Chap. 287.—An ACT to amend and re-enact an act entitled an act to incorporate
the town of Brookneal, in the county of Campbell, approved February 20,
1908, as heretofore amended, [SB 230]

Approved March 24, 1926.

1. Beit enacted by the general assembly of Virginia, That an act
entitled “an act to incorporate the town of Brookneal, in the county of
Campbell,’ approved February twentieth, nineteen hundred and
eight, as heretofore amended, be amended and re-enacted so as to
read as follows:

Section 1. The territory contained within the limits of the said
town shall be as follows, to-wit:

Beginning at the mouth of Tanyard branch, thence along said
branch to the mouth of a small bottom; thence along this bottom
north to the southeast corner of N. I. Walthall’s lot; thence along his
line north, crossing a road along the east side of Mistress S. B. Guth-
rie’s lot, crossing the Norfolk and Western railroad; thence along the
right of way of the Norfolk and Western railroad to Mistress Wick-
liff’s and Mistress Rush’s lines; thence with their line to Falling river;
thence along Falling river to the mouth of Terry’s spring branch;
thence along Terry’s spring branch to his spring; thence in a westerly
direction to a street just west of the house occupied by J. R. Scott;
thence south, crossing the public road and the Norfolk and Western
railroad, across the land of R. D. Williams and A. B. Carrington,
down a bottom west of W. M. Puckett’s house, down the branch to
the Staunton river; thence with the Staunton river to the beginning.

Section 2. The inhabitants of the town of Brookneal, as its limits
are or hereafter may be established, shall continue to be a body,
politic and corporate, to be known and designated. as the town of
Brookneal, Virginia, and as such shall have and may exercise all
powers which are now or hereafter may be conferred upon, or delegated
to towns under the Constitution and laws of the State of Virginia as
fully and completely as though said powers were specifically enum-
erated herein, and no enumeration of particular powers by this charter
shall be held to be exclusive.

Section 3. Administration and government.—First. The ad-
ministration and government of the town shall be vested in one prin-
cipal officer, denominated the mayor, and six councilmen, who shall
constitute the town council, all of whom shall be electors of the said
town.

Second. The electors of the town shall be the actual residents
thereof for six months prior to any election, who are otherwise qualified
to vote for members of the general assembly, and have paid their poll
tax as required by law.

Third. The municipal officers of the town, in addition to the
mayor, shall consist of a sergeant and collector, and a recorder and
treasurer.

Fourth. The duties of all municipal officers, except as herein
provided, shall be fixed by the town council, except that all of the said
officers shall be subject to all of the duties imposed upon them by
general law, now or hereafter.

Fifth. The compensation of the mayor and all other municipal
officers, agents and employees shall be fixed by the town council.

Sixth. The town council shall have the right to appoint and em-
ploy such other officers, agents and employees as it may deem nec-
essary and proper for any of the business of the town.

Seventh. All officers appointed by the council or elected by the
electors may be removed by the council. However, no officer so
appointed or elected shall be removed unless and until reasonable
notice, in writing, shall have been given him of the charges against
him, and he shall be entitled to a public hearing before the council.
Notice of the said charges, shall be given by the mayor to the officer
in question at least ten days before such hearing. At such hearing,
evidence may be introduced for and against the removal of such
officer, and if two-thirds of the members elected to the council believe
that such officer should be removed for cause, and shall so vote by a
recorded vote on the minute book of the council, the said officer shall
stand removed. Pending such public -hearing, the officer under
charges may be suspended by the mayor or by the council by a
majority vote.

Eighth. If the mayor shall die, or otherwise become incapacitated,
cr shall move away from the said town, his place shall be filled by the
council, within thirty days from the time that such office becomes
vacant.

Ninth. The council shall have the right to fill any vacancy in any
office of the town arising from any cause.

Tenth. If a member of the council die or otherwise becomes in-
capacitated, his place shall be filled by the council at its next regular
meeting or at such other meeting as the council may designate.

Eleventh. No.person shall hold office in the said town until he
shall have taken the oath prescribed by the laws of the Commonwealth
of Virginia for such officers. The oath shall be taken before the clerk
of the circuit court of Campbell county, and a copy thereof delivered
by the said clerk to the recorder and treasurer of the said town, to be
filed in the records of the said town. If any such officer shall fail to
take such oath, and such failure shall continue for thirty days after
the time he would have taken office, the office shall be declared vacant,
and the council shall, at its next meeting, elect some person who is
qualified to fill the office.

Twelfth. If any person shall vacate his office, or be removed
therefrom, or become otherwise disqualified, he shall forthwith de-
liver all books, papers, accounts and property of every kind and
description that belongs to the town, over to the council, and if he
shall fail to so do within ten days after written notification from the
mayor, he shall be fined not more than five hundred dollars, and the
mayor is authorized to proceed against such officer for the recovery
of such books, papers, accounts and property in the courts of this
State by any means by which such property may be recovered by an
individual.

Section 4. Mayor.—First. The mayor of the town shall be
elected by the qualified voters thereof on the second Tuesday in June,
nineteen hundred and twenty-six, and each two years thereafter.

Second. The mayor shall be the chief executive officer of the
town. It shall be his duty to see that all the by-laws and ordinances
of the town are obeyed and complied with. He shall be clothed with
all the powers and authority of a justice of the peace in civil and
criminal matters within such town, and shall also have power and
authority to try cases and controversies which may originate within
such town, and to inflict such punishments as are provided by law,
with the right of appeal to the circuit court of Campbell county in all
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 laws of the State of Virginia until after bond, with security
approved by the said mayor, shall be given by the person, firm or
corporation so fined, or some one for him, them or it, with condition
to pay all such fines, costs and damages as may be awarded by the
said court on appeal. For warrants issued by him as mayor or as a
justice, and for trials of civil and criminal matters, he shall be allowed
fees as described by the general laws of the State of Virginia, which
said fees shall be paid by him to the recorder and treasurer of the town
monthly, who shall place the same to the credit of the town, to be
expended by the town council as it shall direct, for the purposes of the
said town.

Third. All fines imposed by the mayor shall be collected by the
sergeant and collector as provided hereinafter. The mayor shall
report at the first regular meeting in each month of the council, an
itemized list of all fines imposed by him during the preceding calendar
month and also a statement of all costs collected by him and paid to
the town recorder and treasurer.

Fourth. The mayor shall preside over all meetings of the town
council and it shall be his further duty to see that the duties of the
various officers, agents and employees of the said town, are faithfully
carried out.

Fifth. The mayor shall at all times have access to all property,
books, papers and records of the said tawn. He shall make such
written recommendations to the town council in regard to the affairs
of the said town as he may think necessary and proper. ,

Sixth. The mayor may be removed from office by the town
council, two-thirds of the members elected thereto voting in the
affirmative for misfeasance, malfeasance, or gross neglect of his official
duty, but he shall not be removed until notice of the charges against
him are given, in writing, and a trial had, as required in article seven
of section three of this act, with the right of appeal to the circuit court
of Campbell county. Should it become necessary to serve any such
notice upon the mayor, the same shall be executed by the sergeant
and collector.

Section 5. Town council.—-First. The members of the town
cauncil shall be elected an the second Tuesday in June, nineteen hun-
dred and twenty-six, and each two years thereafter.

Second. The mayor and members of the council shall take office
on the first day of September after their election.

Third. The town council, in addition to powers granted it by
this act, shall have all the authority and power, and be subject to all
of the duties, imposed by general laws.

Fourth. The town council, at its first regular meeting in Septem-
her of each year, shall elect a president of the council to be chosen
rom their number who shall preside over its meeting during the ab-
ence or disqualification of the mayor. In the absence or disqualifica-
ion of the said mayor, the president of the council shall possess and
nave all power and authority which is granted to the mayor of said
town by the provisions of this act and it shall be his duty, to faithfully
lischarge the same.

Fifth. The town council shall meet on the first Monday night in
each month, unless it shall hereafter by ordinance prescribe otherwise,
but a regular meeting shall be held once during each month.

Sixth. The president of the council, or the mayor, or any three
members thereof, may call a special meeting at any time. Notice of
such special meeting shall be in writing and served upon all members
of the council not signing the call. Such service shall be by the ser-
yeant and collector or recorder and treasurer, and shall be made as
other legal service may be made in this Commonwealth. At such
meeting, no business shall be transacted unless there are a majority
of all of the members of the council present, and then only the par-
ticular business for which the said meeting was called.

Seventh. No motion to reconsider the vote by which any by-
laws, ordinance or resolution was passed may be entertained by the
presiding officer of the council after the same shall once have been
made and defeated, or passed, unless made by a member voting for
such by-law, ordinance or resolution. No motion to reconsider shall
be entertained at a special meeting. If a special meeting has been
held, no business shall be transacted at the next regular meeting until
the minutes of such special meeting shall have been read and approved.

Eighth. Any four councilmen or any three councilmen and the
mayor shall constitute a quorum of the council.

Ninth. The council may adopt such rules and procedure for the
regulation of their meetings as they may deem proper but no tax mav
be imposed, or debt contracted, or payment of money authorized.
except by an affirmative vote of two-thirds of the members recorded
on the journal. ,

Tenth. A journal of all of the proceedings of the council shall be
kept, which shall be open at all reasonable times to the inspection ot
any person interested and residing in the said town. The said journa
shall be signed by the presiding officer after the same shall have beer
approved in a regular or special meeting of the council, and shall als«
be signed by the recorder and treasurer.

Eleventh. If any member of the council shall voluntarily anc
without sufficient excuse, absent himself from three consecutive regu:
lar meetings of the council, his office shall be declared vacant, and the
vacancy filled by the council at its next regular meeting.

Twelfth. The council shall have the custody and control of all o
the property of the town, and all the authority now granted or whicl
may hereafter be granted councils of towns by the general laws of thi
Commonwealth in regard to the control of the fiscal and municipa
affairs of the town, are hereby granted to the said council of the tows
of Brookneal.

Thirteenth. The town council may make ordinances and by-law
for carrying into effect the provisions of this act; may prescribe fines
and other punishments for the violation of any of the ordinances or
by-laws of the town and in addition to the powers above mentioned,
the said town of Brookneal shall have the following powers: (1) To
control and manage the fiscal and municipal affairs of the town, and
all property, real and personal belonging to it, and may make such
ordinances, orders and by-laws, relating to the same as it may deem
necessary and proper. (2) To purchase, hold, sell and convey all
real and personal property necessary for its uses and purposes. (3)
To raise annually by taxes and assessments in the said town such sums
of money as the council thereof shall deem necessary for the purposes
of the said town, and in such manner as the said council shall deem
expedient in accordance with the Constitution and general laws of
this State and of the United States; provided, however, that it shall
impose no tax on the bonds of the said town. (4) To impose special
or local assessments for local improvements and enforce the payment
thereof, subject, however, to the limitations prescribed by the Con-
stitution of Virginia which are in force at the time of the imposition
of such special or local assessments. (5) To impose a tax of one dollar
per annum upon each male resident of the town who has attained the
age of twenty-one years. (6) To the extent permitted by the Consti-
tution and general laws of the State, to impose a tax on merchants,
commission merchants, auctioneers, traders, brokers, hotel keepers,
boarding house keepers, keepers of drinking or eating houses, keepers
of livery stables, garages, photographic artists of all kinds, agents of
all kinds, vendors of quack or patent medicines, public theatrical or
other performances or shows, keepers of billiard tables, ten pin alleys,
pistol galleries, peddlers, sample merchants, public service corpora-
tions, and any other person, firm, corporation, business or employ-
ment, whether of like kind with any of the foregoing or not, which it
may deem proper whether such person, firm, corporation, business or
employment be herein specifically enumerated or not, and whether
any tax be imposed thereon by the State or not. As to all such per-
sons, firms, corporations, business or employment, the council may,
to the extent permitted by general law, lay a direct tax or may require
a license tax therefor under such regulations as it may prescribe and
levy a tax thereon; and where it is permitted by the general laws of
this State, may levy -Loth a direct tax and a license tax thereon. But
this section shall not render it legal to conduct within the town of
Brookneal any business, calling or profession which but for this section
would be illegal. (7) The council may subject any person, firm or
corporation who, without having obtained a license therefor, shall do
any act or follow any employment or business in the town, for which
a license may be required by ordinance, to such fine or penalty, as it is
authorized to impose for any violation of its laws. (8) To borrow
money for and in the name of the town, contract debts and cause to be
issued therefor notes or bonds which, however, shall be subject to the
provisions of the Constitution and laws of this State and to provide
for the retirement of same by the creation of a sinking fund. (9) To
expend the money of the town for all lawful purposes. (10) To es-
tablish markets in the town and regulate the same and to enforce such
regulations in regard to the keeping and sale of milk, fresh meat,
vegetables, eggs and other green groceries, and the trade of hucksters
and junk dealers, as may be deemed advisable. (11) To erect and
keep in order all necessary public buildings, and to establish and
regulate public squares and parks in or near the town, and may
acquire by purchase, through condemnation or otherwise, the land it
may deem necessary for such uses. (12) To establish and maintain
water works or gas works within or without the said town; to contract
with the owners of land for water and riparian rights, for the use or
location thereof, or to have the same condemned for the location of
said works, or the pipes and fixtures thereof, and to acquire by pur-
chase or condemnation such quantity of the water shed land adjacent
to the intake or source of supply, as in the judgment of the said town
council may be necessary to insure a sufficient supply of water for
said town, and to protect the same from pollution; and to protect all
such works, pipes, reservoirs and fixtures whether within or without
the town, against injury and pollution, by appropriate ordinances and
penalties to be enforced as are other ordinances of said town. (13)
To establish or acquire by purchase and to maintain and operate
within or without the corporate limits of the said town, suitable works
for the generation of electricity for illuminating or other purposes and
to supply the same to consumers in or near the town at such price and
on such terms as the council may prescribe and to that end may con-
tract with the owners of land and water power for the use thereof, or
may have the same condemned. (14) To take care, supervision and
control of streets, squares and commons, and to close, extend, widen,
narrow, lay off, pave, improve and otherwise alter the streets and
alleys in said town and have the streets and alleys properly lighted
and kept in good order; make or construct sewers or public ducts
through the same or wherever else they may deem expedient; build
bridges in or culverts under the said streets and alleys; prevent or
remove obstructions or encroachments over, under or in the same;
plant shade trees along the same, and prevent the cumbering of streets,
alleys, walks, public squares, lanes or bridges in any manner whatever.
(15) To establish, construct and maintain sanitary sewers, sewer lines
and systems, and to require the abutting property owners to connect
therewith and to establish, construct, maintain and operate sewerage
disposal plants, and to acquire by condemnation or otherwise, within
or without the said town, all lands, rights of way, riparian and other
rights and easements necessary for the purposes aforesaid, and to
charge and collect reasonable fees or assessments or costs of services
for connecting with and using the same. (16) To provide for the
weighing of hay, fodder, oats, and shucks or other long forage, ice,
coal and live stock, and the measuring of wood and lumber, and to
that end, it may require every merchant, manufacturer or trader in
property of any description which is sold by measure or weight to
have his weights and measures sealed by such means as the council
may determine. (17) To secure the inhabitants of the town from
contagious, infectious or other dangerous diseases; to establish a
quarantine ground, to provide and maintain hospitals; to compel the
removal of patients to same; to appoint and organize a board of
health as provided for by the general laws of this State; to define its
duties and to grant to it the necessary authority to effectually dis-
charge the same. (18) To provide in or near the town, a cemetery
to be used as a burial place for the dead; to improve and care for the
same and the approaches thereto and to charge for and regulate the
use of ground therein. (19) To compel the abatement and removal
of all nuisances within the town at the expense of the person, firm or
corporation causing the same, or the owner or owners of the ground
whereon the same shall be; to prevent or regulate slaughter houses as
well as any offensive or unhealthy business or employment therein,
and to regulate the transportation of coal, dirt and other articles
through the streets and alleys of the said town. (20) To authorize
and regulate the erection and construction of party walls and fences,
and to prescribe how the costs thereof shall be borne by coterminous
owners. (21) To direct the location of all buildings for storing ex-
plosives or combustible substances; to regulate the sale and use of
gun powder, nitro-glycerine, fireworks, kerosene oil, gasoline or other
like materials; to regulate the exhibitions of fireworks, the discharge
of fire arms and the making of fires in streets, alleys and yards. (22)
To provide for the regular and safe construction of all buildings of
every kind and description in the town for the future; and to designate
and prescribe from time to time the parts of the town within which
no building of wood or frame construction shall be erected, and to
regulate the construction of all buildings in the said town so as to
protect it against the danger from fire. (23) To prevent fowls and
animals being kept in or running at large in the town, and to subject
the same to such taxes, regulations and confiscations as it may deem
necessary and proper. (24) To prevent the riding or driving of
horses or other animals; automobiles or other vehicles of any kind
at improper speeds and to prevent the engaging in .any kind of em-
ployment in the public streets or alleys which is dangerous or annoy-
ing to passers-by, and to prohibit and punish the abuse of cruelty to
animals. (25) To restrain and punish drunkards, vagrants and
peddlers. (26) To make and enforce ordinances similar to the pro-
hibition laws of the State. (27) To prevent vice and immorality; to
preserve public peace and good order; and to prevent and quell riots,
disturbances and disorderly assemblages; to suppress houses of ill-
fame and gaming houses; to prevent lewd, indecent and disorderly
conduct or exhibitions in the town, and to expel therefrom persons
guilty of such conduct who have resided therein less than one year.
(28) To prevent the coming into the town of persons having no osten-
sible means of support, or of persons who may be dangerous to the
peace and good order of the town. (29) To regulate and control
auction sales, livery stables, garages, slaughter houses, theatrical per-
formances or other public shows or exhibitions; the hiring or use for
pay of carriages, carts, wagons, drays, automobiles and jitneys and
the business of peddlers, persons selling goods by samples; persons
keeping billiard tables, ten pin allevs and pistol galleries for profits
and all other similar business and occupations and employments, and
as to such trades, occupations and employments, and any other of a
like nature, may grant or refuse licenses as it may deem proper and
for the best interest of the said town. (30) To make such regulations
and orders as will protect its citizens from unsafe houses or walls and
to that end, it shall have the power to cause to be condemned and
taken down any such building or wall, but no such condemnation shall
be made or such house or wall be taken down until the owner thereof,
or in case of an infant or insane person, his guardian or committee,
be duly summoned before the mayor or the committee of the council
on public safety, should there be one, and allowed reasonable oppor-
tunity to show cause against such action. (31) To maintain a suit
to restrain by an injunction the violation of any ordinance, notwith-
standing punishment may be provided for the violation of such
ordinance. (32) To establish a chain gang or work house and require
offenders against town ordinances to work on the said chain gang or
in the work house, should it be established, and may require when
any person is sentenced to serve a term in jail for the violotion of any
ordinance or by imprisonment for the non-payment of any fine, he
may be required to work on the chain gang upon the streets, alleys
or other public places of the town. (33) To regulate stores, shops,
business establishments and individual premises in the town of Brook-
neal; to prohibit the sale or exposure for sale of meat or food stuffs
damaged or otherwise unfit for sale or consumption; to regulate the
manufacture of ice in the same town, and to provide proper and
reasonable regulations for the manufacture thereof; and also to pro-
vide that no ice shall be shipped into and sold in the said town that is
not manufactured in accordance with the ordinances of the said town
or any regulation enacted by the council, relative to the manufacture
and sale of the same. (34) To elect or appoint such committees for
the various departments of the town as it may desire from the members
of the council. The committees shall be elected or appointed at the
first regular meeting of the council in September of each year, and
vacancies shall be filled by the council as they may occur. (35) For
the violation of any ordinance or by-law of the said town, the said
council may impose a fine and other punishment or jail sentence, not
in excess of the fine, punishment and jail sentence imposed for a like
offense by the laws of this State, and in case the offense is not punish-
able by the laws of this State, then for the purpose of carrying out
this act, the council may prescribe for the punishment for any such
offense, a fine not exceeding five hundred dollars or imprisonment in
jail not exceeding twelve months or both. (36) To pass all by-laws,
rules and ordinances not repugnant to the Constitution or the laws
of the State which it may deem necessary for the good order and
government of the town, the management of its property, the conduct
of its affairs, the peace, comfort, convenience, order, morals, health
and protection of its citizens and their property, and to do such other
things and to pass such other laws as may be necessary or proper to
carry into effect any power, authority, capacity or jurisdiction which
is or shall be granted to or vested in the said town or in its council or
the officers thereof, or which may be necessarily incident to a municipal
corporation.

Section 6. Sergeant and collector.— First. The office of sergeant
and collector shall be filled by one qualified elector in the town of
Brookneal. He shall be elected by the qualified voters thereof on the
second Tuesday in June, nineteen hundred and twenty-six and every
two years thereafter, and shall take office on the first day of September,
following his election.

Second. The town sergeant and collector shall have all the
powers and authority of a deputy sheriff in the said town in criminal
matters and the power and authority of a constable in civil matters
in the said town. The power and authority of the said sergeant and
collector as a deputy sheriff shall extend over the whole of the said
county of Campbell in criminal matters arising in the said town of
Brookneal.

Third. If at any time the mayor shall believe that an emergency
exists, or that it is necessary for good order and preservation of the
laws that additional policemen be provided, he shall have the right to
appoint and qualify such additional policemen, whose compensation
shall be fixed by the town council. In event of the absence or dis-
qualification of the said town sergeant and collector, the council shall
have the power to designate some elector in the said town to act in the
place and stead of the said sergeant and collector and such person so
appointed and qualified, shall have the same power and authority as
the said town sergeant and collector.

Fourth. The town sergeant and collector and any person or per-
sons who may hereafter be appointed police officers shall use their best
endeavors to prevent the commission of any crime, violation of State
or town laws, and detect and arrest offenders against the same, and
shall preserve the peace and good order of the said town, and secure
the inhabitants thereof from violence and the property thereof from
injury.

Fifth. The sergeant and collector of the said town shall collect
all fines imposed by the mayor or the president of the council in the
absence or disqualification of the mayor, as well as all monies due the
said town from every source, except as herein otherwise provided, and
shall collect all property, license and privilege taxes and assessments
which may be assessed by the council and such other money due to
the said town as the council may direct, and shall perform such other
duties as the council may prescribe. All monies and revenues col-
lected by the said sergeant and collector for the said town, from any
source shall be paid by him to the recorder and treasurer of the town
on the first day of each month following the collection of same.

Sixth. The town sergeant and collector shall report to the council
at its first regular meeting in each month an itemized list of all monies
and revenues collected by him which list shall contain and set forth
the sources from which such money is collected. He shall report all
collections to the council under general heads for the preceding calen-
dar month and such report shall be entered upon the journal of the
council by the recorder and treasurer or the recorder and treasurer
shall enter in the journal that such lists and reports were not made
and for the failure of the said recorder and treasurer to make such
notation upon the said journal, the said recorder and treasurer shall
forfeit and pay to the said town the sum of ten ($10.00) dollars for
each such failure, which forfeiture shall be deducted from his salary.

Seventh. If the said town sergeant and collector shall fail to pay
over promptly the money as aforesaid, as required by the provisions
of this act, and such default shall continue for a period of ten days
from the time the said money should have been paid to the said
recorder and treasurer, the said sergeant and collector shall, in addition
to other penalties, pay six per centum per month upon the amount in
default. He shall not retain any of his salary or compensation out of
the town funds but his salary and compensation shall be paid to him
only by warrants drawn by the town council as prescribed on the
records and issued as other warrants are issued.

Eighth. The sergeant and collector of the town shall be required
to enter into such bond and with such security as the council shall
determine and he and his bondsman shall be liable to the same penal-
ties and criminal punishments for any wrongful act as provided for by
the laws of this State for county and city treasurers.

Ninth. It shall be the duty of the mayor to forthwith proceed
against the said sergeant and collector for the said town for any
amount for which he may be in default, upon notice of such default
being given to the said mayor by the town council.

Tenth. The sergeant and collector shall commence to receive the
town levies at such time or times and at such place or places as shall
be prescribed by the council. Any person failing to pay any levies
on or before the first day of December, shall be assessed with a penalty
of five per centum thereon, and after that time, the said assessments
may be collected by the sergeant and collector, and it shall be his duty
to so do, by levy, distress or otherwise, as provided by the general
laws of this State.

Eleventh. There is hereby granted to the town of Brookneal, to
be exercised through its proper officers, every remedy for the collection
of taxes which is granted to the counties in this State for the collection
of similar taxes.

Twelfth. When the sergeant and collector is unable to collect
the said taxes by any remedy granted him, and has definitely ascer-
tained that they are uncollectible, he shall, on or before the fifteenth
day of June of each year, make out and file with the council an alpha-
betical list of the persons, firms or corporations assessed with such
taxes, extended on such list in like manner as city and county treas-
urers are required to make out such delinquent list, and shall verify
the same by affidavit, and if the council shall decide that such taxes
are uncollectible, the said town sergeant and collector shall be granted
credit therefor in his settlement with the council.

Thirteenth. No sergeant and collector shall be allowed to succeed
himself as such until he shall have paid over to the recorder and
treasurer all monies and revenues due from him to the said town for
any purpose, and if he fails to so do, and such failure continues for a
period of ten days, after he would have taken office but for such action,
the office shall be declared vacant and a new appointment had as
provided for herein.

Section 7. Recorder and treasurer.—-First. The recorder and
treasurer of the town shall be elected by the qualified voters thereof
on the second Tuesday in June, nineteen hundred and twenty-six,
and every two years thereafter and shall take office on the first day
of September following his election.

Second. The duties of the recorder and treasurer shall be the
following: To attend all meetings of the town council and such com-
mittee meetings thereof as the council or its committees shall require
to keep the journal of the meetings of the council and correctly tran-
scribe the minutes of each meeting and sign the same after they shall
have been approved; to keep the seal of the town and to attach the
same whenever directed by the council to so do; to have the custody
of all ordinances, orders, by-laws and resolutions of the council; to
receive all monies and revenues collected for the town by the mayor
and sergeant and collector; to deposit such funds to the credit of the
town of Brookneal in such bank or banks as the council shall designate
and in such manner as the council may direct; to make out warrants,
immediately after each meeting of the council, for all debts, expenses,
accounts and salaries ordered to be paid by the council, attest the
same and deliver the said warrants to the said mayor for his approval
and signature (and in his absence or inability to act, to the president
of the council), and when so signed and approved by the mayor or
signed and approved by the president of the council if the mayor 1s
absent or unable to act, to deliver the same to the party to whom
payable, when requested, or in the most convenient way; to make out
tax and license tickets of every kind; to deliver the said tickets to the
chairman of the finance committee of the council which committee
shall check over the same with the assessments and then deliver the
said tax tickets to the sergeant and collector for collection, taking his
receipt therefor upon such form of receipt as the said finance com-
mittee may require; to receive all monies on special assessments for
special purposes and to deposit and hold the same as a special fund
in such bank as the council shall designate; to keep the books, accounts
and papers of the town and to use such system of bookkeeping in
keeping the said accounts and books as the council may require; to
keep the books and records of the said town open for inspection by
any taxpayer thereof, and to perform such other duties as the council
may direct or require.

Third. The recorder and treasurer shall report to each regular
meeting of the council the amount of money on deposit in the bank
to the order of the town; to what funds deposited, and what warrants
are outstanding and unpaid against the same; he shall also report all
collections made by him from the mayor and sergeant and collector
during the preceding calendar month. In event the said mayor and
sergeant and collector shall fail to pay over such money or revenues
as may come into their hand for the town as provided for in this act,
the said recorder and treasurer shall immediately report that fact to
the council.
Fourth. The recorder and treasurer shall not disburse or pay ot
any funds for any purpose whatever unless expressly authorized so t
do by the council by appropriate resolution.

Fifth. On or before the thirty-first day of August of each yea:
the said recorder and treasurer shall make his financial settlemer
with the council for the preceding year which statement shall be <
follows:

(a) Cash on hand at the beginning of the year, and in what ban
deposited.

(b) Cash received during the year and itemized under the gener:
heads so as to show from what source the same was received.

(c) All expenditures actually made during the year showing unck
yeneral heads the purposes for which expended.

(d) Cash balance on hand at the end of the year, showing in wh:
bank deposited.

(e) Accounts approved and allowed by the council, outstandin
and unpaid at the beginning of the year.

(f) Accounts approved and allowed by the council, outstandin
and unpaid at the end of the year.
~ (g) Revenue due and unpaid to the town at the beginning of th
year, showing under general heads from what source accruing.

(h) Revenue assessed or otherwise accruing to the town durin
the year, showing under general heads from what source accruing.
(1) Revenue collected during the year under general heads.

(j) A list of all persons, firms and corporations who have
paid their taxes, assessments, etcetera.

(k) The indebtedness of the town, bonded and otherwise.

(1) The amount of the sinking fund and where deposited.

(m) The amount of interest that has been paid on town bonds.

The council may prescribe additional matters to be included |
such statement or may change the same from time to time if they sha
deem it to be for the best interests of the said town of Brookneal, an
the said recorder and treasurer shall furnish all such facts and info
mation as he may be directed so to do by the said council.

Sixth. The said statement showing the financial condition of th
said town shall be carefully examined by the finance committee of th
said council and immediately after that has been done, shall be pul
lished at least once in a newspaper published in the said town «
Brookneal in order that the taxpayers thereof may know its financi:
condition.

Seventh. The said recorder and treasurer shall be required t
enter into such bond as the council may. require before entering upo
the duties of his office. He and his surety shall be liable for th
wrongful acts of the said recorder and treasurer, as provided by th
general laws of this State for the default in city or county treasurer
and it shall be the duty of the mayor to forthwith proceed against th
said recorder and treasurer in the name of the town of Brookneal fc
any amount he may be in default, upon notice of such default bein
given to him by the council.

Section 8. General provisions.— First. The town council sha
have the right, power and authority, without reference to a vote of the
people, to issue certificates of indebtedness or other obligations of the
town, issued in anticipation of the revenues of the town for the then
current year; provided that such certificates or other obligations shall
mature within one year from the date when issued, and within the
term of office of the council issuing the same, and do not exceed in
amount thirty-three and one-third per centum of the revenue for the
then current year, and such certificates or obligations shall be paid
when due, and that after the same become due, no warrants of the
town shall issue until the said certificates and obligations be paid in
full, except to liquidate the same, or to pay the principal or interest
on the bonded indebtedness of the town.

Second. The town council shall have the power and authority,
without reference to a vote of the people to provide by ordinances for
the issuance of new bonds for the redemption and liquidation of any
lawfully issued bonds, when they fall due, become subject to call or
for any other reason may be retired. The said new bonds shall not
exceed the amount they are issued to pay or retire, may be coupon or
registered bonds, and shall not bear interest at more than six per
centum per annum, and shall not run for more than thirty years from
the date thereof, and shall not be sold for less than par. They may
be in such denominations as the council may direct. The proceeds
therefrom shall not be used for any other purpose than to pay or
retire, refund or otherwise redeem the outstanding bonds which may
then be due, subject to call, or may otherwise be retired. Such bonds
shall be payable in lawful money of the United States, and a sinking
fund shall be created and maintained for the purpose of paying the
interest on the said bonds, and the principal thereof at maturity and
the said sinking fund shall be kept separately from any fund of the
town in a separate account in an approved depository, and shall
under no circumstances, be used for any purpose except to retire the
bonds for which it was created and maintained. If any officer of the
town shall order or otherwise advocate any other use of the said fund,
he shall upon proof thereof, be forthwith removed from office.

Third. All bonds shall be issued upon the order of the council,
under proper ordinance, duly recorded in the journal of the council,
and the said bonds shall be signed by the mayor, and countersigned
by the recorder and treasurer and the corporate seal of the town shall
be afhxed thereto.

Fourth. The council may order the recorder and treasurer to
assess all taxable personal property in the said town at its fair market
value, beginning in the year nineteen hundred and twenty-seven,
provided that no such property shall be assessed at a higher valuation
than the same is assessed for Campbell county or State taxation, nor
shall any of such property be assessed in any manner that will conflict
with the general laws of this State. Commencing in the year nineteen
hundred and thirty, the town council may make provision for the
assessment of all property in the said town, which shall be done during
that year and thereafter in accordance with the provisions of the
Constitution and the general laws of this State for such purposes.
Fifth. The said town council shall have the right to require
bonds to be given by any officers, agents or employees of the town
whenever it shall deem it necessary and proper and in such amounts
as the council shall .prescribe.

Sixth. All ordinances and by-laws now in force in the said town
of Brookneal, not inconsistent with this act, shall be and remain in
force until amended or repealed by the council.

Seventh. All acts and parts of acts inconsistent with this act
are hereby repealed and all acts and parts of acts in any way concern-
ing the town of Brookneal and the rights of the people thereof, or any
of them, not inconsistent with this act, shall be in full force to all
intents and purposes, as if this act had never been passed.

2. Whereas, an emergency exists, this act shall be in force from
Its passage.