Chap. 428.—An ACT for the Government of Towns of Less Than Five
Thousand Inhabitants.

Approved November 5, 1870.

1. Be it enacted by the general assembly, That sections
eleven to twenty-third of chapter fifty-four of the Code of’ Vir-
ginia, be amended and re-enacted so as to read henceforth as
follows:

Ҥ 11. In every incorporated town with less than five thou-
sand inhabitants, unless the charter of said town otherwise pro-
vide, there shall be elected annually, on the fourth Thursday
in May, one elector of the said town, who shall be denomina-
ted the mayor, and six other electors, who shall be denomi-
nated the councilmen of said town. The mayor and council-
men shall constitute the council of said town.

Ҥ 12. The judge of the county within which such incorpo-
rated town is situated, shall, in term or yacation, not less than
fifteen days before any election under this chapter, appoint one
registrar and three judges of election, who may also act as
commissioners of election. The registrar shall, at the times and
in the manner prescribed by the laws of this state providing
for registration of voters, make and revise lists of all persons
qualified to vote for members of the general assembly, and who
reside within the corporate limits of said town: provided, that
the judge of the county court of any such county shall have
power to order an election, under provisions of this chapter,
to fill municipal offices for unexpired term to July first, eigh-
teen hundred and seventy-one.

Ҥ 13. The list of registered voters, so made, shall, by the
registrar, be placed in the bands of the judges of election, who
shall, at the time and in the manner prescribed by laws of this
state governing elections by the people, open a poll at the
place designated by the proper officer; and the manner of re-
ceiving the ballots, and canvassing and making return of votes
so cast, shall conform to the general law, except as otherwise
provided in this chapter.

Ҥ 14. The electors of said town shall be all the actual resi-
dents of said town, qualified to vote for members of the gen-
eral assembly.

Ҥ 15. At the close of the election, which shall be at sunset
of the day thereof, the persons conducting and superintending
the election shall count the ballots and make duplicate returns
of the result. One of said returns, with the ballots sealed up,
shall be returned to the clerk’s office of the court of the county ;
the other shall be returned to the council, and recorded in the
record book of said council.

‘“§ 16. There shall be but one place of voting in each town,
which shall be fixed by the ordinances of the town or by the
officer conducting the said election, in case there shall be no
such ordinance. Of the time and place of such election, five
days’ notice shall be given by the sheriff to the electors of said
town by causing written or printed notices to be posted at
three or more public places within the corporation, and in such
other mode as he may deem best.

Ҥ 17. If any sheriff fail to perform any duty required by
this chapter, without a reasonable excuse therefor, he shall for-
feit to the town one hundred dollars.

Ҥ 18. The persons so elected, shall enter upon the duties of '
their office on the first day of July next succeeding their elec-
tion, and shall continue in office until their successors are
elected and qualitied.

Ҥ 19. Every person elected a councilman, shall take an oath
faithfully to execute the duties of his office to the best of his
judgment. The person elected mayor, shall also take the oaths
prescribed by law for all state officers.

‘€§ 20. The council shall judge of the returns by the sheriff
or sergeant, and of the election and qualification of the persons
returned; may fine members of their body for disorderly be-
havior, and with the concurrence of two-thirds expel a mem-
ber. If any person returned be adjudged disqualified or be
expelled, a new election shall be held at the same place on such
day as the council or board may prescribe, to supply the va-
cancy. Any vacancy occurring otherwise during the term for
which any of the said persons may have been elected, may be
filled by the council, by the appointment of any one eligible to
such office. A vacancy in the office of mayor may be filled by
the council, either from their own body or from the electors of
said town.

Ҥ 21. The mayor, as chief magistrate of the corporation,
shall take care that the by-laws and ordinances of said town be
faithfully executed. ‘The mayor and members of the council
of said corporation, for the time being, are declared to be and
constituted conservators of the peace within said town, and
shall have all the power and authority for preserving the peace
of said town which are now vested in the justices of the peace ;
they shall have power to issue process, and to hear and deter-
mine all prosecutions, cases, and controversies, which shall
arise under the by-laws and ordinances of the said corporation;
to impose fines and inflict punishments when and wherever
they are authorized by the said by-laws and ordinances; and
to issue executions for their collection, saving to the parties
the right of appeal to the county court in all cases whatever,
wherein the fine shall exceed the sum of ten dollars, which ap-
peals shall be taken in the same manner and upon the same
terms that appeals are now taken from judgments of a single

justice of the peace.

Ҥ 22. The council may adopt rules for the regulation of
their proceedings, but no tax shall be levied or corporate debt
contracted unless by a vote of two-thirds of the council, which
vote shall be taken by ayes and nays, and recorded on the
journal. The mayor shall preside over the said council, and when
he is absent, they may appoint a president pro tempore. A
journal shall be kept of their proceedings; and at the request
of any member present the ayes and nays shall be recorded on
any question. At the next meeting the proceedings shall be
read and signed by the person who was presiding when the
previous meeting adjourned, or if he be not then present, by
the person presiding when they are read.”

2. The mayor shall have power to suspend, and the council
shall have power to remove, all other town officers, whether
they be elected or appointed, for misconduct in office or neglect
of duty, to be specified in the order of suspension or removal ;
but no such removal shall be made without reasonable notice
to the officer complained of, and an opportunity afforded him
to be heard in his defence.

3. This act shall be in force from and after the first day of
December, eighteen hundred and seventy.