CHAP. 177.—An ACT to amend and re-enact section 24 of an act
approved April 29, 1870, entitled an act to change the name of Fair-
fax to Culpeper, and to provide a new charter for the same, and to
amend the 28th section of said act as amended and re-enacted by an
act approved April 29th, 1874.

Approved March 4, 1840.

1. Be it enacted by the general assembly of Virginia, That
section twenty-four of an act approved April twenty-ninth,
eighteen hundred and seventy, entitled an act to change the
name of Fairfax to Culpeper, and provide a new charter for
the same, and section twenty-eight of said act, as amended
and re-enacted by an act approved April twenty-ninth, eighteen
hundred and seventy-four, be amended and re-enacted so as to
read as follows:

§ 24. The sergeant shall collect the town taxes, fines and levies,
and shall have power one month after he shall have received the
books of the commissioner of the revenue of said town, to dis-
train and sell therefor in like manner as a sheritf may sell and
distrain for state taxes, and shall have in all other respects the
same powers as a sheriff to enforce the payment and collection
thereof. And the said sergeant shall have power to exercise
within the corporate limits of said town, all the duties that a
constable can legally exercise in regard to the collection of
claims, executing and levying process, and he shall be entitled
to the same compensation therefor; and he and his securities
shall be liable to all the fines, penalties and forfeitures that a
constable is legally liable to for any failure or dereliction in
his said office, to be recovered in the same manner and before
the same courts that said fines, penalties and forfeitures are
now recovered against a constable. But said council shall
have power at any time to appoint a special collector of taxes
and levies for said corporation, and such special collector, upon
executing before said council a bond with good security, in
such penalty as may be prescribed by said council, conditioned
for the faithful performance of his duties as is prescribed in
the twenty-eighth section of this act, shall have all the powers
for the collection of such taxes and levies as is given to the
sergeant by this section, and shall be subject to the same pen-
alties, remedies and liabilities.

§ 28. The recorder, sergeant and such special collector as
is provided for in the twenty-fourth section, shall, before en-
tering upon the duties of their offices, execute before the
council of said town, bonds with satisfactory security in a
penalty not less than five thousand dollars: provided, that if
the sergeant is not required to collect the taxes and levies of
said corporation, then the penalty of his bond may, in the
discretion of the council, be less than five thousand dollars,
and that of the bond of such special collector may, in the discre-
tion of the council, be fixed at double the amount of taxes and
levies to be collected by him. ‘The bond of the recorder shall
be conditioned for the faithful performance of his duties as
treasurer, and that he will faithfully pay over and account for
all money that shall come into his hands as treasurer, when
and as he shall be thereto required by the council. The bond
of the sergeant shall be conditioned for the faithful perform-
ance of his duties as sergeant and for the collecting and
accounting for and payment of the taxes, fines and other
moneys of the town which shall come into his hands, or which
it shall be his duty to collect, at such times and to such per-
sons as the council may order, to pay over all money under
executions to those entitled to the same.

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