Chap. 96.—An ACT to ineorporate the town of Phebus, in Elizabeth City
county.

Approved January 22, 1900.

1. Be it enacted by the general assembly of Virginia. That the portion
of Elizabeth Citv county embraced between the following lines: Begtn-
ning at low-water mark on the shore of Mill creek at the Jine dividing
the property of James VE. Cumming, known as Wlondyke, from = the
property of Annie S. B. Weleh, known as the Adams tract: thenee in a
northwesterly direction along the line dividing the two said properties,
to a point where the line intersects the extension of the northwestward
side of Libby street: thence southwestwardly along the extension of the
northwest side of Libby street to a point where such extension intersects
the right of way of the Chesapeake and Ohio railway company; thence
northw éstwardly along the east side of the said Chesapeake and Ohio
railway company's right of wav to a point about two hundred and fifty
feet northwest of where the county road from Mellens corner to Fox
hill crosses the said right of wav; thence southwestwardly by a line
dividing the lands: of Thomas Tabb from the various lots and parcels
of Jand fronting on the Fox hill road and on the county shell road
between Hampton and Fort Monroe, to the west side of the said county
shell road; thence southeastwardly along the west side of the county
shell read to the southeast corner of the United States cemetery; thence
along the southeast wall of the said cemetery to the southwest corner
thereof; thence in a straight line, southwestwardly, to the center of
John’s creek at the Asylum street bridge leading to the national soldiers’

home; thence down the center of the said John's creek to low-water
mark in Hampton roads; thence southeastwardly and northeastwardly,
following the low-water ‘mark in Hampton roads and Mill ereek (in-
cluding all streets, lanes, alleys, and avenues now and hereafter laid
out, and all wharves and piers now existing or hereafter constructed),
to the point of beginning, including certain rights of taxation herein-
after mentioned as to individual and~ corporate property at Fort Monroe,
Virginia, shall be, and the same is hereby, created a municipal corpora-
tion by the name of the town of Pheebus; and as such the said town and
the municipal authorities thereof shall be entitled to all the rights and
powers, possessed of all the privileges and subject to all the liabilities of
towns having a population of less than five thousand, and of the officers
thereof, under the general laws of this commonwealth now or hereafter
in force, except as herein otherwise prescribed. The said town hereby
created shall constitute a separate school district and a separate election
district of Elizabeth City county.

The said town shall be divided into five wards, as follows:

1 ‘he territory embraced between low-water mark on Hampton roads
and Mill creek. inchiding all wharves and piers; County street from
Mill creek to Curry street; Curry street from County street to Asvlum
street; Asylum street from Curry street to John’s “ereck, and John’s
creck to low-water mark in Hampton roads, shall constitute the first
ward.

The territory embraced between County, Curry, Asylum, and Mallory
streets shall constitute the second ward.

The territory embraced between Mallory and County streets (otherwise
the eounty ro oad), and the northwest wardly boundary line of the town
shall constitute the third ward.

The territory embraced between the northwest side of Libby street
and the extension thereof northeastward]y to the corporate limits, County
street, Mill creek, and the eastern boundary of the town shall constitute
the fourth ward: and the territory embraced between County street (or
road), Libby street, the east side of the right of wav of the Chesapeake
and Ohio railway company and the northwest boundary of the town shall
constitute the fifth ward.

Articie II.

1. The administration and government of the said town shall be
vested in a council of ten members, two from each ward (after the
expiration of the term of oflice of the councilmen named in this act),
who shall be electors of the said town, and except as to the councilmen
named in this act, shall be residents of the ward which they respectively
represent, and in the officers hereinafter named. The members of the
council shall be elected at the time prescribed by law for the election
of magisterial district officers, and they shall hold otlice for two years,
and until their successors have been elected and have qualified. Such
councilmen shall qualify before any officer who under the laws of this
state is authorized to administer oaths. The council shall judge of the
election, qualification, and returns of its members, may fine them for
disorderly behavior, and by a vote of the majority of the council may
expel a member. A majority of the council shall constitute a quorum
for the transaction of business, but no ordinance or resolution shall be
adopted having for its purpose the appropriation of money for other
than current expenses, or for the borrowing of money, except by the
concurrent vote of at least seven members of the council, and, upon
the demand of one member, the yeas and nays on such ordinance or
resolution shall be taken and entered upon the record of the council.
Should three or more eligible persons from one ward receive the same
number of votes at any election for councilmen, the sueceeding couneil
shall determine by lot who shall be declared elected. The members
of the council shall be vested with all the rights and powers conferred
upon them by the general laws of this state, and by this act.

At the first mecting of cach council, after the members thereof
shall have qualified, such council shall appoint a mayor, a recorder, a
treasurer, and a town sergeant, each of whom shall be electors of the
said town, and not members of the council. The officers so appointed
shall hold oftice for two vears, or until their respective successors shall
have been appointed and have qualified, subject to the general laws
and the powers of this charter as to removal before the expiration of
the term of office. The council shall fill any vacancy existing in the
offices herein named for the unexpired term of such office.

The mayor shall be chief magistrate of the municipal corporation
hereby created, and is vested with all the rights, powers, and privileges
conferred upon such officer by the general laws governing towns of
less than five thousand inhabitants; and in civil cases that arise within
the corporate limits, he shall have and exercise all powers vested in a
justice of the peace by the laws of this state. The mavor shall be presi-
dent of the council, and as such shall preside at its meetings, but he
shall have no vote, except that in ease of a tie, upon any question which
may be before the council for consideration the mavor shall have the
casting vote. Tle, or anv three members of the council, mav call special
sessions of that body. The mavor shall receive no salarv: his compen-
sation shall be the fees prescribed hv state laws for a police justice and
a justice of the peace in executing the powers and performing the duties
of such offices.

It shall be the dutv of the recorder to keep a fair and proper record
of the proceedings of the council, and to publish in such manner as the
council may indicate, the by-laws, ordinances, and resolutions that mav
from time to time be adopted. He shall. under such ordinances and
resolutions as the council mav adopt, issue licenses to all persons engaged
in a pursuit, business. occupation, calling, profession, or other purpose
for which this act authorizes a license to be required, and shall perform
such other duties as mav be required of him bv the council and by the
provisions of this act, for which services he shall receive such compen-
sation as the council may determine to be right and proper, not exceed-
ing forty dollars per month. Before entering upon the discharge of his
duties, the recorder shall enter into a bond, with security, to be approved
by the council, in the penalty of five hundred dollars, payable to the
town of Phcebus, Virginia, and conditioned upon the faithful perform-
ance of his duties.

The treasurer shall keep all funds and other moneys belonging to
the corporation, and pay out the same on the order of the council, drawn
by the mayor, and attested by the recorder. The said treasurer shall be
required to give bond before entering upon the discharge of the duties
of his office, with security to be approved by the council, in the sum of
five thousand dollars, payable to the town of Phoebus, Virginia, and
conditioned upon the faithful performance of his duties. He shall make
to the council, at such times as it may require, a statement of all his
receipts and disbursements. He shall receive no salary, but his compen-
sation for the performance of his duties shall be a commission of five per
centum of the moneys received by him under section one of article three
of this act.

The town sergeant shall be a conservator of the peace, and, in civil
cases that may arise within the corporate limits of the town, he shall be
vested with all the powers which the general laws of this state confer
upon constables; his jurisdiction as a police officer shall extend one mile
bevond the corporate limits. He shall possess the hke right of distress
and power in collecting municipal taxes possessed by a sheriff or con-
stable in collecting state and county taxes. All fees arising from the
performance of his duties, other than in civil matters, shall be collected
by the mayor and turned in to the treasurer of the town. He shall
receive as the full compensation for the discharge of his duties, other
than those in purely civil matters, such salary as may be prescribed by
the council, not exceeding sixty dollars per month. The said sergeant,
before entering upon the discharge of his duties, shall execute a bond,
with security to be approved by the council, in the sum of one thousand
dollars, payable to the commonwealth of Virginia, and conditioned upon
the faithful discharge of his duties, and the payment to the said town
of all moneys and fines collected and received by him by virtue of his
office, and such bond shall be recorded in the clerk’s office of the county
court of Elizabeth City county. He shall perform such other duties
as may be required of him by this act and by the resolutions or ordinances
of the council; and he shall be subject to removal by a vote of at least
seven members of the council for incompetency, misconduct, or negli-
gence of duty after reasonalle notice.

3. For the purposes of maintaining order and preserving and executing
the police regulations of the said town, adopted under the authority
of this act and of the general laws of the commonwealth, the police
jurisdiction of the corporate authorities of Phaebus shall be, and the
same is hereby, made to extend one mile from the corporate limits of
the said town.

4. The council is hereby expressly vested with all of the powers con-
ferred upon it by the general laws of this state, and it is authorized to
fill vacancies existing in any of the offices of the said town; to make
all necessary provisions for extinguishing and preventing fires; to pro-
vide the town with water by the use of water works and wells, or in
any other way by it deemed to be for the best interest, comfort, and
safety of the said town: to light the town: to provide for the interment
of the dead, and regulate the same; to establish a market, and adopt
ordinances for the management thereof; to open new streets and alleys,
and to widen, straighten, grade, regrade, pave, repave, and impreve
existing strovts, Sidew: hese alle Vs. PUELODS, culverts, and bridges, and for
such purposes may levy and Collect a special street tax, not to exceed
fifteen cents on the ene hundred dollars’ value of taxable property: te
enforce the cleanliness and to prevent the obstruction of streets. alleys,
sidewalks, gutters, and so ferth: to punish persons for firme guns and
pistols, and setting fire to powder and other combustible and explosive
Inaterial in the town, and to prevent the running and fast driving af
horses on streets and alleys: to prevent the running loose of pigs, cows.
goats, and other animals thereon, and te provide for the forfeiture and
impounding of animals wandering at large in the town, or for which
required licenses have not been obtained: and shall possess all other
powers necessary to preserving the health, peace, morality, and good
order of the town. It shall also have power to prescribe rules for the
proper building of houses and their proper location, such as stables,
water-closets, how- pens, and cattle-sheds, as well as dwellings, stores. and
shops, and all other buildings. And for the purposes of « arrving out
the powers conferred by this charter, and by the general laws of the
commonwealth, the council is hereby authorized to pass any rules, by-
laws, ordinances, and regulations, not in contliet with the constitution
of the United States or that of this state. and to prescribe fines and
penalties for the violation or non-observance thereof; and to enforce such
rules, by-laws, ordinances, and regulations, by fine or imprisonment, or
work in chain-gang, at the discretion of the mayor.

. The council shall have power te appoint such police officers as to
it may seem proper, and shall prescribe the compensation for policemen:
provided, that the salarv of each shall not exceed uty dollars per month.
Costs shall be charged against persons arrested or summoned by such
policemen for violation of state statutes and town ordinanees, as i
cases of arrest or summons by a sheriff, constalle, or town sergeant, and
such costs shall be collected by the mayor and paid into the town
treasury.

6. The said council shall have power, whenever it may deem exnedient.
to require the sidewalks or footwavs along any street or publie alley. or
portion thereof, to be curbed or recurbed, and paved or repaved, at- the
cost of the owner of the lot along which such sidewalk or footway
extends. In the construction of the proposed curbing and sidewalk and
footways, or repairs to the same, the council shall first require the
abutting owners to construct said) sidewalks or footways., or repairs
thereto, according to plans and specifications adopted hy the council. in
which case notice in writing shall be served upon such abutting owners
to construct such curbing, sidewalks. or footwavs, or repairs thereto,
within a reasonable time, to be designated in said notice. Such notice
shall he served as notices are required to be served by Jaw; and if, after
the service of such notice, any abutting owner shall fail, aceording to
the terms of such notice, to construct such curbing, sidewalks, or foot-
ways, or repairs thereto, then the council may proceed to construct such
curbing, sidewalk, or footway, or make repairs thereto, at the cost of the
abutting owner, and levy an asscssment against the property for the
actual cost thereof; and said assessment shall be a lien upon the said
alutting property and the rents thereof, which lien may be enforced as
liens on real estate for town taxes are enforced. In all cases where a
lessee or tenant shall pay the costs of any such curbing or pavement, or
repairs thereto, along the abutting property oceupied by him, for which
property, by a contract with his lessor or landlord, he shall be bound to
pay rent, the amount of such costs paid by him or collected from him,
or made out of his property, shall be a good and valid set-off against the
rent due or accruing to his lessor or landlord to the extent of the money
so paid by, collected from, or made out of said tenant or lessee.

ArtictE III.

1. The revenues of the said town, which shall be under the control of
the council, shall be derived from the following sources:

A. tax on all of the property—real, personal, and mixed—owned within
the corporate limits, except such as may be exempt from state taxation,
at a rate not exceeding fifty cents each year for general purposes on
each one hundred dollars valuation thereof.

Taxes for town licenses for the sale of merchandise and ardent spirits;
upon theatrical and circus companies, menageries, jugglers, itinerant
salesmen, and all shows and exhibitions for which an entrance fee is
required; upon the business of commission merchants living within or
without the town and buying or selling therein; upon the business of
bankrupt and fire sales, brokers, and pawnbrokers; upon any and all
other businesses, occupations, and pursuits upon which a license tax
is levied by the state; and upon such other businesses as may be lawful;
and upon wagons, drays, carts, hacks, and other wheeled vehicles and
delivery wagons used for business within the town, whether the owners
reside within or without the limits thereof; upon slot-machines; and
upon dogs and other animals.

A capitation tax not exceeding one dollar on each male inhabitant over
the age of twenty-one years, resident in the town, who is subject to a
state capitation tax.

Fines, penalties, and costs imposed for the violation or non-observance
of the ordinances, by-laws, and resolutions adopted pursuant to this act
and to the general laws of this commonwealth.

Assessments made for the improvement of the streets, avenues, lanes,
and alleys, or portions thereof, in the said town, and its proportion of
the taxes received from property at Fort Monroe, as herein set out.

2. The persons and property within the said town shall be exempt
from the payment of any county road tax for the vear nineteen hundred
and one, and thereafter, and the county of Elizabeth City shall be dis-
charged from the duty of keeping in order and renairing the roads and
streets within the limits of the said town after this act becomes operative.
The supervisors of the said county shall levy no county capitation tax
upon the residents of the said town for the year nineteen hundred and
one, or thereafter, and the treasurer of the said county shall collect no
capitation tax for the year nineteen hundred from the residents of the
said town. An act entitled an act to authorize the board of supervisor:
of Elizabeth City county to tax the sale of liquor in the said county.
approved February twenty-ninth, eighteen hundred and ninety-two, i:
hereby repealed so far as it applies to the tax on the sale of liquor in
the town of Phcebus.

3. All moneys now in the hands of the treasurer of Elizabeth Cits
county and hereafter received by him from the taxation of the individual
and corporate property at Fort Monroe, under the road tax levied by the
board of supervisors of the said county, the said treasurer shall apportion
as follows: The road tax shall be divided among the three magisterial]
districts of the said county in the proportion which the assessed valua-
tion of the real and personal property of each magisterial district bears
to the total assessed valuation of the real and personal property in said
county; that part of such tax as is apportioned to Chesapeake magisterial
district shall be apportioned between the town of Phcebus and the re-
mainder of Chesapeake magisterial district in the proportions which the
assessed valuation of the real and personal property in the said town and
the assessed valuation of the real and personal property in the remainder
of the said magisterial district, respectively, bear to the assessed valuation
of the real and personal property in the entire magisterial district. The
said county treasurer is hereby directed to pay to the treasurer of the
town of Phoebus such portion of the said road tax as he now holds and
as may come into his hands, and shall be due to the said town under the
apportionment herein prescribed, on or before the first day of May,
nineteen hundred; and he shall make settlements with the council of
Phoebus thereafter on or before the first day of January in each year after
this act takes effect, as to all funds belonging to the said town under the
provisions of this act. The treasurer of Elizabeth City county shall,
during the month of December, nineteen hundred, pay to the treasurer
of the town of Phoebus three-fourths of the road tax received for the
year nineteen hundred from the properties taxable within the limits of
the said town.

ARTICLE IV.

1. During the month of April, nineteen hundred, and on or before
the first day of January, nineteen hundred and five, and every fifth
year thereafter, the council shall appoint one suitable and proper person,
who shall be a resident and freeholder of the town, to assess the value of
all lands and lots, together with the improvements thereon, located
within the corporate limits. Such assessor, so appointed, shall give
bond, make oath, and be subject to all the requirements, possessed of all
the rights and privileges, and perform all the duties as to real estate
located within the said town that are reyuired of, possessed and per-
formed by assessors appointed by the county, corporation and hustings
courts under the laws of this state; except that such assessor shall make
five copies of his assessment in the form in which land books are made
out, and shall transmit one copy cach to the clerk of the county court
and to the commissioner of the revenue of Elizabeth City county, the
auditor of public accounts, the treasurer, and the recorder of the town
of Phcebus, on or before the fifteenth day of June, in the year in which
the assessment is made. He shall receive such compensation as the
council may prescribe. State, county, and town taxes on real estate
within the said town for the year nineteen hundred, and every fifth year
thereafter shall be extended upon the basis of the assessments made
under the provisions of this act; except that, any person thinking him-
self aggrieved by the assessment made upon his real estate, or any part
thereof, may, after giving ten days’ notice to the assessor, apply to the
council of the said town, at any time prior to the first day of January
in the year succeeding such assessment, to have such assessment cor-
rected, which notice shall be in writing and have appended thereto an
affidavit of the owner of such real estate, or his duly authorized agent,
that in the opinion of the affiant, the assessment is above the true
valuation thereof; and if the council shall be satisfied that the assessment
is too high, it shall reduce the same to what, in its opinion, is the true
valuation of such real estate; but if it shall be of the opinion that the
assessment is too low, then it shall increase it in like manner: provided,
that any owner may appeal from the decision of the council by petition
to the county court of Elizabeth City county, where the matter shall
be heard de novo, and shall be proceeded in in accordance with section
four hundred and forty-four of the code of Virginia, as amended; such
petition shall have precedence over all civil causes pending in such
court, and the said court’s decision shall be final. No costs shall be taxed
against the petitioner or the town.

The recorder shall furnish, or cause to be furnished, to each person
chargeable with taxes on personal property, forms or lists for valuation,
during the month of April, nineteen hundred, and during the month
of March each year thereafter. All persons shall, prior to the first day of
June, in each year, make and deliver to the recorder statements of all
personal estate, moneys, contracts, and credits, which such person is
required by state laws to furnish to the commissioner of the revenue,
and of all subjects and persons on account of which such person is charge-
able with taxes. Each person receiving such form shall make and sub-
scribe an affidavit to be appended to his statement, to the following
effect: I do solemnly swear (or affirm) that to the best of my knowledge,
the accompanying statement contains accurate, full, and complete lists
of all personal estate, moneys, credits, and capital, within and without
the town of Phoebus, Virginia, and of all subjects and persons on which
I am chargeable with town taxes. So help me God. Any person know-
ingly rendering a false statement shall be guilty of perjury. The total
of each statement shall be listed alphabetically in the name of the person
returning it on separate books for white and colored persons and shall
form the basis of municipal taxation on such subjects. The capitation
tax and the tax on personal property for municipal purposes shall be a
lien on any real estate possessed by the person chargeable therewith, and
such real estate shall be subject to sale for the non-payment thereof.
The general laws of this state concerning the assessment of taxes and
the collection thereof, shall govern the assessment and collection of
town taxes, except as otherwise provided in this act.
106 ACTS OF ASSEMBLY.

ARTICLE VY.

All moneys now in the hands of the treasurer of Elizabeth City
county, and hereafter received by him from the taxation of the individua!
and corporate property of Fort Monroe, under the school tax levied by
the board of supervisors of the said county, the said treasurer shall appor-
tion among and place to the credit of the school district of Phoebus,
which is hereby created. and which is identical with the limits of the
town hereby incorporated: the remainder of Chesapeake magisterial dis-
trict, which is hereby created a separate school district, Hampton school
district, and Wythe school district, in the proportion which the school
population of each of said school districts bears to the entire school
population in Elizabeth City county. The said treasurer shall make the
apportionment of the said school tax as herein set out, on or before the
first day of August, nineteen hundred, and annuallv thereafter; and
shall innmediately report such apportionment to the council of Phoebus.

2. During the month of May, nineteen hundred, the council shall
appoimt three school trustees to serve one, two, and three vears, respec-
tively, and annually thereafter it shall appoint one distriet school trustee
to serve for three vears: and any vacancy occurring in the position of
school trustee of the Pheebus school district, shall be filled hy the
council for the unexpired term. The school trustees so appointed shall
he governed by the general laws of the commonwealth, now or hereafter
in force, applicable to the duties of trustees of schoo] distriets, and they
shall constitute a portion of the county school board of Elizabeth City
county.

For the purposes of convenience and economy, the colored school
children, resident in the school district of Pheebus, are hereby authorized.
under such regulations as to the school authorities seem proper, to attend
the public schools for colored children conveniently located in- that
portion of Chesapeake district, without the town of Phoebus: and the
school district of Phoebus is hereby declared to be annually chargeable
for the per capita cost of the edueation of sueh school children during
the preceding school vear. White school children residing without the
town of Phoebus, are hereby authorized to attend school within that
school district upon the same terms and basis as to costs and charges.

Articie VI.

1. The said council. whenever any new street shall be opened or laid
out, a street, or anv portion thereof, graded or regraded, and paved. or
repaved; or any culverts or sewers constructed or repaired, shall be vested
with the power of assessinent and geverned by the requirements of see-
tion ten hundred and forty-three of the code of Virginia, eighteen hun-
dred and eighty-seven, as amended and re-enacted by the general
assembly of Virginia, by an act approved March fourth, eighteen hundred
and ninety-six: provided, that if seven members of the council shall
eoncur in voting for such improvement, and in determining what por-
tion, if any, of the expenses thereof shall be paid by the said town,
and what portion thereof shall be assessed upon the real estate benefited
hy such improvement, no petition from the owners of the real estate to
be affected thereby shall be necessary.
All taxes and assessments, whether general or special, levied upon
any property in the said town under the provisions of this act are hereby
declared to constitute a lien on such property, and shall be paid to the
town treasurer when due, but if they be net so paid, and if the sergeant
or other authorized tax collector has not been able, with due diligence,
to collect the said taxes and assessments by the first day of June of the
succeeding year next, after the same were due, he shall, at the first meet-
ing of the council thereafter, make return upon oath of the said taxes and
assessments he has so failed to collect, and the property upon which
said uncollected taxes and assessinents are due. And the recorder shall
file with the clerk of the county court of Elizabeth City county, on or
before the first day of July thereafter. a list showing all unpaid muni-
cipal taxes and assessments, and the persons against whom the same are
chargeable, whereupon the said clerk of the county court shall enter
such lists and index the same, in a hook to he furnished for such pur-
poses by the town of Phoebus, in the name of the delinquent person, and
such book shall be a part of the records of his office: and, thereupon, the
council shall have the right to proceed in the same manner against the
property so returned delinquent as the commonwealth of Virgimia has in
simular eases, and the recorder and treasurer of the town shall be clothed
with the same power and he subject to the same provisions of law as are
given to and govern clerks of county courts and treasurers of counties
in like cases; and in the sale of such de Jinquent property the recorder

and treasurer of the town shall conform to the state law in such cases
made and provided in all particulars, except that the sale of such delin-
quent property shall be made at such place in the town of Pheebus as the
eouncil shall from time to time designate, on the third Wednesday in
December next, alter the property is returned delinquent, as aforesaid.

2. The council shall fix a time within which such property may be
redeemed by any person who has an interest in such property, or as
creditor for such person: and if there be a failure to redeem within the
time prescribed by the said council, the recorder of the said town shall
make convevance, with covenants of special warranty, of the real estate
<Q sold in the manner as now provided by Jaw for the conveyance by
clerks of courts of lands sold for state and county taxes, and such eon-
vevance shall operate to pass whatever title the party charged had in
such property. The hen for town taxes and Jevies, and any conveyance
of property under this article, shall be subject to the lien of any state
and county taxes upon such property.

Articte VIII.

. The county ceurt or the cireuit court of Elizabeth City county shall
in no ease grant a license to any person or persons for the sale of
spirituous or malt liquors, wines, beer, ale, or porter, or any mixture
thereof. under anv kind of license, within the corporate limits of the
town of Phoebus, Virginia, except and until such party shall present to
such court a certificate frome the council of said town, certifvine that
such party is a suitable person, and that the place where such business
is proposed to be conducted is suitable, convenient, and appropriate
and shall also present to such court a town license granted by the prope!
municipal authorities of the said town

ARTICLE [X.

1. The council shall have power to take private property for the public
use of the said town: provided, it pays the proper compensation for the
same. In case of a failure to agree upon a price, the said council, in the
name of the said town, may proceed to condemn such property in the
manner prescribed by law.

ARTICLE X,

1. For the purpose of permanent improvements, of providing a suitable
equipment against fires, or of erecting school buildings and improving
the schools, the said council is authorized to borrow monev in a sum
or sums not exceeding fifteen thousand dollars upon the faith, credit.
and property of the said town, and to issue bonds therefor, signed by
the mayor and attested by the recorder: provided, that such bonds shall
not be sold at less than par, and shall bear interest at a rate not exceed-
ing slx per centum per annuin. The council shall make provisions for
the payment of the annual interest on such bonds, and shall provide a
sinking fund for their redemption at maturity. The coupons thereof
shall be receivable for town taxes and assessments.

ARTICLE XL.

1. The board of supervisors of Elizabeth City countv are hereby
authorized and directed to execute and deliver to the said town a good
and sufficient deed, conveying to it the real estate owned by the county
of Ilizabeth City, ‘located in the town of Phoebus, and occupied by a
prison-house and fire-department house.

ArticLte XII.

1. The electoral board of Elizabeth City county shall, on or before
the first day of October, nineteen hundred, appoint three judges of
election and a registrar for the election district hereby constituted, and
all elections in the said town shall be governed by the general laws
of this state, so far as not herein otherwise provided. The council shall
select some polling place and give four weeks’ notice thereof by publi-
cation In some newspaper published i in the county of Elizabeth City, and
by posting at the front door of the court-house thereof.

ArticLe XIII.

1. Nothing in this act shall be construed to authorize the interference
by the council of the town of Phcebus with the existing use of the roads,
streets, avenues, lanes and alleys of the said town with its tracks, pipes,
poles and other appurtenances of any railroad, strect railway, electric
light, telegraph, telephone, or other incorporated company, but such
use is hereby confirmed, subject to such reasonable regulations as the
council may from time to time prescribe: provided, that nothing in
this section shall be held to authorize the unreasonable blocking or ob-
structing of any public highway in the said town.

ARTICLE XIV.

1. The persons hereinafter named shall fill the offices respectively
designated, until their successors shall have been elected or appointed,
and have qualified: Mayor, John A. White; councilmen, J. N. Smith,
R. O. Clark, Frank Kearney, E. C. Kaiser, W. F. Clark, T. H. Bryan,
R. E. Wilson, Lawrence M. Brown, Edward Duschere, and W. H. Shel-

ton. ,
ARTICLE XV.

1. This act shall be in force and become operative on and after the
first day of April, nineteen hundred.