CHAPTER 133

An Act to amend and reenact §§ 3, 7, 9 and 30 of Chapter 130 of the Acts
of Assembly of 1884, approved February 19, 1884, amended and re-
enacted by Chapter 52 of the Acts of Assembly of 1888, approved
January 30, 1888, which chapter provided a charter for the town of
South Boston, so as to provide for the election of a mayor and counctl-
men and for the filling of vacancies; to provide for the removal or
suspension of town officers; to define the powers of the mayor and
provide for the appointment of a vice-mayor, a police justice and
substitute police justice and defining their powers; to provide for the
collection of a tax upon admissions to theatres and amusements, and a
tax upon accounts for public utility services; and to amend the said
chapter by adding thereto one section numbered 82, to provide for the
election of a town manager and to prescribe the duties of said mana-

ger.
[S 42]
Approved March 4, 1954

Be it enacted by the General Assembly of Virginia:

1. That §§ 3, 7, 9 and 30 of Chapter one hundred thirty of the Acts of
Assembly of eighteen hundred eighty-four, approved February nineteen,
eighteen hundred eighty-four, amended and reenacted by Chapter fifty-two
of the Acts of Assembly of eighteen hundred eighty-eight, approved Janu-
ary thirty, eighteen hundred eighty-eight, be amended and reenacted, and
that the chapter be amended by adding thereto one section, numbered
thirty-two, as follows:
§ 3. There shall be elected on the second Tuesday in June, nineteen
hundred * fifty-five, and every * four years thereafter, one elector of the
* town who shall be denominated the mayor. * There shall also be elected
on the second Tuesday in June, nineteen hundred fifty-five, six * electors
who shall be denominated * councilmen of * the town. The mayor and
the six councilmen shall constitute the council of * the town. Three mem-
bers of the council and the mayor shall constitute a quorum and at a meet-
ing so constituted the mayor shall have the right to vote and at any other
meeting of the council he shall have the right to vote in the event of a tre.
Four members of the council shall constitute a quorum without the pres-
ence of the mayor.

At the election in June, nineteen hundred fifty-five, the candidates for
council receiving the highest, the second highest and the third highest
number of votes shall serve for a period of four years and the candidates
receiving the fourth highest, fifth highest and sixth highest number of
votes shall serve for two years. This provision relating to the term of
office shall apply to the election to be held in June, ninteen hundred fifty-
jive, only, and thereafter, in biennial elections, successful candidates for
reelection or their successors shall serve for a term of four years trre-
spective of the number of votes they may receive. But in any event the
three candidates receiving the highest, the second highest and the third
highest number of votes shall be declared elected to the council.

The terms of office shall commence on September first following the
election.

The mayor and the council shall serve until their successors are
elected and qualify.

Vacancies in the council shall be filled within thirty days after such
vacancy or vacancies occur for the unexpired term by a majority vote of
the remaining members, provided that if the term of office to be filled
does not expire for two years or more after the next regular election for
councilmen following such vacancy, and such vacancy occurs in time to
permit it, then the council shall fill such vacancy only for the period re-
maining until such election and a qualified person shall then be elected by
the qualified voters and shall from and after the date of his election and
qualification succeed such appointee and serve the unexpired term.

The number of candidates equal to the number of vacancies to be filled
for full terms receiving the highest, second highest and third highest
number of votes shall be entitled to such full terms, and the candidate
receiving the fourth highest number of votes shall be entitled to the unex-
pired term caused by such vacancy.

§ 7. The mayor shall have the power to suspend and the council to
remove * any town * officer appointed by the council for misconduct in
office or neglect of duty to be specified in the order of suspension or re-
moval, but no such removal shall be made without reasonable notice’ to the
cae complained of and an opportunity afforded him to be heard in his

efense.

§ 9. The mayor shall * preside over the meetings of the council and
shall have the right to speak therein as other members. He shall be a
conservator of the peace within the town and within one mile of its corpo-
rate limits, and shall have jurisdiction to issue process for and try cases
for the violation of the town ordinances and impose such punishment and
fines as may be prescribed for violation of the same. subject to an appeal
to the Circuit Court of * Halifax * County, in all cases.

The council shall elect from the members of the council a vice-mayor,
and the vice-mayor shall in the absence or disability of the mayor perform
all of the duties of that office.

The council shall have power to elect a legally qualified person to be
known as the police justice of the town of South Boston, who shall have
the same powers as the mayor to issue process, hear and determine prose-
cutions and controversies which may arise under the by-laws and ordi-
nances of the town, impose fines and inflict punishment when and wherever
they are authorized by the said by-laws and ordinances; and to issue
executions for the collection of fines. Appeals may be taken from the
decision of the police justice to the Circuit Court of the county of Halifax.

Such police justice shall qualify in the same manner as the mayor
and shall hold office until and including * December thirty-first, nineteen
hundred * and fifty-four. The term of office shall thereafter be two years,
beginning * January first nineteen hundred * fifty-five. The term of any
incumbent of said office of police justice shall be in accordance with this
amendment. Such police justice shall be paid a salary by the town to be
fixed by the council. The police justice shall be subject to removal for
cause by the council.

The council shall also have power to elect a legally qualified person
to be known as substitute police justice of the town of South Boston, who
shall have authority to exercise all the powers of the police justice in the
event of the absence or disqualification of the police justice. Such substs-
tute police justice shall serve during the pleasure of the council and shall
be paid such compensation as shall be fixed by the council.

The police justice shall have original jurisdiction in criminal matters
involving any violation of any ordinance of the town of South Boston,
Virginia, which violation occurs within the corporate limits of the said
town.

Should a warrant be issued charging a violation of a town ordinance
and it should develop prior to trial or at any time during trial prior to the
imposition of sentence that the alleged offense involves a felony, then, in
lieu of final disposition by the police justice, the case may be certified by
the police justice to the trial justice of Halifax County, Virginia, to be
there dealt with as provided by law, and it may be there dealt with on the
original warrant the same as though said warrant had charged the
violation of a State law and had been issued by a person authorized to
issue State warrants. The police justice shall have power to issue sub-
poenas for witnesses, take recognizances and bail bonds, and in the per-
formance of such duties to administer oaths.

Nothing herein contained shall impair the authority of the mayor to
exercise the same powers as the police court justice in any case in which
the mayor shall act.

§ 30. The council shall have power to require the payment of a tax
to the town of not exceeding two cents upon every ticket or paid admission
to moving picture theatres or other theatres and to any place of amuse-
ment, show, carnival, fair, baseball game or other sport, and the council
shall have power to provide for the collection of such tax through the
management or other person in charge of any place subject to the terms
of this section. The council may exempt from such tax any show, game
or performance conducted for religious, educational or charitable purposes.

The council shall have power to require the payment to the town
of a tax not exceeding five per centum of the gross amount of any bill,
statement or account made up for the collection for services rendered
in furnishing electric light or power * or for services rendered by any
public utility company within the corporate limits of the town of South
Boston, and may require that such tax be added to the statement rendered
for such service and that it be paid to the town upon collection thereof
at regular intervals to be prescribed by the council.

§ 82. The council of the town shall appoint a person to be known as
the town manager, who may or may not be a resident or qualified voter
of the town or the State. The manager, under the control of the council,
shall have general charge and management of the administrative affairs
and work of such town, and shall perform such other duties as may be
required of him by the council. He shall receive such salary as shall be
determined by the council. Such manager shall hold office at the pleasure
of the council.

2. Anemergency exists and this act is in force from its passage.