CHAPTER 315

An Act to amend and reenact § 1-18.85, as amended, of the Code of Vir-
ginia, relating to the meaning of ‘the term “nopulation” , when the
census of nineteen hundred sixty shall become effective as to popula-
tion classification in statutes, and the effect of population changes
upon such statutes and validating prior action by any county, city
or town and clerks of courts therein, in relation thereto and in re-
laance thereon.

[S 113]

Approved March 30, 1962

Be it enacted by the General Assembly of Virginia:

1. That § 1-13.35, as amended, of the Code of Virginia, be amended and
reenacted as follows:

§ 1-13.35. (a) In order to avoid uncertainty and provide for the uni-
form application of the results of the census of nineteen hundred sixty
and prior and subsequent censuses this section shall apply in all cases
except as specified in this section and § 1-13.36.

(6) As used in the Acts of Assembly and Code of Virginia, the term
population shall mean population as of the last preceding United States
census; provided that as to the census required for nineteen hundred sixty,
the populations which shall be shown therein shall not apply to any such
act or section of the Code until June thirty, nineteen hundred sixty-two
or until the Auditor of Public Accounts shall, after determination of
the finality of the census enumeration, certify such population classifica-
tions to the governing bodies of the several counties, cities and towns,
whichever first occurs.

(c) Provided, however, that in any case in which the Acts of Assembly
and Code of Virginia confer a power upon, or vest a duty in counties,
cities or towns falling within specified population classification, a county,
city or town to which the same applied, or applies, shall continue to possess
such power or be subject to such duty notwithstanding that the population
thereof does not, as a result of the census of nineteen hundred sixty, fall
within the classification set up by the Acts of Assembly and Code of Vir-
ginia. All actions of any such county, city or town, and of the officers
thereof and of the clerks of courts thereof in the operation of their respec-
tive offices either on a fee or salary basis for the calendar year of nineteen
hundred sixty-one, and until the passage of this act, under any such act of
Assembly or provision of the Code of Virginia enacted prior to July one,
nineteen hundred sixty are hereby ratified, validated and confirmed. Noth-
ing in this paragraph shall operate to prevent the application of any such
act of Assembly or provision of the Code of Virginia to any county, city or
town falling within the population classification therein prescribed.

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