Chap. 285.—An ACT to amend and reenact Section 2708 of the Code of Virginia,
as amended by the Acts of the General Assembly of 1936, Chapter 232,
prohibiting city and town officers from being interested in contracts with their
city or town. {H 382]

Approved March 16, 1948

Be it enacted by the General Assembly of Virginia:

That section twenty-seven hundred eight of the Code of Vir-
ginia, as amended by the Acts of the General Assembly of nineteen
hundred thirty-six, Chapter two hundred thirty-two, prohibiting
city and town officers from being interested in contracts with their
city or town, be amended and reenacted to read as follows:

Section 2708. It shall not be lawful for any member of the
council, board of aldermen or member of the school board, or
any other officer, or agent, or any commissioner appointed for
the opening of streets, or any other member of a committee con-
stituted or appointed for the management, regulation or control of
corporate property of any city or town, or constable, police, com-
missioner of the revenue, treasurer, attorney for the Common-
wealth, clerk of the court, civil or police justice, sheriff, sergeant,
superintendent of the poor or any other paid officer of any city
or town, during the term for which they are elected or appointed,
to be a contractor or sub-contractor, with the said corporation, or
its agents, or with such committee, nor shall they be interested,
directly or indirectly, in any contract, sub-contract, or job of work,
or materials, or the profits or contract price thereof, or any services
to be performed for the city, or town, for pay under any contract or
sub-contract; and no such councilman, officer or employee shall be
interested, directly or indirectly in any contract, sub-contract, or
job of work, or materials or the profits or the contract price thereof,
or services to be furnished or performed for the city or town for
pay under any contract or sub-contract; nor as agent for such
contractor or sub-contractor, or other person furnishing any sup-
plies or materials. Every such contract or sub-contract shall be
void, and the officer, councilman, agent, or member of such com-
mittee making such contract shall forfeit to the Commonwealth the
full amount stipulated for thereby. No officer of a city or town, who
alone or with others is charged with the duty of auditing, settling
or providing, by levy or otherwise, for the payment of claims
against such city or town, shall, by contract, directly or indirectly,
become the owner of or interested in any claim against such city
or town. Every such contract or sub-contract shall be void, and
if any such claim be paid, the amount paid, with interest, may
be recovered back by the city or town, within two years after
payment, by action or motion in the circuit or corporation court
having jurisdiction over said city or town.

The term “contract” as herein used, shall not be held to include
the depositing of city or town funds in, or the borrowing of funds
from, local banks in which councilmen or other officer of the city
or town may have a stock interest; nor shall it include the granting
of franchises to or purchase of services from public service cor-
porations. Provided, however, this section shall not apply to at-
torneys for the Commonwealth employed by the governing bodies
of cities under the provisions of sections two hundred fifty-one
and four hundred three of the Tax Code or section twenty-five
hundred three of the Code of Virginia to collect taxes which are a
lien on real estate.