CHAP. 162.—An ACT to amend and re-enact an act entitled “an act to pro-
vide for a new charter for the town of Farmville,” approved February
10, 1890, as amended by “an act to amend and re-enact section 18 of
the charter of the town of Farmville,” approved February 9, 1898,
and as amended by “an act to amend and re-enact sections 1, 13 and
21 of an act entitled “an act to provide a new charter for the town
of Farmville,” approved February 20, 1900, as amended by “an act
to amend and re-enact section 21 of the charter of the town of “Farm-
ville,’ approved February 8, 1901.

Approved March 12, 1912.

1. Be it enacted by the general assembly of Virginia, That
an act entitled ‘‘an act to provide for a new charter for the town
of Farmville,” approved February tenth, eighteen hundred and
ninety, as amended by ‘an act to amend and re-enact section
eighteen of the charter of the town of Farmville,” approved
February the ninth, eighteen hundred and ninety-eight, and as
amended by “an act to amend and re-enact sections one, thirtecn
and twenty-one of an act entitled “an act to provide a new char-
ter for the town of Farmville,” approved February twentieth,
nineteen hundred, as amended by ‘‘an act to amend and re-enact
section twenty-one of the charter of the town of Farmville,” ap-
proved February eighth, nineteen hundred and one, be amended
and re-enacted so as to read as follows:

Boundaries.

2. That so much of the land that lies and is contained within
the following boundaries: Beginning at a point on the Appomat-
tox river above and west at a memorial stone planted at a beech
tree now on said river; thence south twenty-nine degrees, west
two hundred and forty-five and one-fourth poles to a memorial
stone on the lands now known as “‘Hurdover Addition to the town
of Farmville,” thence south sixty-one degrees, east two hundred
and forty-one and one-half poles to a memorial stone planted on N.
E. Venable’s survey; thence north twenty-nine degrees, east three
hundred and thirty-six and one-half poles to a memorial stone
planted on the Appomattox river; thence up said river as it
meanders to the beginning (being the same limits as are pre-
scribed in section one of an act approved March nineteenth, eigh-
teen hundred and seventy-two, entitled an act to define and ex-
tend the corporate limits of the town of Farmville in the county
of Prince Edward), shall be and is hereby made a town corporate
by the name and style of the town of Farmville, and by that name
and style shall sue and be sued, and shall have and exercise all
the powers and be subject to all the provisions of the Code of Vir
ginia, except so far as may be herein otherwise provided for.

Subdivision.

3. The lands so laid off shall be divided into wards as fol-
lows:

All territory on the west side of Main street, and north of
High street, to Buffalo and north of Buffalo shall constitute
first ward; and all territory east of Main street shall constitute
second ward, and all territory west of Main and south of High
to Buffalo and south of Buffalo shall constitute third ward.

Organization.

4. The municipal authorities of said town shall consist of
a mayor and six councilmen, who shall be elected on the second
Tuesday in June, nineteen hundred and twelve, and on the 3ec-
ond Tuesday in June every second year thereafter by the quali-
fied voters of the town. All persons qualified to vote in said
election shall be eligible to either of said offices, provided each
ward shall be represented in the council by two members who
shall reside in their respective wards.

5. The mayor and councilmen shall constitute the council of
said town; and all the corporate powers of said town hall be
exercised by said council or under its authority, except when
otherwise provided.

6. The clection of the mayor and councilmen and the regis-
tration of electors of said town shall be held and conducted in
{he manner provided by the laws of Virginia then existing.

7. The mayor and councilmen shall each before entering
upon the duties of their offices, take the oaths prescribed for
all other officers by the laws of Virginia; but if any or either
of them shall fail so to do for thirty days after the commence-
ment of the term for which he or they were elected, his or their
office shall be deemed vacant.

And thev shall as soon after September first, 1912, as may
be convenient, and each succeeding council shall, at the beginning
of the term of office of its members, or as soon thereafter as may
be convenient elect a town sergeant, treasurer, and town clerk,
who shall hold office during the term of the council electing, and
until their successors are duly elected and qualified.
8. Whenever, from any cause, a vacancy shall occur in the
office of mayor or councilmen, the same shall be filled by the
council at its next regular meeting from the qualified electors
of said town, and an entry of said election shall be made of rec-
ord: provided, however such vacancy in the office of mayor, shall
not be filled by any person then a member of the council, and a
vacancy in the office of councilmen shall be filled from the ward
from which such vacancy occurs.

9. The mayor and three councilmen, or in the absence of
the mayor, four councilmen shall constitute a quorum for the
transaction of business.

10. At each meeting of the council the proceedings of the
last meeting shall be read to the council, and shall thereupon be
corrected if erroneous, and signed by the person presiding for
the time being. Upon the call of any member the ayes and noes
on any question shall be recorded in the journal.

Council.

11. The council of said town shall have power of laying off,
opening, and curbing, and paving streets, alleys, walks, and gut-
ters for the public use in the said town, and improve and light
the same and have them kept in good condition free from ob-
structions, of any kind; it shall regulate the width of sidewalks
on the streets; and vacate and discontinue streets; to lay off
public grounds, and provide and contract for, and take care of all
buildings necessary for the use of said town, to establish and
regulate markets of said town, and prevent injury or annoyance
of the public or individual from anything dangerous, offensive,
or unwholesome; to protect places of divine worship; to abate or
cause to be abated anything which in its opinion, by the recorded
vote of the majority of the whole council, shall constitute a nui-
sance; to regulate the keeping of gun-powder and other com-
bustibles; to provide in and near the town places for the burial
of the dead, and regulate interments therein; to regulate build-
ing of houses or other structures, and the making of division fen-
ces, and for the drainage of lots by proper means; to make reg-
ulations for preventing danger or damage from fire; to provide
for the poor of the town, and to appoint and publish the places
for holding the town elections; to provide a revenue for the town
and to appropriate the same to its expenses; to provide for and
assess the annual assessment of all taxable personal and property
in the town according to law; to establish rules for the transac-
tion of its business, and for the government and regulation of
its own body.; to provide for the appointment and the continuance
of all committees thereof, together with the powers of authority
of same; to promote the general welfare of the town, and to
protect the property of persons therein; to preserve peace and
good order thereof; to provide for a town guard; to appoint and
order out a patrol for the town in like manner, and for like pur-
poses within the same, as may be done by circuit courts, accord-
ing to law; to require and take from all town officers bonds with
such securities, and in such penalty, as it may deem necessary;
for such officer to execute such bonds, such bonds to be made
payable to the town in its corporate name and conditioned for
the faithful discharge of the duties of the respective officers; all
such bonds shall be held in custody of the mayor; to provide for
the erection, control, regulation, or prohibition of gas works, elec-
tric light works, water works, sewerage, and other public utilities
authorized by law; and to regulate, control, and manage same;
to prohibit the pollution of water used in said town, and to
regulate transportation upon the streets of said town; to do any
and all other things not herein enumerated authorized by the
general laws of the State of Virginia.

It shall cause to be kept a record of all its proceedings, by-
laws, acts, and orders, which shall be properly indexed and open
to the inspection of anyone who is entitled to vote, for members
of the council, in a book called minute book. It shall also cause
to be kept a separate book in which shall be recorded the charter
general ordinances, by-laws, and contracts of the town, of a per-
manent nature, called record of ordinances.

12. It shall cause to be made annually and entered upon its
journal, an accurate estimate of all sums of money, which shall
or may become lawfully charged to said town, and which ought
to be paid within one year; and it shall order an annual levy for
so much of said money, as in its discretion shall be sufficient to
meet said demands.

14. The levy so made may be laid on all male persons who
are residents of said town, and over twenty-one years of age;
upon dogs and all personal and real estate within said town,
except such persons, personal and real estate as are exempt from
taxation under the laws of this State and also upon all other
such subjects within said town as may at the time be assessed
with State taxes.

15. In all cases in which the laws of the State require a license
to be taken out by any person engaged in the pursuit of any
business, trade, occupation or calling, or for any other purpose,
the said council shall have power to require a license to be taken
out in all such cases for the benefit of said town before such
person shall be permitted to pursue such business, trade, or oc-
cupation, or calling within the corporate limits of said town or
within one mile from said limits; said council may also require
a license of any agent of any fertilizer company, owners or keep-
ers of wagons, drays, carts, hacks and other wheeled carriages
kept or employed in said town for hire or as carriers for the
public and may subject the same to such regulations as they may
deem proper.

16. The revenue from these, and other sources shall be col-
lected, paid over, and accounted for at such times by the treas-
urer as the council shall order.
17. The council shall require the treasurer of the said cor-
poration to make out a monthly report of the receipts and ex-
penditures of said town for the preceding month, which report
shall state on what account the expenditures were made, and
from what source or sources the receipts were derived; which
report the council may cause to be published in one or more news-
papers of the town, on or before the fifteenth day of October,
January, April and July of each year.

18. The council of said town shall have power to remove all
town officers, whether they be elected or appointed, for miscon-
duct in office, or neglect of duties, but any such removal shall
not be made without reasonable notice to the officer complained
of, and an opportunity afforded him to be heard in his defense,

19. The council, if it deems proper, shall elect a general man-
ager of public utilities, whose duty shall be to give general su-
pervision over the electric light and power plant, water works,
sewer, streets, ground, buildings, cemeteries and other property
belonging to the town and do such other things as the council
may direct or the necessities of the town require, whether said
duties may be specifically mentioned herein or not.

He shall be supplied with blank books and stationery by the
town, but all such articles shall be turned over by him, together
with all maps, plans, estimates and papers pertaining to his of-
fice, to his successor, who shall in like manner hold the same as
the property of the town.

He shall keep a book in which he shall enter all surveys of
any of the streets, the grades of the same when established, and
the grades, extend depth and capacity of all public sewers.

He shall superintend the opening, repairing and improve-
ment of streets, and the construction, repairing and improve-
ment of sewers.

He shall make or cause to be made and preserve in his office,
as the property of the town, a map showing the location and di-
mensions of all culverts and sewers, water mains constructed
or used in the town, and shall place upon said map each new
sewer and culvert as made.

20. The council shall have power to make such ordinances,
by-laws, orders and regulations as they may deem necessary to
prevent hogs, dogs, and other animals from running at large in
the limits of the town, and may subject the owners thereof to
such fines, regulations, and taxes as the council may deem proper
and may sell said animals at public auction to enforce the pay-
ment of said fines and taxes.

21. The council shall annually at its regular meeting in Sep-
tember name and designate a bank or banking institution, banks
or banking institutions, as a depository for all moneys belonging
to the town and shall require of such bank or banks bond with
security approved by the council in such penalty as it may deem
proper.
Indebtedness.

22. The council of said town may negotiate any loan or loans
for the purpose of improving the streets, lighting the same, buy-
ing the necessary real estate, erecting public buildings, supply-
ing the town with water, and for other purposes, and shall have
authority to issue registered or coupon bonds for: said loan, pay-
able at not more than twenty years after date of said bonds, bear-
ing interest at a rate not greater than six per centum per an-
num, payable semi-annually; provided, that two-thirds of the
council of said town shall authorize said loan or loans, and that
the same shall be sanctioned by a vote of three-fifths of all the
qualified electors of said town voting at said election, to be as-
certained by a vote taken and conducted in the manner author-
ized for any election, after having given notice thereof for two
weeks in some newspaper published in said town; and provided,
further, that the council of the town shall annually invest in
Virginia State or United States bonds, as a sinking fund, such
proportion of the revenue of said town as shall be equal in cash
value to one-tenth of said loan, which sinking fund shall be used
exclusively for the payment of the bonds.

23. The council of said town is hereby authorized and em-
powered to make and issue the registered or coupon bonds of said
corporation, payable thirty years after their date, with the power
to redeem the same at any time after the expiration of five years,
said bonds to bear interest at a rate not greater than six per
centum per annum,- payable semi-annually, said bonds to be is-
sued exclusively for the purpose of paying off and discharging
the principal and interest, or either, of the present bonded debt
of the corporation of Farmville which has become due, or may
hereafter become due. Said registered or coupon bonds shall be
rezularly numbered, signed by the mayor, clerk, and treasurer
of said town, and recorded in a book kept for that purpose.

The council of said town shall annually invest in Virginia
State or United States bonds, as a sinking fund, such proportion
of its annual revenue as shall be equivalent in cash value to at
least one-twentieth of the bonded debt of said town, out of which
to pay, as they fall due, the bonds which are authorized to be
ixsued in the next preceding section; provided, nevertheless, that
the said council may, Instead of investing its revenue in Virginia
or United States bonds, use said revenue which is to be annually
invested in said bonds in paying off and discharging the prin-
cipal of the bonds which are authorized to be issued by the twen-
tv-third section of this bill, but for no other purpose or purposes.

Duties of Officers.
MAYOR.

24. The mayor shall be the chief executive officer of the town;
he shall see that the by-laws, ordinances, acts and resolutions
of the council are faithfully executed; he shall be ex-officio con-
servator of the peace within the town, and within a mile of its
corporate limits, and shall within the same exercise all the pow-
ers that are vested in a justice of the peace under the general
laws; he shall have supervisory control of the police of the town
and may appoint special police officers when he deems it nec-
essary; he shall have authority to issue his warrant for the ar-
rest of any person or persons for the violation of any of the
ordinances or resolutions of the town, he shall preserve peace
and order in the town, and see that persons and property are
protected; he shall have power to issue executions for all fines
and cost imposed by him, and in default of the payment thereof,
he may commit the party in default to jail until the same shall
be paid, but the term of imprisonment shall not exceed thirty
days for such purposes; he shall have the power to imprison par-
ties violating the ordinances of the town by warrant trial, not
to exceed, however, a period of six months; he shall from time
to time recommend to the council such measures as he may deem
needful for the welfare of the town and shall at least twice a
vear make a written report of the general conditions of the town,
together with such recommendations as may be deemed advisable
by him for the welfare of the town, or its property, or public
utilities; he shall have power to suspend all other town officers
for misconduct in office or neglect of duties, until the next reg-
ular meeting of the town council thereafter, which cause of said
suspension shall be specified in the order thereof; he may pro-
hibit any theatrical show or exhibition within said town, or
within a mile of its corporate limits, which may be deemed by
the council injurious to the morals or good order of the commu-
nity; he shall receive a compensation for his services to be fixed
by the council, not to exceed, however, in any event, the sum of
four hundred dollars ($400.00) per annum, which compensation
when fixed shall not be increased or diminished for any term of
office for which he shall have been elected. All fees, criminal
proceedings before said mayor shall be collected by the sergeant
and paid into the treasury of the town, and the mayor shall re-
ceive no other compensation or emolument whatever from the
town, except as above provided; he shall when present, preside
over all meetings of the council, and in his absence the president
of the council, who shall be elected by the council at its first reg-
ular meeting after September first, of each year, shall preside,
and he shall vote upon all questions voted upon by the council;
and he shall perform such other duties as shall be from time to
time imposed upon him by the council, not inconsistent with the
provisions herein made, or the general laws of the Common-
wealth; and for his failure to execute any duty imposed upon him,
he shall be liable, upon a petition of any five citizens of the town,
to mandamus proceedings according to law.

25. He shall recommend to the council by a message in writ-
ing at its regular meeting of September of each year and at
such other times as he may deem proper, such measures as he
may consider necessary and expedient for the public welfare;
and he shall be ineligible for re-election for more than two terms
in succession, and a part of a term shall be counted a term in
such succession.

26. He shall appoint special policemen for police duty when-
ever in his opinion such are needed, whose services shall be paid
for by a per diem provided for by the council; and he shall recom-
mend all regular policemen of said town, subject, however, to the
confirmation of the council.

TOWN CLERK.

27. The town clerk shall keep an accurate record of all the
proceedings of the meetings of the town council in a well-bound
book called the ‘‘minute book.”

28. He shall attest the correctness of all records and orders
of the council.

29. He shall transcribe to a book kept for the purpose all
ordinances, resolutions and orders of a permanent nature; such
book shall be known as “record of ordinances.”

30. He shall perform all the duties in relation to the assess-
ment of property for the purposes of levying town taxes and li-
censes that may be ordered by the town council.

31. He shall make out an annual list of all assessments for
taxes and licenses and a list of all patrons of water, electricity,
sewer, together with all dues owing by them from time to time;
keep a list of the same and take from the treasurer a receipt
for same, and whenever called upon by the council make such
report of his transactions as may be required.

32. He shall keep such books, records, schedules and other
papers and in such manner as the town council shall prescribe
«nd all such books, records, schedules and other papers shall be
subject to the inspection of the mayor, council and treasurer.

33. He shall give bond in the penalty of three thousand dol-
lars with security approved by the town council conditioned ac-
cording to law.

34. His compensation shall not exceed one thousand dollars
per annum and all fees collected by him incident to his office
shall be paid into the treasury.

TREASURER.

35. The treasurer shall collect and receive all moneys due
the town and pay out the same upon the order of the town coun-
ci) under such rules and regulations as may be prescribed by the
council. He shall keep his books and accounts in such manner as
the council shall prescribe.

36. He shall deposit to the credit of the town in such bank
or banks as the town council may designate as depository of
the town moneys, all moneys received by him, said deposit to be
made for each month and within ten days from the end of each
month.

37. He shall make report to each regular meeting of the town
council of all moneys received by him for the preceding month,
together with all disbursements made for said month such report
to be in form prescribed by the council.

38. He shall give bond in the penalty of five thousand dollars
with security approved by the council.

39. His compensation shall not exceed one thousand ‘five hun-
dred dollars per annum for all services rendered by him and in-
cident to his office, and all moneys received by him in fees or
otherwise growing out of his official position shall be accounted
for by him, and all such fees or other compensation shall be
cherged up against his salary, and he shall receive from the town
only so much as is in excess of said fees and other compensation.

40. In the collection of taxes and assessments the treasurer
shall be vested with the powers and be subject to all the liabili-
ties and penalties now prescribed by law in regard to county
treasurers of the State of Virginia and shall have power to levy
on property and sell the same for cash.

He shall make such reports from time to time as may be re-
quired of him by the council.

TOWN SERGEANT.

41. The town sergeant shall be vested with all the powers
which general laws of the State confer on constables in all cases,
civil and criminal, arising in said town or within one mile of the
corporate limits.

42. He shall be chief of police of the town. In addition to
the powers conferred upon town sergeants by the general laws of
the State he shall have all the powers conferred upon special po-
lice by law. He shall have power to arrest, without warrant and
carry before the mayor to be dealt with according to law, any
and all persons who shall violate any ordinance of the town or
law of the State, in his presence, and it shall be his duty to swear
out warrants of arrest for any person or persons when he has
reason to believe any offense been committed, and such other
duties as may be prescribed by the town council.

43. He shall give bond in the penalty of two thousand dol-
lars with security approved by the council conditioned accord-
ing to law.

44. His compensation shall not exceed one thousand dollars.
per annum. |

45. He shall make a monthly report and deliver to the treas-
urer of the town all funds and costs imposed by the mayor or
other judicial officers of the town and take proper receipts for
ali such fines and costs collected and in said report include fines
not collected.
46. The officers of said town, elected or appointed by the
council, shall during the time they are in office, have all the pow-
cr and authority of like officers in the county of Prince Edward,
unless the same be abridged or restricted by the council.

47. All moneys belonging to the said town shall be paid over
to the treasurer, and no money shall be paid by him out except
as the same shall have been appropriated and ordered to be paid
by the council; and the treasurer shall pay the same in such man-
ner as may be prescribed by the council. .

48. If the treasurer shall fail to collect, and account for or
pay over all moneys coming into his hands, or any other bonded
officer of the town shall fail to discharge the duties of his office
when thereto required by the council, it shall be lawful for the
council in the corporate name of the town, by motion before
any court of record held in Prince Edward county, to recover
fram the treasurer and his sureties, or their personal represen-
tatives, any sum that may be due from said treasurer, or other
officer, to said town, on ten days’ notice.

49. The fiscal year for the town shall be from the first of
July to June thirtieth of each year, and at the first regular meet-
ing of the council in each year the treasurer shall make to
the council a full settlement of all his transactions for the preced-
ing year to July, the first thereof, under the regulations of the
council, which settlement shall be certified by an efficient ac-
countant.

50. The council of said town shall not take or use any private
property for streets or other public purposes without making
to the owner or owners thereof just compensation for the same;
and in all cases where the said town cannot, by agreement, ob-
tain title to the property desired for such purposes, it shall be
lawful for said town to apply to and obtain from the circuit
court of Prince Edward county authority to condemn the same,
which proceedings shall be had according to law.

51. To carry into effect the powers herein enumerated, and
all other powers conferred upon the said town or the council by
the laws of Virginia, said council shall have power to make and
pass all needful and proper orders, by-laws and ordinances not
contrary to the constitution and laws of said State, and to pre-
scribe and impose reasonable fines or penalties, or to impose im-
prisonment in the county jail for a period not exceeding thirty
days, in case of contempt, or to enforce the collection of fines;
which fines, penalties, or imprisonment shall be imposed, re-
covered or enforced under the judgment of the mayor or any one
of the councilmen of said town; and the authorities of said town
may, with the consent of the circuit court of Prince Edward
county, entered of record, use the jail of said county for any
purposes for which the use of a jail may be needed by them, un-
der the acts of the council or of the State of Virginia; provid-
ed, however, that in all cases where a fine is imposed by th
mayor, any councilman, or by the council, the party or partie
so fined shall have the right of appeal to the circuit court.

52. The mayor and each one of the councilmen of said town
for the time being, are declared to be, and are hereby constitute:
conservators of the peace within said town, and within one mil
of the corporate limits thereof, and shall have all the powers ay
authority in civil as well as criminal cases of justices of the peace

53. The said town and the taxable persons and _ propert:
therein shall be exempt and free from the payment of any poo:
rates or road tax levied by the board of supervisors of the count:
for any year in which it shall appear that said town shall, a
iis own expense, provide for its own poor and keep its street:
in order. ;

54. All the rights, privileges, and properties of the corpo
ration of Farmville heretofore acquired and possessed, owner
and enjoyed by any act now in force, not in conflict with thi:
act, shall continue undiminished and remain vested in said tow!
under this act, and all laws, ordinances and resolutions of th
corporation of Farmville now in force, and not inconsistent wit
this act, shall be and continue in full force and effect in the tow:
of Farmville until regularly repealed by a council elected as pro
vided under this act.

55. The present management and organization of the towr
shall continue in force and be of full effect until the first day
of September, nineteen hundred and twelve; provided, however
that the mayor and council provided for under this amendec
charter shall be elected as herein provided.

56. All acts and parts of acts in conflict herewith are here
by repealed.

57. An emergency existing owing to the fact that the electior
ef the mayor and council will take place in June, nineteen hun.
dred and twelve; this act shall take effect from its passage.