power to appoint such police
officers as to it may seem proper, and shall prescribe the compen-
sation for policemen; provided, that the salary of each shall not
exceed one hundred dollars per month. Costs shall be charged
against persons arrested or summoned by such policemen for vio-
lation of State statutes and town ordinances, as in cases of arrest
or summons by a sheriff, constable or town sergeant, and such costs
shall be collected by the mayor and paid into the town treasury.

The council shall also elect one of its number as vice-president
of the council, who shall during the absence of the mayor, or his
inability to act, have the same powers and duties as the mayor.

ARTICLE No. 8.

Section 1. The circuit court of Elizabeth City county shall in
no case grant a license or permit to any person, firm or corporation
for the sale of soft drinks or any mixtures thereof, under any kind
of license, within the corporate limits of the town of Phoebus, Vir-
ginia, except and until such person, firm or corporation shall present
to such court a certificate from the council of said town, certifying
that such person, firm or corporation is a suitable person, firm or cor-
poration, and that the place where such business is proposed to be
conducted is suitable, convenient and appropriate, and shall also pre-
sent to such court a town license granted by the proper municipal
authorities of said town.
_ 2. Inasmuch as the necessities of the town require prompt action,
it is hereby declared that an emergency exists and this act shall be
in force from its passage.