Chap. 171.—An ACT to amend and re-enact sections 2881 and 2882 of the Code

of Virginia, in relation to the incorporation of towns by the circuit courts

of this State. [H B 258]
Approved March 14, 1922.

1. Be it enacted by the general assembly of Virginia, That sec-
tions twenty-eight hundred and eighty-one and twenty-eight hun-
dred and eighty-two of the Code of Virginia, be amended and re-
enacted so as to read as follows:

Sec. 2881. How any unincorporated town or thickly settled com-
munity may be incorporated.—Whenever a petition signed by twenty
duly qualified voters of any unincorporated town, or thickly settled
community, within this State, shall be presented to the circuit court
of the county in which such town or community, or the greater part
thereof, is situated, or to the judge thereof in vacation, setting forth
the metes and bounds of said town or community, and praying that
such community may be incorporated as a town, with satisfactory
proof that such petition with notice attached of the time and place
that said petition will be presented has been published in full in some
newspaper published in said county, if any, once a week for four suc-
cessive weeks and posted at the front door of the court house of said
county for four weeks; if no newspaper be published in the county
in which said town, or the greater part thereof, is located, then five
copies of said petition and notice shall be posted within the limits
of said town or community to be incorporated for four weeks, and a
copy posted at the front door of the court house of said county; and
the said court shall be satisfied that it will be to the interest of the
inhabitants of said town; that the prayer of said petition is reason-
able; that the general good of the community will be promoted; that
the number of inhabitants of said town exceeds two hundred and does
not exceed five thousand, and that the area of land designed to be
embraced within the town is not excessive; such court, or the judge
thereof in vacation shall by an order reciting the substance of said
petition and the due publication thereof, and that it is to the best
interests of the inhabitants of that locality, that the general good
of the community will be promoted by the incorporation of said town
and that the number of inhabitants exceeds two hundred and does
not exceed five thousand, order and decree and enter upon its common
law order book that such town be, and the same is hereby, incorpo-
rated as a town by the name and style of the “the town of _______..
(naming it),” and designating in such order the metes and bounds
thereof, and thenceforth the inhabitants within such bounds shall
be a body, politic and corporate, with all the powers, privileges and
duties conferred upon and appertaining to towns under the general
law.

And upon a like petition authorized by a resolution of the town
council supported by like evidence and after posting a copy of the
resolution of the town council with a notice attached of the time and
place when said petition will be presented at five or more public
places in said town, the court, or the judge thereof in vacation, shall
by an order containing the recitals required by this section, change
or restrict the boundaries of said town, or make such other amend-
ments to the charter of said town as may be just and desirable and
which are not contrary to any law of this State.

Sec. 2882. How first election ordered.—The order so incorporat-
ing said town shall order the first election of town officers and shal]
designate. the time and place where the said election shall be held in
said town and the electoral board of said county within such town,
or the greater part thereof is situated, shall, not less than fifteen days
before said election, appoint one registrar and three judges of election
who shall also act as commissioners of election, and said officers of
election shall conform to the requirements of section twenty-nine
hundred and ninety-five, and the conduct of said election shall con-
form in all respects to the requirements of the general law regarding
the holding of elections in towns so far as applicable. Said election
shall be held and the vote counted, returned, canvassed, and certified
as regular elections are held, returned, canvassed and certified, but
officers elected at said election shall only hold office until the next
regular election of town officers to be held as provided for by general
law. And if for any cause no election shall be held on the day fixed
in said order the court, or the judge thereof in vacation, may, by
an order entered in its common law order book, fix another day for
said election, which shall be held after like proceedings and notice
as herein above required, and any election heretofore or hereafter held
in conformity to the provisions of this section, though not held on the
day named in the order of incorporation but held on a day named
in a subsequent order of the court, or the judge thereof in vacation,
shall be as vaild and shall have the same force and effect as if said
election had been held on the day named in said order of incorpora-
tion. . x

2. An emergency is hereby declared to exist and this act shall
be in force from its passage. Lm