Chap. 368.—An ACT to amend and re-enact sections 1 and 8 of chapter 159
of the acts of the general assembly of Virginia of the session of 1916,
relating to the organization and government of cities of the second Class.

[S B 2ss]
Approved March 16, 1918.

Be it enacted by the general assembly of Virginia, That sections
one and eight of chapter one hundred and fifty-nine of the acts of
the general assembly of the session of nineteen hundred and six-
teen relating to the organization and government of cities of the
second class, be amended and re-enacted so as to read as follows:

Section 1. Whenever an incorporated community becomes a
city of the second class by the increase of Its population to the
number of five thousand, or more, and is ascertained and declared
to be such a city in the manner provided by law, its charter, if it
has one, shall remain in full force and effect in so far as its provi-
sions do not conflict with this act (but provisions of a charter in
conflict with this act are hereby repealed), and its ordinances_shall
be the ordinances of the city, in so far as they are applicable, until
they are repealed by the authorities of the city, and the officers of
the town shall be and continue the officers of the city until their
successors are elected or appointed and qualify, except as herein-
after provided, and shall discharge all the duties and be subject
to all the panalties imposed by the said charter and ordinances
and by the general laws; such city shall become and be liable for
the bonded indebtedness and current debts and obligations of said
town, and shall be and become liable for the obligations or other
liabilities of said town, both in law and in equity, arising out of
any plans or annexations theretofore consummated between the
town and any other territory, and said city shall faithfully observe,
keep and perform every such liability, and the title to all the prop-
erly of said town, and its rights and privileges under any contract.
including any and all monies belonging to said town, and all its
books, records, papers and other things of value, shall vest in and
become the property of the said city.

Sec. 8. At the next general election of State officers after the
municipality is declared to be a city of the second class, and suc-
ceeding the expiration of the regular term of office of the existing
municipal officers, to be held on Tuesday after the first Monday in
November, when similar officers are elected for other cities, there
shall be elected in such city a city treasurer, commissioner of the
revenue (if elected by the general law), a justice of the peace for
each ward, a city sergeant and other officers elective by the quali-
fied voters, whose election is not otherwise provided for by law,
whose term of office shall begin on the first day of January next
succeeding their election and continue for four years, and until
their respective successors have been elected and qualify; provided,
however, that the commissioner of the revenue shall be elected or
appointed as the general law may direct.

The officers, for the election of which provision is made by this
section, shall, whether elected at the first election for such officers
held in the city, in pursuance of this section, or at any subsequent
election for such officers, held pursuant to section ninety-eight of
the Code, qualify before the circuit court having jurisdiction in the
city, or before the judge thereof in vacation, or before the clerk of
said court in the clerk’s office. And in the case of a vacancy in
any such office the same shall be filled by appointment by the said
court or by the judge thereof in vacation.

The bond of the treasurer shall be conditioned for the faithful
performance of his duties and in other respects as required by the
general law, and shall be in a penalty not greater than the amount
to be received by him annually, including both State and city funds.
nor less than seventy-five per centum thereof.

The bond of the commissioner of the revenue and the bond of
the city sergeant shall likewise be conditioned for the faithful per-
formance by such officers of their respective duties and otherwise
comply with the provisions of the general law—the penalty of the
bond of the commissioner of the revenue to be not less than twenty-
five hundred dollars, and that of the city sergeant not less than one
thousand dollars. | _