Chap. 122.—An ACT to amend and re-enact section twenty-seven of
chapter one hundred and eighty-nine, Sessions Acts of eighteen hun-
dred and seventy -two-seventy-three, the title to which act was amended
by section one, chapter three hundred and sixteen, Sessions Acts of
eighteen hundred and seventy-two-seventy-three, to read as follows:
An act to amend and re-enact sections twelve and twenty-four of an
act Providing a Charter for the City of Norfolk, in force March six-
teenth, eighteen hundred and seventy-one, and to amend and re-enact
sections six, fourteen and twenty-seven of the same act, as amended by
an act in force March four, eighteen hundred and seventy-two, and to
repeal sections thirty-nine and forty of said act Providing a Charter
for the City of Norfolk, in force March sixteen, eighteen hundred and
seventy-one.

Approved March 15, 1876.

1. Be it enacted by the general assembly, That section
twenty-seven of chapter one hundred and eighty-nine, Ses-
sions Acts of eighteen hundred and seventy-two and eighteen
hundred and seventy-three, in force March nineteenth, eigh-
teen hundred and seventy-three, be amended and re-enacted
so as to read as follows:

§ 27. There shall be elected by the qualified voters of the
city of Norfolk, on the fourth Thursday in May, eighteen
hundred and seventy-six, and on the fourth Thursday in May
in every second year thereafter, the following officers: One
collector of city taxes and levies, one commissioner of the
revenue, one city attorney, one inspector of streets, one clerk
of the market, one physician to the almshouse, one keeper of
the almshouse, one keeper of cemeteries, one weigher of hay,
one sealer of weights and measures, three inspectors and
measurers of wood, one gauger and inspector of liquors, four
justices of the peace, and four constables, who shall hold
their offices for the term of two years from the first day of
July ensuing their election, and until their successors shall
be elected and qualified, unless sooner removed. There shall
also be elected on the fourth Thursday in May, eighteen
hundred and seventy-six, and on the fourth Thursday in
May, in every third year thereafter, one city treasurer, who
shall act as clerk of the common council, and perform such
other duties as may be required by law or ordinance, and
who shall hold his office for the term of three years from the
first day of July ensuing his election, and until his successor
shall be elected and qualified, unless sconer removed from
office. The officers hereinbefore enumerated shall give such
bonds and be subject to such rules and regulations as now
are or may hereafter be prescribed by law or ordinance. All
other officers, clerks, and assistants, whether required by law
or ordinance, shall be appointed by the councils at their first
regular meeting after their election, or as soon thereafter as
may be practicable, and the councils shall have power to
create such offices, and appoint such officers, clerks and as-
sistants, as they may deem necessary, not inconsistent with
the provisions of this act, or the constitution and laws of the
state, or the United States. Ordinances and resolutions may
originate in either the select or common council, to be ap-
proved or rejected by the other, and may be amended by
either council with the consent of the other. But when the
councils cannot agree upon any ordinance or resolution, they
shall, after the ordinance or resolution has been pending
thirty days, assemble together in joint meeting; a president
pro tempore shall be elected by the vote of a majority of the
members present at such joint meeting, and such ordinance
or resolution shall be finally decided by a vote of two-thirds
of the members present at such joint meeting: provided,
however, that a quorum of each council shal) be present at
such joint meeting.

2. Sections thirty-nine and forty of an act entitled an act
providing a charter for the city of Norfolk in force March
the sixteenth, one thousand eight hundred and seventy-one,
are hereby repealed.

3. This act shall be in force from its passage.

CuaP. 123.—An ACT to incorporate the Town of Franklin, Southamp-
ton County.

Approved March 15, 1876,

1. Beit enacted by the general assembly of Virginia, That
the town of Franklin, in the county of Southampton, as the
same may be laid off into lots, streets, and alleys, shall be
and is hereby made a town corporate, by the name of Frank-
lin; and by that name shall have and exercise all the powers,
vights, privileges, and immunities, and be subject to all the
provisions of chapter fifty-four of the Code of Virginia, eigh-
teen hundred and seventy-three, so far as the same relates to
towns of less than five thousand inhabitants, and are not in
conflict with the powers herein conferred.

2. That as soon as practicable after the organization of
the council appointed under this act, the said council shall
cause to be made a survey and plan of the town, showing
distinctly its boundaries, its public streets and alleys, and
their width, with such explanations or remarks as they may
deem proper. |

3. That the officers of said town shall consist of a mayor,
Rix councilmen, a recorder, and sergeant—the sergeant to be
appointed by said councilmen. The mayor and councilmen
shall compose the council of said town. The said officers
shall hold their offices for one year, and until their successors
are duly elected and qualified. |

4, The recorder shall keep an accurate record of all the
proceedings of the council, its by-laws, acts, and ordinances,
which record shall be open at all times to the inspection of
any voter of the town; and the recorder shall be ex-officio
treasurer of said corporation, whose duties and compensation
as such shall be prescribed by the council; and the council
may.appoint such other officers as they may deem proper,
and may define their pgwers, duties, and compensation.

5. That for the purpose of carrying into effect the police
regulations of said town, the said town shall be allowed the
use of the county jail of Southampton for the safe-keeping
and confinement of all persons, who shall be sentenced to
imprisonment under the ordinances of the said town.

6. That the sergeant of said town shall be a conservator
of the peace, and be invested with the full powers of a con-
stable within the limits of said town; he shall collect the
town taxes, and: may distrain and sell therefor; he shall per-
form such otber duties and receive such compensation as the
council may prescribe.

7. That the election of officers, provided for by this act,
shall be held in the town of Franklin, on the forth Thursday
in May, eighteen hundred and seventy-six, and on the same
day every year thereafter; and the judge of the county court
of Southampton shall, not less than fifteen days before any
election under this charter, appoint one registrar and three
judges of election, who may also act as commissioners of
election. The registrar shall, in the manner prescribed by
the laws of the state providing for registration of voters,
make and revise lists of all persons qualified to vote for mem-
bers of the general assembly, and who reside within the cor-
porate limits of said town.

8. That James F. Bryant shall be mayor; R. C. Barrett,
recorder; and J. H. Cutchin, A. M. Brownley, A. L. Garde-
ner, A. W. Norfleet, Frank Holland, and C. C. Vaughan,
councilmen of said town of Franklin, until the election in
May, eighteen hundred and seventy-six, provided for by this
charter, and until their successors are duly qualified.
9. That should any of the officers hereby appointed, refuse
to accept such appointment, or fail to qualify within thirty
days after the passage of this act, then it shell be the duty
of the county judge of Southampton to fill such vacancy by
appointment.

10. The said council shall have authority to appoint three
freeholders at their first meeting in each year, whose duty it
shall be to assess all real and personal property in the limits
of said corporation for corpo of taxation.

11. The said council shall have power to levy such taxes
as they may deem necessary for the purposes of said town,
as is allowed by existing laws: provided, that no tax upon
the real and personal property in raid town shall exceed the
amount of twenty cents upon the one hundred dollars as-
sessed value thereof.

12. The said town and taxable persons and property
therein, shall be exempt and free from the payment of any
county poor rates or road tax for any year in which it shall
appear that said town shall, at its own expense, provide for
its own poor and keep its roads and streets in order.

13. An fines, penalties, and amercements, and other moneys
received and raised by virtue of this act, and not otherwise
directed to be applied, shall be at the disposal of the council
for the use and Penefit of said town.

14. This act shall be in force from its passage.