Chap. 348.—An ACT to authorize and require the board of supervisors of any county
having a population of more than 300 inhabitants per square mile and less than
six hundred persons per square mile under certain conditions, to establish and
equip a fire department for any such county or any magisterial district thereof,
with certain exceptions and to make provision for a water supply for fire fighting
purposes; and to provide for the holding of a certain election and for the laying
of certain levies under certain conditions. [S B 324]

Approved March 30, 1940

1. Beit enacted by the General Assembly of Virginia, as follows:
Section 1. Subject to the provisions of this act, the board of
supervisors or other governing body of any county having a popula-
tion of more than three hundred persons per square mile and less than
six hundred persons per square mile, according to the last preceding
United States census, shall establish for such county or any magis-
terial district thereof, but not including any incorporated town therein
which maintains its own fire department, a volunteer or paid fire
department, shall equip the same with suitable, practical and proper
fire fighting equipment and apparatus and provide a sufficient water
supply for fire fighting purposes.

Section 2. Upon the petition of ten per centum of the qualified
voters of any such county or any such district, excluding any incor-
porated town therein which maintains its own fire department, the
circuit court of such county, or the judge thereof in vacation, shall
order an election to be held at the next succeeding general election, or,
if he deems it advisable, a special election, to take the sense of the
qualified voters of such county or district, as the case may be, excluding
those of any incorporated town therein which maintains its own fire
department, on the question whether the said board shall act under
the preceding section of this act. The regular election officers of said
county shall conduct said election. The time of holding said election,
which shall be held according to the provisions of section one hundred
and ninety-seven of the Code of Virginia, and the form of ballot to be
used therein, shall be prescribed, subject to the provisions of the said
section, by the said court, or the judge thereof in vacation. If a
majority of the qualified voters of such county or district, as the case
may be, voting in such election, shall vote in favor of action by the
said board under the preceding section of this act, the said board, as
soon as practicable, shall proceed to carry out provisions of the said
section. And when the next annual levy is laid by the said board, it
shall lay a special levy on all property in such county or district,
which, in case such fire department be provided for one or more dis-
tricts but less than all magisterial districts, shall be such property as
is taxable for district purposes, not in conflict with the general law,
excluding property located within any incorporated town therein
which maintains its own fire department, for an amount sufficient for
the purposes aforesaid. Such levy shall be increased or reduced, ac-
cording to the need thereof, to carry out the purposes stated in section
one of this act. In such election, if a majority of the qualified voters
of such county or district, as the case may be, voting therein, shall
vote against action by the said board under the preceding section of
this act, then no actions under the provisions of this act shall be taken
by the said board in such county, or district.

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