CHAPTER 315
Approved March 10, 1956

An Act to provide a new charter for the town of Farmville, in the county
of Prince Edward, and to repeal all former charters and all amend-
ments thereto.

[H 351]

Approved March 10, 1956

Be it enacted by the General Assembly of Virginia:

§ 1. The inhabitants of the territory comprised within the present
corporate limits of the town of Farmville, Virginia, as the same now are
or may hereafter be established by law, are hereby declared to be a body
politic and corporate under the name of town of Farmville, and as such
shall have perpetual succession, may sue and be sued, contract and be
contracted with, and may have a corporate seal which it may alter, renew,
or amend at its pleasure.

The boundaries of the town of Farmville shall contain 846
acres more or less, and shall coincide and be coextensive with the boun-
daries of the town of Farmville as they exist at this time and which are
shown on a plat thereof made by R. C. Dodl, C. E., dated November 24,
1958, and recorded in current Plat Book 1 on page 66 thereof in the
Clerk’s Office of the Circuit Court of Prince Edward County, Virginia,
and which said plat is referred to and directed to be recorded as a part
of an annexation order entered in the Circuit Court of Prince Edward
County, Virginia, on December 31, 1954, and recorded in Law Order Book
11 beginning at page 442, in the therein mentioned condemnation pro-
ceedings under the style of town of Farmville, Virginia, a Municipal Cor-
poration, Petitioner, v. Prince Edward County, Virginia, et als, Defend-
ants, and to which said plat and law order reference is hereby expressly
made for a metes and bounds description of the boundaries of the town
of Farmville, Virginia, the same as if such were copied herein verbatim,
CH. 315] ACTS OF ASSEMBLY 369

and in which said annexation proceedings such boundaries were thereby
and therein determined and set out. :

§ 8. The administration and government of the town is vested in
the council composed of the mayor, and seven councilmen, all of whom
shall be electors of the town. The Council and the mayor shall be elected
in the manner provided by law as follows: .

The terms of the three members of the council who were elected in
June, nineteen hundred fifty-two, shall expire on June thirty, nineteen
hundred fifty-six. At the regular municipal election to be held on the
second Tuesday in June, nineteen hundred fifty-six, and every four years
thereafter three councilmen shall be elected for a term of four years each.
The term of the present mayor and the four members of the council who
were elected at the regular municipal election in June, nineteen hundred
fifty-four shall expire on June thirty, nineteen hundred fifty-eight. At the
regular municipal election to be held on the second Tuesday in June,
nineteen hundred fifty-eight, and every four years thereafter the mayor
and four councilmen shall be elected for a term of four years each. Terms
of office shall begin on the first day of July next following their election.
Each councilman and the mayor elected as hereinabove provided shall
serve for the term stated or until his successor has been elected and
qualified.

The councilmen shall be elected at large; provided, however, that the
council may, after advertising in a newspaper published in said town for
at least once a week for four consecutive weeks and by posting handbills
in five or more conspicuous public places, giving notice to the public of
its intention to consider the division of the town into wards, and after
holding a public hearing pursuant to such notice, by resolution entered
of record in its council Minute Book, divide the town into wards and
direct that thereafter all future elections for membership on the town
council shall be held in keeping with such resolution until the further
direction of the council changing such method be entered of record in its
Minute Book after a like notice and like public hearing. In the event that
a division of the town may be entered of record as hereinbefore provided,
future members of the town council may be elected partly at large and
partly from wards, the ultimate method, division and determination
thereof to be decided by resolution of the council adopted as aforesaid.
Any vacancy in the office of any councilman elected from a ward must be
filled by a qualified voter actually residing in the ward in which the
vacancy shall have occurred.

§ 4. All the corporate powers of the town shall be exercised by the
council or under its authority except where otherwise specifically provided.

§ 5. The election of the mayor and councilmen and the registration
of electors of said town shall be held and conducted in the manner pro-
vided by the laws of Virginia then existing.

§ 6. The mayor and councilmen shall each, before entering upon the
duties of their respective offices, take the oath prescribed by § 49-1 of
the Code; but if any or either of them shall fail so to do for thirty days
after the commencement of the term for which he or they are elected,
his or their office shall be deemed vacant. They shall, as soon after July
one, nineteen hundred fifty-six, as may be convenient, and each succeed-
ing council shall at the beginning of the term of office of its members,
or as soon thereafter as may be convenient, elect a town manager, town
treasurer, town attorney and town sergeant, who shall hold office for a
period of one year commencing July one of each year and until their
successors are elected and have qualified, and all of whom shall perform
such duties, if any, hereinafter particularly set out and such other duties
as may be prescribed from time to time by the council.
§ 7. Whenever, from any cause, a vacancy shall occur in the office
of the mayor or councilmen, the same shall be filled by the council at its
next regular meeting from the qualified electors of said town and an
entry of such election shall be made of record; provided, however, that
should councilmen at any future time be elected from wards rather than
from the town at large, then such vacancy shall be filled from the ward
from which such vacancy occurs.

§ 8. The mayor and four councilmen, or in the absence of the
bucine, five councilmen, shall constitute a quorum for the transaction of

usiness.

§ 9. At each meeting of the council the proceedings of the last
meeting shall be read to the council and shall thereupon be corrected if
erroneous and signed by the person presiding. Upon the call of any
puemiber the ayes and noes on any question shall be recorded in the
journal.

§ 10. The council of said town shall have power to lay off, open,
curb and pave streets, alleys, walks, and gutters for the public use in the
said town, and improve and light the same and have them kept in good
condition free from obstructions of any kind: it shall regulate the width of
sidewalks on the streets; and vacate and discontinue streets; to lay off
public grounds, and provide and contract for, and take care of all build-
ings necessary for the use of said town, to establish and regulate markets
of said town, and prevent injury or annoyance of the public or individual
from anything dangerous, offensive, or unwholesome; to protect places of
divine worship; to abate or cause to be ahated anything which in its
opinion, by the recorded vote of the majority of the whole council, shall
constitute a nuisance; to regulate the keeping of gunpowder and other
combustibles; to provide in and near the town places for the burial of the
dead, and regulate interments therein; to regulate building of houses or
other structures, and the making of division fences, and for the drainage
of lots by proper means; to make regulations for preventing danger or
damage from fire; to provide for the poor of the town, and to appoint
and publish the places for holding the town elections; to provide a revenue
for the town and to appropriate the same to its expenses; to provide for
and assess annual assessments of all taxable personal and real property
in the town according to law; to establish rules for the transaction of
its business, and for the government and regulation of its body; to pro-
vide for the appointment and the continuance of all committees threof,
together with the powers of authority of same; to promote the general
welfare of the town, and to protect the property of persons therein; to
preserve peace and good order thereof; to provide for a town guard; to
appoint and order out a patrol for the town in like manner, and for like
purposes within the same, as may be done by circuit courts, according to
law; to require and take from all town officers bonds with such securities,
and in such penalty, as it may deem necessary; for such officer to execute
such bonds, such bonds to be made payable to the town in its corporate
name and conditioned for the faithful discharge of the duties of the respec-
tive officers; all such bonds shall be held in custody of the mayor; to pro-
vide for the erection, control, regulation, or prohibition of gas works, elec-
tric light works, water works, sewerage, and other public utilities author-
ized by law; and to regulate, control, and manage same; to prohibit the
pollution of water used in said town; and to regulate transportation and
parking upon the streets of said town, and off street parking facilities
under control of the town, and the town shall have and may exercise all
powers which are now or may hereafter be conferred upon or delegated
to towns under the Constitution and the laws of the Commonwealth and
all other powers pertinent to the conduct of a town government, the ex-
ercise of which is not expressly prohibited by said Constitution and laws
CH. 315] ACTS OF ASSEMBLY 371

and which in the opinion of the Council are necessary or desirable to
promote the general welfare of the town and the safety, health, peace,
good order, comfort, convenience, and morals of its inhabitants as fully
and completely as though such powers were specifically enumerated in
this charter, and no enumeration of particular powers in this charter
shall be held to be exclusive but shall be held to be in addition to this
general grant of powers.

_. § 11. The town shall have the power and authority to make and
improve walkways upon existing and future streets and to improve and
pave existing and future alleys, and for either the construction, or for the
use of sewers, the council shall have the power to impose a tax or assess-
ment upon the owners of the land abutting such improvements, or abutting
the street along, or within which such improvements are constructed. But
such assessment shall be not in excess of the peculiar benefits resulting to
the property from such improvements. The method of establishing such
assessment, including provisions for determination of the amount thereof,
notice, hearing, judicial review, and creation and enforcement of the lien
thereof, may be determined by ordinance.

§ 12. The council of the town shall have the power to acquire by
purchase, gift, devise, condemnation, or otherwise any real estate or
interest therein, within or without the town, and such personal property
as may be necessary for public recreation, parks, playgrounds, streets,
boulevards, lands to be used for the burial of the dead, or for other
public uses and to maintain, control, and dispose of the same in such
manner to be determined by the council; provided that two-thirds of the
members elected to the said council shall have authorized the acquisition of
any such public property acquired; provided, further, that no property of
a railroad or other public service corporation shall be condemned without
complying with the provisions of § 25-233 of the Code of Virginia.

§ 13. In addition to the powers granted by other sections of this
charter, the town shall have power to raise annually by taxes and assess-
ments in the town such sums of money as the council shall deem necessary
to pay the debts and defray the expenses of the town, in such manner as
the council shall deem expedient, subject to the general law of the Com-
monwealth. In addition to, but not as a limitation upon, this general grant
of power, the town shall have power, subject to the general law of the
Commonwealth, to levy and collect ad valorem taxes on real estate and
tangible personal property and machinery and tools; to levy and collect
taxes for admission to or other charge for any public amusement,
entertainment, performance, exhibition, sport, or athletic event in the
town, which may be added to and collected with the price of such
admission or other charge; to levy on and collect taxes from purchasers
of any public utility service, which taxes may be added to and collected
with the bills rendered purchasers of such service; to establish, impose,
and enforce water and sewerage rates and rates and charges for garbage
and refuse collection and disposal, parking lots or other services, products,
or conveniences, operated, rendered, or furnished by the town; to require
licenses, prohibit the conduct of any business or profession without such
a license, require taxes to be paid on such licenses in respect of all busi-
nesses and professions which cannot, in the opinion of the council, be
reached by the ad valorem system.

To make appropriations, subject to the limitation imposed by this
charter, for the support of the town government and any other purposes
musierized by this charter and not prohibited by the laws of the Common-
wealth.

§ 14. The council shall cause to be kept a record of all its proceed-
ings, by-laws, acts and orders, which shall be properly indexed and open
to the inspection of anyone who is entitled to vote for members of the
council, in a book called the “Minute Book”. It shall also cause to be kept

a separate book in which shall be recorded the charter or general ordi-

nances, by-laws and such contracts of the town, of a permanent nature,

as ae be by it so directed to be recorded in a book called ‘Ordinance
ook”,

§ 15. The council shall cause to be made annually and entered upon
its journal and accurate estimate of all sums of money which shall or may
become lawfully charged to said town and which ought to be paid within
one year and it shall order an annual levy for so much of said money as
in its discretion shall be sufficient to meet said demands and in making
said levy the council is authorized to include in such levy a charge for
building and operating its sewer system and for the operation only of its
water and light systems or such of them as the town may own.

§ 16. The levy so made may be laid on all persons who are residents
of said town and over 21 years of age; upon dogs and all personal property
and real estate within said town, except such personal property and real
estate, as may be exempt from taxation under the laws of this State and
also upon all other subjects within said town as may at the time be assessed
with state taxes and upon such other subjects the taxation, subject to the
general law of the Commonwealth.

§ 17. The town council shall have power, when not prohibited by
general law, to require a license to be taken out by any person, or corpora-
tion, engaged in the pursuit of any business, trade, occupation, or calling,
or for any other purpose, whether the principal office, or place of business
of such person or corporation is located in said town, or not, for the
benefit of said town, before such person, persons or corporation, shall be
permitted to pursue such business, trade, occupation, or calling, within
the corporate limits of said town. Said council may also require a license
of any agent of any fertilizer company, owners or keepers of motor
vehicles, wagons, drays, carts, hacks, or other wheeled carriages, kept or
employed in said town for hire, or as carriers for the purpose, whether
the same be run by animals, or by gasoline, oil, electricity, or other power,
and may subject the same to such regulations as they may deem proper.

§ 18. The revenue from all sources shall be collected, paid over, and
accounted for by the treasurer at such times as the council shall order.

§ 19. The council shall require the treasurer of the said corporation
to make out a monthly report of the receipts and expenditures of said
town for the preceding month, which report shall state on what account
the expenditures were made, and from what source or sources the receipts
were derived; which report the council] may cause to be publishd in one
or more newspapers of the town.

§ The council of said town shall have power to remove all town
officers, whether they be elected or appointed, for misconduct in office, or
neglect of duties, but any such removal shall not be made without reason-
able notice to the officer complained of, and an opportunity afforded him
to be heard in his defense. Any such removal shall be by majority vote
of all members elected to the council.

The council, if it deems proper, may elect an officer to be
known as town manager, whose duties shall be to exercise general super-
vision over the electric light and power plant, water works, sewer, streets,
ground, buildings, cemeteries, and other property belonging to the town
and do such other things as the council may direct or the necessities of the
town require, whether said duties may be specifically mentioned herein
or not.

He shall be supplied with blank books and stationery by the town, but
all such articles shall be turned over by him, together with all maps, plans,
estimates and papers pertaining to his office, to his successor, who shall
in like manner hold the same as the property of the town.
CH. 315] ACTS OF ASSEMBLY 373

He shall keep a book in which he shall enter all surveys of any of
the streets, the grades of the same when established, and the grades,
extent, depth and capacity of all public sewers.

He shall make or cause to be made and preserve in his office, as the
property of the town, a map showing the location and dimensions of all
culverts and sewers, water mains constructed or used in the town, and
shall place upon said map each new sewer and culvert as made.

§ 22. The council may designate from time to time any bank or
banking institution as a depository for all money belonging to the town
and may require of such bank or banks bond with surety approved in
such penalty as it may deem proper.

_ § 23. The council may appoint one or more persons as bail commis-
sioners who shall have power and jurisdiction to admit to bail persons
charged with violations of the ordinances of the town. The term of office
of said commissioners shall be at the pleasure of the council. The commis-
sioners may charge and receive from the person for whom services are
rendered the same fee for admitting to bail and other services as is
allowed by law to justices of the peace, provided, however, that no com-
missioner who is working for the town on a full time salaried basis shall
receive any fee for admitting any person to bail or for any services what-
soever rendered by him in connection with any criminal case. The town
of Farmville, shall, in no case, be liable for any bail fee.

§ 24. For the promotion of health, safety, morals, comfort, property
and general welfare, the town is empowered to provide by ordinance for
the adoption of a master plan dividing the area of the town into one or
more districts, establish set back building lines, regulate and restrict the
location, construction, reconstruction, alteration and repair or use of
buildings and other structures and their height, area, and bulk and per-
centage of lot to be occupied by buildings or other structures and the trade,
industry and other specific uses of the premises in such districts and adopt
building, plumbing, electrical, and other codes to carry these purposes
into effect.

§ 25. The Circuit Court of Prince Edward County may appoint one
or more persons as justices of the peace for the town, who shall have
power to issue warrants, commit persons to jail and to admit to bail
persons charged with violation of the ordinances of the town. The term of
the office of the justices of the peace shall be at the pleasure of the Circuit
Court of Prince Edward County. No justice of the peace who receives a
salary from the town, as a justice of the peace, shall receive any fee for
admitting any person to bail or for any services whatever rendered by
him in connection with any criminal cases. The council of the town of
Farmville shall have the authority to fix the compensation of justices of
the peace appointed hereunder. The town council may, from time to time,
by resolution duly adopted, appoint any one of its members vice mayor
to act in the place and stead of the mayor in the trial and disposition of
any warrant issued in violation of a town ordinance, in the event of the
mayor’s absence, sickness or disqualification.

§ 26. The council may, in the name and for the use of the town,
incur indebtedness by issuing its negotiable bonds or notes for the. pur-
poses, in the manner, and to the extent provided for in §§ 27 to 29 of this
charter.

§ 27. Bonds and notes in anticipation of bonds when the issuance
of bonds has been authorized as hereinafter provided may be issued for
any purpose for which cities and towns are authorized to issue bonds by
the Constitution or general laws of this State. All bonds shall be in serial
form payable as consecutively numbered in annual installments, the first
of which shall be payable not more than two years after the date of issue
of such bonds. No bond shall be issued whose maturity date shall be more
374 ACTS OF ASSEMBLY [va., 1956

than 85 years after date of issuance thereof and shall bear no greater
rate of interest than 6 per cent per annum and interest thereon shall be
made payable as the council may decide. At least two-thirds of the mem-
bers of the council of said town shall authorize all loans and the issuance
of all bonds by ordinance and the issuance thereof shall be sanctioned by
a vote of three-fifths of all of the qualified electors of said town voting
at an election duly held in the manner prescribed in the Code of Virginia
governing general elections after notice thereof has been published for
at least two weeks in some newspaper published in said town. Notes in
anticipation of collection of revenue may be issued when authorized by
the council, at any time during any fiscal year provided that any such
note shall mature not later than the end of the fiscal year in which such
borrowing shall be authorized.

§ 28. Bonds and notes of the town shall be issued in the manner
prescribed by general law. .

_§ 29. In the issuance of bonds and notes, the town shall be subject
to limitations, as to the amount, contained in § 127 of the Constitution
of Virginia.

§ 30. The mayor shall be the chief executive officer of the town
unless otherwise provided by the council; he shall be ex officio conser-
vator of the peace within the town, and within a mile of its corporate
limits, and shall within the same exercise all of the powers that are vested
in a justice of the peace under the general laws; he shall, unless otherwise
provided by the council if previously authorized by council, have super-
visory control of the police of the town and may appoint special police
officers when necessary, either or both, if authorized by the council; he
shall have authority to issue his warrant for the arrest of any person or
persons for violation of any of the ordinances or resolutions of the town;
he shall preserve peace and order in the town, and see that persons and
property are protected; he shall have power to issue executions for all
fines and costs imposed by him, and in default of the payment thereof,
he may commit the party in default to jail until the same shall be paid,
but the term of imprisonment shall not exceed two months as provided
in § 19-309 of the Code of Virginia for such purposes; he shall have the
power to hear and determine cases involving violations of town ordinances
and may impose such penalty as may be provided in such ordinance upon
any person convicted of such violation, provided, however, that in no case
may he sentence any person to confinement in excess of twelve months;
he shall from time to time recommend to the council such measures as he
may deem needful for the welfare of the town and may, at least once a
year, make a written report of the general conditions of the town, together
with such recommendation as may be deemed advisable by him for the
welfare of the town, or its property, or public utilities; he shall have
power to suspend all other town officers for misconduct in office or neglect
of duties, until the next regular meeting of the town council thereafter or
until a special meeting is called for the purpose, which cause of said sus-
pension shall be specified in the order thereof; he shall receive a com-
pensation for his services to be fixed by the council, which compensation
when fixed shall not be increased or diminished for any term of office
for which he shall have been elected. All fees collected in criminal
proceedings before said mayor shall be collected by the sergeant and
paid into the treasury of the town, and the mayor shall receive no
other compensation or emolument whatever from the town, except as
above provided; he shall, when present, preside over all meetings of
the council with no power to vote except in case of a tie; and in his
absence, the president of the town council, who shall be elected from its
membership for a term of two years by the council at its first regular
meeting held after July one, nineteen hundred fifty-six, and thereafter
every two years at its regular July meeting, shall preside; he shall have
the right of veto on any matter voted upon by the council provided he
notifies the Clerk of the Council before the adjournment of the council
meeting at which the matter is voted upon, of his desire to consider a
veto, specifying what matter, and must actually exercise his veto power
within five days from the adjournment of such council meeting, other-
wise the right to veto shall be waived; shall file with the clerk within
said five-day period his written act of veto and assign his reasons therefor
in writing, whereupon the clerk shall forthwith send a written copy of
the same to each councilman and then not less than five days thereafter
at a called meeting held for the purpose or at is next regular meeting,
whichever shall first occur, the action of the mayor in vetoing any such
matter may be overridden by a two-thirds vote of the elected members
of the council, but if the council does not within said period of time over-
ride the mayor’s veto, then the veto shall remain in full force and effect
thereafter; and the mayor shall perform such other duties as shall be
from time to time imposed upon him by the council not inconsistent with
the provisions herein contained or the general laws of the Commonwealth ;
and for his failure to execute any duties imposed upon him, he shall be
liable, upon a petition of any five qualified electors of the town, to man-
damus proceedings as provided by law.

§ 31. He may recommend to the council by a message in writing
at its regular July meeting of each year and at such other times as he
may deem proper, such measures as he may consider necessary and expe-
dient for the public welfare.

§ 82. The mayor may be authorized by the council to appoint police
officers as he may deem necessary, to assist the sergeant of the said town.
The mayor shall, unless and until a police justice is appointed as herein-
after provided, have power to issue warrants and summon witnesses, and
shall have exclusive original jurisdiction to try cases involving violations
of town ordinances or the collection of town taxes or assessments or any
other form of debt owing to the town, and shall have like powers in the
matter of collecting fines and costs imposed by him as are vested by law
in trial justices for similar services. The fees and costs in connection
with such cases shall be the same as are authorized by law to be charged,
taxed, and collected by trial justices for similar services, and such fees
and all fines shall be collected by the town sergeant and shall be promptly
paid by him into the town treasury, unless the council by ordinance
directs some other person to collect such fines and costs and some other
person to receive the same; provided that the council may at any time it
deems the same expedient appoint a police justice for the town who shall
be an attorney authorized to practice law by and under the laws of the
Commonwealth of Virginia, and who shall give such bond as the council
requires; shall serve during the pleasure of the council and shall receive
such compensation as the council prescribes.

In the event of the appointment of such police justice, he shall have,
during such time as he serves, and to the exclusion of the mayor, the
same power and jurisdiction as are hereinabove conferred upon and
vested in the mayor but only in the trial and disposition of police matters
and shal]l exercise the same in like manner as they are above authorized
and directed to be exercised by the mayor.

§ 33. The town treasurer shall keep an accurate record of all the
proceedings of the meetings of the town council in a well bound book
called the “minute book”. ;

§ 34. He shall attest the corrections of all records and orders of the
council.

§ 85. He shall transcribe to a book kept for the purpose all ordi-
nances, resolutions and orders of a permanent nature; such book shall be
known as the “ordinance book”.

§ 36. He shall perform all the duties in relation to the assessment
of property for the purpose of levying town taxes and licenses that may
be ordered by the town council.

§ 37. He shall make out an annual list of all assessments for taxes
and licenses and a list of all patrons of water, electricity and sewer service
together with all amounts owing by them from time to time; and when-
ever called upon by the council make such report of his transactions as
may be required.

§ 38. He shall keep such books, records, schedules and other papers
and in such manner as the town council shall prescribe, and all such books,
records, schedules and other papers shall be subject to the inspection of
the mayor and council.

§ 89. He shall collect and receive all the moneys due the town and
pay out the same upon the order of the town council under such rules and
regulations as may be prescribed by the council. He shall keep his books
and accounts in such manner as the council may prescribe.

§ 40. He shall deposit to the credit of the town in such bank or banks
as the town council may designate as depository of the town moneys, all
moneys received by him.

§ 41. He shall make a report at each regular meeting of the town
council of all moneys received by him for the preceding month, together
with all disbursements made for the said month, such report to be in form
prescribed by the council. .

__ § 42. He shall give bond in such penalty prescribed by the council
with security approved by the council.

§ 43. His compensation shall be fixed by the town council.

§ 44. In the collection of taxes and assessments the treasurer shall
be vested with all the powers and be subject to all the liabilities and
penalties now prescribed by law with regard to county treasurers of the
State of Virginia and shall have power to levy on property and sell the
same for cash.

§ 45. He shall make such reports from time to time as may be
required of him by the council.

46. The town sergeant shall be vested with all the powers which.
general laws of the State confer on law enforcement officers in all cases,
a ti criminal, arising in said town or within one mile of the corporate
imits.

§ 47. He shall be chief of police of the town. In addition to the
powers conferred upon town sergeants by the general laws of the State,
he shall] have all the powers conferred upon special police by law. He shall
have power to arrest, without warrant and carry before the proper judi-
cial body, to be dealt with according to law, any and all persons who shall
violate any ordinance of the town or law of the State, in his presence, and
it shall be his duty to swear out warrants of arrest for any person or
persons when he has reason to believe any offense has been committed,
and such other duties as may be prescribed by the town council.

§ 48. He shall give bond in such penalty as the council may direct,
with security approved by the council conditioned according to law.

§ 49. His compensation shall be fixed by the town council.

§ 50. He shall make a weekly report and deliver to the treasurer of
the town all fines and costs imposed by the mayor or other judicial officers
of the town and take proper receipts for all such fines and costs collected
and may be required to include in his report all fines not collected.

§ 51. The officers of said town, elected or appointed by the council,
shall during the time they are in office, have all the power and authority of
CH. 315] ACTS OF ASSEMBLY 377

like officers in the county of Prince Edward, unless the same be abridged
or restricted by the council.

§ 52. All moneys belonging to the said town shall be paid over to
the treasurer, and no money shall be paid out by him except as the same
shall have been appropriated and ordered to be paid by the Council; and
the treasurer shall pay the same in such manner as may be prescribed by
by the council.

§ 53. If the treasurer shall fail to collect, and account for or pay
over all moneys coming into his hands, or any other bonded officer of the
town shall fail to discharge the duties of his office when so required by
the council, council in the corporate name of the town may, by motion
before the circuit court of Prince Edward County, recover from the
treasurer, or other officer, and his sureties, or their personal representa-
tives, any sum that may be due from said treasurer, or other officer, to
said town, in accordance with the procedure provided by law.

§ 54. The fiscal year for the town shall be from the first of July to
June thirtieth of the following year, and at the first regular meeting of
the council in each year, the treasurer shall make to the council a full state-
ment of all his transactions for the preceding year under the regulations
of the council, and whose accounts shall be annually audited by a certified
public accountant to be appointed by the council.

§ 55. The council of said town shall not take or use any private
property for streets or other public purpeses without making to the
owner or owners thereof just compensation for the same; and in all cases
where the said town cannot, by agreement, obtain title to the property
desired for such purposes, it shall be lawful for said town to apply to and
obtdin from the circuit court of Prince Edward County authority to con-
demn the same, which proceedings shall be had according to law.

In the exercise of the power of eminent domain granted under this
section the town may proceed in the manner provided by law for the State
Highway Commissioner in §§ 33-57 to 33-75 of the Code of Virginia.

§ 56. To carry into effect the powers herein enumerated, and all
other powers conferred upon the said town or the council by the laws of
Virginia, said council shall have power to make and pass all needful and
proper orders, by-laws and ordinances not contrary to the Constitution
and laws of said State, and to prescribe reasonable fines or penalties;
to provide for the enforcement of the collection of fines; which fines,
penalties, or imprisonment shall be imposed, recovered or enforced,
under the judgment of the mayor or any other officer authorized to
act; and the authorities of said town may, with consent of the circuit
court of Prince Edward County, entered of record, use the jail of
said county for any purposes for which the use of a jail may be needed
by them, under the acts of the council or of the State of Virginia; pro-
vided, however, that in all cases where a fine is imposed by the mayor, any
councilman or any other authorized officer, or by the council, the party or
parties so fined shall have the right of appeal to the circuit court of Prince
Edward County.

§ 57. The mayor and each one of the councilmen of said town, for
the time being, are declared to be, and are hereby constituted conservators
of the peace within said town, and within one mile of the corporate limits
thereof, and shall have all the powers and authority in civil as well as
criminal cases of justices of the peace, if so appointed by the circuit court
of Prince Edward County.

§ 58. The said town and the taxable persons and property therein
shall be exempt and free from the payment of any poor rates or road tax
levies by the board of supervisors of the county for any year in which it
shall appear that said town shall, at its own expense, provide for its own
poor and keep its streets in proper repair.
§ 59. All the rights, privileges, and properties of the corporation of
Farmville heretofore acquired and possessed, owned and enjoyed by any
act now in force, not in conflict with this act, shall continue, undiminished
and remain vested in said town under this act, and all laws, ordinances
and resolutions of the corporation of Farmville now in force, and not
inconsistent with this act, shall be and continue in full force and effect in
the town of Farmville until regularly repealed by a council elected as
provided under this act.

§ 60. In the event that any portion, section or provision of this
charter shall be declared illegal, invalid or unconstitutional by final judg-
ment of any court of competent jurisdiction such judgment shall not
invalidate any other section, portion, or provision hereof, but all parts of
said charter not expressly held to be invalid shall remain in full force
and effect.

§ 61. All ordinances now in force in the town of Farmville not
inconsistent with this act shall be and remain in full force until altered,
amended, or repealed by the town council.

_§ 62, The present officers of the town shall be and remain in office
until expiration of their several terms as provided in § 3 of this Act and
until their successors have been duly elected and qualified.

2, All former charters and amendments thereto for the town of Farm-
ville, Virginia, are hereby repealed.
8. An emergency exists and this act is in full force from its passage.