Chap. 571.—An ACT to amend and re-enact an act approved May 15, 1903, en-
titled “an act to amend and reenact sections 4 and 11 of an act entitled ‘an
act to incorporate the town of Hampton, in Elizabeth City county, Virginia,
approved May 23, 1887, as amended by an act entitled ‘an act to amend and
re-enact sections 3 and 4 of the charter of the town of Hampton,’ approved
March 3, 1898.”

Became a law without the governor’s signature December 26, 1903.

1. Be it enacted by the general assembly of Virginia, That an act ap
proved May fifteenth, nineteen hundred and three, entitled “an act to
amend and’ re-enact sections four and eleven of an act entitled ‘an act to
incorporate the town of Hampton, in Elizabeth City county, Virginia,
approved May twenty-third, eighteen hundred and eighty-seven, as
amended by an act entitled: ‘an act to amend and re-enact sections three
and four of the charter of the town of Hampton, approved March third,
eighteen hundred and: ninety-eight,” be amended and re-enacted to read
as follows:

§ 4. There shall be elected on the second Tuesday in June, nineteen
hundred and three, and every two years thereafter, two electors from each
ward, who shall be denominated the councilmen of the said town; and
there shall also, at the same time, be chosen by the electors of the suid
town of Hampton, a mayor of the said town, who shall be an elector
thereof. The mayor and the councilmen shall constitute the council of
the said town; they shall enter upon the discharge of the duties of their
respective offices on the first day of September next succeeding their elec-
tion, and shall continue in office until their successors are elected and
qualified: provided, that in the event any vacancy shall exist in the office
of mayor or councilman, by reason of death, resignation, removal, or
otherwise, such vacancy shall be filled for the unexpired term by a vote
of the majority of the remaining members of the council.

811. There shall be elected by the qualified voters of the said town on
the second Tuesday in June, nineteen hundred and five, and every two
years thereafter, a town treasurer, who shall be an clector of the said
town, and who shall enter upon the discharge of the duties of his office
on the first day of September next suceceding his election. He shall con-
tinue in office until his successor is elected and qualified, and shall collect
and keep all funds and other moneys belonging to the town, and pay out
the same on the order of the town council, attested by the town clerk.
The said treasurer, before entering upon the discharge of the duties of
his office, shall give a bond in the penal sum of twenty-five thousand dol-
lars, with sccurity, to be approved by the town council, payable to the
town of Hampton, Virginia, and conditioned upon the faithful perform-
ance of his duties; and the said town council may require and accept
either personal security or a guaranty or security company, doing busi-
ness in the State of Virginia, as surety. He shall receive no salary, but
his compensation for the performance of his duties shall be a commission
of five per centum of the moneys collected from all sources, except on the
proceeds of bonds issued by the town, upon which amounts collected a
the proceeds from the sale of bonds issued by the town he shall receive 8
commission of two per centum only; and money loaned by the town, and
subsequently paid, upon which he shall reccive a commission of five per
centum on the interest collected thereupon only; and if any vacancy
exist in the office of town treasurer, whether by death, resignation, re-
moval, or otherwise, the said office shall be filled by the town council for
the unexpired term ; and,

Whereas, Alonza A. Patrick was duly elected treasurer of the town of
Hampton on the ninth day of June, nineteen hundred and three, but
failed to qualify as such prior to the first day of September, nineteen
hundred and three ; and on the sixteenth day of September, nineteen hun-
dred and three, he was appointed by the county court to fill the vacancy,
which, in the judgment of the said court, existed in the said office by rea-
son of his failure to qualify prior to the first day of September, nineteen
hundred and three; and the supreme court of appeals of Virginia refuses
a writ of mandamus to compel the county treasurer of Elizabeth City
county, who had theretofore been ex-officio treasurer of the town of
Hampton, to turn over and surrender the books, papers, moneys, and
properties belonging to the town to the said Alonza A. Patrick; and the
said Alonza A. Patrick, having in all respects complied with the pro-
visions of the act hereby amended, except as to the date of his qualifica-
tion, the said Alonza A. Patrick is hereby confirmed as town treasurer
of the town of Hampton, to hold office as such until the first day of Sep-
tember, nineteen hundred and five, and thereafter until his successor has
duly qualified; and the acts of the said Alonza A. Patrick, as de facto
treasurer of the town of Hampton, are hereby ratified and confirmed.

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