Chap. 200.—An ACT to allow the town of Front Royal to supply said town, the
inhabitants thereof, and the inhabitants in the vicinity of said town, with
light, and to issue bonds of said town to effect said purpose, and to hold an
election therefor.

Approyed March 15, 1904.

1. Be it enacted by the General Assembly of Virginia, That it shall
be lawful for the town of Front Royal to provide said town, the inhabi-
tants thereof, and the inhabitants in the vicinity thereof, with light,
either electric or gas, by the erection of new works and plant, and to
that end borrow money and negotiate bonds of said town for the same
to an amount not exceeding fifteen thousand dollars: provided, that the
amount of bonds so issued do not create an indebtedness exceeding that
allowed by section one hundred and twenty-seven Constitution of Vir-

nia.

2. Said bonds shall be known and designated as “light bonds”; they
shall be registered or coupon bonds, as may be determined by the council
of said town; shall be issued in such denominations and bear such rate
of interest, not exceeding five per centum per annum, as may be de-
termined by the said council. The principal of said bonds shall be
payable thirty years from the date of their issuance, or upon the call of
said town council, at any time after twenty years from said date; said
bonds shall be signed by the mayor of said town, and countersigned by
the recorder, and shall have printed on the face thereof the statement
that they were issued in pursuance of the provisions of this act, and by
authority of the voters of said town as prescribed herein. They shall
be negotiated and sold in such manner as shall be prescribed by said
council: provided, that only such money shall be borrowed hereunder,
and a sufficient amount of bonds issued therefor, as may be necessary for
the purposes herein declared, and no money shall be borrowed or any of
said bonds issued therefor unless and until a plan or scheme for supply-
ing said town, the inhabitants thereof, and the inhabitants in the vicinity
thereof, with light, shall be agreed upon and adopted by the said council,
and the issue of said bonds authorized by a majority of two-thirds of the
registered voters of said town, as hereinafter provided.

The control and management of any lighting plant constructed
under this act shall be under the direction of the said town council, to be
exercised by it or through such committees or agencies as it may adopt,
and said council shall prescribe the revenues and charges to pay for
the use of said lights; make fines and penalties for the injury or abuse
of said works or property connected therewith, or for the abuse or
waste of said light, furnished by said town, and may enforce and collect
said fines and penalties, and the charges for light by distress or other-
wise, as said council may determine.

4. The revenues derived from the charges for light and the fines and
penalties collected, in pursuance of the third section hereof, shall, after
the payment of the running expenses of the works, be appropriated
towards the payment—first, the interest on the bonds herein authorized
to be issued; second, to provide a sinking fund for the liquidation of
said bonds, and then to such purposes as the said council may deter-
mine. But to provide for the keeping and running said works, and the
payment of the interest on said bonds, said council shall, in aid and
supplement of said revenues, should it be deemed necessary, levy and
collect taxes on any and all subjects which it may now or may here-
after be authorized to tax. The sinking fund to provide for the pay-
ment of the said bonds shall not be less than one per centum upon the
amount of bonds outstanding.

5. To establish a system of lighting said town and furnishing lights
to the inhabitants thereof, and the inhabitants of the vicinity thereof,
the said town may acquire, by purchase or otherwise, and! hold such real
and personal property and water rights, within or without said town, as
may be necessary therefor, and may have such land within or without
said town, necessary for such purposes, condemned by proceedings before
the proper tribunal having jurisdiction over the same, in the manner
prescribed by the general laws of the State for condemning land for
works of internal improvement.

6. This act shall not be operative until the question of the issuance of
said bonds shall have been submitted to the voters of said town, and it
shall appear by a return of the votes cast at such election that two-
thirds of the registered and qualified voters of said town, and a majority
of the freeholders voting, are in favor of the issuance of bonds as pro-
vided in this act; said election to be held in such manner as the said
council shall prescribe after the passage of this act, and after notice
of the time, place, and object thereof shall be given by publication for two
consecutive weeks in one or more of the newspapers published in the town
of Front Royal, and in such other manner as may be deemed necessary
and advisable by said council. The result of said election shall be spread:
upon the minutes of the council of the town of Front Royal, and shall
constitute a basis for the issuance of said bonds of the said town.

%. The legality and regularity of said election may be contested by
any five or more freeholders of said town by presenting a petition to the
circuit court of the county of Warren, in which said town is situated,
setting out specifically the illegality and irregularity, or either is said pe-
tition, which shall be sworn to by one of the petitioners. Upon the
presentation of said petition to said court, or the judge thereof in vaca-
tion of said court, shall order the town council to be made a party de-
fendant to said petition, and this may be done by serving process on the
mayor or any one of the council. The court shall hear the case as in
chancery, except he may order the evidence to be taken in orally before
him or submitted to him in writing, and shall determine the case ac-
cording to the principles of law and equity, and decide the issues upon
their merits, and for any irregularity or illegality of said election may
declare the same void ; in which event another election may be ordered by
said town council, if it desires to do so.

8. It appearing that the said town of Front Royal has immediate
necessity for said lighting plant, and that it is both necessary and ex-
pedient to have said election to be proceeded as soon as the council of
said town may determine, this act is declared to be an emergency act,
and shall be in force from its passage.