Chap. 455.—An ACT to amend and re-enact an act entitled an act to incorporate

the town of South Norfolk, in the county of Norfolk, approved September

11, 1919, {[H B 415]
Approved March 24, 1920. |

1. Be it enacted by the general assembly of Virginia, That an act
entitled an act to incorporate the town of South Norfolk, in the county
of Norfolk, approved September eleventh, nineteen hundred and nine-
teen, be amended and re-enacted so as to read as follows:

Sec. 1. That the inhabitants of the territory in Norfolk county
contained within the boundaries prescribed in section two hereof be,
and they are, hereby declared to be, a body, politic and corporate, in
fact and in name, under the name.and style of the town of South
Norfolk; and as such shall have and exercise all the powers conferred
by, and be subject to all the laws of, the State of Virginia now in
force, or that may hereafter be enacted, for the government of towns
of less than five thousand inhabitants, so far as the same are not
inconsistent with the provisions of this act.
Sec. 2. The boundaries of the town shall be as follows: Begin-
ning at the intersection of the southern line of Berkley avenue, with
the western line of the Obendorfer road, and extending easterly along
the southern line of Berkley avenue to its intersection with the eastern
line of the Virginian railroad company’s right of way; thence along the
eastern line of the said railroad right of way to its intersection with
the port warden’s line of the southern branch of the Elizabeth river;
thence down said port warden’s line of said river to Mile Run creek;
thence up the center of said Mile Run creek to its intersection with
the western line of Fourteenth street; thence along the west side of
Fourteenth street to its intersection with north side of Liberty street;
thence along the north side of Liberty street to its intersection with
Obendorfer road; thence along the west side of Obendorfer road to
the point of beginning.

Sec. 3. The territory embraced within the limits of said town shall
be divided into three wards as follows, to-wit: The territory embraced
within a line beginning at the intersection of the center line of Ohio
street extended to the port warden’s line of the southern branch of
the Elizabeth river, and extending along Ohio street in an easterly
direction to its intersection with Atlantic avenue; thence southerly
along the center line of Atlantic avenue to its intersection with the
eastern line of the right of way of the Virginian railroad; thence
along the eastern line of the right of way of the Virginian railroad
to the port warden’s line of the southern branch of the Elizabeth
river; thence along the port warden’s line of the southern branch
of the Elizabeth river to the point of beginning, shall be known as ward
one; the territory embraced within the line beginning at the center
line of Liberty street with its intersection of the western line of
Fourteenth street extended, and extending easterly along Liberty street
to its intersection with Atlantic avenue; thence southerly along At-
lantic avenue to the center line of Ohio street ; thence along the center
line of Ohio street in a westerly direction to its intersection with the
port warden’s line of the southern branch of the Elizabeth river;
thence along the port warden’s line of the southern branch of the
Elizabeth river northerly to Mile Run creek; thence up the center of
Mile Run creek to its intersection with the western line of Fourteenth
street; thence along the west line of Fourteenth street to the point
of beginning, shall be known as ward two. The remaining territory
embraced within the limits of said town, ‘as described above, shall be
known as ward three.

Sec. 4. The administration and government of the said town shall
be vested in one principal officer, to be denominated the mayor, and nine
councilmen, who shall constitute the town council, all of whom shall be
electors of said town. |

Sec. 5. The mayor and councilmen, treasurer and town sergeant
shall each be elected for a term of two years, and each shall serve
until his successor shall have qualified. There shall be elected three
councilmen from each of the three wards of said town. The mayor,
treasurer and town sergeant and said councilmen shall be elected on
the second Tuesday in June, immediately preceding the expiration of
the terms of their predecessors, and shall enter upon their duties on
the first day of September next succeeding their election.

Sec. 6. In all elections for mayor and councilmen, treasurer and
town sergeant of said town, all persons who may be, by the laws of
this State, entitled to vote for members of the general assembly, and
who shall have resided in this State two years and in the county of
Norfolk one year, and in said town for ninety days next preceding
the day of election then to be held, and who have paid their State poll
tax as required by law, that is to say, for any general, special or local
option election to be held on or before the second Tuesday in June, shall
have personally paid at least six months prior to the second Tuesday in
June of that year, all State poll taxes assessed or assessable against
him during the three years next preceding that in which such election
is held, and for any election, general, special or local option, held after
the second Tuesday in June in any year, shall have personally paid
at least six months prior to the Tuesday after the first Monday in
November of that year all State poll taxes assessed or assessable against
him during the three years next preceding that in which such election
is held shall be entitled to vote, but before being so entitled to vote,
they shall register before the registrar of said town.

The manner of conducting elections under this act shall, so far as
the same is not in conflict herewith, be the same as prescribed by
the general election laws of the State.

Sec. 7. The municipal officers of said town shall, in addition to
said mayor, consist of a treasurer, clerk of the council and sergeant.
The council may also appoint such other officers and employees as
may be necessary to conduct the business of the town, fix their com-
pensation and prescribe their duties, and may appoint such commit-
tees of the council and create such boards and departments of town
government and administration with such powers and duties, and sub-
ject to such regulations as it may seem fit, consistent with the provi-
sions of this act.

Sec. 8. The clerk of the council shall be appointed by the council
at its first regular meeting in September in every odd numbered year,
or as soon thereafter as may be, and shall assume the duties of his
office on the first day of October next succeeding. His term of office
shall be for two years from the time fixed for his assuming the duties
of his office and he shall serve until his successor shall have been
appointed.

Sec. 9. The time of appointment of all other officers and em-
ployees, except as herein defined or provided for, may be prescribed
by the council, and they may be appointed for such term, not exceeding
two years, as ‘the council shall provide, but all municipal officers shall
serve until their successor shall have qualified, unless otherwise pro-
vided by the council.

Sec. 10. The duties and compensation of all municipal officers,
except as herein defined or provided for, shall be defined and prescribed
by the town council.

Sec. 11. In addition to the power to appoint such officers as are
herein expressly mentioned, the town council shall have the power
1920. | | ACTS OF ASSEMBLY. 663

and authority to appoint a health officer, fire chief and a street com-
missioner, and such officers and employees as the council may deem
proper; and any committees of the council, any municipal board, the
mayor of the town, and any head of a department of the town gov-
ernment may appoint such officers and employees as the town council
may determine, the duties and compensation of which officers and em-
ployees shall be fixed by the council, except so far as the council may
authorize such duties to be fixed by such committee or other appointing
power, and may require of any of the officers and employees so ap-
pointed bonds, with sureties in proper penalty, payable to the town in
its corporate name, with condition for the faithful performance of
said duties.

Sec. 12. All officers and employees appointed as provided in the
preceding section may be removed by the town council at its pleasure,
and where appointment is by a committee or board, by a vote of such
committee or board, or where such appointment is made by the mayor
or head of a department, such removal may be by order of the mayor
or head of department.

Sec. 13. In case of a vacancy in any position so authorized to be
filled in section eleven of this act, a qualified person may be appointed
to fill such position for the unexpired term by the proper appointing
power.

Sec. 14. It shall be unlawful for any officer or employee appointed
by the council, any committee, municipal board, mayor, or head of any
department to fill more than one of the offices whose incumbents are
appointed by the council or by any appointing power designated by the
council. :

Sec. 15. The mayor, councilmen and all municipal officers of said
town shall, before entering upon the duties of their respective offices, be
sworn in accordance with the laws of the State of Virginia, by any
one authorized to administer oaths under the law of the State.

Sec. 16. When the mayor, councilmen, treasurer, sergeant and
clerk of the council take the oaths required of them, duplicate certifi-
cates of the court or persons administering the same, stating the fact
of their having been taken, shall be obtained by the person taking
the same and be by him delivered for record as follows: One to the
clerk of the town council and one to the clerk of the circuit court of
Norfolk county. When: any other municipal officer takes the oath
required of him a certificate, as aforesaid, shall be secured by him and
delivered to the clerk of the town council.

Sec. 17. If any person elected or appointed to any office in said
town shall neglect to take such oath on or before the day on which he
is to enter upon the discharge of the duties of his office, or shall, for
twenty days after the beginning of his term of office, fail to file such
bond with such security as may be required of him by the council
of said town, he shall be considered as having declined said office, and
the same shall be deemed vacant, and such vacancy shall be filled as
prescribed in this act or by the general laws of this State.

Sec. 18. If any person, having been an officer of said town, shall
not within ten days after he shall have vacated or been removed from
office, and upon notification or request of the clerk of the council, or
within such time thereafter as the council may allow, deliver over to
his successor in office all property, books, and papers belonging to the
town or appertaining to such office in his possession or under his con-
trol, he shall forfeit and pay to the town a sum not exceeding five
hundred dollars, to be sued for and recovered, with costs; and all
books, records and documents used in any office by virtue of any pro-
vision of this act, or of any ordinances or order of the town council,
or any superior officer of said town, shall be deemed the property of
said town and appertaining to said office, and the chief officer thereof
shall be held responsible therefor.

Sec. 19. The mayor shall be elected by the qualified electors of the
town for the term of two years. His salary shall be fixed by the town
council, and shall not be diminished during his term of office. The
mayor shall, by virtue of his office possess all the powers, authority
and jurisdiction of a justice of the peace of the State of Virginia.
All fees allowed the mayor under the general laws of this State for
the issuance of warrants, trial of cases, et cetera, shall be collected as
other costs are collected and turned into the town treasury; provided,
however, this shall not apply to the said fees allowed the present mayor,
during the term of his office.

Sec. 20. The mayor shall be the chief executive officer of the town
and it shall be his duty to see that the by-laws and ordinances thereof
are fully executed, and he shall preside over the meetings of the town
council, voting only in case of a tie.

Sec. 21. Every ordinance or resolution having the effect of an
ordinance shall, before it becomes operative, be presented to the mayor.
If he approves, he shall sign it, but if not, he may return it to the clerk
of the council; and the council shall enter the objection at length on
its journal and proceed to reconsider it. If after such reconsideration
two-thirds of all the members elected to the council shall agree to pass
the ordinance or resolution, it shall become operative notwithstanding
the objections of the mayor. If any ordinance or resolution shall not
be returned within five days (Sundays excepted), after it shall have
been presented to him, it shall become operative in like manner as
if he had signed it, unless his term of office, or that of the council
shall expire within said five days. The mayor shall have the power
to veto any particular. item or items of any appropriation, ordinance
or resolution ; but such veto shall not affect any item or items to which
he does not object. The item or items objected to shall not take
effect except in the manner provided in this section as to ordinances
or resolutions not approved by the mayor. ,

Sec. 22. The mayor shall see that the duties of the various town
officers, members of the police and fire departments, whether elected
or appointed, are faithfully performed. He shall have power to in-
vestigate their acts, have access to all books and documents in their
office; and may examine them or their subordinates on oath, but the
evidence given by persons so examined shall not be used against them
in any criminal proceedings.

Sec. 23. The mayor shall have power to remove any officer ap-
pointed by him, and to suspend any municipal officer or employee,
other than the councilmen, whether elected by the people or appointed
by the council or any appointing power designated by the council, for
misconduct in office or neglect of duty to be specified in the order of
suspension. On the suspension of any officer not appointed by the
mayor, the mayor shall report the same to the town council at their
next stated meeting for their consideration, but in no case shall the
suspension or removal by the mayor of any officer not appointed by
him be final unless ratified by the council, after reasonable notice to
the officer complained of and an opportunity be afforded him to be
heard in his defense.

Sec. 24. The mayor shall communicate to the town council an-
nually at the beginning of each fiscal year, or oftener, if he be required
by the council, a general statement of the condition of the town in
relation to its government, finances and improvements, with such re-
commendations as he may deem proper; and may from time to time
communicate to the council such suggestion and recommendations as
he shall deem proper.

Sec. 25. In case of the absence, illness or inability of the mayor,
the president pro tempore, who shall be chosen by the majority of the
council at its first meeting in September, for a term of two years, or
in his absence or inability some other member of the council chosen
by the majority of the council present at a legal meeting, shall possess
the same power and discharge the municipal duties of the mayor
during such absence, illness or inability. And when so discharging
the municipal duties of the mayor during his absence, illness or in-
ability, the said president pro tempore, or in case of his inability, the
other member of the council so chosen for the purpose, shall receive a
reasonable compensation to be fixed and allowed by the town council.

Sec. 26. In case a vacancy shall occur in the office of mayor the
vacancy shall be filled by the appointment by the town council of
any one eligible to such Office.

Sec. 27. The town council, in addition to the mayor, shall be com-
posed of nine members, three members from each of the three town
wards, who shall be elected by the popular vote of the qualified electors
of the town.

Sec. 28. The town council shall, by ordinance, fix the time of their
stated meetings, and no business shall be transacted at a special meet-
ing, unless all members of the council be present, but that for which
it shall be called. .

Sec. 29. The mayor shall have power to call a meeting' of the
“council whenever he deems it necessary, and in case of the absence,
inability or refusal of the mayor, the council may be convened by
the order of any three members thereof.

Sec. 30. Six members of the council (of whom for the purpose
of constituting a quorum, the mayor shall be counted as one) shall
constitute a quorum for the transaction of business. No vote shall be
reconsidered or rescinded at any. special meeting, unless at such special
meeting there be present as large a number of members of the council
present as were present when such vote was taken.
Sec. 31. The mayor, or in his absence or inability to act, the
president pro tempore of the council, or in his absence or inability,
some other member of the council chosen by the majority of the council
present at the meeting shall preside over the meetings of the council.

Sec. 32. The meetings of the town council shall be open to the
public, except when by a recorded vote of two-thirds of those members
present shall declare that the public welfare requires secrecy.

Sec. 33. The town council shall have authority to adopt rules for
the regulation of their proceedings, and to appoint such officers and
committees as they deem proper ; but no tax shall be levied or corporate
debt contracted, unless by vote of two-thirds of the council, which
vote shall be yeas and nays, and recorded in the journal; nor shall
any ordinance be passed or resolution adopted having for its object
the appropriation of money exceeding the sum of two hundred dollars,
except by the recorded affirmative vote of a majority of all members
elected to the council.

Sec. 34. <A journal shall be kept of the proceedings of the town
council, and at the request of any member present the yeas and nays
shall be recorded on any question. At the next meeting the proceed-
ings shall be read. and signed by the person who was presiding when
the previous meeting adjourned, or if he be not then present, by the
person presiding when they were read.

Sec. 35. The clerk of the council shall keep the said journal and
shall record the proceedings of the council at large thereon, and keep
the same properly indexed.

Sec. 36. The town council shall judge of the election, qualification
and returns of its members; may compel the attendance of absent
members, and punish and fine them for disorderly behavior, and with
the concurrence of two-thirds, expel a member for malfeasance in
office or for voluntarily absenting himself from the meetings of the
council.

Sec. 37. All vacancies occurring from any cause in the office of
the mayor and councilmen shall be filled for the unexpired term by
the council.

Sec. 38. The council shall have power to suspend and remove all
officers and employees appointed by it for misconduct or neglect of
duty, to be specified in the order of suspension or removal; but no
such removal shall be made without reasonable notice to the officer
or employee complained of, and opportunity afforded him to be heard
in his defense; and no removal of any town officer by the mayor,
other than an officer appointed by him, shall be final until the same
shall be ratified by two-thirds vote of the town council.

sec. 39. The town council shall have all powers and authority
that is now or may hereafter be granted to the councils of towns by
the general laws of this State and by this act; and the recital of special
powers and authorities herein shall not be taken to exclude the exer-
cise of any power and authority granted by the general laws of the
State to the town councils, but not herein specified.

Sec. 40, The town council, as now constituted, or hereafter elected,
shall have, subject to the provisions of this act, the control and man-
agement of the fiscal and municipal affairs of the.tawn, and of .the
property, real and personal, belonging to said town, and make such
ordinances, orders and by-laws, relating to same, as they shall deem
proper and necessary; they shall likewise have power to make such
ordinances, orders, by-laws and regulations and prescribe fines and
punishments for violations thereof, lay taxes and levies as they shall
deem necessary and proper to carry out the powers which are hereby
vested in them.

First. To establish, enlarge and operate a system of sewerage,
water works and electric light work within or without the limits
of the town; to contract or agree with the owners of any of the land
for the use and purchase thereof, or to have the same condemned
according to law, within or without the town, for the location, exten-
sion or enlargement of their said works, the pipes or wires connected
therewith or any other appurtenances or fixtures thereof, and shall
have power to protect from injury, by ordinances prescribing adequate
penalties, the works, pipes, fixtures and land, or anything connected
therewith, within or without the limits of said town.

Second. To close, extend, widen or narrow, straighten, lay out,
graduate, curb and pave and otherwise improve th¢ streets, sidewalks
and public alleys in the town, and have them kept in good order and
properly lighted, and to require the payment by the property owners
benefited by such works or improvements of such portion of the costs
as shall not exceed five per centum of the assessed value of said prop-
erty, and to make such sum a lien upon their real estate, and collectable
in the same manner as is herein provided and also as provided by
the general laws of the State for the collection of taxes generally.
And over any street or alley in the town which has been, or may be
ceded to the town, conveyed to the town by proper deed, they shall
have like power and authority as over other streets and alleys; they
may build bridges in and culverts under the streets, and may prevent
or remove any structure, obstruction or encroachment over or under,
or in any street, sidewalk or alley in said town; and may permit shade
trees to be planted along said streets; but no company, firm, corporation
or individual shall occupy with its or his works or appurtenances
thereof, the streets, sidewalks and alleys of the town without the con-
sent of the council duly entered of record; and whenever, in the
construction of any sewer or conduit or other public improvement, it
is necessary that the same shall run through or under private property,
the council shall have authority to contract and agree with the owners
thereof for the use and purchase of the right of way or other ease-
ment in, through, or under the same, or have the same condemned
according to law. The council shall have power to authorize the lay-
ng down of tracks and the running of cars thereon in the town by
lectricity or other motive power, under such regulations as the council
may prescribe.

Third. To prevent the cumbering of streets, sidewalks, alleys,
lanes, avenues or bridges in the town in any manner whatsoever, and
‘o have full and complete control of the same.

Fourth. To determine and designate the route and grade of any
railroad to be laid in said town, and to restrain and regulate the use
and speed of bicycles, motorcycles, traction engines, locomotives, en-
gines, cars, automobiles and other vehicles within said town.

Fifth. To secure the inhabitants of the said town from contagious,
infectious, or other dangerous disease; to establish, erect and regulate
hospitals and to prescribe quarantine regulations; to provide for and
enforce the removal of patients to said hospitals; to appoint and
organize a board of health for said town, prescribe its duties, and
invest said board with police authority and with full power for the
prompt and efficient performance of its duties.

Sixth. To require and compel the abatement of all nuisances and
the removal thereof, within the town at the expense of the person or
persons causing the same, or the owner or owners of the ground
whereon the same may be; to require and compel the owner of houses
in the town, or if the owners be unknown or absent, the occupants of
such houses, to connect their water closets and water drains with the
sewers of the town, or otherwise comply with such regulations as to
sewerage and nuisances as the council may prescribe; and upon failure
so to do, the same may be done by the town by entering upon the
premises if necessary, and the costs attending same shall be collected
from the owners or occupants of such houses as taxes are herein in this
charter allowed to be collected by the town.

Seventh. If any ground in said town shall be subject to be covered
with stagnant water, or if the owners or occupants thereof shall permit
any offensive of unwholesome substance to remain or accumulate
therein or thereon, the council may cause such ground to be filled up,
raised or drained, or may cause such substance to be covered or re-
moved therefrom and may collect the expenses of so doing from the
Owners or Owner, occupier or occupiers, or any of them by distress
and sale, in the same manner in which taxes levied upon real estate
for the benefit of said town are authorized to be collected; provided,
that reasonable notice shall first be given to the owners or their agents,
and be it further provided that such costs or expenses shall not exceed
five per centum of the assessed valuation of said property. In case
of non-residents who have no agents in said town such notice may
be given by publication, for not less than four weeks in any newspaper
printed or in general circulation in said town.

Eighth. To direct the location of all buildings for storing gun-
powder, fire-crackers, or other fire-works manufactured or prepared
therefrom, kerosene oil, nitro-glycerine, camphene, burning fluid or
other combustible material; to regulate and restrain the exhibition and
use of fire-works, fire-crackers, the discharge of fire-arms, the use of
candles or lights in barns, stables or other buildings, and to regulate
and restrain the making of bon-fires in the streets and yards of said
town.

Ninth. To prevent horses, cattle, hogs, dogs, chickens and all other.
poultry and animals from running at large in said town, and may subject
the same to confiscation, regulation and taxes as they may deem proper;
and the town council may prohibit the raising and keeping. of hogs in
the town, or in any part thereof.
Tenth. To prevent the riding and driving of horses or animals at
any improper speed, throwing stones, or engaging in any employment
or sport on the streets, sidewalks or public alleys dangerous to or an-
noying to passers; and to prohibit and punish the cruel treatment of
horses and other animals in said town.

Eleventh. To protect the persons and property of the inhabitants
of the town and others within the town; to restrain and punish drunk-
ards, vagrants and street beggars; to prevent vice and immorality,
obscenity, profanity, abusive language and gambling; to preserve peace
and good order; to prevent and quell riots, disturbances and disorderly
assemblages; to suppress houses of ill-fame and gambling houses; to
prevent lewd, indecent and disorderly conduct or exhibitions in said
town, and to expel therefrom persons guilty of such conduct.

Twelfth. To prevent the coming into town of persons having no
ostensible means of support, and persons who may be dangerous to
the peace and safety of the town. |

Thirteenth. To punish any husband who shall, without just cause,
desert or wilfully neglect or refuse to provide for the support and
maintenance of his wife, or any parent who shall desert or wilfully
neglect or refuse to provide for the support and maintenance of his
or her child or children under the age of sixteen years, she or they
being then and there in destitute or necessitous circumstances in said
town. é

Fifteentth. To make and enforce ordinances to secure the safe
and expeditious use of streets and allleys of the town, to regulate the
traffic thereon, and for the protection of persons and property thereon
and near thereto.

Sixteenth. To establish and maintain parks, playgrounds and
boulevards and cause the same to be laid out, equipped and beautified.

Seventeenth. The town council shall have power and authority to
lay off public grounds and provide, acquire, erect and keep in order
all buildings proper for the town; to provide a prison house and work
house, and employ managers, physicians, nurses and servants for the
same, and prescribe regulations for their government and discipline
and persons therein.

Eighteenth. To regulate slaughter-houses, soap and candle fac-
tories, and the exercise of any dangerous, offensive or unhealthy busi-
ness, trade or employment within the town, and to prevent and prohibit
the erection of such houses and factories, and the exercise of such
business, trades and employments within the town.

Nineteenth. To prevent injury or annoyance from anything dan-
gerous, offensive, or unhealthy, to provide by general ordinances what
are nuisances, to cause the abatement of any nuisance so declared
to be by the general laws of this State or the general ordinances of
the town, and to require and compel the abatement and removal of such
nuisances within said town by or at the expense of the owners of the
ground whereon the same may be or of the persons responsible therefor.

Twentieth. In addition to the special powers hereinbefore specifi-
cally delegated to the town council, all general powers, not in conflict
with the laws of this State, or of the United States, necessary for
the proper and sufficient government of such town, and which are by
law allowed:to municipal corporations, are hereby likewise delegated
to and invested in, the said council of the town of South Norfolk. |

Sec. 41. No street, gas, railway, water, steam or electric heating,
electric light or power company, compressed air, viaduct, condutt,
telegraph, telephone or bridge company, nor any corporation, associa-
tion, person or partnership engaged in these or like enterprise shal
be permitted to use the streets, alleys or public grounds of the town,
without the previous consent of the corporate authorities of the town.

Sec. 42. No person or corporation shall occupy or use any of the
streets, avenues, parks, bridges or any other public places or public
property of the town, or any public easement of the town of any de-
scription, in a manner not permitted to the general public, without hav-
ing first obtained the consent thereto of the town council, or a franchise
therefor; and any person, upon conviction of so doing before the
mayor, shall be fined not less than five dollars nor more than fifty
dollars, each day’s continuance thereof to be a separate offense, such
fine to be recovered in the name of the town and for its use; and such
occupancy shall be deemed a nuisance and the mayor shall have power
to cause the said nuisance to be abated, and to commit the offenders
and all their agents and employees engaged in such offense to the
town prison until such order shall be obeyed.

Sec. 43. In every case when a street of said town has been, or shall
be encroached upon by any fence, building, porch, projections, or other-
wise, it shall be the duty of the town council to require the owner, if
known, or if unknown, the occupant, to remove the same, and if
such removal be not made within the time prescribed by the council,
they may impose a penalty of not exceeding twenty-five dollars for
each and every day it is allowed to continue thereafter, and may cause
the encroachment to be removed and collect from the owner, or if
the owner be unknown, from the occupant of the premises, all reason-
able charges therefor, with costs, by the same process as they are
hereinafter empowered to collect taxes. No encroachment upon any
street of the said town, however long the same shall have been or may
be continued, shall constitute an adverse possession to, or confer any
right upon the person claiming thereunder or against the town.

Sec. 44. The town council shall have the power and authority,
when any felony or misdemeanor has been committed or attempted to
be committed in the town, may in their discretion, offer such reward
as they may think right, not to exceed one hundred dollars, for the
arrest and conviction of such criminal.

Sec. 45. The town council may make appropriations of public
funds to any public free school of the county of Norfolk, located
within the town, which is used or attended by the children of the resi-
dents of the town.

Sec. 46. The town council shall have the power and authority to
appoint a chief of police and such additional police officers and privates
as it may deem necessary or proper, to prescribe rules and regulations
for the government thereof, to prescribe uniforms and badges of
officers therefor, and to prescribe their rate of pay; and in addition
1920.] ACTS OF ASSEMBLY, . | 671
thereto, the mayor, or in his absence, the president pro tempore of
the council, or in the absence of both, any councilman, shall have the
power and authority whenever the regular police force of the town is,
in the judgment of such person, deemed inadequate to meet the needs
of the occasion, to appoint and swear in such additional or special
policemen as he may deem requisite for a term of service not to exceed
ten days, and at such compensation as the council may fix for special
policemen, or if no compensation be fixed by the council, then at the
same compensation per day paid regular police officers of the regular
police force. The duties and powers of such special policemen shall
be the same as that of a private on the regular police force. Until
the town council shall appoint a chief of police, the town sergeant
shall perform the duties of such officer.

Sec. 47. The police force shall be under the control of the mayor
for the purpose of enforcing peace and order and executing the laws
of the State and ordinances of the town. They shall also perform such
other duties as the council may prescribe. For the purpose of enabling
them to execute their duties and powers, each policeman is hereby
made a conservator of the peace and endowed with all the powers
of a constable in criminal cases, and all other powers which under the
laws of the State may be necessary to enable him to discharge the
duties of his office. Their pay, uniforms and the rules and regulations
for said police shall be prescribed by the council.

Sec. 48. The officers and privates of the police force of the town
Shall be invested with all the powers and authority which belongs to
the office of a constable at common law in taking cognizance of, and
enforcing the criminal laws of the Commonwealth of Virginia, and
the ordinances and regulations of the town, respectively ; and it shall
be the duty of each and every one of such policemen to use his best
endeavors to prevent the commission within the said town of offenses
against the laws of the Commonwealth and against the ordinances and
regulations of the town, to observe and enforce all such laws, ordi-
nances and regulations, to detect and arrest offenders against the same,
to preserve the good order of the town, and to secure the inhabitants
thereof from violence, and the property therein from injury.

Sec. 49. The policemen of the town, other than the sergeant,
shall have no power or authority in civil matters, but they shall in
all other cases execute such warrants or summons as may be placed
in their hands by the mayor of said town or properly constituted
authority, and shall make due return thereof. The criminal jurisdic-
tion of the policemen of the town shall be confined to the corporate
limits of the town.

Sec. 50. The town council shall have the power and authority to
establish and maintain a fire department for the town, and all powers
necessary for the government, management, maintenance, equipment
and direction of such fire department and the premises, property and
equipment thereof. The council may make ordinances as it may deem
proper for the prevention and extinguishment of fires, for the regula-
tion of the conduct of persons in attendance at fires, in relation to the
powers and duties of the officers and men of the fire department, to
require citizens to render assistance to the fire department in case of
need, and in relation to the acquisition, use, maintenance and preserva-
tion of real estate, personal property, fire apparatus and equipment
necessary or proper for the use of the fire department.

Sec. 51. The town council may, in their discretion, authorize or
require the fire department to render aid in cases of fire occurring be-
yond the limits of the town, and may prescribe the condition on which
such aid may be rendered. ;

Sec: 52. All streets, cross streets, avenues and alleys and walkways
which have already been laid off and opened according to the plats of
the several sub-divisions of the town, and all streets, cross streets,
avenues and alleys, lanes and walkways, which have heretofore been
opened and used as such, or which may at any time be located, sur-
veyed and opened in said town, or any extension of the same within
the corporate limits of the town, shall be and they are hereby estab-
lished as public streets, avenues, lanes and walkways of the town.

Sec. 53. Any street, alley, avenue or walkway heretofore or here-
after reserved or laid out in the division or sub-division into lots of
any portion of the territory within the corporate limits of the town,
by a plan or plat of record, shall be deemed and held to be dedicated
to public use as and for a public street, avenue, alley or walkway, as
the case may be, of the town, unless it appears by said record that the
street, avenue, alley or walkway so reserved is designated for private
use, and whenever any street, avenue, sidewalk, alley or walkway or
lane in the town shall have been opened and used as such by the
public for the period of five years, the same shall thereby become a
street, avenue, alley, walkway or lane for public purposes, unless
notice of the contrary intention on the part of the land owner be given
in writing to the mayor of the town, who shall report the receipt of
such notice to the council that it may be spread on the journal ; and the
council shall have the same authority and jurisdiction over, and right
and interest therein, as they have by law over the streets, alleys, walk-
ways and lanes laid out by them; and all streets, avenues, alleys and
walkways hereafter laid out in the division or sub-division into lots of
any portion of the territory within the corporate limits of the town
shall be made to conform to existing streets, avenues,'alleys and walk-
ways, both in widths and their courses and directions.

Sec. 54. The town of South Norfolk shall repair, maintain and
keep in good order the public streets and roads within the corporate
limits of the town, not otherwise maintained by the State. The prop-
erty in the town of South Norfolk shall not be liable to the county of
Norfolk for any road tax, and the inhabitants of the town and all
taxable property, personal and real, within the corporate limits of the
town shall be exempt from all assessments and levies imposed by the
authorities of the county of Norfolk or of Washington magisterial
district thereof, for the construction, repair or maintenance of roads
lying outside of the corporate limits of said town.

Sec. 55. The town council may take from any officer elected or
appointed by them a bond, with sureties to be approved by the council
in such penalty as they may deem proper, payable to the town by its
proper corporate name with conditions for the faithful discharge of
the duties of such officers. All bonds of officers elected by the people
or elected or appointed by the council under this charter shall be filed
with and kept by the clerk of the council.

Sec. 57. The said treasurer shall collect and receive all money
belonging to the town, and he shall perform such other duties as are
prescribed by the council. He shall keep his office in some convenient
place in the town. He shall keep his books and accounts in such man-
ner as the town council may prescribe, and such books and accounts
shall always be subject to the inspection of the mayor and council or
any committee, or committees of the council. He shall receive for his
services such compensation as the town council may from time to time
allow, which shall not be diminished during the term of his office.

Sec. 58. No money shall be paid out by the town freasurer except
by order of the council and upon a warrant of the clerk of the council,
countersigned by the mayor. Oe

Sec. 59. The town treasurer, or his deputy duly qualified, or by
order of the council of the said town, the town sergeant, or any other
person appointed by said council, shall collect all taxes and assess-
ments which may be-levied by the said town council, and for this
purpose the said treasurer, or other person appointed by the town
council as aforesaid, shall be vested with power and be subject to the
1abilities and penalties now prescribed by law in regard to the county
reasurers of the State of Virginia in the levying and collection of
‘axes, and said officers or persons appointed as aforesaid to collect said
axes, shall have full power to levy on property and sell the same for
the payment of such taxes as the said county treasurers of the State of
Virginia are now empowered by law to do, and such sales shall be
nade upon the notice and in such manner as now prescribed by law
n sales of personal property for State taxes; and any person so ap-
ointed shall give bond and receive such compensation as said council
nay direct.

Sec. 60. The treasurer shall be required to keep all moneys in his
ands belonging to the town in such place or places of deposit as the
own council by ordinance may provide or direct. |

Sec. 61. The treasurer shall report to each stated meeting of the
ouncil the amount of cash then on deposit to the order of the town
nd in what depositories deposited.

Sec. 62. The clerk of the council shall be appointed by the council
nd he shall attend the meetings of the council and keep a record of
ts proceedings; he shall have the custody of the corporate seal; he
hall keep all the papers that, by the provisions of this act, or the
lirection of the council, are required to be filed with or kept by him:
.e shall give notice to all parties presenting communications or pett-
ions to the town council of the final action of the council on such
ommunication or petition; he shall publish such reports and ordt-
ances as the town council is required to publish, and such other
reports and ordinances as it may direct, and shall, in general, perform
such other acts and duties as the council may from time to time pre-
scribe and require of him. He shall receive such compensation as the
council may direct. The town sergeant shall-perform the duties, re-
ceive the compensation, and be subject to the liabilities prescribed by
this act, the ordinances, by-laws and regulations of the town council
and laws of this State, and also shall have the powers and discharge
the same duties as constables within the corporate limits of the town
and be subject to the same liabilities touching all process lawfully
directed to him as constables are subject to under the laws of this
State.

Sec. 64. The town council shall have the power and authority to
prescribe for the town sergeant such general and other duties as 1t
may see fit and shall fix his compensation.

Sec. 65. In all civil and criminal cases arising under the State
laws the sergeant shall receive the same fees as are provided by law
for constables, and in all cases arising under the town ordinances,
where not otherwise provided, he shall receive the same fee as con-
stables receive in similar cases arising under the State laws.

The sergeant in all cases, civil and criminal, arising in said town,
shall be vested with all the powers which the general laws of the
State confer upon constables. In addition to-the powers conferred
upon town sergeants by the general laws of the State, the sergeant
of said town and all police officers appointed by the mayor or the
town council thereof, shall have all the powers conferred on special
police by the provisions of the Code of Virginia. The sergeant and
said police officers 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 their presence, and it shall be their duty to swear out warrants
of arrest for any person or persons where they have reason to believe
any offense has been committed.

Sec. 66. The council of the town of South Norfolk, whenever
three-fourths of its members by a recorded vote decide that it is to
the interest of the town so to do, may by an ordinance provide for a
bond issue election, to issue bonds for the uses and purposes of the
town, said issue to be ratified by a majority of the votes cast at such
election.

Sec. 67. Any bonds which may be issued under this. act may be
either registered or coupon bonds, and shall be issued in such denom:-
nations and bear such rate of interest, not exceeding the legal rate
per centum per annum, as may be determined by the council. Such
bonds shall be made payable in not exceeding thirty years from their
date, and may, at the option of the council, be made redeemable after
such time as the council may prescribe ; the interest shall be made pay-
able annually, or semi-annually, as the council may determine ; and the
council may exempt any or all such bonds from town taxes, in which

case a clause to that effect shall be inserted in each bond. The treas-
urer shall endorse on each hond issued and sold a certificate to the
effect that the town of South Norfolk has received the amount of said
bond from the holder, and when such certificate is so endorsed upon
said bond, and signed by the treasurer, the title of the purchaser shall
in no case be questioned, nor shall the purchaser or any subsequent
holder be required to see to the proper application of the money by
the town, and the validity of such bonds shall never thereafter be
questioned. All bonds issued by virtue of this act shall be signed by
the mayor and shall have the seal of the town affixed thereto, and
the said bonds shall be issued and sold, and the proceeds used under
the order of the council. Every bond issued by the council shall state
on its face for what purpose it was issued; provided always, that no
bond shall be issued or sold for the purpose of subscribing to the stock
of any company for internal improvements or other purposes; and
nothing contained in this charter shall be held to authorize the coun-
cil to endorse or guarantee the bonds of any person or corporation.

Sec. 68. For the execution of their powers and duties, the council
of the town of South Norfolk shall have the power to raise annually
by levies, taxes and assessments, in said town, such sums of money
as they shall deem necessary therefor, and in such a manner as they
may deem expedient in accordance with the provisions of this act and
the laws of the State and of the United States.

The town council shall have the power to tax all real and personal
property situated in‘said town, and not exempt by law from State
taxation, including all taxable real and personal property omitted from
the State assessment; to levy a tax on licenses of agents of fertilizer
and other persons, firms or corporations, whose principal office is or
1s not located in said town, if said persons, firms or corporations do,
or offer to do, business in said town; provided the general law of
the State permits the levy of such tax by towns or cities to auctioneers,
to public theatricals, or to other performances or shows; to hawkers
and peddlers; to agents for the renting or sale of real estate; to com-
mission merchants, and on the business of any person, firm or cor-
poration doing business in said town, whether a license tax on such
business be imposed by the State or not, within the limits of the Con-
stitution and general tax laws of the State; and also to impose a
license tax upon any firm, person or corporation who, not being regu-
larly engaged in business in said town, shall consign their goods to
others to be sold, or shall come into said town themselves at various
‘imes and intervals to offer their goods, wares and merchandise for
sale by auction or otherwise without the intention of continuing their
xusiness permanently or regularly in said town; provided, however,
hat any farmer may sell the products of his farm in said town with-
nut license; it being the purpose of this section to give to the council
»f this town the power to tax all subjects within its jurisdiction not
vithheld from taxation by the laws of this State, whether the State
axes them or not, and whether herein specifically enumerated or not ;
xut nothing herein contained shall be construed to repeal or amend
iny general law of the State with reference to the segregation of
axes.
676 ACTS OF ASSEMBLY. [va.

Sec. 69. The council may grant licenses to owners or keepers of
wagons, drays, carts, hacks, trucks, automobiles, motor-cycles and
other wheeled carriages or vehicles kept or employed in the town for
hire, and may require the owners or keepers of wagons, drays and
carts, automobiles of every description, motor-cycles, and other
wheeled vehicles using them in the town, to take out license therefor.
and may assess and require taxes to be paid thereon, and subject the
same to such regulations as they may deem proper.

Sec. 70. All goods and chattels wheresoever found may be dis-
trained and sold for taxes and licenses assessed and due thereon ; and
no deed of trust or mortgage upon goods and chattels shall prevent
the same from being distrained and sold for taxes and licenses assessed
against the grantor in such deed while such goods and chattels re-
main in the grantor’s possession.

Sec. 71. The council of the town of South Norfolk shall have the
right to add all tax bills not paid by the first day of December in
each year a penalty of five per centum on the amount of the tax bills.
and the said council shall also have the right to add to all taxes or
licenses not paid by the first day of June of each year a penalty of
five per centum on the amount of such licenses, and to prescribe a
fine for engaging without the payment of a license by any person ina
business for which a license tax is charged.

Sec. 72. The council may levy a tax annually upon all male per-
sons within said town over twenty-one years of age, provided said tax
shall not exceed one dollar on each said male person.

Sec. 73. The town treasurer or other officer whose duty it is to
collect town taxes shall commence to receive the town levies on or
before the first day of July of each year, or as soon thereafter as he
may receive copies of the commissioner of revenue’s books, and con-
tinue to receive same up to the first day of December thereafter. It
shall be the duty of the treasurer or other such officer after the first
day of December to call upon each person, resident within the town
chargeable with levies, who has not paid the same, or upon the agent.
if any, of such person resident within the town, for payment thereof:
and upon the failure or refusal of such person or agent to pay the
same he shall promptly proceed to collect the same by levy, distress
or otherwise.

Sec..75. All fines and penalties, and costs incident thereto imposed
and collected for violations of town ordinances, rules, regulations and
by-laws shall be for the use of said town and shall be turned into the
town treasury.

Sec. 77. The mayor of the town of South Norfolk shall possess
all the jurisdiction and exercise all the powers and authority of a
justice of the peace of the State of Virginia, in civil and criminal mat-
ters within the corporate limits of said town and shall have the jurs-
diction and authority of a justice of the peace to issue process and to
try and determine all civil and criminal cases arising in said town:
and shall have the power to issue process, hear and determine all
prosecutions, cases and controversies which may arise under the by-
1920. | ACTS OF ASSEMBLY. 677

laws and ordinances of the town; impose fines and inflict punishment
when and wherever they are authorized by the said by-laws and ordi-
nances and issue executions for the collection of said fines, and impose
such fines and penalties for violations of such by-laws and ordinances,
as to him shall seem just, where the amount of the penalty or fine
for such violation of such laws and ordinances is not fixed by the
same; and may, upon the failure of the offender to pay the fine or
penalty recovered and costs, order the offender to be confined in the
county jail of Norfolk county or the prison of the town for a term
not exceeding ninety days.

Sec. 78. Appeals may be taken to the circuit court of Norfolk
county from the decision of the mayor on both civil and criminal mat-
ters in the same manner and upon the same terms, and be tried in
the same way as appeals from the decision of a justice are taken, and
tried in like cases, except that no appeal shall be granted from the
decision of the mayor imposing a fine for violation of any of the
ordinances or by-laws of said town for offenses not made criminal
by the common law or the statutes of Virginia until and after bond be
given by the person so fined, with security approved by the mayor con-
ditioned to pay all fines, costs and damages that may be awarded by
the said court on appeal, the penalty of said bond to be double the
sum sufficient to pay all such fines, costs and damages. Should the
decision of the mayor be affirmed, in whole or in part, the said court
shall enter judgment against the said principal and surety for the
amount so affirmed, with costs before the mayor, and the costs of the
appeal, and execution shall be issued thereon in the name of the town
against both principal and surety. :

Sec. 79. In any case in which a judgment is rendered by the
mayor for a fine, going in whole or in part, to the Commonwealth, or
for a fine going, in whole or in part, to the town of South Norfolk,
the mayor may, of his own motion, or at the instance of the attorney
for the Commonwealth, commit the defendant to jail until the fine
and costs are paid, or until the costs are paid where there is no fine;
or the mayor may issue a capias pro fine before or after the return
of a writ of fieri facias.

Sec. 80. Inany case in which a judgment is rendered by the mayor
upon a trial for a misdemeanor under the general laws of the State of
Virginia, or upon any trial for the violation of the town ordinance,
in which a fine is imposed upon the defendant, or in which the de-
fendant is required to pay the costs, and the same are not paid, the
mayor may in his discretion take security for the payment of such
fine and costs or for the costs alone, where there is no fine, such pay-
ment to be made within thirty days from the day of trial.

It shall be sufficient to bind such surety that the mayor endorse
on the warrant the name of the surety, amount for which he is bound,
and the date of the endorsement: but, if no security is given, the de-
fendant will be committed to jail until such fine and costs, or such
costs alone are paid, but said commitment to jail shall not exceed
ninety davs.
If security be given, in case the fine imposed be for a misdemeanor
under the laws of the State of Virginia, if the same is not paid to the
clerk of the circuit court of Norfolk county, the said clerk shall issue
executions against the person whom the judgment is rendered, as well
as-against the surety in the manner provided by law, and in case such
fine be imposed for the violation of a town ordinance, the mayor shall
issue execution in the name of the town against the person against
whom the judgment is rendered, as well as against the surety for the
amount of the fine with costs.

But in case the bond is not given as provided in this section, the
mayor may commit the defendant to jail until the fine and costs are
paid, or until the costs are paid, where there is no fine, unless sooner
discharged by due course of law.

Sec. 81. All criminal and civil writs and process issued by the
mayor under the general laws of the State of Virginia shall run in
the name of the “Commonwealth of Virginia,” and all criminal and
civil writs or process issued by the mayor for the violation of or under
ordinances of the said town shall run in the name of “The town of
South Norfolk,” and writs and process issued in the name of the town
of South Norfolk shall conform as near as may be to the form for
similar writs and processes issued under general State laws.

Sec. 82. Where by the provisions of this act or the general laws
of this State the council has authority to pass an ordinance, by-laws
or regulations on any subject, it may prescribe any penalty not exceed-
ing one thousand dollars or confinement in jail not exceeding twelve
months, or both, for the violation thereof, or any other form of pun-
ishment provided for by the laws of this State for the punishment of
misdemeanors.

Sec. 83. The jailor of the county of Norfolk is hereby authorized
to receive into his jail, and there keep until released in accordance
with law, any person regularly committed to his jail for the violation
of any town ordinance, regulation or by-laws; and unless otherwise
provided by town ordinances any sentences of imprisonment imposed
or order for confinement in prison for the non-payment of any fine,
penalty or costs imposed by the mayor for the violation of a town ordi-
nance, regulation or by-law, may be either in the town prison or in the
county jail of Norfolk county as said mayor imposing such sentence
or making such order shall designate.

Sec. 84. The jailor of Norfolk county or the person in charge of
the prison of said town is authorized to receive into the said jail or
prison, without mittimus or warrant, all persons apprehended by the
sergeant or any police officer of said town for violation of the rules,
regulations, by-laws or ordinances, or disturbing the peace of said
town, and shall be authorized to retain such person in custody until
the morning of the second day, at which time they shall be discharged,
unless regularly committed to his custody by a mittimus or warrant,
in which case the officers so receiving said parties shall be entitled to
fees provided to be paid when a person is committed under a war-
rant or mittimus of a justice of the peace.
Sec. 85. The officers of the town whose duty it is to collect the
town taxes and levies shall have all powers to levy upon and distrain
goods and chattels of the tax debtor or any other person therefor that
may be given by the laws of this State to the officer of a town whose
duty it is to collect town levies and taxes.

Sec. 86. The commissioner of the revenue of the second district
of Norfolk county shall list the persons and property, real and per-
sonal, of the town of South Norfolk separately from the rest of
Washington magisterial district, in listing for taxation the persons
and property, real and personal, of Norfolk county for each year.

Sec. 87. The mayor and councilmen and other officers in office in
said town at the time of the pabsage of this act shall be continued in
office until the expiration of the terms for which they were elected or
appointed and until their successors are duly elected or appointed and
qualified according to law.

Sec. 88. All ordinances now in force in the town of South Nor-
folk, not inconsistent with this act, shall be and remain in force until
altered, amended or repealed by the town council.

Sec. 89. All acts or parts of acts in conflict with this act are
hereby repealed, in so far as they affect the provisions of this act.

Sec. 90. Inasmuch as the necessities of the town require prompt
action, an emergency exists rendering it necessary that this act shall
vo into operation at once, therefore this act shall be in force from
its passage.