Chap. 326.—An ACT to amend and re-enact section 4 of chapter 685 of an act
entitled an act to amend the charter of the town of Cape Charles, in the county
of Northampton.

Approved March 28, 1902.

1. Be it enacted by the general assembly of Virginia, That section
four of chapter six hundred and eighty-five of an act approved March
second, nineteen hundred, entitled an act to amend the charter of the
town of Cape Charles, of the county of Northampton, be amended and
re-enacted so as to read as follows:

§ 4. The mayor and councilmen shall constitute the council of said
town, a majority of whom shall constitute a quorum to do business, and
all the corporate powers of the said town shall be exercised by the said
council or under its authority, except where otherwise provided by law.
The mayor shall be president of the council, and shall have all the rights,
powers, and privileges conferred upon such officer by the general laws of
this State for the government of towns of less than five thousand inhabi-
tants. He and each member of said council shall be clothed with all the
powers and authority of a justice of the peace in civil and criminal mat-
ters within the limits of said town and one mile beyond said limits, and
shall be entitled to charge and receive the same feces as a justice for like
services rendered as if he or cither of the said councilmen were not paid
any salary by the said town. All fines, penalties, or imprisonments for
violation of the ordinances of the said town or laws of the State within
the limits aforesaid shall be recovered before or enforced under the
judgment of the said mayor or a member of the said council, as the case
may be, and for that purpose he, or either of them, may issue process in.
the same manner as justice of the peace, and for such services shall be
entitled to the same fees as a justice for like services performed as if he
or either of the said councilmen were not paid any salarv bv the said
town. The mayor shall have no vote in council save in case of a tie, when
he shall have the casting vote. Any vacancy occurring in the office of
mavor or councilmen, ad interim, shall be filled by said council for the
unexpired term of such office. Any person entitled to vote in the county
of Northampton, and who has resided in the said town for three months
previous to any election, shall be entitled to vote at all town elections:
provided, said persons offering to vote shall be duly registered in the town
as provided by law. The council of said town shall appoint all judges of
town elections and a registrar from among the voters of said town at
least thirty days before an election, and they shall take the oath to dis-
charge faithfully the duties of their respective offices before any officer
authorized to administer an oath. The elections shall be held in ac-
cordance with the laws of this State, and the judges-shall count the bal-
lots and certify to the council at their next regular or special meeting
the names of the persons for whom votes were cast with the ballots for
mayor and councilmen. The clerk shall immediately thereafter make
out and deliver to the mayor and each councilman a certificate of his
election as it appears from the returns of the judges and clerks of elec-
tion. In the event of a tie in the vote for any office, the council shall
decide. All officers of said town shall take the oath of office prescribed
by law before a notary or some other officer authorized by law to admin-
ister oaths before entering upon the discharge of his duties. Should
any of the officers elected or appointed refuse or fail to accept and qualify
within thirty days after such election or appointment, or who were in-
eligible to the position, then it shall be the duty of a majority of such
town council to fill such vacancy by appointment. Only voters of the
town duly registered shall be elected to any position. The mayor shall
have power to call special meetings of the council whenever he deems it
necessary, and in case of his absence, inability, or refusal, the council
may be convened by order of any three members of the council. The
council shall elect the sergeant of the town from among the electors of
the town, and he shall have the same powers and discharge the same
duties, in both criminal and civil matters, as constables of Northampton
county within the corporate limits of said town, and to the distance of
one mile beyond the same, and shall be entitled and charge and receive
fees for services rendered as such constable as if he was not paid any
salary as sergeant of said town. There shall, on the fourth Thursday in
May, nineteen hundred and two, be elected a mayor for a term of two
years from the first day of July next succeeding his election, and until
his successor is elected and qualified, and biennially thereafter a mayor
shall be elected for a term of two years, who shall succeed him whose
term expires as aforesaid. There shall, on the fourth Thursday in May,
nineteen hundred and two, and on the fourth Thursday in May, nine-
teen hundred and three, and on the fourth Thursday in May, nineteen
hundred and four, be elected two councilmen for a term of three years
each from the first day of July next succeeding their election, and until
their successors are elected and qualified, and annually thereafter two
councilmen shall be elected for a term of three years each, who shall suc-
ceed those whose terms expire as aforesaid. All acts or parts of acts incon-
sistent with this act are hereby repealed.
2. This act shall be in force from its passage.