Chap. 114.—An ACT to amend and re-enact section 6 of chapter 294 of the Acts
of Assembly of 1849, entitled an act to extend the limits of, and provide for
electing trustees for, the town of Marion, in the county of Smyth, and vesting
them with certain corporate powers, passed March 15, 1849, as heretofore
amended. [S B 221]

Approved March 14, 1934

1. Be it enacted by the General Assembly of Virginia, That section
six of chapter two hundred and ninety-four of the Acts of Assembly
of eighteen hundred and forty-nine, entitled an act to extend the limits
of, and provide for electing trustees for, the town of Marion, in the
county of Smyth, and vesting them with certain corporate powers,
passed March fifteenth, eighteen hundred and forty-nine, as heretofore
amended, be amended and re-enacted so as to read as follows:

Section 6. Sergeant.—Article one. The office of sergeant shall be
filled by a qualified elector of the town of Marion. The town sergeant
shall be elected by the council at its regular meeting in September, nine-
teen hundred and thirty-four, and each two years thereafter. His
term of office shall begin on the day following his election and extend

until the regular meeting of the council two years thereafter. The
town sergeant may be suspended or removed by the council at pleasure.

Article two. The town sergeant shall have all of the powers of
a deputy sheriff in the town of Marion and Smyth county in criminal
matters, and the powers of constable in civil matters in the town of
Marion. The power and authority of the sergeant as a deputy sheriff
shall extend all over the county of Smyth in criminal matters arising
within the town of Marion, or within one mile of the corporate limits
thereof.

Article three. The town sergeant and all members of the police
force of the said town shall use their best endeavors to prevent the
committing of any crimes, violation of State or town law, and detect
and arrest offenders against the same, with or without warrants; to
preserve the good order of the town, and secure the inhabitants from
violence thereof and the property thereof from injury.

Article four. The sergeant shall perform such other duties as may
be required of him by the council and his compensation shall be fixed
by the council.

Article five. If at any time the mayor shall believe that an emer-
gency exists, or that it is necessary for good order and preservation of
the laws that additional policemen be provided, he shall have the right
to furnish and qualify such additional policemen, whose compensation
shall be fixed by the council.

Article six. The sergeant shall collect all fines imposed by the mayor
or other officers of the town, and shall pay the same over to the treas-
urer on or before the first day of the month succeeding that in which
such fine was inflicted. He shall also report to the council an itemized
list of such fines collected and turned over to the treasurer at each reg-
ular meeting, which list shall contain all fines paid over to him which
were inflicted in the preceding calendar month. If such sergeant
fail to pay over such fines he shall be charged six per centum interest
thereon from the time he should have paid them over, and if he shall
fail to pay over any amount of fines collected by him, and such failure
shall continue for thirty days after the same should have been paid, he
shall be removed from office. If he shall accept security for any fine,
he shall become personally responsible for the same, and pay the same
over to the treasurer on or before the first day of the month next suc-
ceeding that in which such fine was imposed.

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