Chap. 298.—An ACT to Amend an Act entitled an Act passed the 29th of
May, 1862, entitled an Act to Prescribe the Mode of Electing Trustees
for the Town of Farmville, in the County of Prince Edward, and Vesting
them with Corporate Privileges.

Approved July 11, 1870.

1. Be it enacted by the general assembly of Virginia, That
the act passed on the twenty-ninth day of May, eighteen hun-
dred and fifty-two, entitled an act to amend the act passed on
the twenty-sixth of February, eighteen hundred and thirty-
three, entitled an act to prescribe the mode of electing trus-
tees for the town of Farmville, in the county of Prince Kd-
ward, and vesting them with corporate powers, be and the
game is re-enacted and amended so as, with the amendments,
to read as tollows: “That the town of Farmville, in the
county of Prince Edward, as the same has been heretofore
laid off into lots, streets, and alleys, and as the same may here-
after be farther laid off and extended into lots, streets, and al-
leys, shall be and the same is hereby made a town corporate,
by the name and style of The Town of Farmville, and by that
name and style shall have perpetual succession and a common
seal, and exercise the powers hereinafter granted, and the pow-
ers conferred by laws of Virginia upon towns, so far as the same
may not be inconsistent with the provisions of this act.

Ҥ 2. That for the better government and well-ordering of
said town, it shall be lawful for the residents thereof, qualified
to vote for all officers elective by the people under the consti-
tution of this commonwealth to elect annually, by ballot, on
the fourth Thursday in May, the following officers; that is to
Bay: one mayor, nine councilmen, one sergeant, one commis-
sioner of the revenue, one treasurer, and one keeper of the
public scales of said town. Each of said officers shall have the
qualifications required by the constitution of this state for any
elective office therein, and shall, when elected and qualified as
hereinafter provided, have the powers, perform the duties, and
be subject to the liabilities and responsibilities prescribed by
the general laws of this state, by this act, and the by-laws and
ordinances of said town.

Ҥ 3. The judge of the county of Prince Edward, shall, in
term or vacation, not less than ten days before the fourth Thurs-
day in July, eighteen hundred and seventy, appoint for the town
of Farmville one registrar and three judges of election, who
shall also act as commissioners of election. The registrar shall,
without delay, proceed and continue for three consecutive days,
to register the names of all qualified voters who reside within
the corporate limits of said town and who apply to be so re-
gistered. The list of registered vdters so made shall, by the
registrar, be placed in the hands of the judges of election, who
shall, at sunrise of the fourth Thursday in July, eighteen
hundred and seventy, open a poll at some convenient place
within said town, and until sunset, of same day, shall receive
the ballots of all voters, duly registered as above provided,
who may present themselves for the purpose of voting; and
on the close of the poll at sunset, said judges shall, without
adjournment or delay, proceed to count the ballots so deposited,
and make return in writing, duly certified, of the result of said
count, which, with the ballots sealed in a separate package,
shall be forwarded, without delay, to the clerk of the county
court of Prince Edward; and a copy of the said return shall
be filed with the clerk of the board of trustees of said town,
or their successors in office, whose duty it shall be to notify
each person so declared elected, of the fact of such election.

“The time and manner of contesting elections, under this act,
shall be as prescribed in general laws relating to elections; and
subsequent to cighteen hundred and seventy, the annual election
shall be held on the fourth Thursday in May; and revision of
list of registered voters, and any and all matters and forms
pertaining to said election, shall be governed by general laws
of this state providing for registration of voters and for gene-
ral elections, so far as applicable to elections for municipal
officers of the town of Farmville.

‘‘§ 4. The persons so elected, shall, before they enter upon
the duties of their offices, respectively, take an oath, or make
solemn affirmation, as prescribed by law, before some one
authorized to administer oaths, well and truly, faithfully and
impartially to do, execute, and perform the duties of their
several offices according to the best of their skill and judgment,
and file a certificate thereof with the clerk of the council: pro-
vided, that said oaths may be taken and the fact recorded be-
fore the council at any meeting, and may be administered by
the mayor or other officer then presiding.

Ҥ 5. That should itso happen that an election of officers,
.as above named, be not made at the time prescribed for an
annual election, then such election may be had upon ten days’
public notice (given by any two or more duly qualified voters
of said town) of the time and place of election: and provided,
the list of registered voters residing within said town shall be
previously revised as prescribed by law. All officers elected
or appointed under the provisions of this act, shall hold and
perform the duties of their respective offices until their suc-
cessors, or & legal quorum thereof, are elected and qualified.

Ҥ 6. The mayor shall preside at the meetings of the coun-
cil, or, in his absence, one of the councilmen, chosen by a ma-

jority of the councilmen then present. He shall be the chief
executive officer of the town; shall be clothed with all the
powers and authority of a justice of the peace in civil as well
as criminal matters arising within the corporate limits, and
said jurisdiction shall extend to a distance of one mile beyond
the corporate limits of said town; shall take care that the by-
laws and ordinances of the town are faithfully executed, and
shall exercise all the powers and duties now vested, or which
may be hereafter vested, in mayors of towns of less than five
thousand inhabitants. He shall have control of the police of
the town, and may appoint special police officers whenever he
deems it necessary; shall have power to issue process, hear
and determine all prosecutions, cases, and controversies arising
under any by-laws and ordinances of the town; to impose
fines when authorized by said by-laws and ordinances, and issue
execution for their collection, saving to the parties the right
of appeal to the county court of Prince Edward; which ap-
peal, if the fine or other matter or thing shall exceed the sum
of five dollars, shall be taken in the same time and manner,
and upon the same terms that appeals are now taken by law
from judgments of a single justice of the peace.

Ҥ 7. The council shall meet monthly, at such time as they
may themselves appoint; and special meetings may be held at
any other time than that so appointed, on the call of the mayor
or any three councilmen. Upon the call of any member, the
yeas and nays on any question shall be called, and recorded on
the journal. The proceedings of every meeting shall be en-
tered upon the journal, and shall be signed by the person pre-
siding; and the record of all proceedings shall be open to the
inspection of the voters of the town.

Ҥ 8. The council shall have power and authority within the
said town to establish markets and regulate the same; to alter
or improve streets, alleys, walks, and bridges, and keep the
same in order; to provide for the lighting of the streets and
the protection and repair of.street lamps and lamp posts; to
provide against and prevent accidents by fire, and for that pur-
pose to establish and organize fire companies, purchase engines,
and provide such wells or cisterns as may be necessary to sup-
ply the same with water for the purpose of extinguishing fires;
to prevent and punish, by reasonable fines, the practice of dis-
charging fire-arms and running horses in said town; to license
and regulate shows and other public exhibitions, and the same
to tax In such reasonable extent and manner as may be expe-
dient and lawful; to lay off public grounds, and provide and
take care of public buildings, grounds, and cemeteries, and to
establish proper regulations for the management of such ceme-
teries, and charges for the use or sale of lots therein, for the
purpose of providing for the decent maintenance of the samc;
to adopt rules for its own government and the transaction of
its business; to define the powers, prescribe the duties, and
fix the term of service and compensation of its appointees,
necessary for conducting the affairs of said town, not other-
wise provided for by this act; to fix the salary and compensa-
tion of the mayor and all other officers; but no compensation
shall be allowed to any member of the council, except he be
acting as recorder or clerk for the council ; and finally, to make
all such by-laws, rules, and regulations (not inconsistent with
the constitution and laws of this state or of the United States)
as they may deem necessary and proper for the good govern-
ment of said town, and the same to enforce by reasonable fines
and penalties, not exceeding, for any one offence, the sum of
ten dollars, to be recovered, with costs, in the name of the cor-
poration of Farmville, under the judgment and order of the
mayor, saving appeal, as herein provided, to the county court
of Prince Edward; or in default of payment of such fine, the
offender may be imprisoned in the town jail not more than
thirty days. ;

Ҥ 9. The council shall have power to provide a revenue for
the town and appropriate the same, and for that purpose the
commissioner of the revenue shall make an annual assessment
of taxable persons and property within the town, such as is
now or may hereafter be subject to taxation by the revenue
laws of the commonwealth, and also on dogs or other animals
running at large: provided, that the tax on real estate shall
not exceed in any one year, fifty cents on every hundred dol-
lars’ value thereof, and fifty cents per head on each male in-
habitant over twenty-one years of age: and provided also, that
the tax imposed on all other property within said town shall
not exceed the like taxation on like subjects, imposed by the
revenue laws of this commonwealth, unless such excess shall
have been authorized by a majority of the qualified voters of
said town, voting upon such question at any annual election for
mayor and councilmen.

“$10. It shall be competent for the council to conduct and
distribute water into and through said town whenever the
question shall have been, after at least thirty days’ public no-
tice, submitted to a vote of the qualified voters within said
town at any annual election for mayor and councilmen, and
the ballots cast by such voters on said question, being duly
canvassed, as provided for the canvass of votes cast at the
election of municipal officers, a majority shall assent to the
introduction and distribution of water into and through said
town, and the necessary charges upon the said town incurred
thereby.

“$11. Whenever anything for which a state license is re-
quired is to be done in said town, the council may require a
town license therefor, and may impose a tax thereon for the
use of the town. The council may require from the person so
licensed, a bond, with sureties, payable to said town, in such
penalties and with such conditions as it may think proper and
reasonable, and may revoke such license at any time if the
conditions of said bond be broken.

Ҥ 12. The sergeant of said town shall collect the town
taxes, fines, levies, and licenses, and shall have and posseas the
right of distress and powers in collecting said taxes, fines,
levies, and licences, service and return of all process arising
under the authority of this act, or of any by-law made in pur-
suance hereof, and shall be entitled to the same or like fees and
commissions as are allowed by law to constables or township
collectors for similar duties and services; except that the com-
mission for collecting taxes, levies, and licenses, may be fixed
by the council at such rate as they deem proper: and pro-
vided further, that he shall not distrain or levy therefor until
thirty days from the time of receiving the commissioner’s
books. Said sergeant shall execute to the said town of Farm-
ville, bonds, with security deemed sufficient and approved by
council, in such penalty as they shall deem necessary, payable
to the corporation, conditioned for the faithful discharge of his
duties, and payment over of said taxes and other moneys by
him collected 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 Prince Edward, for enforcing payment of such
taxes and other moneys by him collected, at the suit of the
said mayor and council, or other persons entitled, as collectors
of county levies are, by law, subject to for enforcing payment
of the levies by them collected.

Ҥ 13. The treasurer shall have charge of all moneys belong-
ing to said town, and shall pay the same out on the order of
the mayor, countersigned by the clerk or recorder of the
council, and not otherwise. Je shall execute, to the said town
of Farmville, bonds, with security, deemed sufficient and ap-
proved by the council, in such penalty as they shall deem ne-
cessary, payable to the corporation, conditioned for the faithful
discharge of his duties, in the safe-keeping and proper dis-
bursement of all town funds received by him; and in default
thereof, subject to the like proceedings as hereinbefore pro-
vided in the case of default or malfeasance by sergeant of said
town.

Ҥ 14, In case of the misconduct of any officer of said town,
appointed by the council under the authority of this act, the
said council shall have power to remove the offender and supply
the vacancy thereby occasioned. And in case of a vacancy in
the office of councilman, sergeant, commissioner of the revenue,
treasurer, or keeper of the public scales, the council may sup-
ply such vacancy for the unexpired term by the appointment
of a properly qualified voter residing within said town; and in
case of a vacancy in the office of mayor, the council may supply
such vacancy for the unexpired term by the election of one of
their own number, who sball thereupon take and subscribe an
oath, or solemn affirmation, truly, faithfully and impartially to
discharge the duties of said office so long as he shall continue
therein, and be invested with and fully empowered to exercise
all the funstions of such officer when elected by the people.

Ҥ 15. That in order the better to determine what persons
are liable to taxation in said town, it is hereby declared that
all persons liable to taxation, as hereinbefore provided, and re-
siding in said town, annually, on the first day of April, shall be
subject to taxation the then current year.

Ҥ 16. All fines, penalties, and amercements, and all other
moneys received or raised by virtue of this act, and not other-
wise directed to be applied, shall be at the disposal of the
council for the use and benefit of said town. .

Ҥ 17. The council may, in the name and for the use of the
town, contract loans, or cause to be issued certificates of debt,
and provide for a sinking fund to pay the same; but such loans
shall not be made redeemable for a period less than five years
or greater than thirty-four years: provided, that no tax shall
be levied and no debt shall be created unless by a vote of two-
thirds of all the members of the council elected, which vote
shall be taken by ayes and noes, and spread upon the journal.

Ҥ 18. That in all suits or prosecutions arising under any
by-law, rule, or regulation made by the council of the said
town, in manner aforesaid, when the constitutionality or valid-
ity of such by-law, rule, or regulation shall be contested, ap-
peals shall be from the judgment of the judge of the county
court of Prince Edward to the circuit court for the said county,
without regard to the sum or amount in controversy. Sach
appeals shall be taken within the same time and upon the same
terms as are prescribed by law for taking appeals from the
judgments of county courts within this commonwealth; and
the said circuit court shall try and decide such appeals in
the same manner as the several county courts within this com-
monwealth are by law directed to try appeals from the judg-
ments of justices of the peace; and judgments of said circuit
court, rendered upon such appeals, shall be executed as other
judgments of the said court are executed.

“$19. The act passed on the twenty-ninth day of May,
eighteen hundred and fifty-two, entitled an act to amend an
act passed on the twenty-sixth day of February, eighteen hun-
dred and thirty-three, entitled an act to prescribe the mode of
electing trustees for the town of Farmville, in the county of
Prince Edward, and vesting them with corporate powers, is
hereby repealed. .

“§ 20. This act shall be in force from its passage.”