CHAPTER 40

An Act to provide a charter for the town of Hurt.
. (fH 114]

Approved February 23, 1966

_ Beit enacted by the General Assembly of Virginia:

. § 1. The inhabitants of the territory in Pittsylvania County within
the boundaries prescribed and set forth in § 2 hereof, and as may
be incorporated herein by reference, be, is and shall henceforth continue
to be a body politic and corporate, in fact and in name, under and by
the name of the town of Hurt; and as such shall have and may exercise
all powers which are now or hereafter may be conferred upon or dele-
gated to towns under 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 particular powers by this
charter here granted shall be held to be exclusive, and shall have, exercise
and enjoy all the rights, immunities, powers and privileges and be subject
to all the duties and obligations now appertaining to towns pursuant to
the general law and Constitution of this Commonwealth. The said town
of Hurt, as such shall have perpetual succession, may sue and be sued,
implead and be impleaded, contract and be contracted with, and may
have a corporate seal which it may alter, renew or amend at its pleasure
by proper ordinance.

ol § 2. The boundaries of the proposed town of Hurt shall be as
ollows:

Beginning at the southwestern corner of the property of the new
Altavista filter plant; thence in a northern direction along a fence 715.54
feet to a point in the center of the Staunton River; thence upstream
following the center line of said Staunton River as it meanders a distance
of 8124 feet to a point; thence leaving the center line of said Staunton
River ina southwestern direction along the line of C. A. Arthur, crossing
the Virginia Railroad right-of-way and continuing in a straight line
along the lines of C. A. Arthur, Herman Parrish and John L. Hurt Estate
to a point in the center of Sycamore Creek, which point is 1885 feet from
the center line of Staunton River; thence up the center line of said creek
as it meanders 1150 feet to a point; thence leaving the center of said
creek in a southeastern direction following the line of the Burlington
Mills property a distance of 1720 feet to a point; thence in an eastern direc-
tion following the property line of the Burlington Mills property a distance
of 3791.46 feet to a point in the western margin of the right-of-way
of U.S. Highway 29; thence along the western right-of-way line of said
U. S. Highway 29 as it meanders in a southwestern direction a distance
of 4184.7 feet to a point, which point is 1033.20 feet northeast of a concrete
monument in the highway right-of-way line at the corner of the Virginia
State Highway Roadside Park; thence leaving the right-of-way of said
highway in a southeastern direction, crossing said highway and crossing
the right-of-way of the Southern Railroad Company along the lines of
the church lot and the property lines of the John L. Hurt Estate to a
point, which is 1334.7 feet from the western margin of U. S. Highway 29;
thence following the property lines of the John L. Hurt Estate and Monk
Hubbard 785 feet to a point; thence with Booth and Hubbard 640 feet to
a point; thence following the property lines of the Altavista Country Club
as it meanders a total of 3444.5 feet to a point on the western margin of
State Route 637 ; thence along the margin of State Route 637 as it meanders
in a southern direction 457 feet to a point; thence leaving the western
margin of said State Route 6837 and crossing the same a distance of
3215.95 feet along the lines of M. A. Woolridge and F. A. Dowdy to a
point in the center line of the gas transmission line of the Virginia Pipe
Line Company; thence along the same 484.10 feet to a point on the
western margin of State Route 634; thence continuing along the approxi-
mate center line of the said gas transmission line to a point in the eastern
margin of the right-of-way of the Virginia Electric and Power Company
easement: thence in a northern direction along the eastern margin of
said electric right-of-way easement as it meanders a distance of 7989.4
feet to a point in the center line of Reed Creek; thence continuing along
the center line of said creek, crossing State Route 668, 2833.94 feet to a
point near the new Altavista filter plant; thence leaving said creek a
distance of 155.53 feet to an iron at the point of beginning, containing
approximately 1749 acres, all as shown on a map of Hurt, Virginia,
dated November 1955, prepared by Hayes, Seay, Mattern & Mattern,
Architects and Engineers, Roanoke, Virginia, and revised and traced by
E. LL. Moore, C.L.S., December 1965.

§ 3. The town of Hurt shall have and may exercise all powers
which it now has or which may hereafter be conferred upon or delegated
to it under the Constitution and laws of the Commonwealth and all other
powers pertinent to the conduct of the affairs and functions of the munici-
pal government, the exercise of which is not expressly prohibited by the
Constitution and the general laws of the Commonwealth, and which are
necessary or desirable to secure and promote the general welfare of the
inhabitants of the municipality and the safety, health, peace, good order,
comfort, convenience, morals, trade, commerce and industry of the
municipality and the inhabitants thereof, and the enumeration of specific
powers shal] not be construed or held to be exclusive or as a limitation
upon any general grant of power, but shall be construed and held to be
in addition to any general grant of power. The exercise of the powers
conferred under this section is specifically limited to the area within the
corporate limits of the municipality, unless otherwise conferred in the
applicable sections of the Constitution and general laws, as amended,
of the Commonw
In addition to the foregoing, the powers set forth in §§ 15.1-841 to
15.1-907, inclusive, of the Code of Virginia as in force on the first day
of January, nineteen hundred sixty-six, are hereby conferred on and
vested in the town of Hurt.

§ 4. Administration and Government.

(1) The administration and government and all powers and au-
thority connected therewith, of any pertaining to the town of Hurt shall
be vested in the council of the town of Hurt and such boards or officers
as hereinafter mentioned or may otherwise be provided by the council or
general law. The council shall consist of a mayor and six councilmen, all
elected as provided hereinafter.

On the second Tuesday in June, nineteen hundred sixty-six,
and every two years thereafter, there shall be elected by the qualified
voters of the town of Hurt, one elector of the town, who shall be de-
nominated mayor, and six other electors who shall be denominated the
councilmen of the town, and said mayor and councilmen shall constitute
the town council. They shall enter upon the discharge of the duties of
their offices on the first day of January next succeeding their election,
and shall continue in office until their successors are duly elected and
qualified. Every person elected shall take an oath faithfully to execute
and discharge the duties of his office to the best of his judgment, and the
mayor shall take the oath prescribed by law for State officers. The failure
of any person elected or appointed under the provisions of this act to
qualify or to take the oath required, within the time prescribed for enter-
ing upon the discharge of the duties of the office to which he is elected or
appointed, shall vacate the said office, and the council shall proceed and are
ee vested with power to fill such vacancy in the manner herein pre-
scribed.

(3) There shall be appointed for the town a registrar and officers
of election in the manner provided for by general law of Virginia, and
all elections held in said town shall be governed in accordance with said
general law; the electorate shall be that prescribed by general law.

(4) The council of the town shall judge the election, qualification
and return of its members; may fine them for disorderly conduct, and
with concurrence of two-thirds vote of the council, expel a member. If
any person returned, be adjudged disqualified, or be expelled, a new elec-
tion to fill the vacancy shall be ordered by the council and held on such
day as it may designate by ordinance. Any other vacancy occurring dur-
ing the term of any member of the council shall be filled by the council
by the appointment of any one eligible to such office. A vacancy in the
office of mayor shall be filled by the council from the electors of the town,
and any member of the council may be eligible to such office.

(5) For the transaction of business by the council, four members
of whom the mayor may be counted as one, shall constitute a quorum.

(6) Each member of the council may receive a salary to be fixed by
the council, payable at such times, and in such manner, as the council may
direct, but the salary paid to any one member during any year shall not
exceed the sum of sixty ($60.00) dollars per annum; the mayor may re-
ceive a salary to be fixed by the council, payable in such manner and at
such times as the council may direct, not to exceed the sum of five hundred
($500.00) dollars per annum; and the council is also empowered to provide
that the salary of the mayor shall be in lieu of any fees he is entitled
to receive for acting as justice of the municipal court, if he so acts.

The mayor shall preside at the meetings of the council and per-
form such other duties as may be prescribed by this charter and by
general law, and such as may be imposed by the council, consistent with
his office. The mayor shall have no right to vote in the council except
that in case of a tie vote then the mayor shall vote. The mayor shall, un-
ss the council shall by resolution place the trial of violations of town
rdinances in the hands of the trial justice, or some other duly au-
horized person, be clothed with authority to try all violations of any
rdinance of the town, and shall be a conservator of the peace within the
imits of the town. An appeal shall lie as provided by general law from
iny decision of the major or trial justice or other person acting as ju-
licial officer in a court of limited jurisdiction for the town of Hurt.

(8) The council shall, as soon as practicable, after qualification,
choose one of its members as vice mayor. The vice mayor shall perform
the duties of the mayor during his absence or disability, and in event of a
vacancy for any reason in the office of mayor, he shall serve until a mayor
is duly appointed by the council or is elected. The said vice mayor shall
continue to have all rights, privileges, powers, duties and obligations of
councilman while performing the duties of mayor during the absence or
disability of the mayor of the town, and the said vice mayor shall be
clothed with authority to try all violations of any ordinance of the said
town in absence of the mayor or in event of the mayor for any reason
being disqualified to try any such violation. In the absence of the mayor
or vice mayor, the mayor may designate a member of the council to per-
form his duties.

(9) The council shall, by ordinance, fix the time for their meetings,
but shall have at least one meeting each month. Special meetings shall be
called by the clerk at the instance of the mayor or any three members
of the council, in writing; no business shall be transacted at a special
meeting but that for which it shall be called, unless the council be unani-
mous. The meetings of the council shall be open to the public except
when in the judgment of the council the public welfare shall require
executive sessions.

(10) The council shall keep a minute book, in which the clerk shall
note the proceedings of the council, and shall record proceedings at large
on the minute book and keep the same properly indexed.

(11) The council may adopt rules for regulating its proceedings,
but no tax shall be levied or corporate debt contracted except by a
vote of two-thirds of the council, four votes being counted as two-thirds,
which vote shall be taken by yeas and nays, and recorded in the minute
book. It may appoint such committees as may be deemed proper for the
transaction of business, and may compel attendance of absent members.

(12) The council may require the mayor to communicate to it an-
nuallv as soon after the close of the fiscal year, or oftener, if necessary,
a general statement of the condition of the town in relation to its govern-
ment, frnances and improvements, with such recommendations as he may
deem proper. He shall exercise a constant supervision over the conduct of
ail subordinate officers, have power and authority to investigate their
acts. have access to all books and documents in their offices, and may ex-
amine such officer on oath. He shall have power to suspend all officers ap-
pointed by the council until the next regular meeting of the council, but
such suspension shall in all cases be for misconduct in office or neglect of

ty, to be specified in the order of suspension. In case of suspension of
any officer the mayor shall submit a written report of the same to the
council at its next regular meeting, or any meeting called for that pur-
pose. specifically designating the charge against the officer and reasons
for dismissal, and in case of suspension by the mayor, he shall have
power to appoint some other person in his place to hold such office and
perform the duties thereof until the next regular meeting of the council.

(13) Every ordinance passed by the council for the violation of
which a penalty is imposed shall be published in such way as the council
may order, so as to give general publicity thereto, and no order may be-
come effective until so published, either by handbills posted in at least
three public places, or in a newspaper published or having general circu-
lation in the town, except in the case of an emergency, in which instance
the ordinance shall so state and shall become effective immediately upon
its passage. If published by handbill, a certification of the posting thereof
shall be made by the clerk or sergeant as to the time and place where the
ordinance is recorded, provided however, that after the expiration of six
months from date of the passage of any ordinance, its publication shall not
be questioned, or its validity affected by any failure to publish the same.

§ 5. Town Clerk.—At its first regular meeting, or as soon there-
after as practicable, and every three years thereafter, there shall be
appointed by the council a clerk, who shall hold office for a period of three
years, unless sooner removed by the council for cause, and said clerk shall
attend all meetings of the council, and shall keep a permanent record of
its proceedings as hereinbefore set out; he shall be custodian of the town
seal, and shall affix the same to all documents and instruments requiring
a seal, and shall attest the same; he shall keep all papers, codes, documents,
and records pertaining to the town, the custody of which is not otherwise
provided for in this charter. He shall give all notices to all parties,
presenting petitions or communications to the council of the final action
of the council on such petitions or communications; he shall publish such
reports and ordinances as the council is required to publish, and such other
records and ordinances as it may direct; he shall perform such other
acts or duties as the council may, from time to time, require.

§ 6. Town Treasurer.

(1) There shall be appointed by the council at its first meeting, or as
soon thereafter as practicable, and every three years thereafter, a treas-
urer, who shall hold office for a term of three years, who before en-
tering upon the discharge of his duties shall give bond with sufficient
surety to be approved by the council, in the penalty of such amount as
may be fixed by the council from time to time, payable to the town of
Hurt, conditioned for the true and faithful performance of the duties
of his office. The treasurer shall be responsible for the collection of all
taxes, licenses, and levies and charges for services furnished by the public
utilities of the town. The council shall have the authority to place in the
hands of a town collector to be designated by it, the collection of any
taxes, licenses and other levies at any time if in the discretion of the council
it shall be proper so to do.

(2) The town treasurer shall receive all moneys belonging to the
town which it is his duty to collect from persons owing the same to the
town, or which it is the duty of other officers of the town to collect and
pay over to him, and pay the same out as ordinances of the town may
prescribe; to keep all such moneys safely, and account therefor; and to pay
all drafts and orders made on him in conformity with ordinances of the

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(3) The funds of the town shall be deposited by the treasurer in
such bank or banks as the council may direct, and such bank or banks
may be required to give security in such sum or sums as the council shall
fix. He shall keep books showing accurately the date of his accounts and
the money of the town shall be kept distinct and separate from his own
money, and he is prohibited expressly from using directly or indirectly
the town’s money for his own benefit, or the benefit of any other person
or persons whomsoever, and any violation of this provision shall subject
him to immediate removal! from office.

(4) The town treasurer shall, when required by the council, render
an account to the council showing the state of the treasury and balance
of money on hand. He shall also, when required by the council, accom-
pany such account with a statement of all moneys received by him on what
account with a list of checks paid by him during the month closed,
ind shall furnish such other information as the council may direct, and
it all times the accounts and books of the treasurer shall be open to in-
spection by the mayor and council, and to any other person or persons
appointed by the council to inspect the same.

(5) All taxes, levies and other sums of money received by the town
treasurer belonging to the town of Hurt, shall be credited on the books
of the treasurer, and paid out by him only on a warrant of the clerk cf
the council, countersigned by the mayor, or vice mayor in absence of
mayor.

(6) The treasurer shall perform such other duties as may be required
by the council, not inconsistent with the general laws of the State, and
he shall receive for his services such compensation as the council may
deem proper.

§ 7. The clerk of the council and the treasurer of the town may be
one and the same person in the discretion of the council.

€ 8. Sinking Fund.

(1) The council may provide for a sinking fund for the purpose
of paying off as it matures any indebtedness of the town and may make
an additional levy therefor, said sinking fund to be set aside and in-
vested as provided for hereinafter.

(2) When taxes on real and personal property are collected for the
year, the town treasurer shall take therefrom the necessary amount of any
additional sum, if any, so set apart and deposit the same in a separate
account to the credit of the sinking fund in such bank or banks as the
counci] may designate. All sinking funds shall be used exclusively in the
payment or purchase and redemption of outstanding bonds of the town,
and when such funds are not required or may not within a reasonable
time be required for payment of any bond of the town or cannot be
used to advantage in purchasing and redemption of any bond of the town
which might at any time be outstanding, the same shall be securely in-
vested in interest bearing municipal State or government bonds, or in-
vested in any security approved by the general laws of the State ‘of Vir-
ginia for investment of such funds, or deposited in bank on a reasonable
rate of interest. Such sinking funds may be used in the payment or
purchase and redemption of all bonds of the town at the discretion of the
council.

(3) The town council shall act as the sinking fund commission
or committee and shall provide for the investment, deposit and applica-
tion of the funds in conformity to the provisions of this charter; and
may require any bank or banks receiving on deposit its revenues or any
of its sinking fund a fidelity bond or other security.

£ 9. Taxes.

(1) In addition to all other powers mentioned in this charter and
granted by general law, the town council shall have power to raise an-
Bually by taxes and assessments in the said town on all subjects of taxa-
tion which are not forbidden by general law to incorporated towns, such
sums of money as the council may deem necessary for the purpose of the
town, and in such manner as the council shall deem expedient, in ac-
ih wna with the Constitution and laws of this State and of the United

tates.

(2) The town council may levy a tax or license on any person, firm
or corporation pursuing or conducting any trade, business, profession, 9c-
cupation, employment or calling whatsoever, within the boundaries of the
town, whether a license may be required therefor by the State or not,
and may exceed the State license, if any be required, except when pro-
hibited by general law.

(3) Any payment of delinquent taxes made by the tenant, unless
under express contract contained in his lease, shall be a credit ‘against
the person to whom he owes the rent.

(4) The council may require owners of motor vehicles, trailers,
semi-trailers, and other vehicles of any kind, residing in the town, licenses
for the privilege of operating such vehicle in the town, such license to be
issued and the fee therefor fixed by the town council.

(5) All goods and chattels found, may be distrained and sold for
taxes assessed and due thereon, and no deed of trust nor mortgage upon
goods and chattels shall prevent the same from being distrained and sold
for taxes.

(6) The council may add penalties for failure of any person or
firm or corporation to pay taxes or licenses at the time provided for by
ordinance of the council, and there shall be a lien for all taxes assessed
which may be enforced as provided by general law of the State.

(7) The council may, by a two-thirds vote of the body, exempt
real and personal property used for manufacturing purposes or other
enterprises from all taxes for municipal purposes for a period not ex-
ceeding five years, if it deem it expedient to do so in order to encourage
the establishment of such enterprise therein or thereon.

The assessment of real and personal property in the town, for
the purpose of municipal taxation, shall be the same as the assessment of
such property for the purpose of county or State taxation, where there
is a county or State assessment of such property.

(9) The council, in the name of and for the use of the town, may
contract loans, incur indebtedness and cause certificates of debt or bonds
to be issued, whenever two-thirds of its members by a recorded vote de-
cide that it is to the interest of the town so to do, but such council may
only borrow money to the extent prescribed by the Constitution and laws
of this State. But the council shall issue no bonds or certificates of
debt, except in anticipation of current revenue, until it shall have first
submitted to the qualified voters of said town the question of whether or
not such bonds shall be issued and a majority of the qualified voters vot-
ing at any election held for such purpose shall have voted for such issue.
Such election shall be held under the provisions of the general laws of
this State, except the council shall have power to call such election and
fix the date thereof by ordinance, copy of which shall be published at
least five days beforehand in some newspaper published in said town or
having general circulation therein. The publisher of the newspaper shall
certify to the publication thereof, which certification shall be recorded
in the minute book of the town. The judges conducting any such election
shall certify the returns to the clerk of the circuit court of Pittsylvania
County and to the said council, not to the judge of the circuit court of
said county.

(10) A lien shall exist on all real estate within the corporate limits
for taxes, levies and assessments in favor of the town, assessed thereon
from the commencement of the year for which the same were assessed
and the procedure for collecting the said taxes, for selling of real estate
for town taxes, and for the redemption of real estate sold for town taxes,
shall be the same as provided in the general laws of the State, to the same
extent as if herein fully set out. The said town and its treasurer shall
have the benefit of all other additional remedies for the collection of town
taxes which are now or hereafter may be granted or permitted by and
under the general law.

(11) If, as provided by paragraph (7) of § 4 hereof, the
mayor is appointed to preside in a court of limited jurisdiction for
the trial of the violation of town ordinances, his salary therefor shall be
set by the council and shall be in addition to such salary, if any, awarded
the mayor pursuant to paragraph (6) of § 4. The council may also pro-
vide for a substitute judicial officer to act in the absence of the mayor.
§ 10. Actions Against Town for Damages, etc.

(1) No action shall be maintained against the town for damages
or any injury to any person or property alleged to have been sustained by
reason of the negligence of the town, or any officer, agent or employee
hereof, unless a written statement, verified by oath of the claimant, his
agent or attorney, or the personal representative of any decedent whose
death is a 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

ne injury is alleged to have occurred, or to have been received, shall have
been filed with the mayor or an attorney appointed by the Council for this
purpose, and the town is hereby authorized to appoint such an attorney,
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. No officers, agents, or employees of the
town shall have authority to waive such conditions precedent or any of

em.

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

(3) 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 persons or corporation or corporations shall have been re-
turned without realizing the full amount of such judgment.

(4) If the town, when not primarily liable, shall pay the said judg-
ment in whole or in part, the plaintiff shall, to the extent that the said
judgment is paid by the town, assign the 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 to en-
force the said judgment, or an action at law, or scire facias to revive the
said judgment.

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

(6) The council of said town is authorized and empowered to com-
promise any claim for damages or any suit or action brought against said
town.

§ 11. Dedication of Streets and Plats Thereof.

(1) No plat showing a new street or highway within the town
shall be filed or recorded in the office of the clerk or of any county until
such plat shal] have been approved by the council. The council shall not
approve any such plat unless the streets and highways provided for therein
are of sufficient width, of proper grades and suitably located to meet the
pr-bable traffic needs, to afford adequate light, air, and access of the fire
apparatus to such buildings as may be erected along the proposed streets
and highways; and to insure healthful conditions on the land adjacent to
such streets or highways. The council may, in appropriate cases, require
that a plat before being approved shall provide adequate open space for
parks, playgrounds, or other recreational uses; but the inclusion of such
Open spaces upon a plat does not require their dedication to public use.

(2) Before approving any such plot the town council may, at its
discretion, require the owner of such land to grade the streets and alleys
thereon, according to grade or grade lines approved by the council. By
the acceptance of any such plat, street, alley or highway as above set
out, there shall be no liability upon the town to surface such street, or to
install any sewage, water, gas, lights or other improvements, until in
the judgment of the council the same is required.

§ 12. (1) Whenever under the provisions of this charter any of-
ficer of the town or member of any board or commission is elected
or appointed for a fixed term, except the mayor and vice mayor, such
officer or member shall continue to hold office until his successor is ap-
pointed and qualified.

(2) All ordinances of the county of Pittsylvania, and all rules, regu-
lations and orders legally made by any duly constituted authority empow-
ered to pass such ordinances, and make such rules and regulations, insofar
as they or any portion thereof are not inconsistent herewith, shall remain
in force until amended or repealed in accordance with the provisions of
this charter.

(3) The town of Hurt and all the officers thereof elected or appointed
in accordance with the provisions of this act shall be clothed with all the
powers and subject to all the provisions of general law not in express
conflict with the provisions of this act.

§ 18. Before this charter shall become effective, as to incorporation
of the town, the same shall be submitted for ratification or rejection, to
the qualified voters residing within the proposed corporate limits of the
town of Hurt at a special election to be held on the first Tuesday in
May, nineteen hundred sixty-six. The charter shall be published once a
week for at least two successive weeks prior to the election in some
newspaper having general circulation within the proposed corporate limits
of the town of Hurt. The election shall be called and held, and the results
thereof ascertained and certified as provided in § 24-141 of the Code of
Virginia and acts amendatory thereof. An election shall be held on the
second Tuesday in June 1966, for the election of town councilmen, includ-
ing a mayor who shall take office and serve from the effective date of this
charter, which effective date shall be January one, nineteen hundred
sixty-seven. |
2. If any clause, sentence, paragraph, section or part of this act shall,
for any reason, be adjudged by any court of competent jurisdiction to
be unconstitutional or invalid, said judgment shall not affect, impair or
invalidate the remainder of said act, but shall be confined in its opera-
tions to the clause, sentence, paragraph, section or part thereof directly
involved in the controversy in which said judgment shall have been ren-

ered.

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