CHAPTER 548

An Act to provide a new charter for the town of Smithfield, and to repeal
the existing charter and amendments thereto. "
: [S 66]

Approved April 3, 1952

Be it enacted by the General Assembly of Virginia:

1. § 1. The town of Smithfield, in the Commonwealth of Virginia, in the
county of Isle of Wight, shall continue to be a town corporate, in the name
and style of the town of Smithfield, and as such shall have and may exercise
the powers and privileges hereinafter set forth, and all powers and privi-
leges conferred upon it by this charter and which are now, or may be here-
after delegated to towns in accordance with the Constitution and laws of
the Commonwealth of Virginia, as fully and completely as though such
powers were specifically enumerated herein, and no enumeration of particu-
lar powers by this charter shall be held to be exclusive.

§ 2. The corporate limits of the town of Smithfield as heretofore
established, and unless and until changed in the manner prescribed by
law, are hereby reestablished as follows: Beginning at the eastern side
of the double tenement of J. D. Jordan, at the foot of East Church Street,
running thence in a straight line in a southerly direction to the creek
called Little Creek; thence up the channel of that creek to a point opposite
to a ravine on the Lands of John L. Underwood and A. J. Cofer; thence
up the middle of that ravine across the road leading to Isle of Wight
Courthouse to the lot of Emma J. White; thence along the line of her lot
to the rear of her lot and to the rear of the lots of R. W. Johnson, T. I.
Nelms, and others to a point in the field of O. G. Delk, that is opposite
a point two hundred feet from the northwest side of Grace Street; thence
from that point in the field of O. G. Delk in a straight line in a northerly
direction to the said point two hundred feet from the west side of Grace
Street; thence from that point on Grace Street in a straight line in a
northerly direction across the rear lines of the lots of S. A. Eley and
others to the lot of the Smithfield male and female institute; thence
northwardly down that line to a ravine between the lands of N. P. Jordan
and I. O. Thomas; thence down that ravine in a northerly direction along
the dividing lines between the said N. P. Jordan and I. O. Thomas to the
middle of an old dam on their lands; thence in a straight line to the
northwest line of the factory lot of C. F. Day; thence along that line in a
straight line to low water-mark on the east side of Pagan Creek; thence
down and along the line of that creek to a point on the north side of that
creek that is in a straight line with and opposite to the said east side
of the double tenement of the said J. D. Jordan; thence and from that
point across the said creek in a southerly direction to the point of be-
ginning.

§ 3. Powers of the town of Smithfield.—In addition to the powers
and privileges described elsewhere in this charter the town of Smithfield
shall have the powers and privileges set forth in succeeding sections to
the extent that they are not in conflict with the Constitution or the general
laws of this State.

§ 4. The town shall have power to provide for the fiscal year, which
shall begin on the first day of January and end on the thirty-first day of
December, unless and until changed by ordinance.

§ 5. The town shall have power: (a) To incur liabilities or debts,
make contracts, borrow money, and execute or issue evidences of indebted-
ness and have a common seal.
(b) To expend the money of the town for all lawful purposes.

§ 6. The town shall have power: (a) To acquire by purchase, gift,
devise, condemnation or otherwise, property, real or personal, or any
estate therein, within or without the town, for the use and benefit thereof ;
and to hold, improve, sell, lease, mortgage the same or any part thereof,
including any property now owned by the town.

(b) To construct, maintain, regulate or operate public improvements
of all kinds, including municipal and other buildings, grounds and struc-
tures necessary or appropriate for the use and proper operation of all
the various departments of the town.

(c) To lease or authorize the leasing of any property which the
town would have the right and power to lease were it an individual,
subject to the provisions of the Constitution of Virginia.

§ 7. The town shall have power to establish, enter, open, widen,
extend, grade, construct, maintain, light, sprinkle or clean public streets,
highways, alleys, parkways or parks or to alter or close the same; to
regulate the weight of loads to be hauled or carried over or upon the
streets; to regulate the use of all such highways, parks, streets, alleys,
parkways and public places; to prevent the obstruction, destruction or
injury to any of such streets, alleys or highways; to require any railroad
company operating a railroad at the place where any highway or street
is crossed within the limits of the town to erect and maintain at such
crossing any style of gate deemed proper, and keep a man in charge
thereof, or keep a flagman at such crossing during such hours as the
council may require in accordance with the general law of the State and
to regulate the length of time such crossing may be closed due to any
operation of the railroad; to regulate the operation and speed of all cars,
motorcycles, bicycles or vehicles upon said streets or highways as well as
the speed of all engines, cars, or railroad trains within the town; to permit
or prohibit poles or wires for electric, telephone or telegraph purposes to
be erected or gas lines or watermains to be laid in the streets or alleys, and
to prescribe and collect an annual charge for such privileges hereafter
granted; to require the owner or lessee of any electric light, telephone
or telegraph pole or poles or wires now in use or hereafter erected to
change the location or remove the same.

§ 8. The town shall have power to acquire by gift, purchase or by
the exercise of the power of eminent domain within this State, land or any
interest or estate in land, rock quarries, gravel pits, sand pits, water or
water rights and the necessary roadways thereto, either within or without
the town, or acquire and install machinery and equipment and build the
necessary roads or tramways thereto, and operate the same for the purpose
of producing materials required for any and all purposes of the town.

§ 9. The town shall have power: (a) To raise annually, by taxes
and assesments in said town, such sums of money in such manner as the
council thereof shall deem necessary or expedient for the use, benefit and
purposes of said town, in accordance with the Constitution of the United
States, the Constitution of Virginia and the laws of the Commonwealth.
Ordinances relating to taxation, levy or assessment shall remain in effect
from passage to amendment or repeal.

(b) To fix or set, levy and collect taxes and assessments on persons
and property; and to impose special or local assessments for local im-
provements and to enforce payment thereof, subject to such limitations
prescribed by the Constitution and laws of Virginia as may be in force
at the time of the imposition of such special or local assessments.

(c) To impose, fix or set, levy and collect a license tax, fee or assess-
ment for the conduct, maintenance or. operation of privileges, amuse-
ments, business, manufacture, professions, occupations or callings; to
issue a license or permit and collect charges, or fees therefor and to pro-
rate license fees or charges for the unexpired portion of the fiscal year.
Such powers shall not be exercised so as to conflict with § 58-500 of the
Code of Virginia.

§ 10. The town shall have power: (a) To license and regulate the
holding and location of shows, circuses, public exhibitions, carnivals, and
other similar shows or fairs, or prohibit the holding of the same, or any
of them within the limits of the town or within one mile thereof; provided
that the license fee for holding any of the foregoing within one mile of the
town shall only be sufficient to provide regulation and protection.

(b) To require every owner of a motor vehicle to obtain a license to
operate the same by making application to the treasurer of the town and
to require said owner to pay an annual license fee therefor, to be fixed
by the council, but the license fee shall not exceed the amount charged by
the State on said motor vehicle.

(c) To make and enforce ordinances to regulate, control, license
and/or tax the manufacture, bottling, sale, distribution, transportation,
handling, advertising, possession, dispensing, drinking and use of alcohol,
brandy, rum, whiskey, gin, beer, lager beer, ale, porter, stout, and all
liquids, beverages and articles containing alcohol obtained by distillation,
fermentation or otherwise, provided, however, that no such ordinances
shall be in conflict with any of the provisions of the Alcoholic Beverage
Control Act or the general laws of this Commonwealth with respect to
such alcoholic beverages, liquids, and articles.

§ 11. The town shall have power to inspect, test, measure or weigh
any commodity or article offered for use or consumption to persons within
the town; and to establish, regulate, license or inspect weights, meters or
scales employed or used within the town and charge and collect fees
therefor.

§ 12. The council may, in its discretion, appoint a board of health for
the town and invest it with authority for the prompt and efficient perform-
ance of its duties.

§ 13. The town shall have power: (a) To acquire by purchase,
gift, devise, condemnation or otherwise, and to own, operate and maintain
water works and to acquire in any lawful manner, in any county of the
State or from the United States Government such water, lands, property
rights and riparian rights as the council of the town may deem necessary
for the purpose of providing an adequate water supply to the town and
of piping or conducting the same; to lay all necessary mains and service
lines, within or without the corporate limits of the town; to erect and
maintain all necessary dams, pumping stations and other works in con-
nection therewith; to make reasonable rules and regulations for pro-
moting the purity of its water supply, and for protecting the same from
pollution and for this purpose to exercise full police powers and sanitary
patrol over all lands comprised within the limits of the water shed
tributary to any such water supply, wherever such lands may be located
within this State; to impose and enforce adequate penalties for the
violation of any such rules and regulations and to prevent by injunction
any pollution or threatened pollution of such water supply, and any and
all acts likely to impair the purity thereof; and to carry out the powers
herein granted, the town may exercise within the State all powers of
eminent domain provided by the laws of this State.

(b) To acquire, construct, own, operate or maintain electric light or
gas works, either within or without the corporate limits of the town, and
to supply gas or electricity whether the same be generated or purchased
by the town, to the customers or consumers, both within and without the
corporate limits of the town, at such price and upon such terms as may
be prescribed and to that end, it may contract to purchase electricity or
gas a hear the owners thereof upon such terms as it may deem necessary or
expedient.

(c) To establish, impose and enforce the collection of water, light,
gas and sewerage rates, and rates and charges for other services, products,
or conveniences operated or furnished by the town; and the council may
prescribe a different rate to be paid for such services and conveniences
rendered to users or customers without the corporate limits of the town.

§ 14. The town shall have power to grant franchises for public
utilities, subject to the provisions of the Constitution and general laws of
the Commonwealth of Virginia.

§ 15. The town shall have power to charge and collect fees for permits
to use public facilities or for public service or privileges, and to charge
a different rate for any service rendered or convenience furnished to
citizens without the corporate limits from the rates charged for similar
service to citizens within the corporate limits.

§ 16. The town shall have power: (a) To establish, construct, main-
tain and operate sanitary sewers, sewer lines, or cisterns and to require the
abutting property owners to, connect therewith, and to establish, construct,
maintain and operate sewerage disposal plants, and to acquire by condem-
nation or otherwise, within or without the town, all lands, rights of way,
and other rights and easements necessary for the purpose aforesaid, and to
assess, charge and collect reasonable fees, licenses, taxes, assessments or
costs of service for connecting with and using the same and such fees,
licenses, taxes, assessments or costs of service shall be collected by the
town as other taxes and levies are collected.

(b) To collect and dispose of sewerage, offal, ashes, garbage, car-
casses of dead animals and other refuse, and to make reasonable charges
therefor; to acquire and operate reduction or other plants for the utiliza-
tion or destruction of any or all of said materials, to contract, regulate
ries collect for the disposal thereof, and to require or regulate the disposal

ereof.

§ 17. The town shall have power to prevent or extinguish fires, and
to establish, regulate, and control a fire department or division; to regulate
the size, heights, materials and construction of buildings, fences, walls,
retaining walls or other structures hereafter erected, in such manner
as the public safety or conveniences may require; to remove or require
to be removed or reconstructed any building, structure, or addition thereto,
which by reason of dilapidation, defect of structure, or other causes, may
have become dangerous to life or property, or which may be erected con-
trary to law; to establish or designate from time to time fire limits, within
which limits wooden buildings shall not be constructed, removed, added
to, enlarged, or repaired and to direct that any and all future buildings
within such limits shall be constructed of stone, natural or artificial,
concrete, brick, iron or other fireproof material; and may enact stringent
and efficient laws for securing the safety of persons from fires in halls
and buildings used for public assemblies, entertainments or amusements.

§ 18. The town shall have power: (a) To exercise full police powers
and establish and maintain a department or division of police.

(b) To restrain and punish drunkards, vagrants and street beggars;
to prevent or quell riots, disturbances, or disorderly assemblages; to sup-
press houses of ill-fame, or gambling houses; to prevent or punish lewd,
indecent or disorderly exhibitions in the town; to expel therefrom persons
guilty of such conduct who have not resided therein as much as one year.

§ 19. The town shall have power: (a) To prevent any person having
no visible means of support, paupers or persons who may be dangerous
to the peace, health or safety of the town, from coming to the town from
without the same; and also to expel therefrom any such person who has
been in the town less than one year.

(b) To prohibit from and punish minors for frequenting, playing
in, or loitering in any public poolroom, billiard parlor, or tenpin alley,
and to punish any proprietor or agent thereof for permitting same.

§ 20. The town shall have power: (a) To maintain a suit to restrain
by injunction the violation of any ordinance, notwithstanding punishment
may be provided for the violation of such ordinance.

(b) To compel the abatement and removal of any and all nuisances
whatsoever, public or private, within the town, or upon property owned
by the town beyond its limits, at the expense of the person, persons, corpo-
rations or firms causing the same, or of the owner or occupant of the
grounds or premises whereon the same may be, and collect the expense
by suit or motion, or by distress and sale; to require all lands, lots or
other premises within the town to be kept clean, sanitary or free from
stagnant water, weeds, filth, or unsightly deposits or to make them so
at the expense of the owners or occupants thereof, and to collect the
expense as other taxes and levies are collected; to regulate or prevent
slaughter houses or other noisome or offensive business within the town,
the keeping of hogs, or other animals, poultry or other fowl therein, or
the exercise of any dangerous or unwholesome business, trade or employ-
ment thereon; to regulate the transportation of all articles through the
streets of the town; to compel the abatement of smoke and dust, and
prevent unnecessary noise, to regulate the location of stables and the
manner in which they shall be constructed or kept; to regulate the loca-
tion, construction, operation or maintenance of bill boards; to provide
how, when and under what conditions awnings may project over the
streets and sidewalks from buildings, and the manner in which sidewalks
may be used for advertising or display signs or merchandise; to generally
define, prohibit, abate, suppress and prevent all things detrimental to
the health, morals, safety or welfare of the inhabitants of the town; and
to require all owners or occupants of property having sidewalks in front
thereof to keep the same clean and sanitary or free from all weeds, filth
and unsightly deposits, ice or snow.

§ 21. The town shall have power: (a) To prescribe any penalty for
the violation of any town ordinance, rule, or regulation or of any pro-
vision of this charter, not exceeding five hundred dollars or twelve months’
imprisonment in jail or both.

(b) To prohibit and punish mischievous, wanton, or malicious damage
to school and public property and private property.

(c) To provide, by ordinance, that where a fine imposed upon any
person for violation of a town ordinance shall not be promptly paid the
official trying the case may, in his discretion, either commit such person
to jail until such fine and costs following the same shall be paid, but in
no case longer than two 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, in the
town of Smithfield.

§ 22. The town shall have power to provide, permit or prohibit the
establishment of places for the interment of the dead in or near the town
and regulate the same and also those heretofore established and to provide
in or near the town lands to be used as burial places for the dead, pro-
viding land for the same be secured; otherwise, to provide for the same
as near as may be to the town; to improve and care for the same and
the approaches thereto, and to ‘charge for and regulate the use of- the
ground therein; and to provide for the perpetual upkeep and care of
any plot or burial lot therein; the town is authorized to take and receive
sums of money by gift, bequest, or otherwise, to be kept invested and
the income therefrom used in and about the perpetual upkeep and care of
the lot or plot for which the said donation, gift, or bequest shall have
been made.

§ 23. The town shall have power: (a) To do all things whatsoever
necessary or expedient and lawful to be done, for promoting or maintain-
ing the general welfare, comfort, education, morals, peace, government,
health, trade, commerce, or industries of the town or its inhabitants.

(b) To pass and enforce all by-laws, rules, regulations, and ordi-
nances which it may deem necessary for the good order and government
of said town, the management of its property, the conduct of its affairs,
the peace, comfort, convenience, order, morals, health and protection of
its citizens or their property, and to do such other things and pass such
other laws as may be necessary or proper to carry into full effect, all
power, authority, capacity, or jurisdiction, which is or shall be granted
to or vested in the town, or in the council or officers thereof, or which
may be necessarily incident to a municipal corporation.

§ 24. Licenses may be imposed by ordinance and collected from busi-
ness, trades, professions or callings, and upon persons, firms, associations
or corporations engaged therein or offering to do business within the
boundaries of the town, whose principal office is or is not located in the
town, except when in conflict with general law, whether or not a license
may be required therefor by the State, and it may exceed the State license
if any be required.

Licenses may also be imposed upon and collected from persons, firms,
or corporations selling and delivering at the same time at other than a
definite place of business, good, wares or merchandise, to licensed dealers
or retailers in the town.

For every license issued or transferred under this charter, there may
be prescribed by ordinance a charge or fee, not in excess of seventy-five
cents for issuing or fifty cents for transferring the same, such charges
or fees shall be collected and paid into the town treasury

§ 25. A lien shall exist on all real estate within the corporate limits
for taxes, levies or assessments in favor of the town, levied or assessed
thereon from the commencement of the year for which the same was
levied or assessed, and the procedure for collecting the taxes, including
the selling of real estate for town taxes, shall be the same as provided
in the general laws of this State. The council shall have the benefit of
all other and additional remedies for the collection of town taxes which
are now, or may hereafter be granted or permitted under the general
law of the State.

§ 26. Administration and government. — The administration and
government of the town shall be vested in one principal officer, styled the
mayor, and six councilmen and a town treasurer. The mayor, treasurer
and councilmen shall be electors of the town to be chosen as hereinafter
provided, from the residents and electors of the town, and whose qualifi-
cations to hold offices, respectively, shall be the same as required of per-.
sons to vote and hold office under the Constitution and laws of the Com-
monwealth of Virginia. The mayor and councilmen shall constitute the
council of the town. A vacancy in the office of mayor, or treasurer, or
councilman shall be filled from the electors of the town, for the unexpired
term, by a majority vote of the remaining members of the council, pro-
vided, however, that a vacancy in the office of mayor or treasurer may be
filled from their own body by the council.

§ 27. The mayor, treasurer and councilmen in office at the time of
the passage of this act shall continue in office until the first day of Sep-
tember, nineteen hundred and fifty-three, or until their successors are
elected and qualified. An election for mayor, councilmen and treasurer
shall be held on the second Tuesday in June, nineteen hundred and fifty-
three and every second year thereafter and the mayor, councilmen and
treasurer elected under this act shall enter upon the duties of their offices
the first day of September next succeeding their election.

§ 28 (a) All elections for the officers of the town shall be held and
conducted in the manner prescribed by law.

(b) The council of the town shall judge of the election, qualification
and returns of its members and if a person returned be adjudged dis-
qualified or in the event of tie votes, the council, upon the written request
of one of such candidates, receiving the same number of votes as another
candidate for the same office, the council shall order a new election to
fill the vacancy or break the tie, said election to be at the same place, on
such day as the council may prescribe, provided that the written request
of any such candidate shall be filed with the council within ten days after
the election, otherwise the council may declare a vacancy in such office
and fill the same from the electors of the town by a majority vote of the
council.

(c) Notice of candidacy for office shall be given, and the ballots
to be used in any election in the town shall be prepared, printed and
distributed in the manner prescribed by law.

§ 29 (a) Town officers.—The officers of the town, in addition to
the mayor, treasurer and councilmen, shall be a clerk, sergeant and at
the discretion of the council a deputy sergeant, who with the exception
of the sergeant and the deputy sergeant, shall be electors of the town.

(b) The council may, by ordinance, provided for such other officers,
agents and employees as it may deem appropriate, prescribe their duties
and fix their compensation.

(c) The clerk and sergeant shall be elected by the council for a term
of two years, coincident with that of the council. The office of treasurer
and clerk may be filled by the same person.

(d) The council may provide for and require annual audit of any
books pertaining to the receipts and the expenditure of the funds of the
town.
§ 30. The council shall fix the salaries of the mayor, councilmen,
treasurer, clerk, sergeant, deputy sergeant and employees, as it may
deem appropriate at its first meeting in September, which salary shall
be for a period of one year and shall not be increased or decreased during
that period of time, provided, that a salary may be paid one or more
councilmen or a salary in excess of that paid other councilmen may be
paid one or more councilmen, if a majority of the council determine that
additional duties and responsibilities assumed by such councilman or
councilmen, by reason of committee assignment or otherwise, warrant such
salary, and a majority of the council authorize such additional compen-
sation, but in no event shall the annual compensation of any councilman
exceed two hundred dollars nor shall that of the mayor or mayor pro
tem. exceed six hundred dollars.

§ 31. (a) All meetings of the council shall be public unless the
council by a recorded affirmative vote of two-thirds of its members shall
declare that the public welfare demands an executive session of the
council. Any citizen may have access to the minutes.

(b) A majority of the council shall constitute a quorum for the
transaction of business, but no ordinance or resolution shall be passed
or adopted having for its object the levying of taxes or contracting a debt
except by a concurring vote of two-thirds of the members of the council.
(c) The council shall, by ordinance, adopt such rules as it may deem
proper for the regulation of its proceedings and the time of its meetings.

The council may fine a member for disorderly conduct and with the
concurrence of two-thirds vote of the council expel a member in accord-
ance with the Constitution and general laws of the Commonwealth of
Virginia.

§ 32. (a) The mayor shall preside at all meetings of the council.
Council shall elect a president pro tem. who shall preside in the absence
of the mayor or mayor pro tem. The mayor shall have no vote except in
case of tie. The mayor shall have the power of veto of the resolutions,
acts, and ordinances of the council and such resolutions, acts and ordi-
nances, may be passed over such veto by a two-thirds vote of the members
of the council present and voting.

(b) The council may require the attendance of its officers, agents,
appointees or employees at its meetings and may further require that
reports be submitted.

§ 33. The council may appoint a trial justice for the town who shall
serve at the pleasure of the council and until his successor is appointed
by the council and qualifies; the council may designate the trial justice of
Isle of Wight County trial justice for the town. Subject to provisions of
general law, the council shall prescribe the qualifications and salary
appertaining to the office of trial justice, such salary to be paid by the

wn.

The trial justice is hereby vested with all the power, authority and
jurisdiction and charged with all the duties within and for the town of
Smithfield, and in criminal matters for one mile beyond the corporate
limits thereof which are or may hereafter be conferred upon trial justices
by the laws of the State of Virginia, as heretofore or hereafter amended,
so far as the same may be applicable and not in conflict with the provi-
sions of this charter.

The provisions of the general law shall govern procedure before, and
removals and appeals from the trial justice.

Fees and costs shall be assessed and collected as authorized by law,
and all fees and costs collected by the said trial justice and all fines
collected for violations of all laws and ordinances of the town shall be
paid into the town treasury for the use and benefit of the town.

The council may provide for a clerk and a substitute justice for the
trial justice court, and may fix their duties and their salaries or other
compensation, which shall be paid by the town.

§ 34. (a) No action shall be maintained against the town for dam-
ages for injury to any person or property or for wrongful death alleged to
have been sustained by reason of the negligence of the town or any officer,
agent or employee thereof, unless a written statement by the claimant, his
agent or attorney, or the personal representative of any decedent whose
death is the result of the alleged negligence of the town, its officers,
agents or employees, of the nature of the claim and the time and place
at which the injury is alleged to have occurred or to have been received,
shall have been filed with the mayor or any attorney appointed by the
council for the purpose within sixty days after such cause of action shall
have accrued, except where the claimant is an infant or non compos
mentis, or the injured party dies within such sixty days, such statement
may be filed within one hundred and twenty days, and no officer, agents,
or employees of the town shall have authority to waive such conditions
precedent or any of them.

(b) In any action against the town to recover damages against it
for any negligence in the construction or maintenance of its streets, alleys,
lanes, parks, public places, sewers, disposal plants or water mains, where
any corporation or person is liable with the town for such negligence,
every such person or corporation shall be joined as defendant with the
town in any action brought to recover damages for such negligence, and
where the judgment or verdict is against the town as well as the other
defendant or defendants, it shall be ascertained by the court or Jury
which of the defendants is primarily liable for the damages assessed.

(c) If it be ascertained by the judgment of the court that some
person or corporation other than the town is primarily liable, there shall
be a stay of execution against the town until execution against such person
or corporation shall have been returned without realizing the full amount
of the judgment. ;

(d) If the town, where not primarily liable, shall pay the said judg-
ment, in whole or in part, the plaintiff shall, to the extent that said judg-
ment is paid by the town, assign the said judgment to the town without
recourse on the plaintiff, and the town shall be entitled to have execution
issued for its benefit against the other defendant or defendants who have
been ascertained to be primarily liable, or may institute any suit in
equity to enforce said judgment, or an action at law, or scire facias to
revive or enforce said Judgment.

(e) No order shall be made and no injunction shall be awarded by
any court or judge, to stay the proceedings of the town in the prosecution
of its works, unless it be manifest that it, its officers, agents or employees
are transcending the authority given it or them by this act, and that the
interposition of the court is necessary to prevent injury that cannot be
adequately compensated in damages.

§ 35. In addition to the taxes, assessments and levies hereinbefore
provided, the council of the town may annually levy a capitation tax of
one dollar per capita per annum upon all citizens of the town, who have
attained the age of twenty-one years, except such persons as may be
exempt by law.

§ 36. (a) Requisites for voting in town elections shall be those
prescribed by general law for voting in the towns in the Commonwealth.

(b) Registrars for the town of Smithfield shall be appointed in the
manner, and shall perform the duties prescribed by general law.

§ 37. The mayor shall be the chief executive officer of the town; he
shall have and exercise all power and authority conferred by general
law on the mayors of towns not inconsistent with this charter; he shall
perform such other duties consistent with his office as may be imposed by
the council; 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 also have the power to suspend such
officers and the members of the police and fire departments and other
employees, for misconduct in office or neglect of duty, until the next
regular meeting or special meeting of the council, when such suspended
officer or employee may present testimony in his defense to the council
and the decision of the council shall be final; in the event of the inability
of the mayor to discharge his duties, except as presiding officer of the
council, his place may in the discretion of the council be filled and his
duties discharged, until such disability shall cease, by a member of the
council, who shall be elected by a majority of the council and who shall
be designated mayor pro tem; he shall be the official head of the town.
In times of public danger or emergencies, he may take command of the
police and maintain order and enforce laws, and for this purpose, may
deputize such assistant policemen as may be necessary. The mayor or
person acting as mayor, shall authenticate by his signature, such docu-
ments or instruments as the council, this charter, or the laws of the State,
shall require.

§ 38. The treasurer shall receive all money belonging to and re-
ceived by the town and keep a correct account of all receipts from all
sources, and expenditures of all departments. He shall collect all taxes,
levies, licenses, assessments, fees, water rents and other charges belonging
to and payable to the town and for that purpose he is hereby vested with
any and all powers which are now or may be hereafter vested in county
and State treasurers, for the collection of county, city and State taxes
under the general law; he shall keep and disburse all monies or funds in
such manner and in such places as may be determined by ordinance or
the provisions of law applicable thereto. He shall pay no money out of
the treasury except in the manner prescribed by ordinance or the general
law; he shall perform such duties as are usually incident to the office of
commissioner of revenue in relation to the assessment of property for
town taxation and the town license taxes and shall have power to ad-
minister oaths in the performance of such duties; and shall make such
reports and perform such other duties not inconsistent with the office as
may be required by the mayor or by resolution and ordinance of the
council. The treasurer shall not be entitled to any commission for handling
the funds of the town but shall be paid such salary as may be provided
by the council, and before entering upon the duties of his office shall
execute a bond in such amount and with such security as the council by
ordinance may prescribe. The council may, in its discretion, and if it
deems it necessary or convenient, appoint some person or persons from
the electors of the town to assist the town treasurer in the collection of
all taxes and assessments, water rents and other charges, belonging to
and payable to the town, which person may be the sergeant, deputy
sergeant, or superintendent of water works, but before entering upon the
discharge of such duties, such person shall execute a bond in such amount
and with such security as the council, by ordinance, may prescribe.

§ 39. The council may provide that the premium on any surety
bond shall be paid by the town.

§ 40. The town clerk shall be the clerk of the council, shall attend all
meetings thereof and shall keep a record of its proceedings. He shall
keep all papers, documents and records pertaining to the town, the custody
of which is not otherwise provided for. He shall be custodian of the town
seal and shall attest the same, and shall perform such other duties as are
required by general law or by the council by ordinance or resolution.

§ 41. There shall be appointed by the council at its first regular
meeting in September or as soon as practicable thereafter, a town sergeant,
who shall also be chief of police; and shall hold office at the pleasure of
the council. His duties shall be such as the council prescribes. He shall
be vested with the powers of a conservator of the peace. His compensation
shall be fixed by the council.

§ 42. For the purpose of representation on the county school board,
the town of Smithfield shall constitute a separate school district. One
member of the county school board shall be elected annually on Sep-
tember first by the town council for a term of one year or until his suc-
cessor is elected and qualified. The present town school board member
shall continue in office until September one, nineteen hundred fifty-two,
or until his successor is elected and qualified.

§ 43. All fees, costs or charges for making arrests or trying cases
involving violations of town ordinances shall be assessed and forthwith
paid into the town treasury.

§ 44. All the rights, privileges and property of the town heretofore
acquired, now owned or enjoyed, shall continue undiminished and remain
vested in the town; and all the laws of the Commonwealth of Virginia,
ordinances, and resolutions of the council now in force and not incon-
sistent with this act shall continue in full force and effect until amended or
repealed.

§ 45. The enumeration of particular powers and authority in this

charter shall not be deemed nor held to be exclusive but in addition to
the powers herein enumerated, implied hereby or appropriate to the
exercise thereof, the town shall have and may exercise all other powers
which are now or may be hereafter conferred upon or enjoyed by towns
under the Constitution and general laws of this State.
2. Chapter three hundred ninety-six of the Acts of Assembly of eighteen
hundred ninety-nine and nineteen hundred, approved February seventeen,
nineteen hundred, which provided a new charter for the town of Smith-
field and all acts amendatory thereof or of any part thereof are hereby
repealed; and all other acts or parts of acts in conflict with the provisions
of this act are hereby repealed to the extent of the conflict.

3. If any provision of this act, or the application thereof to any person
or circumstance, is held invalid, by a court of competent jurisdiction,
the remainder of this act and the application of such provision to other
persons or circumstances shall not be affected thereby.

4. All contracts and obligations heretofore or hereafter made by the
present council and government of the town of Smithfield while in office,
not inconsistent with this charter or the Constitution and general laws
of this State, shall be, and are hereby declared to be valid and legal.