Chap. 143.—An ACT to amend and re-enact ar act entitled an act to
amend aud re-enact an aet passed Murch 14, 1849, entitled an act
to extend the limits of and provide for electing trustees for the town
of Marion, in the county of Smyth, investing them with certain cor-
porate powers, approved July 9, 1870.

Approved February 27, 1679.

1. Be it enacted by the general assembly of Virginia, That
seetions eight, nine, and fourteen of an act entitled an act to
amend and re-enact an act passed Mareh fifteenth, eighteen
hundred and forty-nine, entitled an act to extend the limits of
and provide for electing trustees for the town of Marion, in the
county of Smyth, investing them with certain corporate powers,
be amended and re-enacted so as to read as follows:

§ 8. Be it further enacted, That the said mayor and council-
men shall have power to appoint, annually, a sergeant or town
collector, who shail have and possess the like right of distress
and powers in collecting the said taxes, service and return of
all process arising under the authority of this act, or of any
by-law made as aforesaid in pursuance hereof, and shall be
entitled to the same or like fees and commissions as are allcwed
by law to sheriffs for similar duties and services. ‘The sergeant
or town coliector shall execute to said mayor and councilmen,
for the time being, bond, with approved security, in such pen-
alty as they shall deem necessary, payable fo them and their
successors in office, conditioned for the faithful discharge of
his duties, and payment over of said taxes and all other moneys
by him coHected or received in virtue of his office; and he and
his securities, his and their executors and administrators, shall
be subject to such proceedings, by motion or otherwise, before
the court of the county of Smyth, for enforcing payment of
such taxes and other moneys by him collected and received at
the suit of the mayor and councilmen, or other person entitled,
as collectors of county levies are by law subject to for enforcing
payment of the levies by them collected, and the seryeant shall
exercise all the duties of a constable within the Marion magis-
terial district : provided, he shall give an additional bond to the
county court of Smyth in such an amount as inay be required
of him by the court.

§ 9. Be it further enacted, That in case of the misconduct of
any officer of said town, appointed by the mayor and council-
men under the authority of this act, the said meyor and coun-
cilmen shall have power to remove the offender and supply the
vacancy thereby occasioned; and in case of vacancy in the
office of mayor, recorder, or of a councilman of said town, such
vacancy shall be filled by an election or appointment by the
council, and the person so elected or appointed shall be regu-
larly qualified prior to the first succeeding meeting, and shall
hold such office until the close of the regular term, and in case
of the misconduct of any officer of said town appointed by the
mayor and councilmen under the authority of this act, the
mayor and councilmen shall have power to remove the offender
and supply the vacancy thereby occasioned.

§ 14. Be it further enacted, That the mayor shall be clothed
‘with all the powers conferred upon justices of the peace in this
commonwealth, to be exercised within the corporate limits of
the said town of Marion; and he shali also exercise ail the
powers of a justice of the peace within the Marion magisterial
district.

2. That sections eight and fourteen shall take effect on and
after July first, eixhteen hundred and gseventy-nine, and section
nine from and aiter the passage of this act.