Chap. 70.—An ACT to amend an act entitled an act to incorporate the town of
Boone Mill, in the county of Franklin, Virginia, approved April 11, 1927, by
adding a new section thereto to be designated as section 8-a, providing how
persons convicted of violating town ordinances may be punished ; to amend and
re-enact section 9 of the said act, said section being in relation to the rate
of tax the town may levy; and to provide for a referendum on the question
of the adoption of said amendment. [H B 79]

Approved March 2, 1934

1. Be it enacted by the General Assembly of Virginia, That an act
entitled an act to incorporate the town of Boone Mill, in the county
of Franklin, Virginia, approved April eleventh, nineteen hundred and
twenty-seven, be amended by adding a new section thereto, to be
designated as section eight-a, which new section shall read as follows:

Section 8-a. The said council shall also have the power to provide
by ordinance, as follows: that, where a fine is imposed upon any person
for violation of any ordinance of the town, the official trying the case
may, in his discretion, either commit such person to jail until such fine
and the costs following the same shall be paid, but in no case for a
period longer than six months, or require him to work out such fine
and costs on the streets or other improvements of the town at a rate
per day equivalent to the prevailing wages for similar work at that time,
such rate to be determined from time to time by the circuit court of
Franklin county and entered of record in the common law order book
of said court; that, where a jail sentence is imposed upon any person
for violation of any such ordinance, the official trying the case may, in
his discretion, either commit such person to jail for the term so imposed,
or require him to work for the same length of time on the streets or
other public improvements of the town; that, if any person shall refuse
to work on the streets or other public improvements of the town when
required so to do under either of the foregoing provisions, such re-
fusal shall constitute an offense against the ordinance under which such
punishment was imposed, for which offense such additional penalty
may be imposed upon the offender as may be prescribed by said ordi-

nance.
2. Be it further enacted by the General Assembly of Virginia, That

section nine of the said act be amended and re-enacted so as to read as
follows:

Section 9. For the execution of their powers and duties, the town
council shall have the authority to raise annually by taxes, levies and
assessments on real estate and tangible personal property in said town,
such sums of money as they may deem necessary for the purposes of
the town, and in such manner as they may deem expedient in accordance
with the provisions of this act and the general laws of this State and
the United States; provided, however, that the tax rate shall not ex-
ceed one dollar on each one hundred dollars assessed value of such real
estate and tangible property.

Provided, however, this section as here amended shall not become
effective unless and until the same be ratified by a majority of the
qualified voters of the town of Boone Mill, voting on the question at
an election to be held for the purpose. Such election shall be called by
the circuit court of Franklin county, or by the judge thereof in vaca-
tion, on the petition of the council of said town, by an order entered of
record fixing a day for the holding thereof which shall not be less than
thirty days from the date of such order. The election shall be held and
conducted, and the ballots counted, returned and canvassed, by the
regular election officials and in the same manner as in other elections,
except that one of the judges of election shall also act as clerk of said
election. The ballots to be used in said election shall be prepared and
printed under the direction of the council of said town, and the prop-
osition to be voted on shall be set out on the ballots in two separate
lines as follows:

For charter amendment
Against charter amendment

The result of said election shall be certified in the manner prescribed
by law, to the said court, or judge, and an order setting forth such
result and the effect thereof, entered by the said court or judge in the
common law order book of said court. If a majority of the votes cast
on the question shall be in favor thereof, the said amendment shall be
effective on and after the date of entry of said order.

3. An emergency existing, this act shall be in force from its passage.