Chap. 308.—An act to provide for the incorporation by the courts of towns of
more than two hundred and less than five thousand inhabitants, and con-
ferring upon said towns, when incorporated, certain powers of taxation.

Approved March 14, 1908.

1. Be it enacted by the General Assembly of Virginia, That when-
ever a petition signed by twenty electors of any unincorporated town,
or thickly settled community, within this State, shall be presented to the
circuit court of the county in which such town or community is situated,
setting forth the metes and bounds of said town, and stating as near as
may be the number of inhabitants of said town, and praying that such
community may be incorporated as a town, with satisfactory proof that
such petition has been published in full in some newspaper published
in said county, once a week for four successive weeks and posted at
the front door of the courthouse of said county for four successive
weeks; and said court shall be satisfied that it will be to the interest of
the inhabitants of said town; that the prayer of the petition is reason-
able; that the general good of the community will be promoted; that
the number of inhabitants of said town exceeds two hundred and does
mot exceed five thousand, and that the area of land designed to be
embraced within the town is not excessive; such court shall, by an order
reciting the substance of said petition and the due publication thereof,
and that it is to the best interests of the inhabitants of that locality,
that the general good of the community will be promoted by the incor-
poration of the said town and that the number of the inhabitants exceeds
two hundred and does not exceed five thousand, order and decree and
enter upon its law order book that such town be, and the same is hereby,
incorporated as a town by the name and style of “The town of
(naming it),” and designating in such order the metes and bounds
thereof, and thenceforth the inhabitants within such bounds shall be a
body politic and corporate with all the powers, privileges and duties
conferred upon and appertaining to towns under the general law.

The order so incorporating said town shall order the first election of
town officers, and shall designate the place where said election shall be
held in said town and the electoral board of the county within which
such town, or the greater part thereof, is situated, shall, not less than
fifteen days before said election, appoint one registrar and three judges
of election, who shall also act as commissioners of election, and said
officers of election shall conform to the requirements of section ten
hundred and twenty-two of the Code of Virginia, and the conduct of
said election shall conform in all other respects to the requirements of
the general law regarding the holding of election in towns so far as
applicable. Said election shall be held, the vote counted, returned, can-
vassed and certified as regular elections are held, returned, canvassed
and certified; provided, that the officers elected at said election shall
only hold office till the next regular election of town officers to be held
as provided for by general law; provided, further, if no newspaper be
published in the county in which the town is located, then ten copies
of said petition shall be posted in said town or community to be incor-
porated, for thirty days, and by posting said- petition at the front door
of the courthouse of said county for a like period of time.
If the court shall be in doubt as to whether it will be to the best
interest of the inhabitants of that locality and that the general good
of the community will be promoted by the incorporation of the proposed
town, it may require a petition signed by a majority of the voters
qualified to vote at the preceding November regular election, residing
within the limits of the proposed town, asking for incorporation as a
prerequisite to granting the prayer of said petition for incorporation ;
provided that in every case the court may dispose of the matter as in
its discretion may appear best. The board of supervisors of the county
or any resident of the county of which the proposed corporation will
embrace a part, may, on motion, have themselves made parties defend-
ant to any such petition, and, in the discretion of the court, shall be
liable for any taxable legal costs involved in the making of such con-
test.

The court may hear evidence and, in its discretion, for good cause
shown, may change the boundaries named in said petition and fix such
metes and bounds for said proposed corporation as it may deem best
for the public good.

§2. An appeal may be granted by supreme court of appeals, or any
judge thereof, to either party from the judgment of the court, and the
appeal shall be heard and determined without reference to the prin-
ciples of demurrer to evidence, the evidence to be considered as on appeal
in chancery cases, and costs in the circuit court shall be awarded as the
said court shall determine. The costs in the supreme court of appeals
shall be awarded to the party substantially prevailing.

3. This act shall not affect any charter of incorporation of any town
heretofore granted, and any towns incorporated under this act shall
be subject in all respects to the general laws of the State governing
incorporated towns.