Chap. 894.—An ACT to amend the charter of the town of Martinsville in Henry
county.

Approved Narch 3, 1898.

1. Be it enacted by the general assembly of Virginia, That section
fifty-four of an act entitled an act to amend and re-enact the charter of
the town of Martinsville in the county of Henry, approved March third,
eighteen hundred and ninety-two, as amended and re-enacted by act
approved February twenty-first, eighteen hundred and ninety-six, and
section fifty-seven ‘of the aforesaid act approved March third, eighteen
hundred and ninety-two, be amended and re-enacted go as to read as
follows:

§ 54. The sergeant of said town, who shall from time to time be
elected under this act, shall have the like r idhts of distress and such other
power for collecting the taxes and levies made by said council as county
treasurers have in similar cases; and shall be entitled to a commission of
five per centum on the amount of his rece Ipts tor collecting and disburs-
ing the same; and in the service of process, arrest of parties, and the col-
lection of fines ar ising under authority of the charter of said town, or of any
by-laws or ordinances made in pursuance thereof, be shall have and pos-
sess the same rights and powers and be entitled to the same or like fees
and commissions as are now allowed by jaw to sheriffs for similar ser-
vices; and in addition to the general duties of said sergeant he shall, with-
out further or additional compensation, perform such duties for said
town, police or other duties, as may be assigned him by the council
thereof.

He shall report annually in the month of July all delinquent taxes,
erroneous assessments, and insolvents to the town council, and shall in
said month of July of each year make a full settlement with the council or
its committee, and it shall be his duty by the first day of July to collect all
taxes and levies for the fiscal year ending June thirtieth, except such as
may be uncollectible and therefore proper to be reported as delinquent.

§ 57. The sergeant shall be the treasurer for said town. He shall exe-
cute bond before the mayor, subject to the approval of the council, pay-
able to said town, in such penalty as the council may determine with
approved security

He shall receive and hold the moneys belonging to said town and
shall pay out the same upon warrants signed by the mayor and counter-
signed by the clerk of the council; and shall make monthly reports to
the council of his receipts and disbursements for each month, showing
the balance in his hands, and he shall make full quarterly settlements, at
dates to be fixed by the council, of all the receipts and disbursements for
the preceding quarter before a commissioner in chancery of the circuit
court of the county of Henry to be designated by the Judge of said
court, and it shall be the duty of such commissioner to take, state, settle,
and return his report of such settlements, together with the vouchers and
evidence upon which the same are based, to the council, embracing in
said report the solvency and sufficiency of the bond of the sergeant; and
for the services of said commissioner he shall be entitled to charge a
reasonable fee fixed by the town council. And should said sergeant
after being notified by said commissioner to produce his vouchers and
other evidence of his receipts and disbursements before said commis-
sioner, neglect or refuse to produce the same within five days after such
notification upon report of that fact by said commissioner to the Judge
of the said circuit court, said judge may compel obedience to the netifi-
cation aforesaid by fine or imprisonment or both, provided such fine
shall not exceed the sum of one hundred dollars and such imprisonment
shall not exceed thirty days. And in addition to the punishment by
fine and imprisonment, refusal or neglect to obey the notification of said
commissioner shall be cause for removing said sergeant from office.

The council of said town is authorized, and it shall be their duty 1m-
mediately after the annual settlement of the sergeant in this chapter
above provided for in July of each year, to compel said sergeant to
account for in cash the balance which shall be found due by him to the
town upon such settlement, said cash to be deposited with some bank or
other depository to be designated by the council: provided such deposit
is deemed necessary, and if it shall appear that said balance is net in the
hands of the sergeant in cash, or if he shall refuse to deposit such
balance in obedience to the order of eaid council as above provided, it
shall be deemed a breach of his official bond, and said sergeant and his
sureties shall immediately become liable for the amount of such balance
to be recovered by said town by action in the circuit court of Henry
county, or by motion therein after fifteen days’ notice; said recovery to
be paid over to such depository as may be appointed by the council, and
said sergeant shall be removed from oflice by the council and his suc-
cessor appointed by the council to hold office until his successor is elected
as provided by this charter. In case the council deems it proper to
order said annual balance to be deposited with some bank or other
depository, such bank or depository shall pay all warrants which it
would have been the duty of said sergeant to pay had said funds remained
in his possession.

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