Chap. 17.—An ACT to amend and re-enact section 2 of le II of chapter 96
of the acts of the general assembly of Virginia, sesef6n of 1899-1900, approved
January 22, 1900, entitled an act to incorporate the town of Phoebus. [H B 25]

Approved February 13, 1930.

1. Be it enacted by the general assembly of Virginia, That section
two of chapter ninety-six of the acts of the general assembly of Vir-
ginia, session eighteen hundred and ninety-nine - nineteen hundred, as
amended, be amended and re-enacted so as to read as follows:

Section 2. (a) At the first meeting of each council after the mem-
bers thereof shall have qualified, such council shall appoint a town
sergeant 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.

(b) The mayor shall be chief magistrate of the municipal cor-
poration 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 meet-
ings, but he shall have no vote, except that in case of a tie, upon any
question which may be before the council for consideration, then the
mayor shall have the casting vote. He, or any three members of the
council, may 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 muni-
cipal offenses, but the mayor shall receive, in addition to his salary, th
fees allowed by law for the hearing of civil cases; he shall tax an
collect the usual fees for violation of State and municipal laws pre
scribed by the statute, or by the ordinances of the town, and all fee:
so collected shall be paid into the town treasury monthly, and th
mayor shall perform such other duties required of him by the genera
laws of this State and of this charter.

(c) It shall be the duty of the recorder to keep a fair and prope:
record of the proceedings of the council, and to publish in such man
ner as the council may indicate, the by-laws, ordinances and resolution:
that may from time to time be adopted. He shall, under such ordi.
nances and resolutions as the council may adopt issue licenses to al
persons engaged in a pursuit, business, occupation, calling, professior
or other purpose for which a license shall be required, and shall per-
form such other duties as may be required of him by the council anc
by the provisions of this act, for which services he shall receive suck
compensation as the council may determine to be right 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 penalty of five hundred
dollars, payable to the town of Phoebus, Virginia, conditioned upon
the faithful performance of his duties.

(d) 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 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 performance of his
luties shall be a commission of five per centum of all moneys received
»y him from all sources except on the proceeds of bonds issued by the
own or money borrowed by the town, upon which amounts collected
is 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
mn money collected and invested by the town and subsequently paid
yack, upon which he shall receive a commission of five per centum
nly upon the interest collected thereon. |

(e) The town sergeant shall be a conservator of the peace, and,
n civil cases that may arise within the corporate limits of the town,
1¢ shall be vested with all the power which the general laws of the
state confer upon constables; his jurisdiction as a police officer shall
xtend one mile beyond the corporate limits. He shall possess the
ike right of distress and power in collecting municipal taxes possessed
y a sheriff or constable in collecting State and county taxes.

(f) All fees arising from the performance of his duties, other
han in civil matters, shall be collected by the mavor and tiened imt-
the treasurer of the town. He shall receive as the full compensation
for the discharge of his duties, other than those in purely civil matters,
such salary as may be prescribed by the council. 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 dol-
lars, payable to the Commonwealth of Virginia, and conditioned upon
the faithful 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 the police of the town, and as chief of police shall see that all
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 man-
agement thereof.