Chap. 410.—An ACT to amend and re-enact Section 39-a, of an act entitled “An
act to provide a new charter for the town of Pocahontas, in the county of Taze-
well, and to repeal all other acts or parts of acts in conflict therewith.”, approved
March 13, 1918, the said section relating to the town attorney. [H B 369]

Approved April 1, 1940

1. Be it enacted by the General Assembly of Virginia, That
section thirty-nine-a of an act entitled ‘An act to provide a new
charter for the town of Pocahontas, in the county of Tazewell, and
to repeal all other acts or parts of acts in conflict therewith.”, ap-
proved March thirteenth, nineteen hundred and eighteen, be amended
and re-enacted so as to read as follows:

Section 39-a. As herein provided the council shall, at its first
regular meeting in September, after its election, or as soon thereafter
as may be, appoint a town attorney, who shall be a regularly licensed
and practicing attorney at law, who shall hold his office for the same
term as the council which appointed him, unless sooner removed, and
who shall be the attorney and counsel for the town. He shall have
control of all of the law business in which the town might be engaged;
and shall draw all leases, deeds and legal papers for the same, and be
the legal adviser of the mayor, town council or any committee thereof.
He shall appear as counsel for the town in any and all cases in which
the town shall be a party and shall prosecute all violations of town
ordinances, and, with the approval of the council, shall institute and
prosecute all legal proceedings deemed necessary or proper to protect
the interest of the town. He shall have such other powers and per-
form such other duties as are or may be required of him for the town
by any ordinance or resolution of the town council. He shall receive
such compensation as the council may determine, to be paid by the
town; he shall receive in addition to said allowance from the town the
same fees as attorneys for the Commonwealth receive in all criminal
cases, these fees to be charged up as costs against the defendant and
in case of conviction to be paid by the defendant, but he shall receive
no such fees in criminal cases where there is no conviction.