Chap. 157.—An ACT to provide a new charter for the town of Front
Royal, Warren county, Virginia, and to repeal all acts or parts of
acts in conflict herewith. (H. B. 540.)

Approved March 11, 1916.

1. Be it enacted by the general assembly of Virginia, as
follows:

Boundaries of town.—The corporate limits of the town of
Front Royal, Warren county, Virginia, as heretofore established
law, are hereby re-established as follows:

Beginning on the west side of Happy creek at east end of
Boundary avenue, thence down the west side of said creek to
the east end of Manassas street, thence up the north side of
Manassas street to the southeast corner of the Peter Harmer lot,
thence northwest with Peter Harmer’s line to the east side of
the Manassas branch of the Southern railway company, thence
with the east line of the said railroad northward to Fourth
street, thence with south side of Fourth street to Royal avenue,
thence with east side of Royal avenue southward to the north-
west corner of the John Scroggin lot, thence westward with
the north line of the John Scroggin lot to the Lionberger line,
thence with the dividing line between the Lionberger and Mis-
tress Verlinda King to the back line of Lionberger lot, thence
in a southerly direction with the back line of Lionberger, Fris-
toe’s and Ashby’s lots, to a corner of the woods in Ashby’s line,
where there was formerly a gate on the old road leading to Doc-
tor I. N. Buck’s, thence in a direct line to Ashby’s barn, thence
in a southerly direction with Ashby’s and Beecher’s line to white
oak corner, Ashby’s, Beecher’s, and Gardner’s, thence in an east-
erly direction with Beecher’s and Gardner’s line to the Luray
turnpike, thence across said turnpike to the corner of Clark’s
and Gardner’s line, thence with their lines to Brent’s and Gard-
ner’s line, thence with Brent’s back line to Cemetery lane, thence
with Cemetery lane to Manor avenue, thence across Manor ave-
nue and easterly with north side of Boundary avenue to the be-
ginning on Happy creek.

Government of town.—The government of the said town
shall be vested in a mayor and treasurer, chosen as hereinafter
provided, and three councilmen, the mayor and treasurer, by
virtue of their office, shall be members of the town council, the
said mayor, treasurer and councilmen to be chosen from the
residents and electors of the said town, and shall be elected by
the qualified voters of the said town on the second Tuesday in
June, nineteen hundred and sixteen, and every two years there-
after, as now provided by law.

&. Officers, when to enter; vacancies, how filled.—The
mayor, treasurer and three councilmen so elected shall enter
upon the discharge of their duties on the first day of September
next succeeding their election, and shall continue in office until
their successors are elected and qualified; but before entering
upon the discharge of their duties, however, they shall take an
oath to faithfully perform the same. Any vacancy occurring
in the council shall be filled by the remaining members of the
council, except, however, if a vacancy occur in the office of
mayor or treasurer the same shall be filled at a special election
to be called for the purpose.

4. Powers of council.—The council of the said town shall
have authority:

(1) To pass such by-laws and ordinances, not in conflict
with the Constitution of this State or of the United States, or
contrary to the laws of this State, as may be deemed necessary
for the security, welfare, and good government of the said town,
together with the right to provide for the enforcement of the
same by such fine and imprisonment, either or both, as may now
be inflicted or imposed by justices of the peace.

(2) To choose and appoint from among the electors of the
said town a town sergeant, who shall hold office during the
pleasure of the council. The said sergeant shall be the collec-
tor of the town taxes, fines, levies and licenses; and after the
expiration of thirty days from the time of receiving the tax
and license tickets, he may distrain and levy therefor in the
same manner as the county treasurer may do in the collection
of State and county taxes. ,

For the purpose of carrying into effect this act, the said
sergeant shall within the limits of the said town, and within
two miles thereof, have the same powers as now conferred on
a constable, and for like services shall receive the same fees
as a constable.

In addition to the fees herein provided for, the said ser-
geant shall receive such compensation as the council may de-
termine.

Before entering upon the duties of his office, however, the
said sergeant shall take an oath to faithfully perform the du-
ties of his office; and shall likewise execute bond, with surety
approved by the council, in a penalty equal to double the ameunt
of monies to come into his hands during each fiscal year, con-
ditioned to faithfully account for all monies that may be col-
lected by him; and for any default or liability on the said ser-
geant, the council, in the corporate name of the said town, shall
obtain judgment and execution upon said bond in the same
manner as herein provided for obtaining judgment and execu-
tion on the bond of the treasurer of the town.

(3) To choose and appoint from the electors of the said
town on September first, nineteen hundred and sixteen, and not
later than September fifteenth, nineteen hundred and sixteen,
three school trustees for the town of Front Royal, one of said
trustees to be elected for a term of one year, one of said trustees
to be elected for a term of two years, and one of said trustees
to be elected for a term of three years. After the said trustees
shall have been so elected and chosen on September first, nine-
teen hundred and sixteen, and not later than September fif-
teenth, nineteen hundred and sixteen, the said council each
year thereafter between the dates of September first, and Sep-
tember fifteenth, shall elect one trustee each year, the said coun-
cil being hereby expressly given full power and authority to re-
move the said trustees or any one of them for cause, or when-
ever in the opinion of the said council the best interests and
welfare of the schools of the said town demand such removal,
and fill such vacancies as may be thus caused by such change
or removal.

The council of the said town is hereby prohibited from es-
tablishing any market or markets for the said town; it is like-
wise expressly prohibited from selecting or employing any gen-
eral manager for the said town; and except as herein provided
it shall have no authority to create any salaried offices or offi-
cers unless the same shall be approved by a majority of the
qualified voters of the said town at a special election to be held
for the purpose; it shall have no authority to employ one of
its own members, the mayor or treasurer in the capacity of
attorney or counsel in any litigation or threatened litigation in-
volving the town; it shall have no authority to incur any debt
in excess of the sum of five thousand dollars, unless the incur-
rence of the same shall be submitted to and approved by a ma-
jority of the qualified voters of the said town at a special elec-
tion to be called for the purpose.

Except as herein provided, the said council shall have all of
the powers and authority conferred by the general laws of the
State relating to towns.

0. Powers, duties and qualifications of mayor.—No person
Shall be elected or act as mayor who holds any State or federal
or county office (except notaries public and justices of the
peace) ; nor shall any person be elected or act as mayor who
holds any position of any kind under the State or United States
government when he receives from such position, State or
federal, any salary, fees, or emoluments of any kind what-
ever therefrom. If the mayor holds such office or position or
receives such salary, fees or emoluments, then either the coun-
cil of the said town or any five electors or qualified voters of
the Said town may, after ten days notice to the mayor, move
the circuit court of Warren county, or the judge thereof in vaca-
tion. to declare the said office vacant, and the court or judge
shall thereupon crder a special election to fill such vacancy,
which election shall be ordered and conducted as other special
elections are now held and conducted by general law.

The mayer, when present, shall preside at all meetings of
the council, but shall not vote on any questions or mattere he.
fore said body except in the event of a tie, in which latter event
he shall cast the deciding vote. He shall be the chief executive
officer of the town and shall enforce all ordinances and by-laws
adopted by the council, and shall try and determine all cases
of violation thereof; provided, however, that any party ag-
grieved at his decision may appeal as of right to the circuit
court of Warren county whenever a jail sentence is imposed or
whenever the fine imposed exceeds ten dollars. His fees for
issuing warrants and trying cases shall be the same as now
allowed by law to justices of the peace, and whenever not other-
wise provided by law, his fees shall be fixed by the council. His
compensation for all other services shall be fixed by the council.

6. Powers and duties of recorder.—The council shall se-
lect one of its members (other than the mayor or treasurer) as
town recorder, who shall keep a journal of the proceedings of
the council, and who shall be the custodian of all papers, books
and records of the town. In the absence or disability of the
mayor, he shall be invested with his powers and charged with
his duties. He shall receive for his services such compensation
as may be fixed by the council. ]

7. Powers and futies of the treasurer.—The treasurer shall
have charge of all monies belonging to the said town, and shall
deposit the same in some solvent bank or banking institution
to be chosen by him. He shall pay out the same at the direc-
tion of the council, upon an order signed by the mayor and
countersigned by the recorder, and not otherwise. Upon his
appointment he shall execute bond payable to the town of Front
Royal, to faithfully perform his duty and honestly account for
all funds coming into his hands, said bond to be in the penalty
of double the amount coming into his hands, with sureties ap-
proved by the council. For any default or liability on the part
of the treasurer, the council, in the corporate name of the town
may on motion, after fifteen days notice to the said treasurer
or his personal representative, his bondsmen or personal rep-
recentatives, obtain judgment and execution before the circuit
court of Warren county.

As hereinbefore provided the said treasurer, by virtue of
his office, shall be a member of the said council, and shall have
the right to vote on all matters or questions pending before the
said body.

8. So long as the said town shall, at its own expense, main-
tain and keep its streets in good order and repair, it shall be
exempt from all labor and tax for county road purposes. In
order to properly maintain its streets, the council of the said
town is given authority to employ such labor and means and
methods as to it may seem necessary.

9. Neglect of duty by officers or employees.—The council,
for neglect of duty by any officer, employee or appointee, shall
have full authority to remove from office. :
10. Public utilities—The council shall have full control and
regulation over the public utilities now owned by the said town,
and to this end it shall have full authority to employ from time
to time such employees as may be necessary to properly main-
tain, operate and conduct the same; and shall have authority
to incur indebtedness, unless otherwise prohibited by law, or
expend any sum not in excess of five thousand dollars at any
one time and during any one year, whenever the said council
may deem it necessary for the proper conduct, management, and
maintenance of the public utilities now owned by the said town.

11. Taxes, levies and licenses.—The said council shall have
authority to levy such taxes, levies and licenses as it now pos-
sesses, and except as herein otherwise provided the said council
shall have all of the rights and authority as it may possess at
the time this act goes into effect.

12. Corporate name.—The corporate name of the said town
shall be Town of Front Royal; and all process shall be in the
said corporate name and by the said name it may sue and be
sued ; it shall have a town seal which shall be in the custody of
the recorder and affixed by him to all documents or papers or
records when required by the general law of the State or by this
charter or by any by-law or ordinance enacted in pursuance

ereof.

13. All acts or parts of acts of the general assembly of Vir-
ginia in conflict with this act are hereby repealed.

14. In view of the approaching June election and in the
furtherance of the public business of the said town, an emer-
gency is hereby declared to exist and this act shall be in force
from its passage.