An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Law Body
Chap. 430.—An ACT to provide a new charter for the town of Holland, in the county
of Nansemond, and to repeal the charter provided for said town by chapter 1047
of the Acts of the General Assembly of 1899-1900, approved March 7, 1900, and
all amendments thereof, or of any part thereof. (H B 410:
Approved April 2, 1940
1. Beit enacted by the General Assembly of Virginia, as follows
Section 1. The town of Holland, in Virginia, in the county ot
Nansemond, shall continue to be a town corporate, in the name anc
style of the town of Holland, and as such shall have and may exercis¢
the powers and privileges hereinafter set forth, and all powers anc
privileges conferred upon it by this charter and which are now, o1
may be hereafter delegated to towns in accordance with the Constitu.
tion and laws of the Commonwealth of Virginia, as fully and com
pletely as though such powers were specifically enumerated herein
and no enumeration of particular powers by this charter shall be helc
to be exclusive.
Section 2. The corporate limits of the town of Holland, as here
tofore established by an Act of the General Assembly of Virginia, ap
proved March 7, 1900, and entitled ‘‘An Act to Incorporate the Towr
of Holland, in the County of Nansemond”, and by an order of th
Circuit Court of Nansemond County, Virginia, entered on May 10
1927, and unless and until changed in the manner prescribed by law
are hereby re-established as follows:
Beginning at the intersection of the South Quay road with thi
road leading from Quaker church to Carrsville, at the store formerlh
belonging to Z. T. Holland; thence north along the Carrsville roa
one hundred and forty yards; thence southwest in a straight line
across the field formerly belonging to A. A. Holland four hundred anc
fifteen yards to an iron post; thence south in a straight line six hundrec
and seventy-three yards to an iron post on the land formerly belongings
to T. G. Jones; thence southwest in a straight line across the Soutt
Quay road to an iron post on the south side of said road; thence run-
ning in a parallel line with the northern boundary to the road leading
from the Quaker church to Carrsville; and thence up said road north
one hundred and sixty yards to the point of the beginning.
And beginning at the intersection of the North line of the public
school lot with the present Northern boundary of the Town of Hol.
land, and running thence along the North line of said public school
lot, in a Northwesterly direction, to the Northernmost corner of said
lot, thence along the West line of said lot, ina Southwesterly direction,
to its intersection with a line Two Hundred (200) feet North of and
parallel with the North line of the State Highway, thence along said
line Two Hundred (200) feet North of and parallel with the North
line of said State Highway, in a Northwesterly direction, to its inter-
section with the West line of Fourth Street, as shown on the plat of
the property of Joe E. Holland, duly recorded in the Clerk’s Office of
the Circuit Court of Nansemond County, Virginia, in Plat Book
Number 2, page 100, projected Northwardly, thence along the West
line of said Fourth Street, projected Northwardly, crossing the State
Highway, and along the West line of Fourth Street to its intersection
with the center line of Wilkerson Avenue, as shown on said plat re-
corded in Plat Book Number 2, page 100, thence along the center
line of Wilkerson Avenue, and Wilkerson Avenue projected South-
eastwardly, to its intersection with the present Western boundary of
said Town, and thence along the present Western boundary of said
Town, crossing the State Highway, and along the present Northern
boundary of said Town to its intersection with the North line of the
said public school lot, the point of beginning.
Section 3. Powers of the Town of Holland.
The Town of Holland, in addition to the powers mentioned in
Section one hereof, shall have the following powers and privileges, to
the extent that they or any of them, may not be prohibited by, or in-
consistent with, either the Constitution or the general laws of the
Commonwealth of Virginia:
First: To provide for the fiscal year, which shall begin on the
first day of July and end on the thirtieth day of June, unless and
until changed by ordinance.
Second: To raise annually, by taxes and assessments in said
town, such sums of money, in such manner as the Council thereof
shall deem necessary or expedient for the use, benefit and purposes
of said town, in accordance with the Constitution of the United
States, the Constitution of Virginia, and the general laws of the
Commonwealth of Virginia.
Third: To fix or set, levy and collect taxes and assessments on
»ersons and property; and to impose special or local assessments for
ocal improvements and to enforce payment thereof, subject to such
limitations prescribed by the Constitution and general laws of Vir-
ginia as may be in force at the time of the imposition of such special
or local assessments.
Fourth: Except when prohibited by general law: To impose, fix
or set, levy and collect a license tax, fee or assessment for the conduct,
maintenance or operation of privileges, amusements, business, pro-
fessions, occupations or callings; to issue a license or permit and
collect charges, or fees therefor and to pro-rate license fees or charges
for the unexpired portion of the fiscal year.
Fifth: To incur liabilities or debts, make contracts, borrow
money, and execute or issue evidences of indebtedness and have a
common seal.
Sixth: To expend the money of the town for all lawful purposes.
Seventh: ‘To acquire by purchase, gift, devise, condemnation or
otherwise, property, real or personal, or any estate therein, within or
without the town, for the use and benefit thereof, and to hold, im-
prove, sell, lease, mortgage the same or any part thereof, including
any property now owned by the town.
Eighth: To construct, maintain, regulate or operate public im-
provements of all kinds, including municipal and other buildings,
grounds and structures necessary or appropriate for the use and
proper operation of all the various departments of the town.
Ninth: To own, operate and maintain water works and to ac-
quire in any lawful manner, in any county of the State or from the
United States government such water, lands, property rights and
riparian rights as the council of said town may deem necessary for
the purpose of providing an adequate water supply to said town and
of piping or conducting the same; to lay all necessary mains and ser-
vice lines, within or without the corporate limits of said town; to
erect and maintain all necessary dams, pumping stations and other
works in connection therewith; to make reasonable rules and regula-
tions for promoting the purity of its water supply, and for protecting
the same from pollution and for this purpose to exercise full police
powers and sanitary patrol over all lands comprised within the limits
of the water shed tributary to any such water supply, wherever such
lands may be located within this State; to impose and enforce ade-
quate penalties for the violation of any such rules and regulations
and to prevent by injunction any pollution or threatened pollution
of such water supply, and any and all acts likely to impair the purity
thereof; and to carry out the powers herein granted, the said town
may exercise within the State all powers of eminent domain provided
by the laws of this State.
Tenth: To acquire, construct, own, operate or maintain electric
light or gas works, either within or without the corporate limits of
said town, and to supply gas or electricity whether the same be
generated or purchased by the town, to the customers or consumers,
both within and without the corporate limits of said town, at such
price and upon such terms as may be prescribed and to that end, it
may contract to purchase electricity or gas from the owners thereof
upon such terms as it may deem necessary or expedient.
Eleventh: To establish, impose and enforce the collection of
water, light, gas and sewerage rates, and rates and charges for other
services, products, or conveniences operated or furnished by the
town; and the said council may prescribe a different rate to be paid
for such services and conveniences rendered to users or customers
without the corporate limits of said town.
Twelfth: To establish, enter, open, widen, extend, grade, con-
struct, maintain, light, sprinkle or clean public streets, highways,
alleys, parkways, or parks or to alter or close the same; to regulate
the weight of loads to be hauled or carried over or upon the streets;
to regulate the use of all such highways, parks, streets, alleys, park-
ways and public places; to prevent the obstruction, destruction or
injury to any of such streets, alleys or highways; to require any rail-
road company operating a railroad at the place where any highway
or street is crossed within the limits of the town to erect and maintain
at such crossing any style of gate deemed proper, and keep a man in
charge thereof, or keep a flagman at such crossing during such hours
as the council may require in accordance with the general law of
the State and to regulate the length of time such crossing may be
closed due to any operation of the railroad; to regulate to the extent
permitted by general law, the operation and speed of all cars, motor-
cycles, bicycles or vehicles upon said streets or highways as well as
the speed of all engines, cars or railroad trains within the town; to
permit or prohibit poles or wires for electric, telephone or telegraph
purposes to be erected or gas lines to be laid in the streets or alleys,
and to prescribe and collect an annual charge for such privileges here-
after granted; to require the owner or lessee of any electric light,
telephone or telegraph pole or poles or wires now in use or hereafter
erected to change the location or remove the same.
Thirteenth: To acquire by gift, purchase or by the exercise of
the power of eminent domain within this State, land or any interest
or estate in land, rock quarries, gravel pits, sand pits, water or water
rights and the necessary roadways thereto, either within or without
the town, or acquire and install machinery and equipment and build
the necessary roads or tramways thereto, and operate the same for
the purpose of producing materials required for any and all purposes
of said town.
Fourteenth: To establish, construct, maintain sanitary sewers,
sewer lines, or cisterns and to require the abutting property owners
to connect therewith, and to establish, construct, maintain and operate
sewerage disposal plants, and to acquire by condemnation or other-
wise, within or without the town, all lands, rights of way, and other
rights and easements necessary for the purpose aforesaid, and to
assess, charge and collect reasonable fees, licenses, taxes, assessments
or costs of service for connecting with and using the same and such
fees, licenses, taxes, assessments or costs of service shall be collected
by the town as other taxes and levies are collected.
Fifteenth: To grant franchises for public utilities, subject to the
provisions of the Constitution and general laws of the Commonwealth
of Virginia.
Sixteenth: To collect and dispose of sewerage, offal, ashes, gar-
bage, carcasses of dead animals and other refuse, and to make reason-
able charges therefor; to acquire and operate reduction or other plants
for the utilization or destruction of any or all of said materials, to
contract, regulate and collect for the disposal thereof, and to require
or regulate the disposal thereof.
Seventeenth: To compel the abatement of nuisances within the
town, or upon property owned by the town beyond its limits, at the
expense of the person, persons, corporations or firms causing the
same, or of the owner or occupant of the grounds or premises whereon
the same may be, and collect said expense by suit or motion, or by
distress and sale; to require all lands, lots or other premises within
the town to be kept clean, sanitary or free from stagnant water,
weeds, filth or unsightly deposits or to make them so at the expense of
the owners or occupants thereof, and to collect said expenses as other
taxes and levies are collected; to regulate or prevent slaughter houses
or other noisome or offensive business within the said town, the keeping
of hogs, or other animals, poultry or other fowl therein, or the exercise
of any dangerous or unwholesome business, trade or employment
thereon; to regulate the transportation of all articles through the
streets of the town; to compel the abatement of smoke and dust, and
prevent unnecessary noise, to regulate the location of stables and
the manner in which they shall be constructed or kept; to regulate
the location, construction, operation or maintenance of bill boards; to
provide how, when and under what conditions awnings may project
over the streets and sidewalks from buildings, and the manner in
which sidewalks may be used for advertising or display signs or mer-
chandise; to generally define, prohibit, abate, suppress and prevent
all things detrimental to the health, morals, aesthetics, safety, con-
venience or welfare of the inhabitants of the town; and to require all
owners or occupants of property having sidewalks in front thereof to
keep the same clean and sanitary or free from all weeds, filth and
unsightly deposits, ice or snow.
Eighteenth: The council may, in its discretion, appoint a board
of health for the town and invest it with authority for the prompt and
efficient performance of its duties.
Nineteenth: To inspect, test, measure or weigh any commodity
or article offered for use or consumption to persons within the town;
and to establish, regulate, license or inspect weights, meters or scales
employed or used within the town and charge and collect fees therefor.
Twentieth: To prevent or extinguish fires, and to establish,
regulate, and control a fire department or division; to regulate the
size, heights, materials and construction of buildings, fences, walls,
retaining walls or other structures hereafter erected, in such manner
as the public safety or conveniences may require; to remove or require
to be removed or reconstructed any building, structure or addition
thereto, which by reason of dilapidation, defect of structure, or other
causes, may have become dangerous to life or property, or which
may be erected contrary to law; to establish or designate from time
to time fire limits, within which limits wooden buildings shall not be
constructed, removed to, added to, enlarged, or repaired and to direct
that any and all future buildings within such limits shall be con-
structed of stone, natural or artificial, concrete, brick, iron or other
fireproof material; and may enact stringent and efficient laws for
securing the safety of persons from fires in halls and buildings used
for public assemblies, entertainments or amusements.
Twenty-one: To charge and collect fees for permits to use public
facilities or for public service or privileges. Said town shall have the
power and right to charge a different rate for any service rendered or
convenience furnished to citizens without the corporate limits from
the rates charged for similar service to citizens within the corporate
limits.
Twenty-two: To prevent any person having no visible means of
support, paupers or persons who may be dangerous to the peace,
health or safety of the town, from coming to said town from without
the same; and also to expel therefrom any such person who has been
in said town less than one year.
Twenty-three: To provide, permit or prohibit the establishment
of places for the interment of the dead in or near the town and regulate
the same and also those heretofore established and to provide in or
near the town lands to be used as burial places for the dead, providing
land for the same be secured; otherwise, to provide for the same as
near as may be to the town; to improve and care for the same and the
approaches thereto, and to charge for and regulate the use of the
ground therein; and to provide for the perpetual upkeep and care of
any plot or burial lot therein; the town is authorized to take and
receive sums of money by gift, bequest, or otherwise, to be kept in-
vested and the income therefrom used in and about the perpetual
upkeep and care of the said lot or plot for which the said donation,
gift, or bequest shall have been made.
Twenty-four: To exercise full police powers and establish and
maintain a department or division of police.
Twenty-five: To restrain and punish drunkards, vagrants and
street beggars; to prevent or quell riots, disturbances, or disorderly
assemblages; to suppress houses of ill-fame, or gambling houses; to
prevent or punish lewd, indecent or disorderly exhibitions in said
town; to expel therefrom persons guilty of such conduct who have not
resided therein as much as one year.
Twenty-six: To license and regulate the holding and location of
shows, circuses, public exhibitions, carnivals or similar shows or fairs,
or prohibit the holding of the same or any of them within the town.
Twenty-seven: To require every owner of a motor vehicle to
register annually such motor vehicle and obtain a license to operate
the same by making application to the treasurer of said town and to
require said owner to pay an annual license fee therefor, to be fixed
by the council, but said license fee shall not exceed the amount charged
by the State on said machine.
Twenty-eight: To make and enforce ordinances to regulate, con-
trol, license and/or tax the manufacture, bottling, sale, distribution,
transportation, handling, advertising, possession, dispensing, drinking
and use of alcohol, brandy, rum, whiskey, gin, beer, lager beer, ale,
porter, stout, and all liquids, beverages and articles containing alcohol
obtained by distillation, fermentation or otherwise, provided, how-
ever, that no such ordinances shall be in conflict with any of the pro-
visions of the Alcoholic Beverage Control Act or the general laws of
this Commonwealth with respect to such alcoholic beverages, liquids,
and articles.
Twenty-nine: To do all things whatsoever necessary or ex-
pedient and lawful to be done, for promoting or maintaining the
general welfare, comfort, education, morals, peace, government,
health, trade, commerce, or industries of the town or its inhabitants.
Thirty: To prescribe any penalty for the violation of any town
ordinance, rule, or regulation or of any provision of this charter, not
exceeding five hundred dollars or twelve months’ imprisonment in
jail, or both.
Thirty-one: To prohibit and punish mischievous, wanton, or
malicious damage to school and public property and private property.
Thirty-two: To prohibit from and punish minors for frequenting,
playing in, or loitering in any public poolroom, billiard parlor or
tenpin alley, and to punish any proprietor or agent thereof for per-
mitting same.
Thirty-three: ‘To pass and enforce all by-laws, rules, regulations,
and ordinances which it may deem necessary for the good order and
government of said town, the management of its property, the con-
duct of its affairs, the peace, comfort, convenience, order, morals,
health and protection of its citizens or their property, and to do such
other things and pass such other laws as may be necessary or proper
to carry into full effect, all power, authority, capacity, or jurisdiction,
which is or shall be granted to or vested in said town, or in the council
or officers thereof, or which may be necessarily incident to a municipal
corporation.
Thirty-four: The town of Holland may maintain a suit to re-
strain by injunction the violation of any ordinance, notwithstanding
punishment may be provided for the violation of such ordinance.
Thirty-five: To provide, by ordinance, that where a fine imposed
upon any person for violation of a town ordinance shall not be promptly
paid the official trying the case may, in his discretion, either commit
such person to jail until such fine and costs following the same shall
be paid, but in no case longer than two months, or require him to
work out such fine and costs on the streets or other improvements of
the town at a rate per day equivalent to the prevailing wages for
similar work at that time, in the town of Holland.
Section 4. License may be imposed by ordinance and collected
from business, trades, professions or callings, and upon persons, firms,
associations or corporations engaged therein or offering to do business
within the boundaries of said town, whose principal office is or is not
located in said town, except when prohibited by general law, whether
or not a license may be required therefor by the State, and it may
exceed the State license if any be required.
Licenses may also be imposed upon and collected from persons,
firms, or corporations selling and delivering at the same time at other
than a definite place of business, goods, wares or merchandise, to
licensed dealers or retailers in said town.
For every license issued or transferred under this charter, there
may be prescribed by ordinance a charge or fee, not in excess of
seventy-five cents for issuing or fifty cents for transferring the same;
such charges or fees shall be collected and paid into the town treasury.
Section 5. A lien shall exist on all real estate within the corporate
limits for taxes, levies or assessments in favor of the town, levied or
assessed thereon from the commencement of the year for which the
same was levied or assessed, and the procedure for collecting said
taxes, for selling real estate for town taxes shall be the same as pro-
vided in the general laws of this State. The council shall have the
benefit of all other and additional remedies for the collection of town
taxes which are now, or may hereafter be granted or permitted under
the general law of the State.
Section 6. Administration and government.—The administration
and government of said town shall be vested in one principal officer,
styled the mayor, and six councilmen. The mayor and councilmen
shall be electors of said town to be chosen as hereinafter provided,
from the residents and electors of the town, and whose qualifications
to hold offices, respectively, shall be the same as required of persons
to vote and hold office under the Constitution and laws of the Com-
monwealth of Virginia. The mayor and councilmen shall constitute
the council of said town. A vacancy in the office of mayor or council-
man shall be filled within thirty days, from the electors of the town,
for the unexpired term, by a majority vote of the remaining mem-
bers of the council, provided, however, that a vacancy in the office
of mayor may be filled from their own body by the council.
Section 7. The mayor and councilmen in office at the time of
the passage of this act shall continue in office until the first day of
September, nineteen hundred and forty, or until their successors are
elected and qualified. An election for mayor and councilmen shall
be held on the second Tuesday in June, nineteen hundred and forty,
and every second year thereafter and the mayor and councilmen
elected under this act shall enter upon the duties of their offices the
first day of September next succeeding their election.
Section 8. All elections for the officers of the said town shall be
held and conducted in the manner prescribed by law.
Section 9. The council of the town shall judge of the election,
qualification and returns of its members and if a person returned be
adjudged disqualified or in the event of tie votes, the said council,
upon the written request of one of such candidates, receiving the
same number of votes as another candidate for the same office, the
council shall order a new election to fill the vacancy or break the tie,
said election to be held at the same place, on such day as the council
may prescribe, provided that the written request of any such candi-
date shall be filed with the council within ten days after the election,
otherwise the council may declare a vacancy in such office and fill
the same from the electors of the town by a majority vote of said
council.
Section 10. Notice of candidacy for office shall be given, and the
ballots to be used in any election in the said town shall be prepared,
printed and distributed in the manner prescribed by law.
Section 11. Town officers.—The officers of said town, in addition
to the mayor and councilmen, shall be a treasurer, clerk, sergeant and
at the discretion of the council a deputy sergeant, who with the
exception of the deputy sergeant, shall be electors of the town.
Section 12. The council may, by ordinance, provide for such
other officers, agents and employees as it may deem appropriate, pre-
scribe their duties and fix their compensation.
Section 13. The clerk, treasurer, and sergeant shall be elected by
the council for a term of two years, coincident with that of the council.
The office of treasurer and clerk may be filled by the same person,
but in the event that the said offices shall be combined as herein pro-
vided, then the council may provide for and require an annual audit
of its books.
Section 14. The council shall fix the salaries of the mayor, council-
men, treasurer, clerk, sergeant, deputy sergeant and employees, as
it may deem appropriate at its first meeting in September, which
salary shall be for a period of one year and shall not be increased or
decreased during that period of time, provided, that a salary may be
paid one or more councilmen or a salary in excess of that paid other
councilmen may be paid one or more councilmen, if a majority of the
council determine that additional duties and responsibilities assumed
by such councilman or councilmen, by reason of committee assignment
or otherwise, warrant such salary, and a majority of said council
authorize such additional compensation.
Section 15. The council shall, by ordinance, adopt such rules as
it may deem proper for the regulation of its proceedings and the time
of its meetings.
Section 16. The council may fine a member for disorderly con-
duct and with the concurrence of two-thirds vote of the council expel
a member in accordance with the Constitution and general laws of
the Commonwealth of Virginia. ,
Section 17. A majority of the council shall constitute a quorum for
the transaction of business, but no ordinance or resolution shall be
passed or adopted having for its object the levying of taxes or con-
tracting a debt except by a concurring vote of two-thirds of the mem-
bers of the council.
Section 18. All meetings of the council shall be public unless the
council by a recorded affirmative vote of two-thirds of its members
shall declare that the public welfare demands an executive session of
the council. Any citizen may have access to the minutes.
Section 19. The mayor shall preside at all meetings of the council,
and in the absence of the mayor or inability of the mayor to act, the
president of the council shall preside over said meeting, which officer
shall be the oldest member of the council in point of service. The
mayor shall have no vote except in case of tie. The mayor shall have
the power of veto of the resolutions, acts, and ordinances of the said
council and such resolutions, acts and ordinances, may be passed over
such veto by a two-thirds vote of the members of the council present
and voting.
Section 20. The council, by ordinance, may create the office of
police justice for the town and such police justice may, in so far as it
is not in conflict with the general laws of the State, relating to trial
justices, be granted jurisdiction and powers similar to the jurisdiction
and powers of police justices in cities of this State. The term of office
of such police justice shall not be for a term beyond that of the council
by which he may be appointed.
Section 21. In addition to the taxes, assessments and levies here-
inbefore provided, the council of said town may annually levy a
corporation tax of one dollar per capita per annum upon all citizens
of the town, who have attained the age of twenty-one years, except
such person as may be exempt by law.
Section 22. Requisites for voting in town elections shall be those
prescribed by general law for voting in the towns in the Common-
wealth.
Section 23. Registrars for the town of Holland shall be appointed
in the manner, and shall perform the duties prescribed by general law.
Section 24. The mayor shall be the chief executive officer of the
town; he shall have and exercise all power and authority conferred
by general law on the mayors of towns not inconsistent with this
charter; he shall perform such other duties consistent with his office
as may be imposed by the council; the mayor shall see that the duties
of the various town officers, members of the police and fire depart-
ments, whether elected or appointed, are faithfully performed; he
shall also have the power to suspend such officers and the members of
the police and fire departments and other employees, for misconduct
in office or neglect of duty, until the next regular meeting or special
meeting of the council, when such suspended officer or employee may
present testimony in his defense to said council and the decision of
the council shall be final; in the event of the inability of the mayor to
discharge his duties except as presiding officer of the council, his place
may in the discretion of the council be filled and his duties discharged,
until such disability shall cease, by a member of the council, who
shall be elected by a majority of said council and who shall be desig-
nated mayor protem; he shall be the official head of the town. In
times of public danger or emergencies, he may take command of the
police and maintain order and enforce laws, and for this purpose,
may deputize such assistant policemen as may be necessary. The
mayor or person acting as mayor, shall authenticate by his signature,
such documents or instruments as the council, this charter, or the
laws of the State shall require.
Section 25. The treasurer shall receive all money belonging to
and received by the town and keep a correct account of all receipts
from all sources, and expenditures of all departments. He shall
collect all taxes, levies, licenses, assessments, fees, water rents and
other charges belonging to and-payable to the town and for that pur-
pose he is hereby vested with any and all powers which are now or
may be hereafter vested in county and State treasurers, for the collec-
tion of county, city and State taxes under the general law; he shall
keep and disburse all monies or funds in such manner and in such
places as may be determined by ordinance or the provisions of law
applicable thereto. He shall pay no money out of the treasury except
in the manner prescribed by ordinance or the general law; he shall
perform such duties as are usually incident to the office of commissioner
of revenue in relation to the assessment of property for town taxation
and the town license taxes and shall have power to administer oaths
in the performance of such duties; and shall make such reports and
perform such other duties not inconsistent with the office as may be
required by the mayor or by resolution and ordinance of the council.
The treasurer shall not be entitled to any commission for handling
the funds of the town but shall be paid such salary as may be provided
by the council, and before entering upon the duties of his office shall
execute a bond in such amount and with such security as the council
by ordinance may prescribe. The council may, in its discretion, and
if it deems it necessary or convenient, appoint some person or persons
from the electors of the town to assist the town treasurer in the col-
lection of all taxes and assessments, water rents and other charges
belonging to and payable to the town, which person may be the
sergeant, deputy sergeant, or superintendent of water works, but
before entering upon the discharge of such duties, such person shall
execute a bond in such amount and with such security as the council,
by ordinance, may prescribe.
Section 26. The council may provide that the premium on any
surety bond shall be paid by the town.
Section 27. The town clerk shall be the clerk of the council,
shall attend all meetings thereof and shall keep a record of its pro-
ceedings. He shall keep all papers, documents and records pertaining
to the town, the custody of which is not otherwise provided for. He
shall be custodian of the town seal and shall attest the same, and shall
perform such other duties as are required by general law or by the
council by ordinance or resolution.
Section 28. The town sergeant shall have the same powers and
discharge the same duties as a constable within the corporate limits
of the town and to a distance of one mile beyond the same; he shall
perform such duties as may be required of town sergeants by general
law, and such other duties not inconsistent therewith as may be
required of him by ordinance or resolution of the council.
Section 29. The council may require the attendance of its officers,
agents, appointees or employees at its meetings and may further
require that reports be submitted. ,
Section 30. All fees, costs or charges for making arrests or trying
cases involving violations of town ordinances shall be assessed and
forthwith paid into the town treasury.
Section 31. All the rights, privileges and property of the town
heretofore acquired, now owned or enjoyed, shall continue undimin-
ished and remain vested in the town; and all ordinances, and resolu-
tions of the council now in force and not inconsistent with this act
shall continue in full force and effect until amended or repealed.
Section 32. The enumeration of particular powers and authority
in this charter shall not be deemed nor held to be exclusive but in
addition to the powers herein enumerated, implied hereby or appropri-
ate to the exercise thereof, the said town shall have and may exercise
all other powers which are now or may be hereafter conferred upon or
enjoyed by towns under the Constitution and general laws of this
State.
Section 33. If-any clause, sentence, paragraph or part of this act
shall, for any reason, be adjudged by any court of competent juris-
diction to be invalid, such judgment, order or decree shall not affect,
impair, or invalidate the remainder of the said act, but shall be con-
fined in its operation to the clause, paragraph or part thereof directly
involved in the controversy in which said judgment, order or decree
shall have been rendered.
Section 34. All contracts and obligations heretofore or hereafter
made by the present council and government of the town of Holland
while in office, not inconsistent with this charter or the Constitution
and gerieral laws of this State, shall be, and are hereby declared to be
valid and legal.
2. The charter provided for the said town of Holland by chapter
ten hundred and forty-seven of the acts of the General Assembly of
eighteen hundred and ninety-nine-nineteen hundred, approved March
seventh, nineteen hundred, and all amendments thereof, or of any
part thereof, are hereby repealed. !
3. An emergency existing, this act shall be in force from its
passage.