Chap. 69.—An ACT to provide a new charter for the City of Martinsville; to
validate certain contracts and obligations of the said city ; and to repeal all acts
or parts of acts in conflict with this act, and all former charters of the city of
Martinsville. , [fH B 59]

Approved February 25, 1942

1. Be it enacted by the General Assembly of Virginia, as follows:

CHAPTER I

Section 1. (a) The inhabitants of the City of Martinsville, as its
limits now are, or may be hereafter established, shall continue to be a
body corporate and politic, and as such, shall have, and may exercise all
powers which are now, or may be hereafter, conferred upon or delegated
to cities of its class, under the Constitution and laws of Virginia, as fully
and completely as if herein enumerated in detail, and no enumeration of
particular powers in this charter shall be held exclusive.

(b) The metes and bounds of the said city, as its limits now are,
are as follows, to wit:

Beginning at the northeast corner of Mrs. Sallie C. Booker’s home
lot on the North side of East Church Street, formerly the Danville and
Wytheville Turnpike, the said corner being marked by a brass tablet set
in a concrete post and being stamped “Sallie Booker,” running thence S
19° 10’ E 2779.70 feet to a brass tablet set in a concrete post in the East
edge of “Park View” Avenue, stamped “Park View.”

Thence S 3° 17’ E 5659.97 feet to a brass tablet set in a concrete
post, stamped “Southeast.”

Thence N 79° 08’ 20” W 1182.30 feet to a brass tablet set in a
concrete post in the East edge of Mulberry Road at the corner between
lots twelve and thirteen in block “G” of “Forest Park” Subdivision of
Lanier Farm, Inc., stamped “East Mulberry.”

Thence crossing Mulberry Road N 82° 19’ W 61.36 feet to a brass
tablet set in a concrete post in the West edge of said road, N 10° 14’ 40”
E 34.90 feet from the concrete monument at the North line of an un-
named street in the West edge of said road, stamped “West Mulberry.”
Thence N 77° 32’ 20” W 1558.13 feet to a brass tablet set in a
concrete post, stamped “Silvan Ridge.”

Thence N 13° 12’ W 597.45 feet to a brass tablet set in a concrete
post at the intersection of the East line of the “Old Scuffle Hill Road”
with the East line of the right-of-way of the Winston-Salem Branch of
the Norfolk and Western Railway Company, stamped “Drewry.”

Thence following on the said right-of-way line of said railway
company, a curved line to the left, said curve having a radius of seven
hundred sixty-six and seventy-eight hundredths feet, the arc of said
curve having a length of one hundred and fifty-nine feet, the chord
subtending the said arc being N 63° 04’ E 153.04 feet, to a brass tablet
set in a concrete post at the intersection of the line between the old
“Scuffle Hill” and “Lanier Farm,” said brass tablet being stamped
“Lanier.”

Thence following on the said right-of-way line of said railway
company, a curved line to the left, said curve having a radius of seven
hundred sixty-six and seventy-eight hundredths feet, arc of said curve
having a length of sixty-three and fifty hundredths feet ; the chord sub-
tending the said arc being N 54° 43’ 31” E 63.50, to a brass tablet set ina
concrete post marking the end of the curved portion of the said right-of-
way line of said railway company, the said point being fifty feet from the
center line of the said right-of-way of the said railway company, the
brass tablet marking the said point being stamped “Brown.”

Thence following on the said right-of-way line of the said railway
company, a straight line, fifty feet from, and parallel to the center line of
said right-of-way N 52° 19’ E 484.30 feet to a brass tablet set in a
concrete post opposite the sixty-eighth mile post from Roanoke, stamped
“N. & W. M. P. 68.”

Thence following:on the said right-of-way line of the said railway
company, a straight line, fifty feet from, and parallel to the center line of
said railway company N 52° 19’ E 562.05 feet to a brass tablet set in a
concrete post, marking the beginning of a curve to the left, in the said
right-of-way line of the Railway company, stamped “N. & W. R/W 5.”

Thence following on the said right-of-way line of the said railway
company, a curved line to the left, said curve having a radius of seven
hundred sixty-six and seventy-eight hundredths feet, the arc of said
curve having a length of one thousand, two hundred fifty-one and forty-
two hundredths feet, the chord sub-tending the said arc being N 5° 34’
W 1050.76 feet to a brass tablet set in a concrete post in the said right-
of-way line of said railway company, the said right-of-way line being
marked by brass tablets set in concrete posts planted at one hundred feet
intervals on the arc of the said curved line, and being fifty feet from and
parallel to the center line of the right-of-way of the said railway com-
pany, the said brass tablets being stamped “N. & W. R/W 6-7-8-9-10-11-
12-13-14-15-16-17 and 18” respectively.

Thence following on the said right-of-way line of said railway
company N 48° 46’ E 50 feet to a brass tablet set in a concrete post in
said right-of-way line of said railway company, said point being one
hundred feet from the center line of the right-of-way of the said railway
company, stamped “Walker.” :

Thence following on the said right-of-way line of said railway
company, a curved line to the left, the said curve having a radius of eight
hundred ‘sixteen and seventy-eight hundredths feet, the arc of the said
curve having a length of eighty and fifty-eight hundredths feet, the chord
sub-tending the said arc being N 43° 55’ W 80.53 feet, to a brass tablet
set in a concrete post at the end of the curved portion of the said right-of-
way line of said railway company, the said brass tablet being one hundred
feet from the center line of said right-of-way of said railway company,
said tablet being stamped “Rugg.”

Thence folowing on the right-of-way of the said railway company
N 47° 05’ W 324.27 feet, one hundred feet from, and parallel to the
center line of the right-of-way of said railway company, to a brass tablet
set in a concrete post planted in said right-of-way line, stamped “Craig.”

Thence following on the right-of-way line of the said railway
company S 42° 55’ W 50 feet to a brass tablet set in a concrete post in
the right-of-way line of the said railway company fifty feet from the
center line of the said railway company, stamped “Stone.” ,

Thence following on the right-of-way line of the said railway com-
pany N 47° 55’ W 442.65 feet to a brass tablet set in a concrete post,
passing an iron marker set by the railway. company at three hundred
seventy-five and eleven hundredths feet, said iron marker being the
corner of the lot owned by the Martinsville Novelty Company in the
right-of-day of the said railway company and is fifty feet from the
center line of the said right-of-way, the said brass tablet being stamped
“Bassett.” —

Thence S 13° 05’ 35” W 772.35 feet, passing across the right-of-
way of the said railway company and intersecting the center line thereof
at fifty-seven and sixty-nine hundredths feet, said point being in an
easterly direction two thousand, eight hundred seventy-three and twenty-
six hundredths feet from the sixty-seventh mile post from Roanoke as
located by the said railway company; thence continting on the same
bearing through the factory building of the W. M. Bassett Furniture
Manufacturing Company, the points of ingress and egress being marked
by brass tablets set in the walls of the said factory building at one hun-
dred forty and nine hundredths feet and five hundred seven and thirty-
three hundredths feet, respectively, said brass tablets being marked “City
Limits” “A” and “B,” to a brass tablet set in a concrete post on the
South Bank of Thomas’ Spring Branch, said brass tablet being stamped
“Poplar.”

Thence N 81° 38’ 05” W 7559.63 feet to a brass tablet set in a
concrete post on the West bank of Doe Run Creek, formerly marked by
a Locust post, said brass tablet being stamped “Doe Run.”

Thence N 2° 26’ 25” W 3747.53 feet following on the West edge of
First Street in the plat of the West View Land to a brass tablet set in a
concrete post at the intersection of the said West line of the said First
Street and the North edge of Fayette Street, formerly known as the
“Waller’s Ford Road,” the said brass tablet being stamped “Fayette.”
66 ACTS OF ASSEMBLY [va., 1942

Thence following the line of the North edge of the said Fayette
Street as it meanders N 61° 23’ E 10.41 feet to a brass tablet set in a
concrete post, stamped “James”; thence N 59° 55’ E 34.31 feet to a
brass tablet set in a concrete post, stamped “Wilson” ; thence N 53° 26’ E
105.20 feet to a brass tablet set in a concrete post, stamped “Brent”;
thence N 40° 20’ E 379.93 feet to a brass tablet set in a concrete post at
the intersection of the North line of said Fayette street and the West line
of Alcie Street, stamped ‘West Alcie”; thence N 39° 12’ E 45.71 feet
to a brass tablet set in a concrete post at the intersection of the North line
of the said Fayette Street and the East edge of Alcie Street, stamped
“East Alcie.”

Thence following the line of the North edge of Fayette Street as it
meanders N 36° 57’ E 26.60 feet; N 35° 25’ E 26.60 feet; N 33° 06’ E
26.56 feet; thence N 30° 15’ E 27.33 feet; thence N 26° 27’ E 27.29
feet ; thence N 22° 38’ E 27.30 feet; thence N 20° 40’ E 75.59 feet toa
brass tablet set in an iron pipe, stamped ‘‘Pete Ford” ; thence N 19° 28’ E
80.18 feet to a brass tablet set in a concrete post (placed in a “meter
box’’) at the intersection with the North line of the said Fayette Street
and the West line of United States Route 220, said brass tablet being
stamped “West 220,” thence crossing the said United States Route 220,
N 22° 52’ E 80.08 feet to a brass tablet set in a concrete post at the inter-
section of the North line of said Fayette Street and the East line of
United States Route 220, stamped “East 220.”

All the above bearings and distances being chords sub-tending the
arcs of the curved line of the North edge of the said Fayette Street,
formerly “Waller’s Ford Road.”

Thence following the North line of the said Fayette Street as it
meanders N 21° 29’ E 109.64 feet ; thence N 15° 32’ E 25.13 feet ; thence
N 14° 35’ E 25.07 feet; thence N 16° 55’ E 50.32 feet; thence N 21° 17’
E 25.50 feet; thence N 13° 44’ E 25.10 feet to a brass tablet set in a
concrete post in the North line of the said Fayette Street and the West
line of Glenn Street, stamped ‘West Glenn,” thence crossing Glenn
Street N 9° 55’ E 40 feet to a brass tablet set in a concrete post in the
North edge of the said Fayette Street and the intersection of the East line
of the said Glenn Street, stamped “East Glenn.”

Thence following the North line of the said Fayette Street as it
meanders N 17° 52’ E 25.24 feet; thence N 25° 34’ E 25.96 feet thence
N 29° 18’ E 25.60 feet; thence N 34° 03’ E 27.39 feet ; thence N 40° 56’
E 29.16 feet; thence N 53° 13’ E 34.30 feet; thence N 47° 06’ E 165.11
feet to a brass tablet set in a concrete post in the North line of the said
Fayette Street at the intersection of the West line of Rucker Street,
stamped “Ball Park,” thence crossing the said Rucker Street N 72° 12’
FE 70.32 feet to a brass tablet set in a concrete post in the North line of
the said Fayette Street at the intersection of the East line of the said
Rucker Street, stamped “Rucker”; all of the above bearings and dis-
tances being chords sub-tending the arcs of the curved line of the North
edge of the said Fayette Street.

Thence following the North line of the said Fayette Street N 75° 29’
E 333.50 feet to a brass tablet set in a concrete post, stamped “Hairston.”
cH. 69} ACTS OF ASSEMBLY | 67

Thence following the North line of the said Fayette Street N 67 ° 51’
E 75 feet to a brass tablet set in a concrete post, stamped “‘Massey.”

Thence following the North line of the said Fayette Street N 46° 04’
FE 116.60 feet to a brass tablet set in a concrete post in the North line of
said Fayette Street at the intersection of the West line of Bruce Street,
stamped “West Bruce.”

Thence crossing the said Bruce Street on the North line of the said
Fayette Street N. 46° 04’ E 35.00 feet to the intersection with the East
line of the said Bruce Street at a brass tablet set in a concrete post,
stamped “East Bruce.”

Thence following the North line of the said Fayette Street N 46° 04’
E 319.0 feet to a brass tablet set in a concrete post, stamped “Lottie
King.”

Thence following the North line of the said Fayette Street N 59° 49’
E 300 feet to a brass tablet set in a concrete post at the intersection of
the North line of the said Fayette Street and the West line of Lincoln
Street, stamped “West Lincoln.”

Thence crossing the said Lincoln Street on the North line of the

said Fayette Street N 59° 49’ EF 40.00 feet to a brass tablet set in a con-
crete post at the intersection with the East line of the said Lincoln Street,
stamped “East Lincoln.”
, Thence following the North line of the said Fayette Street N 59° 49’
E 400.00 feet to a concrete monument, stamped “Nine Foot Corner,”
thence N 59° 49’ E 9.0 feet to a brass tablet set in a concrete post in the
North line of said street and the West line of an unnamed street or alley,
stamped “Bryant.”

Thence leaving the North line of the said Fayette Street N 44° 12’
E 253.03 feet to a brass tablet set in a concrete post in the West line of
Armistead Avenue, formerly known as “Jones’ Path,” stamped “West
Armistead,”

‘Thence crossing the said Armistead Avenue N 44° 12’ E 33.18 feet
to the East line of said Avenue at a brass tablet set in a concrete post at
the foot of a stone retaining wall, stamped “East Armistead.”

Thence N 55° 07’ E 2118.59 feet to a brass tablet set in a concrete
post in the West edge of Franklin Street, stamped “Franklin.”

Thence following on the West line of said Franklin Street N 30° 16’
W 136.09 feet to a brass tablet set in a concrete post, stamped “Figsboro.”

Thence following on the West line of said Franklin Street N 32° 46’
W 98.56 feet to a brass tablet set in a concrete post, stamped “Dillard.”

Thence following on the West line of said Franklin Street N 5° 10°
W 90.76 feet to a brass tablet set in a concrete post, stamped “Ravine.”

Thence following on the West line of said Franklin Street, N 2° 43’
W 203.84 feet, twenty feet from and parallel to the center line of the said
Franklin Street, to a brass tablet set in a concrete post, stamped “Turn-
pike.”

Thence following on the West line of the said Franklin Street a
curved line, the arc of the said curve having a radius of five hundred
thirty-three and thirty-eight hundredths feet and having a length of five
hundred -sixty-six and eighty-two hundredths feet, the chord sub-tending
68 ACTS OF ASSEMBLY [va., 1942

the said arc being N 30° 41’ W 500.27 feet to a brass tablet set in a
concrete post, stamped ‘ “Tangent.”

Thence following on the West line of said Franklin Street, N 58°
39’ W 387.80 feet, twenty feet from and parallel to the center line of
said street, to a brass tablet set in a concrete post, stamped “Ruffin.”

Thence following on the West line of the said Franklin Street a
curved line, the arc of the said curve having a radius of three hundred
twenty-four and eighty hundredths feet and having a length of three
hundred sixty-nine and thirty-nine hundredths feet, the chord sub-tending
the said arc being N 27° 43’ W 333.92 feet to a brass tablet set in a
concrete post, stamped ““Townes.”

Thence following on the West line of the said Franklin Street N 3°
13’ E 253.43 feet, twenty feet from and parallel to the center line of
said Street, to a brass tablet set in a concrete post, stamped “Woodson.”

Thence S 74° 06’ W 155.23 feet, leaving the West line of the said
Franklin Street, to a brass tablet set in a concrete post, stamped “Beaver.”

Thence following the “Old Figsboro Turnpike,” as the old traveled
way shows at the present date, N 44° 24’ W 468 feet, passing through
the new power plant of the Lester Lumber Company to a brass tablet
set in a concrete post on the South bank of Jones Creek at the old ford
of the said old Turnpike, stamped “Old Ford”; the said concrete post
is planted on the South bank of Jones Creek fifteen feet from the middle
of the stream.

Thence following up the meanders of the stream of the said Jones
Creek, the traverse thereof being as follows: N 22° 03’ E 37.37 feet;
N 69° 34’ E 447.42 feet, passing under the woodworking plant of the
Lester Lumber Company; N 53° 57’ E 97.79 feet to a brass tablet set
in a concrete post on the South bank of Jones Creek and on the East side
of Franklin Street or Route one hundred eight, at the South end of the
parapet wall of the concrete bridge carrying the said route over the said
Creek. The brass tablet being stamped “L. B. 48”; thence N 67° 54’ E
331.98 feet to a brass tablet set in a concrete post at the mouth of Lester’s
Branch, said post is planted on the South bank of Jones Creek and on
the East bank of said Lester’s Branch, brass tablet being stamped as
follows: “L. B. 47.”

Thence following up the meanders, in a Southerly direction up the
said Lester’s Branch ‘to the forty- second mile post from Danville on the
Danville and Western Railroad, a traverse from the brass tablet in the
concrete post on Jones Creek to the brass tablet in the concrete post at
the forty-second mile post is as follows: S 57° 03’ E 189.50 feet; S 41°
23’ E 256.80 feet; S 3° 15’ E 216.51 feet; S 19° 11’ E 253.61 feet; S
67° 45’ E 109.86 feet; S 18° 48’ E 182.54 feet; S 27° 21’ W 94.21 feet;
S 68° 02’ E 123.99 feet; S 9° 20’ E 131.90 feet; S 27° 05’ E 347.75
feet; S 49° 32’ E 139.30 feet; S 14° 04’ E 108.92 feet ; S 39° 45’ E 191.72
feet ; S 27° 29’ EF 250.98 feet ; S 29° 16’ E 229.10 feet ; S 43° 19’ E 135.02
feet; S 10° 42’ E 184.05 feet; S 65° 54’ E 152.21 feet; S 7° 15’ E 140.77
feet; S 51° 23’ E 86.53 feet; S 10° 25’ E 196.35 feet S 32° 45’ E 155.79
feet; N 78° 30’ E 85.60 feet; S 39° 07’ E 144.10 feet; S 3° 11’ W 113.75
feet; S 46° 32’ E 215.30 feet ; S 19° 26’ E 175.05 feet ; S 56° 08’-E 128.79
feet; S 72° 22’ E 81.90 feet; S 26° 50’ E 100.90 feet ; S 48° 59’ E 143.32
feet; S 34° 49’ E 162.05 feet; S 55° 40’ E 131.85 feet ; S 67° 05’ E 117.14
feet: S 56° 06’ E 176.37 feet; S 49° 06’ E 141.86 feet; N 78° 55’ E
101.90 feet; N 66° 45’ E 147.55 feet; N 85° 38’ E 164.38 feet ; N 87° 58”
E 108.46 feet; N 76° 28’ E 107.50 feet; N 57° 03’ E 106.04 feet ; S 87°
12’ E 257.35 feet: S 66° 3% E 210.89 feet; S 76° 25’ E 209.00 feet; 5
81° 31’ E 173.62 feet. The brass tablets set in the concrete posts planted
at each angle point on the above traverse are stamped “L. B. 47 - L. B.
46 -L. B. 45” -, etc., throughout the traverse. a

Thence following a straight line S 28° 21’ E 846.39 feet, crossing
the center line of the Danville and Western Railway Company to a brass
tablet set in a concrete post at the Northeast corner of the home lot of
Mrs. Sallie C. Booker as is set out and described in paragraph number
one of this description. , (tp

All of the above bearings refer to the True Meridian, and includes
all of the territory previously set out as the corporate limits of the City
of Martinsville in the Charter granted said city by the act of March
thirtieth, nineteen hundred and thirty-six, by the General Assembly, and
also includes the territory annexed to said city by the annexation-pro-
ceedings in the circuit court of Henry county, Virginia, by order entered
in said proceedings on the twelfth day of July, one thousand nine hundred
thirty-nine, in Law Order Book number seven, page five hundred eleven.

Section 2. The administration and government of the said city
shall be vested in the council of the City of Martinsville, and in such
other boards and officers as are hereinafter mentioned, or may be by
law otherwise provided. And it shall.continue to consist of one ward
until such time as it may be subdivided into additional wards in-the
manner prescribed by law. Oo _ 7

Section 3. The council shall be a body politic and corporate, by the
name of the “City of Martinsville,” shall have perpetual succession and
a seal, and by that name may sue and be sued, and plead and be im-
pleaded. .

~ Section 4. The Council shall, by majority vote, appoint a Trial
Justice for the said city, who shall serve for four years from the date
of his appointment and until his successor is appointed by the council
and qualifies. The Trial Justice shall be an attorney at law and qualified
and authorized to practice in the State of Virginia and shall be above the
age of twenty-six years. , ,

Said Trial Justice is hereby vested with all the power, authority and
jurisdiction and charged with all the duties within and for the City of
Martinsville, and in criminal matters for one mile beyond the corporate
limits thereof, which are, or may hereafter be, conferred upon trial
justices by the laws of the State of Virginia, so far as the same may be
applicable and not in conflict with the provisions of this Charter; and
any amendments of the trial justice laws of this State shall be considered
as amendments also of this section: of this Charter, if the same are
applicable hereto. The Trial Justice shall also be the juvenile and domestic
relations judge of said city and his jurisdiction, powers, authority, and
duties shall be the same as are now conferred and imposed upon trial
justices by the laws of Virginia and the amendments thereto or hereafter
enacted.

Fees and costs shall be assessed by the Trial Justice and shall be
collected as provided by the laws of the State of Virginia relating to
trial justices as the same shall now be or as hereafter amended. All fees
and costs collected by the said trial justice and all fines collected for
violations of all laws and ordinances of the city shall be paid into the city
treasury for the use and benefit of the city.

Removals may be taken, and appeals from the decisions of the

Trial Justices may be taken, to the Circuit Court of the City of Martins-
ville, or the corporation court of the said city, in the same manner, upon
the same terms, and shall be tried in the same way as removals, or as
appeals from the decision of trial justices are now provided to be taken
and tried by the laws of the State of Virginia, relating to trial justices,
or as the same shall be hereafter amended.
, The Council of said city shall provide a salary to compensate such
Trial Justice in such amount and payable at such times as the Council
shall deem proper, and the Council may provide also for a vacation
period, either with or without pay, and for such duration, as in the
judgment of the Council may be proper.

The Council shall in the same manner appoint a substitute Trial
Justice for the city, whose term of office shall run concurrently with that
of the Trial Justice, and whose qualifications shall be the same as those
imposed on and required of the Trial Justice. He shall act for and in the
place of the Trial Justice when the Trial Justice is absent from the City,
or unable to perform his duties for any reason; and when such substitute
acts, he shall receive the compensation which would have been paid the
Trial Justice had the Trial Justice acted, and which compensation shall
be deducted from the salary or allowance made to the Trial Justice.

The Council may, by ordinance, impose upon the Trial Justice such
other duties as it may deem proper and expedient, including the time
and place of holding Court. ,

The Trial Justice shall not practice law in the trial justice court, but
this provision shall not apply to the substitute. The Trial Justice, during
his term as such, shall hold no other municipal office, nor shall he be
eligible to hold any Federal or State political office.

Subject to the provisions of this Charter, the Trial Justice shall be
under the general supervision of the Circuit or Corporation Court of the
City or if there be two or more such courts, then the one exercising
criminal jurisdiction is hereby designated.

The Trial Justice and the substitute shall, before assuming office,
give bond in like manner as provided for trial justices under the laws of
Virginia.

The Council may also provide by ordinance for the appointment of
a clerk of the trial justice court, whose term of office, qualifications,
duties, liabilities, and compensation shall be provided for in such ordi-
nance and amendments thereto.

Nothing contained herein shall prevent the City of Martinsville
from combining with the county of Henry for the use of one Trial Justice
and one Substitute Trial Justice for such combined city and county, in
such manner as may be provided by the laws of the State of Virginia
relating to trial justices; and if the City of Martinsville and county of
Henry shall at any time combine for the use of one Trial Justice and one
Substitute Trial Justice, for the said city and the said county, the laws
of the State of Virginia relating to trial justices, so far as applicable,
shall control and not this section of this Charter ; provided, however, that
the combination of the said city with the said county for the use of one
Trial Justice and one Substitute Trial Justice shall not prevent the
Council of the city at any time thereafter it shall desire so to do from
withdrawing the City of Martinsville from such combination by a vote
of the council and appointing a Trial Justice and a Substitute Trial
Justice for the City of Martinsville under the provisions of this Charter,
notwithstanding anything in the Trial Justice laws of Virginia to the
contrary.

Section 5. The municipal officers of said city shall, from the date
this Charter becomes effective and thereafter, consist of a mayor, eight
councilmen, and three Justices of the Peace elected at large, a city ser-
geant, a commissioner of revenue, a city treasurer, a Commonwea!th’s
Attorney, and a clerk of the circuit court, elected by the qualified voters
of said city, and such additional officers as are provided for or may be
provided for by the council.

Section 6. There is hereby created and established a circuit court
for the City of Martinsville, which shall be held and presided over by
the judge of the Seventh Judicial Circuit, which Court shall assume its
jurisdiction and functions on the third Monday in April, 1942. The
Court or the Judge thereof, shall have the same jurisdiction, duties, and
powers in all respects within the corporate limits of the said city that the
circuit courts of cities of the first class in this Commonwealth have within
their respective cities, and such jurisdiction, duties, and powers as are
conferred on said Court by general law and by this Charter. The terms
of said Court shall be not less than four in each year and shall begin on
the second Monday in January, April, July, and October; but the Judge
of said Court may from time to time change the day for the commence-
ment of such terms or any of them. The terms of said court shall be
held in the Court room of the city provided by the Council for such
purposes.

The City shall pay to the Judge of the Circuit Court of the City of
Martinsville a salary of not less than Five hundred dollars per year to
be fixed by the Council in addition to its pro rata part of the regular
salary of said Judge as fixed by general law. But should a corporation
court be established also for said city, then the city shall not be required
to pay any extra salary to the Judge of the circuit court over and above
the pro rata share fixed by general law.

On the date this provision becomes effective, all criminal cases on
the docket or pending in the Circuit Court of Henry County awaiting
trial which would have been within the jurisdiction of the circuit court of
the city, had there been such a Court, shall be transferred to the Circuit
Court of said City for further proceedings, together with all the papers,
orders, and pleadings in said cases.

All other cases, suits, and causes pending in the said circuit court
of Henry County which would have been within the jurisdiction of the
circuit court of the city, had there been such a court, shall remain in the
circuit court for Henry county for final disposition, unless removed for
some other cause. , ,

Additional jurisdiction, powers, duties, et cetera, of the circuit
court: The circuit court of the City of Martinsville shall have jurisdiction
to hear and determine civil motions and causes of law and equity aris-
ing within the said city. The said circuit court shall have and exercise
criminal jurisdiction over all offenses committed within the said city and
concurrent jurisdiction with the circuit court of the adjoining county of
offenses committed within one mile of the corporate limits of said city.
The jurisdiction over criminal offenses committed within the corporate
limits of the city shall be exclusive of all other courts of original jurisdic-
tion, except misdemeanors, which shall be tried before the trial justice of
the said city subject to the right of appeal to the said circuit court as pro-
vided by law. The said circuit court shall have exclusive, original juris-
diction over all matters of probate and administration arising within the
corporate limits of said city, and the judge thereof in vacation, may act
upon such matters, or any matters, where authorized under general law.
The said court, and the judge thereof, shall have, possess, and exercise
the same jurisdiction, powers, and duties over all matters generally as
are, by statute and general law, vested in, conferred and imposed upon,
corporation courts and judges thereof in cities of the first class. The said
circuit court, or the judge thereof in vacation, shall have and exercise
general control over rooms in use in the municipal building of said city
by such court and the clerk’s office thereof, together with such additional
rooms as may be assigned or set apart for the said court and the clerk’s
office thereof by resolution of the city council, and no other. ,

Section 7. (a) The present mayor, sergeant, commissioner of the
revenue, city treasurer, and the three justices of the peace, shall continue
in office until the expiration of the terms for which they were respectively
elected. The mayor, sergeant, commissioner of the revenue, the city
treasurer, and the three justices of the peace shall be elected at the time,
in the manner and for the term provided by law. The terms of the eight
councilmen holding office upon the effective date of this Charter which
expire on the first day of September, nineteen hundred and forty-two,
shall continue until the expiration thereof; and at an election to be held
on the second Tuesday in June, nineteen hundred and forty-two, eight
councilmen shall be elected whose terms of office shall begin on September
first, nineteen hundred and forty-two.

The four councilmen who receive the highest number of votes shall
be elected for a term of four years, and the four councilmen of the eight
elected who receive the lowest number of votes of those elected shall be
elected for a term of two years, and thereafter on the second Tuesday in
June of each succeeding two years there shall be elected four councilmen
to fill the vacancies created by the expiration of the terms of office of the
councilmen whose terms of office expire that year. All councilmen elected
at regular elections held after the nineteen hundred and forty-two coun-
cilmanic election shall be elected for terms of four years from the first day
of September following their election on the second Tuesday in June
and they shall serve until their successors shall have been elected and
qualified in the manner provided by law.

The Council may fill any vacancy that may occur in said council
for any unexpired term. Each member of the city council shall receive ten
dollars for each regular or special meeting he attends, provided however
that the annual compensation paid to any councilman shall not exceed
three hundred dollars for his services as such. The council shall hold
regular meetings at least twice each month.

(b) There is hereby created the office of Commonwealth’s Attorney
for the City of Martinsville, who shall be the Commonwealth’s Attorney
for the circuit court of said city and such other courts in said city as may
be established by the General Assembly. The duties of the Common-
wealth’s Attorney shall be those defined and set out by law and in addi-
tion thereto, it shall be his duty to prosecute misdemeanants and violators
of city ordinances in the trial justice or police court when requested to do
so by the mayor or chief of police and shall prosecute all criminal cases
appealed from said court to the circuit or corporation court of the city.

(c) There shall be a clerk of the circuit court in whose office deeds
shall be admitted to record. The clerk of the circuit court of said city
shall have and possess-all and singular the authority, power, and privi-
leges, and be subject to the limitations, and shall discharge all and singular
the duties provided by law for clerks of circuit courts in cities of the first
class in this Commonwealth in which both circuit and corporation courts
are established.

The clerk of the circuit court shall have and possess all the authority,
powers, and privileges and shall be subject to the limitations, and shall
discharge all and singular the duties, usually devolving upon and provided
by law for clerks of corporation courts in cities of the first class in this
Commonwealth where such courts are established.

(d) A special election shall be held in the City of Martinsville
on the second Tuesday in April, nineteen hundred and forty-two, at which
election the qualified voters of the city who were qualified to vote at the
regular November election in nineteen hundred and forty-one shall elect
a Commonwealth’s Attorney and a clerk of the circuit court for the
City of Martinsville, at which time the Commonwealth’s Attorney shall
be elected for a special term to begin on the third Monday in April, nine-
teen hundred and forty-two, which term shall end on December thirty-
first, nineteen hundred and forty-five, and at the next succeeding general
election to be held on Tuesday after the first Monday in November, nine-
teen hundred and forty-five, and every four years thereafter the quali-
fied voters of the city shall elect a Commonwealth’s Attorney for the city
whose term of office shall begin on January first next after the election.

At said special election the clerk of the circuit court shall be elected
for a special term to begin on the third Monday in April, nineteen hundred
and forty-two, which term shall end on January thirty-first, nineteen
74 ACTS OF ASSEMBLY [va., 1942

hundred and forty-seven, and at the next succeeding general election to be
held on Tuesday after the first Monday in November, nineteen hundred
and forty-five, and every eight years thereafter the qualified voters of the
city shall elect a clerk of the circuit court of the city whose term of office
shall begin on the first day of February of the second year after such
election.

It is hereby made the duty of regular election officers of said city to
prepare the ballots and provide for said special election in accordance
with this act and such special election shall be conducted in the manner
prescribed by law for the conduct of regular elections. Returns of the
special election shall be certified by the commissioners of election or
their clerk to the judge of the circuit court having jurisdiction in the city.

Section 8. The supervision of the public schools in the city shall be
vested in a school board composed of not less than three nor more than
five qualified voters of the city appointed by the council. Vacancies on
the said board shall be filled by the council. ,

Section 9. All municipal officers of the city, before entering upon
the duties of their respective offices, shall be sworn in accordance with the
laws of the State by any one authorized to administer oaths under the
laws of the State. If any person elected or appointed to any office in said
city shall neglect to take such oath on or before the day on which he is
to enter upon the discharge of the duties of his office, or shall for twenty
days after the beginning of his term of office, fail to give such bond as
may be required of him by the council, a vacancy in said office shall then
exist.

CHAPTER II
Mayor and Vice-Mayor

Section 10. The mayor shall preside at the meetings of the council
and perform such other duties as may be prescribed by this charter or as
may be imposed by the council, consistent with his office. He shall have
no power to veto. He shall be recognized as the official head of the city
for all ceremonial purposes, by the courts for the purpose of serving civil
process, and by the Governor for military purposes. In time of public
danger or emergency he may take command of the police, maintain order
and enforce the law. Such course of action shall be subject to review by
the council.

The mayor shall have no right to vote in the council except that in
every case of a tie vote of the council, the mayor shall be entitled to vote
and his vote in case of a tie only shall have the same weight and effect as
the vote of a councilman. .

Except as provided in section seventy-three, chapter eleven of this
charter, the mayor shall have no power to suspend, remove, or discharge
any officer, agent, or employee of the city, nor shall he have any power or
authority to appoint or employ any officer, agent or employee of the city
nor to fix the term of office or employment, or the compensation or to
increase or decrease the power and authority of any officer, agent, or
employee of the city.
The council shall provide for a salary to be paid the mayor for his
services as such, which salary shall not be less than the sum of six hundred
dollars per annum, provided however, that any increase in the salary of the
mayor shall be fixed by the majority vote of the council at least ninety
days before the regular election and such increase shall not take effect
until the beginning of the new term, beginning on September first, follow-
ing the June election.

Section 11. The council shall at its first meeting in September, nine-
teen hundred and forty-two, and biennially thereafter following the regu-
lar municipal election, choose one of its members as vice-mayor. The vice-
mayor shall perform the duties of the mayor during his absence or dis-
ability. In the event of the death, removal or resignation of the mayor,
the council shall choose one of the councilmen or some other qualified
voter of the City of Martinsville who shall serve as mayor until the next
succeeding municipal election, at which time a successor shall be elected
by the qualified voters of the City of Martinsville to fill the office of mayor
for the remainder of the unexpired term. Should a member of the coun-
cil be chosen to serve as mayor until the next municipal election such
councilman shall be deemed to have surrendered his office of councilman
forthwith upon his qualification as mayor and his office of councilman
shall thereupon be vacant. The vacancy thereby created in the council
shall be filled by the council as provided in section seven hereof. ,

CHAPTER III
The Council

Section 12, The council of the city shall be composed of eight mem-
bers. They shall be elected by the popular vote of the qualified voters of
the city.

Section 13. The council shall, by ordinance, fix the time for their
stated meetings. Special meetings shall be called by the clerk of the coun-
cil upon the written request of the mayor, or any three members of the
council; no business shall be transacted at a special meeting but that for
which it shall be called, unless the council are unanimous. The meetings of
the council shall be open to the public, except when the public welfare
shall require executive sessions. No ordinance shall be passed on the
same day it is introduced unless a majority of the council shall declare an
emergency to exist.

If any member of the said council shall be voluntarily absent from
three regular meetings of the council consecutively, his seat may be
deemed vacant by resolution of the council, and thereupon his unexpired
term shall be filled according to the provisions of this act.

Section 14. The council shall appoint a clerk to serve at the will
of the council, and shall have authority to adopt rules and appoint such
officers and committees as they may deem proper for the regulations of
their proceedings and for the convenient transactions of business ; to com-
pel the attendance of absent members; and enforce orderly conduct of
meetings.
76 ACTS OF ASSEMBLY [va., 1942

The council shall keep a minute book, in which the clerk shall note
the proceedings of the council, and shall record said proceedings at large
on the record book, and keep the same properly indexed. Nothing herein
shall be construed to prohibit the clerk of the council from serving as a
deputy clerk of the circuit court of the city.

Section 15. A majority of the members of the council shall con-
stitute a quorum for the transaction of business ; but no ordinance shall be
passed or resolution adopted having for its object the appropriation of
money, or the levy of taxes and licenses, except by the concurrence of at
least five members. No vote or question decided at a stated meeting shall
be reconsidered at a special meeting unless all members are present and
six of them concur.

CHAPTER IV
City Superintendent

Section 16. The council shall appoint a city superintendent, who
shall be the chief administrative officer of the city. The superintendent
shall be chosen by the council solely on the basis of his executive and ad-
ministrative qualifications and need not, when appointed, be a resident
of the city or the State. No member of the council shall, during the time
for which elected, be chosen as city superintendent. The superintendent
shall be appointed for an indefinite term, but shall be removable at the
pleasure of the council. Before the superintendent may be removed he
shall, if he so demand, be given a written statement of the reasons alleged
for his removal and the right to be heard publicly thereon at a meeting of
the council prior to the final vote on the question of his removal, but
pending arid during such hearing the council may suspend him from of-
fice. The action of the council in suspending or removing the superintend-
ent shall be final, it being the intention of this charter to vest all authority
and fix all responsibility for such suspension or removal in the council.
In case of the absence or disability of the superintendent, the council may
designate some qualified person to perform the duties of the office during
such absence or disability.

Section 17. (a) The city superintendent shall be responsible to
the council for the proper administration of all affairs of the city placed
in his charge by the council and shall perform such duties and have such
powers and authority as the council may from time to time confer upon
him by resolution or ordinance, or which may be conferred upon him
by this charter.

(b) Except as otherwise provided in this charter, the city super-
intendent, subject to the consent of the city council, may appoint or em-
ploy and he may remove or discharge such officers, employees and as-
sistants as may be necessary to carry on the work in those departments
of the city committed to him by ordinance, in all of their respective de-
tails, in an economical and satisfactory manner. The salaries and terms
of office or employment of such officers, employees and assistants shall
be fixed by the city superintendent, subject to the approval of the city
council. His action in all respects shall be subject to review by the council
and he shall be accountable to the city council only.
Powers of Council

Section 18. The council of the city shall have general power over
ll officers and employees of the city as provided in this charter. The
ower and authority of the council shall, in addition to those mentioned
nd authorized by this act, be such as are prescribed by law.

Section 19. The council of the city shall have, subject to the pro-
risions of this act, the control and management of the fiscal and municipal
:ffairs of the city, and of all property, real and personal, belonging to said
‘ity, and may make such ordinances and by-laws relating to the same as
hey shall deem proper. The council shall in addition to other powers
siven by law, have power to make such ordinances, orders, by-laws and
regulations as they may deem proper and necessary to carry out the fol-
lowing powers, which are hereby vested in them:

First, To establish a market in and for said city, provide for the
appointment of proper ofacers therefor, prescribe the time and places
for holding the market, provide suitable grounds and buildings therefor,
and enforce such regulations as shall be necessary and proper to prevent
huckstering, forestalling, or regrating. ,

Second. To erect and keep in order all public buildings necessary
and proper for the city, to erect and maintain either within or without
the city, a city prison or prison farm, or both, for the safe-keeping of all
persons who may be confined therein, and to establish a prisoner labor
force and require offenders to work thereon. i

‘Third. To establish, maintain, and operate water-works and sewer
systems within and without the city ; to contract and agree with the own-
ers of any land for the use of and purchase thereof, or have same con-
demned according to law, for the location, extension, or enlargement 0!
the said works, the pipes connected therewith, and the fixtures or ap:
purtenances thereof; and to protect from injury by ordinance, prescrib:
ing adequate penalties, the said works, pipes, fixtures, and land, or any

thing connected therewith, whether within or without the limits of the
said city.

Fourth. To open, extend, widen, or narrow, lay out, graduate, curb
and pave, and otherwise improve streets, sidewalks, and public alleys 11
said city, and have them kept in good order and properly lighted ; in orde
to properly light the streets of said city, the council may erect and operat
such number of lamps and fixtures thereto belonging as they may deen
necessary; they may build bridges in and culverts under said streets, an
may prevent or remove any structure, obstruction, or encroachment ove!
or under, or in any street, sidewalk, or alley in said city, and may perm:
shade trees to be planted along said streets; but no person shall occup
with his works, or any appurtenances thereof, the streets, sidewalks, c
alleys of the city, without the consent of the council, duly entered upo
its records. | ,

Fifth. To prevent the cumbering of streets, sidewalks, alleys, lane
or bridges in the city in any manner whatever.
sixth. To determine and designate the route and grade of an
public utility laid out in said city.

Seventh. To make provisions for and regulate weights, measure
and standards.

Eighth. To secure the inhabitants from contagious, infectious, o
other dangerous diseases; to establish, erect, and regulate hospitals; t
provide for and enforce the removal of patients to said hospitals; to ap
point and organize a board of health for said city, with the necessary au
thority for the prompt and efficient performance of its duties.

Ninth. To require and compel the abatement and removal of al
nuisances within the said city, at the expense of the person or person
causing the same, or the owner or owners of the ground whereon the sam:
shall be; to regulate or prevent slaughter-houses, soap factories, cand]
factories within the city, and the exercise of any dangerous, offensive o:
unhealthy business, trade or employment therein, and to regulate the
transportation of coal, explosives, garbage, and other articles through the
streets of the city.

Tenth. If any ground in said city shall be subject to be coverec
with stagnant water, or if the owner or owners, occupier or occupier:
thereof shall permit any offensive or unwholesome substance to remain
or accumulate thereon, the council may cause such grounds to be filled,
raised, or drained, or may cause such substance to be covered or to be
removed therefrom, and may collect the expense of so doing from the
Owner or owners, occupier or occupiers, or any of them (except in cases
where such nuisance is caused by the action of the city authorities or
their agents, or by natural causes beyond the control of the owner or
occupant, in which case the city shail pay the expense of abating the
same), by distress and sale in the same manner in which taxes levied
upon real estate for the benefit of said city are authorized to be collected ;
provided, that reasonable notice and an opportunity to be heard shall be
first given to said owners or their agents. In case of non-resident owners
who have no agent in said city, such notice shall be given by publication
it least once a week for not less than four consecutive weeks in any news-
saper having general circulation in the said city. ,

Eleventh. To regulate and direct the location and construction of
ll buildings for the storage of gun powder, explosives and combustible
ubstances ; to regulate the sale and use of gun powder, explosives, fire-
rackers, fireworks, kerosene oil, gasoline, or other combustible material ;
o regulate or prohibit the exhibition of fireworks, the discharge of fire-
ms, the use of lights or candles in barns and stables and other outbuild-
ngs within the city, and to restrain the making of bonfires within the city.

Twelfth. To prevent hogs, cows, horses, dogs and other animals
rom running at large in the said city, and to sub ject the same to such con-
scation, regulations, and taxes as they may deem proper.

Thirteenth. To regulate the riding and driving of horses and other
nimals and the operation of motor and other vehicles, but not in conflict
ith State law; to prevent the throwing of stones or engaging in any
mployment or sport on the streets, sidewalks, or public allevs. danoerniie
or annoying to persons; and to prohibit and punish the abuse or cruel
treatment of horses and other animals in said city.

Fourteenth. To restrain and punish drunkards, vagrants, and street
beggars; to prevent vice and immorality; to preserve the public peace
and good order; to prevent and quell riots, disturbances and disorderly
assemblages ; to suppress houses of ill-fame and gambling houses, and to
prevent and punish lewd, indecent and disorderly conduct or exhibitions
in said city. ,

Fifteenth. To prevent the coming into the city of persons having no
ostensible means of support, and of persons who may be dangerous to the
peace and safety of the city.

Sixteenth. To acquire, by condemnation, purchase or otherwise,
provide for, maintain, operate and protect aircraft landing fields, either
within or without the corporate limits of the city.

Seventeenth. To do all things whatsoever necessary or expedient for
promoting or maintaining the general welfare, comfort, education, morals,
peace, government, health, trade, commerce, and industries of the city,
or its inhabitants, not in conflict with the general laws of Virginia and the
Constitution of the State.

Eighteenth. To own, operate and maintain electric light and/or
gas works, either within or without the corporate limits of the city for the
generating of electricity and/or the manufacture of gas for illuminating,
power and other purposes, and to supply the same, whether said gas
and/or electricity be generated or purchased by said city, to its customers
and consumers both within and without the corporate limits of the said
city, at such price and upon such terms as it may prescribe, and to that
end it may contract with owners of land and water power for the use
thereof, or may have the same condemned, and to purchase such electricity
and/or gas from the owners thereof, and to furnish the same to its cus-
tomers and consumers, both within and without the corporate limits of
the said city at such price and on such terms as it may prescribe.

Nineteenth. To establish, impose and enforce water, light, and
sewerage rates and rates and charges for public utilities, or other service,
products or conveniences, operated, rendered or furnished by the city;
and to assess, or cause to be assessed, water, light and sewerage rates
and charges against the proper tenant or tenants or such persons, firms,
or corporations as may be legally liable therefor ; and the council may by
ordinance require a deposit of such reasonable amount as it may by such
ordinance prescribe, before furnishing any of said services to any person,
firm or corporation, but nothing herein shall be construed as conferring
upon said council authority to regulate rates and charges of public utili-
ties which are subject to the jurisdiction of the State corporation com-
mission.

Twentieth. Subject to the provisions of the Constitution of Vir-
ginia and of this charter, to grant franchises for public utilities under
terms and conditions to be fixed by the council.

Twenty-first. To divert the channels of creeks and flowing streams
and for that purpose to acquire property by condemnation.
80 ACTS OF ASSEMBLY [va., 1942

Twenty-second. To require owners of property abutting on pub-
lic sidewalks to remove snow therefrom and to provide penalties for a
failure to do so.

Section 20. The council is empowered to acquire lands to be used
as a place for the burial of the dead. The said council shall have the power
to prescribe and enforce all needful rules and regulations not inconsistent
with the laws of the State for the use, protection, and ornamentation of
the cemetery ; to set aside, at their discretion, by metes and bounds, any
portion thereof for the interment of strangers and the indigent poor ; to
divide the remainder into burial lots, and sell or lease the same, and
to execute all proper deeds or other writings in evidence of such sale or
lease, and to prescribe what class or conditions of persons shall be ad-
mitted to interment in the cemetery. The cemetery, when established
and enclosed, with the property included in it, shall be exempt from all
State, county, and municipal taxation.

Section 21. The council shall set aside, or cause to be set aside, a
sufficient portion of the revenues of the city during each fiscal year to
meet the sinking fund requirements for that year of the respective city
ordinances, both those now in effect and such as may be passed in-the
future, authorizing the issuance of bonds by the city. Unless otherwise
provided in the ordinances passed prior to the effective date of this char-
ter authorizing the issuance of bonds, all sinking funds of the city shall
be administered by the board of sinking fund commissioners created by
section twenty-six of this charter who shall collect, maintain and handle
the same in the manner provided by section twenty-six hereof. None of
the sinking funds of the city shall be appropriated or used for any pur-
pose other than the retirement of the bonded indebtedness of the city.
| Section 22. Where, by provisions of this act, the council have
authority to pass ordinances on any subject, they may prescribe any
penalty not exceeding twelve months in jail or a fine not exceeding five
hundred dollars, either or both, for a violation thereof, and may provide
that the offender, on failing to pay the penalty recovered and costs shall
be imprisoned in jail or prison farm of the city for a term not exceeding
sixty days, which penalties may be prosecuted and recovered with costs
in the name of the City of Martinsville, or shall compel them to work on
the streets or other public improvements of the said city. The council shall
also have the right to establish prisoner labor force in which they may
require persons convicted of violations of city ordinances, to work on the
streets and other public grounds of the city, and the further right to deal
with the State for the use and employment of persons convicted of viola-
tions of State laws. , : 3

Section 23. The city council shall not take or use any private prop-
perty for streets or other public purposes without making the owner
thereof just compensation for the same; but in cases where the council
cannot by agreement obtain title to the ground for such purposes the
council may exercise the power of eminent domain, as provided by law.

Section 24. In every case where a street in said city has been, or
shall be, encroached upon by any fence, building or otherwise, the coun-
cil may require the owner to remove the same, and if such removal be
not made within the time prescribed by the council, they may impose such
penalty as they deem proper for each and every day it is allowed to con-
tinue thereafter, and may cause the encroachment to be removed, and
collect from the owner all reasonable charges therefor, with costs by the
same process that they are hereinafter empowered to collect taxes.

Except, in case where there is a bona fide dispute as to the true
boundary line or the location of the true street line (and if such passage
over such street is not seriously impeded) the same shall be first estab-
lished and determined by an adjudication of a court of competent juris-
diction in a proceeding instituted by either the city or the property owner
for that purpose before the said city shall take any steps to remove the
said obstruction or encroachment, or to impose any penalty therefor. No
encroachment upon any street, however long continued, shall constitute
any adverse possession to or confer any rights upon the persons claiming
thereunder as against the said city.

Section 25. Dedication of any street, alley or lane in said city may
be made by plat or deed. Any street or alley reserved in the division or
subdivision into lots of any portion of the territory within the corporate
limits of said city, by a plan or plot of record, shall be deemed and held
to be dedicated to public use, unless it appears by said record that the
street or alley so reserved is designated for private use. The council
shall have the right to elect, by resolution entered on its minutes, whether
it will, or will not accept the dedication of any street or alley.

Section 26. Whenever by act of the Assembly or by ordinance of
the council, the necessity of collecting, maintaining and handling a sink-
ing fund for the retirement of city obligations may arise, the mayor, the
vice-mayor, and the city treasurer shall be, and the same are hereby,
constituted a board of sinking fund commissioners, who are authorized
to invest such sinking funds in bonds of the United States Government,
those of the City of Martinsville, and such other municipal or county
bonds issued by the cities or counties in Virginia as shall meet the ap-
proval of the council, and to collect, care for, and reinvest the interest
or income accruing from the same as may be directed by the city council
by resolution or ordinance. Subject to the provisions of this charter and
of the general law of the State, any action which the board of sinking
fund commissioners shall take shall be controlled by the affirmative vote
of at least two members thereof. No fees nor commission shall be paid
to any officer for the handling and control of the sinking fund.

The board of sinking fund commissioners shall have complete
charge of all insurance funds, pension and relief funds, and all other
funds which may be created under authority of the council. The sinking
fund commissioners shall each give bond payable to the City of Martins-
ville in such amount as the council shall prescribe and with sufficient
security to be approved by the council, for the faithful discharge of their
duties as sinking fund commissioners before entering upon their duties.

Section 27. The council may appoint, in addition to those herein
provided for, such officers and clerks as they may deem necessary, and
define their powers, prescribe their duties and fix their compensation.
The council may take from any officer, whether elected or appointed by
them a bond, with surety, to be approved by the council, in such penalty
as it may deem proper payable to the city, with condition for the faithful
discharge by the said officer, of the duties of his office. The city treasurer,
Commonwealth’s attorney, commissioner of the revenue, and clerk of
the court shall hold no other office appointed or elected by the council.

Section 28. The clerk of the council shall attend the meetings of
the council, shall keep a record of its proceedings, and shall have the
custody of the seal of the said city. He shall keep all papers that by the
provisions of this act, or the direction of the council, are required to be
filed with or kept by him. Immediately after the close of each session of
the city council, he shall make and present to the mayor and city super-
intendent a transcript of every ordinance, resolution or order concerning
any public improvement, or for the payment of money, and every ordin-
ance, resolution, order and act of legislative character passed by the city
council at such session. He shall, in like manner, give notice to all persons
presenting communications or petitions to the city council of the final
action of the council on such communications or petitions. He shall
publish such reports and ordinances as the city council may direct, and
shall in general perform such other acts and duties as the council may
from time to time require of him.

Section 29. In addition to all the other powers mentioned in this
charter, the city shall have power to raise annually by taxes and assess-
ments in said city on all subjects the taxation of which by cities is not
forbidden by general law, such sums of money as the council herein
provided for shall deem necessary for the purposes of said city, and in
such manner as said council shall deem expedient, in accordance with
the Constitution and laws of this State and of the United States; pro-
vided, however, that said tax shall not exceed the sum of two dollars and
twenty-five cents on the hundred dollars of assessed value of real and
personal property subject to taxation by the city.

Section 30. The city council may levy a tax or a license on any
person, firm, or corporation conducting any business, employment or
profession whatsoever in the city, except when prohibited by general
law, whether a license may be required therefor by the State or not, and
may exceed the State license, if any be required.

Section 31. Any payment of delinquent taxes made by the tenant
unless under an expressed contract contained in his lease, shall be a
credit against the person to whom he owes the rent.

Section 32. The council may require of owners of motor vehicles,
trailers and semi-trailers, residing in, or having a place of business in
the city in which business the said motor vehicle is used, licenses for the
privilege of operating such vehicles in the city, such licenses to be issued
and the fees therefor fixed by the council.

Section 33. All goods and chattels wheresoever found, may be
distrained and sold for taxes assessed and due thereon, and no deed of
trust nor mortgage upon goods and chattels shall prevent the same from
being distrained and sold for taxes.
cH. 69] ACTS OF ASSEMBLY 83

Section 34. There shall be a lien on real estate for the city taxes
as assessed thereon from the commencement of the year for which they
were assessed. The council may require real estate in the city delinquent
for the non-payment of city taxes to be sold for said taxes, with interest
thereon at the rate of six per centum per annum, and such per centum
as the council may prescribe for charges, Such real estate may be sold
and may be redeemed in the manner provided by law; provided that at
any such sale, where no person bids the amount chargeable on any such
real estate, it shall be lawful for the treasurer to purchase the same for
the benefit of the city upon the same terms and conditions prescribed by
general law, for the purchase of delinquent real estate by the treasurer
for the benefit of a city or town, respectively.

Section 35. The city council may create and maintain a fire de-
partment for the city and it shall be the duty of the employees of this
department to stand ready at all times to answer alarms of fire and
make every effort to extinguish fires and protect lives and property. It
shall also be the duty of the employees of the fire department to make
periodic inspections of the buildings and premises in the city for fire
hazards, and have corrected any situation tending to create a fire hazard,
when ordered so to do by the council or the city superintendent. The
employees of the fire department shall have special police powers when
responding to alarms of fire and when making inspections for fire
hazards. The city council may provide and maintain all necessary fire
fighting apparatus, equipment, and alarm systems, and make such
ordinances as it may deem proper and necessary to extinguish and
prevent fire, to regulate the operation of the fire department, and may
require citizens to render assistance to the fire department in case of need.

Section 36. For the purpose of guarding against the calamities
of fires, the city council may, from time to time, designate such portions
and parts of the city as it deems proper within which buildings of wood
may or may not be erected. It may prohibit the erection of wooden
buildings or buildings of inflammable material in any portion of the
city without its permission, and may provide for the removal of such
buildings or additions which shall be erected contrary to such prohibition
at the expense of the builder or owner thereof; or if any building in
process of erection or already built appears clearly to be unsafe the
council may cause such building to be taken down, after reasonable notice
to the owner; and the council may, by proper ordinance, divide the city
into zones; specify the kind and character of buildings which may be
erected in the different zones; provide for the disposition of garbage and
waste; provide precautionary measures against danger from fires; pro-
vide for the removal of buildings or structures of any kind, erected
in violation of ordinances, at the expense of the builder or owner; and
may do all other things lawful to be done, looking to the health and
safety of the inhabitants of the city.

Section 37. No tax shall be levied or corporate debt in excess of
one hundred dollars be contracted unless by a resolution passed by a
recorded vote of a majority of the council.
CHAPTER VI
City Officers

Section 38. The city council shall grant and pay to all city officers
such salaries or compensation, if any, as the said council may from time
to time deem just and proper, or shall be fixed by this act, except as
such salaries or compensation may be fixed by general law.

Section 39. If any person, having been an officer of such city, shall
not within ten days after he shall have vacated, or been removed from
office, and upon notification or request of the clerk of the council, or
within such time thereafter as the city council shall allow, deliver over
to his successor in office all property, books, and papers belonging to
the city, or appertaining to such office in his possession or under his con-
trol, he shall forfeit and pay to the city the sum of five hundred dollars,
to be sued for and recovered with costs; and all books, records, and
documents used in any such office by virtue of any provision of this act,
or of any ordinance or order of the city council, or any superior officer
of the said city, shall be deemed the property of the said city and apper-
taining to said office, and the chief officer thereof shall be responsible
therefor. | ,

Section 40. The city sergeant shall attend the terms of the circuit
and corporation court of said city and shall act as an officer of the said
court and shall have the authority, powers, and jurisdiction which is
granted to sergeants of cities of the first class by general law. He shall
receive the fees, compensation, and emoluments allowed by law to city
sergeants. He shall perform such other duties as may be prescribed and
ordained by the city council. But the city sergeant shall have no authority.
or custody over prisoners held in jail or on the city farm except such
as may be required and necessary in serving the court or courts of said
city. But nothing herein shall be construed to prevent the council from
conferring additional authority or custody of prisoners on said city
sergeant by special authority enacted by the council. )

The city sergeant, as well as policemen and other officers and con-
servators of the peace, shall in the matter of criminal offenses have
jurisdiction for one mile beyond the city limits in enforcing the criminal
laws of the State.

The city council may in its discretion allow additional compensation
or salary to the city sergeant. .

Section 41. The city council may combine officers where not ex-
pressly prohibited, excepting that the assessing and collecting officers
shall not be the same person.

Section 42. The commissioner of the revenue shall perform all the
duties in relation to the assessment of property for the purpose of levy-
ing taxes that may be ordered by the city council, and such other duties
as the council may prescribe or direct. He shall keep his office in some
convenient place in the city, and shall keep therein such books, schedules,
and records, and in such manner as the city council may direct and
prescribe, which books, records, and other papers shall be subject to the
inspection and examination of the members of the city council, or any
committee thereof, and of the collector of city taxes. He shall receive
for his services the compensation allowed by law. The commissioner
of the revenue, in ascertaining the value of real property taxable in said
city, shall assess the same as required by law.

Section 43. All officers hereafter elected under this act, shall be
elected at the times and for the terms, as hereinbefore provided, and
shall enter upon the discharge of their duties, in accordance with the
provisions of the general laws of this State concerning city officers.

Section 44. The jailor of the City of Martinsville, or the person
in charge of the prison or prison farm of said city is authorized to receive
into this jail, prison, or prison farm without mittimus or warrant all
persons apprehended by the sergeant or any police officer of said city
for violation of the rules, regulations, by-laws, or ordinances, or for
disturbing the peace of the said city, and shall be authorized to retain
such persons in his custody until ten o’clock the following morning, at
which time they shall be discharged unless regularly committed to his
custody by a mittimus or warrant, in which case the officer so receiving
said party shall be entitled to the fees provided to be paid when a person
is committed under a warrant or mittimus of a justice of the peace.

Section 45. The City of Martinsville and the officers thereof,
elected or appointed in accordance with the provisions of this act, shall
be clothed with all the powers, and be subject to all the provisions of
law not in express conflict with the provisions of this act.

CHAPTER VII -
City Treasurer

Section 46. The city treasurer shall, before entering upon the
duties of his office, give bond with sufficient surety to be approved by
the council, in the penalty of such amount as may be fixed by the council
from time to time, payable to the City of Martinsville, conditioned for
the true and faithful performance of the duties of his office. The treas-
urer shall be responsible for the collection of all taxes, licenses and levies
except charges for services furnished by the public utilities of the city.
He shall be personally responsible to the city for the conduct of his office.
He shall have sole authority to appoint or employ and to remove or dis-
charge such deputies, employees and assistants as he may deem neces-
sary to carry on the work in his department and he may fix their duties,
terms of office and compensation, except such as are fixed by general
law. Delinquent taxes and levies shall be transferred from the treasurer’s
hands into the hands of the city collector after payment thereof has
become delinguent. The council shall have authority to place in the hands
of the city collector the collection of any taxes, licenses and other levies
at any time before they become delinquent, if in the discretion of the
council it shall be proper so to do. |

Section 47. The city treasurer shall receive all moneys belonging
to the city which it is his duty to collect from persons owing the same
to the city, or which it is the duty of other officers of the city to collect
and pay over to him, and pay the same out as the ordinances of the city
86 ACTS OF ASSEMBLY [va., 1942

may prescribe; to keep such moneys safely and account therefor, and
to pay all drafts or orders made on him in conformity with the ordin-
ances of the city.

Section 48. The funds of the city shall be deposited by the treas-
urer in such bank or banks as the council may direct, and such bank or
banks shall give bond in such sum or sums as the council shall fix.
He shall keep books showing accurately the state of his accounts and
the money of the city shall be kept distinct and separate from his own
money and he is hereby expressly prohibited from using directly or in-
directly the city’s money, checks or warrants in his custody and keeping
for his own use and benefit, or that of any person or persons whom-
soever, and any violation of this provision shall subject him to im-
mediate removal from office. |

Section 49. The books and accounts of the city treasurer and all
papers relating to the accounts and transactions of the city, shall be at
all times subject to the inspection of the mayor, the city council, and
such other persons as the council may appoint, to examine the same,
and all such books and accounts, together with any balance or moneys
on hand, shall be transferred by the treasurer to his successor at every
new appointment, or delivered up as the council may at any time require.

Section 50. The city treasurer shall, on the first day of each
month, render an account to the council showing the state of the treasury
on the day previous and the balance of money on hand. He shall also,
if required so to do by the council, accompany such account, with a
statement of all money received by him and on what account, with a
list of all checks paid by him during the month then closed, and shall
furnish such other information, accounts and statements as the city
council may direct.

Section 51. The city treasurer shall annually submit to the city
council, within fifteen days after the close of the fiscal year, a full and
detailed account of all receipts and disbursements made during the fiscal
year just closed.

Section 52. All taxes, levies or other sums of money of whatever
nature received by the city treasurer belonging to the City of Martins-
ville, shall be credited by the treasurer on his books to the City of Mar-
tinsville and shall be paid out by him only on a warrant of the clerk
of the council, countersigned by the mayor.

Section 53. The treasurer shall keep a separate account of each
fund and appropriation and the debits and credits belonging thereto;
provided however, that the council shall have the right to require all
city funds to be deposited to the credit of the city and may prescribe by
resolution or ordinance such other method of disbursement as it shall
from time to time deem proper.

Section 54. All moneys received on all special assessments shall
be held by the treasurer as a special fund, to be applied to the payment
of the matter for which the assessment was made, and said moneys shall
be used for no other purpose.

Section 55. The treasurer shall perform such additional duties as
CH. 69] ACTS OF ASSEMBLY

may be required of him by the council not inconsistent with the laws of
the State.

Section 56. The city treasurer shall receive for his services the
compensation allowed by law.

CHAPTER VIII
City Collector

Section 57. The council may appoint a city collector, and may
define his term of office, powers, duties and compensation and may
require such bond to the city, with security to be approved by the coun-
cil, conditioned to secure the faithful discharge of his duties to the city,
in such penalty as the council shall deem proper.

Section 58. Subject to the consent of the city council, the city
collector may appoint such deputies and such other employees and assist-
ants as may be necessary to carry on the work in his department in all of
its details in an economical and satisfactory manner. The salaries of such
deputies, employees and assistants shall be fixed by the city council.

Section 59. The city collector, his deputies, employees, and assist-
ants shall at all times be subject to removal by the council.

CHAPTER IX
City Planning

Section 60. The council shall adopt a city plan, showing the streets,
highways, and parks heretofore laid out, adopted, and established, and
such city plan shall be final with respect to the location, length, and
width of such streets and highways, and the location and dimensions of
such parks. Such city plan is hereby declared to be established for the
promotion of the health, safety, and general welfare. Upon the adoption
of the city plan, or any amendment thereto, a certificate to that effect,
together with a plat, shall be filed immediately with the clerk of every
county affected by such city plan or amendment. |

Section 61. The City Planning Commissioners shall continue in
office for the remainder of their terms and until their successors are ap-
pointed by the council. The City Planning Commission shall continue to
exercise such duties, powers, and functions as it now has under the ex-
isting charter and ordinances, or as may be delegated to or required of
said commission by the council by proper ordinances and resolutions.
The City Planning Commission shall be constituted, perform the duties
and functions, and otherwise be controlled by chapter eighty-eight of the
Acts of the General Assembly of nineteen hundred and thirty-four, and
amendments thereto, except in so far as said chapter and amendments
thereto are in conflict with this charter or the express ordinances of the
city now in force or hereafter enacted.

Section 62. The council may at any time, after a public hearing,
amend the city plan, by widening, relocating, or closing existing streets
and highways, and by altering any existing park or by laying out new
streets and highways and establishing new parks. Before amending the
city plan, the council shall refer the proposed amendment to the City
88 ACTS OF ASSEMBLY [va., 1942

Planning Commission for a report thereon, and shall not act on such
amendment until a report has been received from said commission, unless
a period of thirty days has elapsed after the date of reference to the com-
mission. Any amendment of the city plan, upon its adoption by the coun-
cil, shall be final unless changed as herein provided as to the location,
length, and width of any street and highway, and the location and dimen-
sions of any park. Any widening, relocating, closing, or laying out of
streets and highways proposed under the provisions of law other than
those contained in this article shall be deemed an amendment of the city
plan, and shall be-subject in all respects to the provisions of this chapter.

Section 63. No plat showing a new street or highway within the
city shall be filed or recorded in the office of the clerk of the city or of
any county until such plat has been approved by the council. Before
giving any approval, the council shall refer every such plat to the City
Planning Commission for a report, and shall not act on any plat so
referred until a report has been received from the commission, unless
a period of forty-five days has elapsed after the date of reference to the
commission. Before reporting to the council on any plat, the commission
shall hold a public hearing thereon. If any plat is disapproved by the
commission, it shall report the reasons for such disapproval to the council.
The council shall not approve any plat unless the streets and highways
provided in such plats are of sufficient width, of proper grades, and suit-
ably located to meet the probable traffic needs; to afford adequate light,
air, and access of fire apparatus to such buildings as may be erected
along the proposed streets and highways; and to insure healthful con-
ditions on the land adjacent to such streets and highways. The council
may, in appropriate cases, require that a plat, before being approved,
shall provide adequate open spaces for parks, playgrounds, or other
recreational uses; but the inclusion of such open spaces upon a plat does
not require their dedication to public use. After a plat has been approved
by the council, the streets, highways, parks, and other open spaces shall
be a part of the city plan. The council, after a public hearing, may adopt
general regulations in regard to the filing of plats.

(a) Before approving such plat, and thereby accepting the dedica-
tion of the streets, alleys, parks and public places thereon, the council
shall require that the streets and alleys thereon shall be properly laid out
and located with reference to the topography of the land so platted and
the adjoining lands, both as to connections and widths, which widths of
such streets and alleys shall be plainly marked in figures or written
on such plat, and which streets and alleys shall be laid out in harmony
with the general plan of the city. |

(b) And, before approving such plat, and thereby accepting the
dedication of the streets and alleys thereon, the council shall require the
owner thereof to execute and deliver to the City of Martinsville a release
and waiver of any claim or claims for damages which such owner, his
heirs, successors or assigns may have or acquire against the City of Mar-
tinsville by reason of establishing proper grade lines on and along such
streets and alleys and by reason of doing necessary grading or filling for
he purpose of placing such streets and alleys upon the propel sia abl”
eleasing the City of Martinsville from building any retaining wall or
valls along the streets and alleys and property lines; and the council
nay require such release and waiver to be written and executed on said
slat and recorded therewith or by an instrument of writing to be executed
nd recorded in the clerk’s office of the circuit court of the City of Mar-
insville.

And the council may, in its discretion, require the owner of such
slatted lands to submit profiles of such streets and alleys, showing the
contour thereof, together with proper grade lines laid thereon, and if
nd when the council is satisfied that the proper grade lines are laid
yn such profiles, the profiles shall be approved by the council and re-
corded by the owner or at his expense in the record of the profiles of the
streets and alleys of the city, and the council may, in its discretion, re-
quire such release and waiver to be made with reference thereto.

(c) Before approving any such plat of any subdivision of lots or
lands the city council may, at its discretion, require the owner of such
lots or lands to grade the streets and alleys therein, according to grade
lines approved and established by the council.

Section 64. For the purpose of preserving the integrity of the plan,
no permit shall hereafter be issued for the construction of any building
within the street lines of any mapped street or highway, as laid down in
the city plan, within the city. Provided, however, if the land within any
mapped street or highway is not yielding a fair return to the owner, the
board of zoning appeals, provided tor in chapter ten hereof, by a ma-
jority vote of all its members, may issue a permit for a building within
the street line of such street or highway, upon conditions as will increase
as little as possible the cost ot opening such street or highway, and wil
protect as far as possible the rights of the public and the integrity of the
city plan. The board of zoning appeals, hereinatter authorized, before
taking any action under the provisions of this section, shall hold a public
hearing, of which adequate notice shall be given to all persons deemed te
be affected as required by section eight of chapter eighty-eight of the
Acts of the General Assembly of nineteen hundred and thirty-four. Am
decision by the board of appeals rendered under the provisions of thi
section shall be subject to the same court review as provided for zonin;
decisions of the board.

Section 65. No public sewer, water pipe, or other public utilit
shall be laid and no grading or paving shall be done by the city in arm
street or highway in the city, unless such street or highway has bee!
placed upon the city plan by the council. No permit shall be issued to
any building in the city, unless such building is located adjacent to _
street or highway which has been placed upon the city plan by the counci
Provided, however, where the literal enforcement of the provisions of hi
section would result in practical difficulty or unnecessary hardship, o
where the nature or use of the proposed building does not require it
location to be adjacent to a street or highway, the board otf appeals, by
majority vote of all its members, may issue a permit for a building, upo
such condition as the board may deem necessary to preserve the integrit
of the city plan and to insure the proper location of future streets anc
highways in the city and the surrounding area. Any decisions of the boart
of zoning appeals, rendered under the provisions of this section, shall b
subject to the same court review as provided for zoning decisions of the

board.
CHAPTER X

Zoning

Section 66. For the purpose stated in chapter one hundred anc
ninety-seven of the Acts of the General Assembly of nineteen hundrec
and twenty-six, Code of Virginia and amendments thereto, the city coun-
cil is hereby empowered to pass zoning ordinances in conformity with
the said act, as amended, subject, however, to the following modifications
thereto:

(a) For any or all of the aforesaid purposes, the council may
divide the city.

(b) The zoning ordinances and set back lines as they now exist
shall continue to be in full force and operation.

(c) Any zoning ordinance, regulations, restrictions, and bound-
aries of districts may be changed from time to time by the council, either
upon its own motion or upon petition, under such conditions as the coun-
cil may prescribe, after a public hearing and adequate notice to all owners
and parties affected, as required by section four of chapter one hundred
and ninety-seven of the Acts of the General Assembly of nineteen hun-
dred and twenty-six. If a protest or protests be filed with the council,
signed by the owners of twenty per centum or more of the area of the
land included in the proposed change, or by the owners of twenty per
centum or more of the area of the land immediately adjacent to the land
included in the proposed change, within a distance of one hundred feet
therefrom, or by the owners of twenty per centum or more of the area of
the land directly opposite across any street or streets from the land in-
cluded in the proposed change, within a distance of one hundred feet
from the street lines directly opposite, then no such change shall be
made except by the majority vote of all of the members of the council.
No change shall be made by the council in any zoning ordinance or map
until such change has been referred to the City Planning Commission
for a report thereon, and no action shall be taken by the council until a
report has been received from the commission, unless a period of thirty
days has elapsed after the date of reference to the commission.

(d) The board of zoning appeals as now constituted shall con-
tinue in office for the remainder of their terms and until their successors
are appointed by the council. The board of zoning appeals shall consist
of five members appointed by the city council for a term of three years,
and in so far as not inconsistent with this charter and the existing ordi-
nances now in effect or hereinafter enacted, the powers, duties, authority,
and procedure of chapter one hundred and ninety-seven of the Acts of
he General Assembly of nineteen hundred and twenty-six and amend-
nents thereto shall govern.
The board of zoning appeals shall elect a secretary who shall keep
a written record of proceedings at its meetings. All official orders, deci-
sions, and permits issued by the board shall be in writing and a copy
thereof shall be delivered to the office of the building inspector of the
city within five days after such order, decision, or permit is arrived at
or issued.

The council may remove any member of the board for cause, after
a public hearing. If a vacancy occurs otherwise than by the expiration
of the term of the different members, it shall be filled by the council for
the unexpired term. ,

Unless the council designates some member of the board as chair-
man, the board shall select a chairman and secretary from among its own
members. The board may employ such persons as the council may ap-
prove, and may expend such sums as are appropriated by the council
for its work. —

CHAPTER XI

Section 67. There shall continue to be a police commission for
the City of Martinsville with the powers and duties hereinafter set forth
and with such additional powers and duties as may be conferred or
imposed upon them by the council. The police commission shall consist
of not less than three nor more than five members including the mayor
who shall be ex-officio a member thereof. The other members shall be
appointed by the council from residents who are qualified voters of the
city for terms not to exceed four years. The police commissioners now
holding office shall continue therein for the remainder of their terms or
until their successors are appointed by the council. The police commis-
sion shall continue to exercise the powers, duties, and functions now
exercised except in so far as inconsistent with this charter. No council-
man shall be a member of the police commission while holding office as
councilman. The mayor shall be the executive chairman of the police
commission and as such shall have the power and authority imposed
upon him by section seventy-three of this charter.

Section 68. The said board of police commissioners shall take an
oath of office before some person qualified to administer oaths under the
laws of the State of Virginia for the full and faithful discharge of their
office as such, and they shall as soon as practicable meet at the office of
the mayor or at some other suitable place in the city selected by them
and organize by the election of one of their members as secretary.

Section 69. The council shall by ordinance fix the terms of office
of the members of the board of police commissioners thereof appointed
by the council and shall provide for such compensation to be paid them
for their services as such as the council shall deem proper, if any.

Section 70. A majority of the members of the board of police
commissioners shall constitute a quorum. The board shall keep minutes
of its meetings and deliberations which shall at all times be open to the
inspection of the council. |

Section 71: The police force shall be under the control of the
board of police commissioners for the purpose of enforcing peace and
92 - ACTS OF ASSEMBLY [va., 1942

order, and executing the laws of the State and ordinances of the city.
They shall also perform such other duties as the council may prescribe.
For the purpose of enabling them to execute their duties and powers,
each policeman is hereby made a conservator of the peace and endowed
with all the power of a constable in criminal cases and all other powers
which, under the laws of the State, may be necessary to enable him to
discharge the duties of his office. The pay, uniform, rules and regulations
for said police shall be prescribed by the board of police commissioners.
The board of police commissioners shall have sole and exclusive author-
ity to employ or appoint and to remove or discharge the policemen of
the city, but the board of police commissioners shall not increase or
decrease the number of officers and men in the police department except
upon express authority of the council.

Section 72, The exercise by the police commission of all its powers
and authority shall be subject to review by the council and shall be
executed in accordance with the ordinances of the city council.

Section 73. The mayor as executive chairman of the board of
police commissioners shall act for the said board in supervising and
administering the police department and it shall be his duty for and on
behalf of the said board to ascertain and to require that the members
and officers of the police department faithfully and efficiently perform
their duties. He is hereby empowered to suspend from office any officer
or member of the police department who in his opinion is not faithfully
and efficiently discharging the duties of his office, and such suspended
officer or member of the police department shall have the right to have
his suspension reviewed by the board of police commissioners but he
shall receive no compensation from the date of his suspension by the
executive chairman of the board of police commissioners unless the
action of the chairman in suspending him is disapproved by a majority
of the members of the board. The board shall review such suspension
within ten days after the effective date thereof. The executive chairman
of the board is hereby empowered to appoint and to qualify additional
officers and members of the police department when in his opinion the
same is necessary for the public welfare and to fix their compensation as
such ; and he is further empowered to act for and on behalf of the board
of police commissioners in times of emergency or at any other times
when it is not possible or expedient to assemble the members thereof
to act as the board. All acts of the executive chairman of the board of
police commissioners and his execution of all duties and powers hereby
conferred upon him shall be subject to review and the approval or dis-
approval of a majority of the whole board of police commissioners and
of the council of the City of Martinsville.

CHAPTER XII

Section 74. Nothing in this act shall authorize the adoption of any
ordinance in conflict with any of the provisions of the Virginia Alcoholic
Beverage Control Act.
Section 75. All valid contracts and obligations heretofore or here-
after made by the council of the city of Martinsville while in office, not
inconsistent with this charter, or with the Constitution or general laws
‘of the State of Virginia, shall be and are hereby declared to be valid and
legal.

~ Section 76. ° All ordinances and resolutions in force in the City of
Martinsville immediately before the passage of this act shall be and
remain in force until altered, amended or repealed by the council of the
said city.

Section 77. All acts or parts of acts in conflict with this charter,
in so far as they affect the provisions of this charter, and all former
charters and amendments thereto for the City of Martinsville, are hereby
repealed. |

Section 78. It being desirable to put into operation without delay
certain provisions of this charter, an emergency is declared to exist and
this act shall be in force from and after its passage. -