Chap. 265.—An ACT to amend and re-enact section 1 of an act approved Feb-
ruery 7, 1835, providing a charter for the town of Bridgewater, as amended
by an act approved March 3, 1884, and as amended by an act approved
August 26, 1884, and all other acts amendatory thereof on condition.

Approved February 16, 1901.

Be it enacted by the general assembly of Virginia. That section one
of an act approved February seventh, eighteen hundred and thirty-five.
providing a charter for the town of Bridgewater, as amended by an act
approved March third, eighteen hundred and eighty-four, and as
amended by an act approved August twenty-sixth, eighteen hundred and
eighty-four, and all other acts amendatory thereof. be amended and _re-
enacted so as to read as follows:

§ 1. Be it enacted by the general assembly of Virginia, That the corpo-
rate limits of the town of Bridgewater, in the county of Rockingham, as
heretofore established by law, are hereby extended, rearranged and estab-
lished, so as to embrace the territory contained in the following limits—

namely: beginning at a large oak tree on the north bank of North river
at a point on a line with the road running between the lands of Mistress
Susan C. Strough and Jacob II. Wynant ; thence with the west side of
said road in a northeasterly direction to Commerce street; thence in a
straight line in a northernly direction to a large white oak tree on the
north side of the Mount Crawford road: thence continuing the last-men-
tioned straight line in a northernly direction to the south side of the
Dunkard church road; thence in a westerly direction with the line of
said road to the Warm Springs turnpike; thence in a straight line con-
tinuing same bearings, crossing the Warm Springs turnpike to a point
where said line extended strikes the east side of Drv river: thence in a
southerly direction along the east bank of said river, following the mean-
derings of same, to a point where said Dry river empties into the North
river; thence with the east bank of said North river, following the mean-
derings thereof, to the point of beginning: and the said town as it has
heen or may be hereafter laid off into lots. streets and allevs, be, and the
same is, hereby made a town corporate by the name of Bridgewater,
and by that name shall have and exercise all the powers conferred by the
forty-fourth chapter of the code of Virginia, eighteen hundred and
eighty-seven, and the laws of the state so far as the same may be applica-
ble to the government of towns of less than five thousand inhabitants,
and not inconsistent with the provisions of this act. The foregoing
amendment and re-enactment of said section one, of said charter, shall,
however, be subject to and on the condition that the same is approved
by a majority vote of the qualified voters at a special election hereinafter
provided for.

(a) A special election shall be held on the fourth Thursday in May,
nineteen hundred and one, at which all qualified voters of Bridgewater
precinct then residing within the corporate limits proposed by the above
amendment, shall be eligible to vote and no others. At such elections
shall be submitted to the said voters the question of ratifying and approv-
ing or of rejecting and disapproving the said proposed amendment and
re-enactment of section one of the charter of said town.

(b) The mayor of the town of Bridgewater shall, prior to said elec-
tion, have printed and furnish to one of the judges of said election a
suflicient number of ballots to supply each qualified voter hereunder
with a ballot, on the day of election. On these ballots shall be printed
the words, “for amendment” and “against amendment.” The voter de-
siring to vote for the amendment and re-enactment of section one of the
charter of the said town as above set forth, shall mark out with pen or
pencil the words against amendment; the voter desiring to vote against
the above proposed amendment and re-enactment of said section one, of
said charter of said town, shall mark out with pen or pencil the words
for amendment. The said mayor shall also provide two ballot boxes for
said election in which boxes shall be deposited only the ballots cast upon
the question submitted under this act. In one of said hallot boxes shall
be deposited only the ballots cast upon the question submitted under this
act. In one of said ballot boxes shall be deposited the ballots cast under
this act hy voters who reside within the present corporate limits of the
town of Bridgewater, and in the other ballot box shall be deposited the
hallots cast under this act by the qualified voters residing without the
present corporate limits of said town of Bridgewater, but within the
corporate limits of said town as set forth in the foregoing proposed
amendment to section one of the charter of the said town. The said special
election shall be held at the same time and place as the county and dis-
trict election at which said voters are entitled to vote on the said fourth
‘Thursday in May, nineteen hundred and one. And the judges and clerks
who shall at such time and place serve as judges and clerks for said
county and district election, shall also serve as judges and clerks at and
for the special election to be held the fourth Thursday in May, nineteen
hundred and one, provided for in this act, and for the extra service so
performed under this act shall each be entitled to the sum of one dollar.
The said judges of election shall exercise the same care and control over
said ballot boxes as over the ballot box provided for the county and
district election. After the polls are closed and said judges and clerks
of election have counted the votes on the county and district election, they
shall forthwith open the ballot boxes containing the ballots east under
the provisions of this act, and count the same, taking care to count sepa-
rately and to keep a separate record of the ballots cast by the qualified
voters residing in the present corporate limits of said town of Bridge-
water and those ballots cast by the qualified voters under this act, residing
out of the said corporate limits. When the said ballots cast under the
provisions of this act shall have been counted, the judges and clerks of
election shall forthwith certify the result thereof to the mayor and coun-
cil of the town of Bridgewater, to the following effect: We hereby certify
that votes were cast for amendment, and that votes were
cast against amendment by the voters residing within the present limits
of the town of Bridgewater, at the special election held at Bridgewater
on the day of 190—; we further certify that votes
were cast for amendment and votes were cast against amendment
by voters residing without the present corporate limits of the town of
Bridgewater, but within the limits named for said town in the proposed
amendment and re-enactment of section one of the charter of said town,

at the said special election. ————_ Juve.
Clerk. - —————_ Judy.
Clerk. ———— Judge.

And the said judges and clerks of said special election shall also forth-
with make a like certificate to the county court of Rockingham county,
to be presented to said court by one of said judges, at the first session
thereof held after such special clection, and the same shall at once be
entered upon the records of said court. The ballots to be east at said
special election or at either of the special elections hereinafter provided
for, need not be officially marked or stamped.

(c) If it appear to the said county court that a majority of the votes
cast in both of said ballot boxes at the special election pro-
vided for in this act are for amendment. the said court shall forthwith
enter an order declaring such result and that section one of the charter
of the town of Bridgewater is and shall be from the date of the entry of
such order by said court amended and re-enacted as heretofore proposed
in this act, yet without proviso or condition; and thereupon section one
of the act approved February seventh, eighteen hundred and thirty-five,
providing a charter for the town of Bridgewater, as amended by an act
approved March third, eighteen hundred and eighty-four, and as amended
by an act approved August twenty-sixth, eighteen hundred and eighty-
four, and all other acts amendatory thereof, shall be amended and re-
enacted in accordance with the amendment and re-enactment proposed
in this act, yet free from condition or proviso. But should it appear to
said county court that a majority of the votes cast in cither of said ballot
boxes at said special election are not for amendment, then and in that
event the said county court shall forthwith enter an order declaring such
result and said section one of the charter of the town of Bridgewater
shall remain (unless later amended and re-enacted under the further pro-
visions of this act or under the provisions of some subsequent act) as
it was prior to said special election.
300 ACTS OF ASSEMBLY.

(d) In the event, however, that at the said special election so held
on the fourth Thursday in May, nineteen hundred and one, a majority
of the votes so cast shall not be for amendment, the town council of the
said town of Bridgewater may at any time after the expiration of six
months from the said fourth Thursday in May, nineteen hundred and
one, order another special election at which shall again be submitted to
the qualified voters under this act the question of adopting and approv-
ing said amendment and re-enactment of said section one of the charter
of said town, or of disapproving and rejecting said amendment. In
such order said council of said town shall designate the time and place
for holding said election, and such order shall be printed and posted in
at least twenty public places within the limits proposed in said amend-
ment and re-enactment, as the corporate limits of said town, at least
sixty days before such election is held. All qualified voters of Bridge-
water precinct resident within said proposed corporate limits, and no
others shall be entitled to vote at such election so ordered by said council.

At the time said election is so ordered by said council, said council
shall also select three persons to act as judges and two persons to act as
clerks of the said election so ordered by said council; each person so
designated (whether as judge or as clerk of such election) shall be at the
time of such designation, a resident and qualified voter within the pio-
posed corporate limits. It shall be the duty of the persons so designated
as judges or clerks of such special election, to attend at the time and
place named by said council in its said order, and to act es such judges
and clerks, respectively. If any one or more of the judges or clerks so
designated fails to attend at the time and place for holding such elec-
tion, the judge or judges attending may, after waiting not less than half
an hour and not more than one hour from the time at which the polls
ought to be opened, appoint any person or persons qualified as hereinbe-
fore prescribed for judges of such election, to fill the place or places of
such judge or judges, clerk or clerks, as may fail to attend, and such
appointee or appointees shall thereupon be vested with all powers and
functions of those whose places they are appointed to fill, and the elec-
tion shall be held and proceeded with accordingly. The manner set
forth above for providing ballots and ballot boxes and of receiving and

canvassing the ballots cast and of making returns of the results thereof
for the special election to be held the fourth Thursday in May, nineteen

hundred and one, shall apply as well to either of the special elections
which may be held under this act under the order of the council of said
town. The provisions hereinbefore made as to an order being entered
by the county court upon the certificate of the result of the election to
be held the fourth Thursday in May. nineteen hundred and one, and
as to the effect of such order, shall likewise apply to either of the elec-
tions which may he held under this act by order of the council of the
town of Bridgewater. The compensation which shall be allowed to per-
sons who serve as judges or clerks of either of the special elections which
may be ordered by said council of said town. shall be one dollar each.
In the event the said special election which may be held after the expi-
ration of six months from the fourth Thursday in May, nineteen hun-
dred and one, is ordered by said council of Bridgewater and held, and
the majority of the votes cast in both of the ballot boxes at such election
is against amendment, then, after the expiration ef twelve months from
the date of such election so ordered by said council, the said council of
said town may order another election, at which shall again be submitted
to the qualified voters under this act, the question of ‘adopting and ap-
proving or rejecting and disapproving the amendment and re-enactment
of said section one, of the charter of said town of Bridgewater, as here-

tofore proposed in. this act. The provisions made in this act for the
first election which may be ordered by said council shall likewise apply
to this second election which said council may order, as to the order of
said council (except as to the time within which said order may be
made), as to public notice of such election, as to who shall be qualified
voters, as to judges and clerks of election, as to ballots and ballot boxes,
as to canvassing the votes cast and as to the certification of the result of
such election.

(e) All costs attending the holding of either, both or all of the special
elections provided for in “this act and costs attending the entering of the
order or orders of the county court of Rockingham county in accordance
with the provisions of this act, shall be borne and paid by the said town
of Bridgewater.

(f) Each person acting as judge or clerk of election under this act
shall, before entering upon the performance of his duties as such, take
and subscribe an oath in the manner and form provided by section one
hundred and eighteen of the code of Virginia, eighteen hundred and
cighty-seven.

(g) A special election held under this act (whether that to be held
the fourth Thursday in May, nineteen hundred and one, or either of
those which may be thereafter held by order of the council of said town
of Bridgewater) shall, as respects the manner of voting, of receiving and
counting the votes and of making return thereof, be governed by the
laws then in force in reference to regular general elections, except so far
as the same may be necessarily inconsistent with any of the provisions
of this act.

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