making his account for the board of such prisoner or prisoners as provided in section thirty-five hundred and ten of the Code, as amended, shall include such prisoner or prisoners in such account, as if such prisoner or prisoners had actually been committed from his county or city, and the judge of the circuit, corporation or hustings court of the county or city in which such prisoner or prisoners were committed as aforesaid, shall certify such account to the auditor of public accounts for payment out of the treasury, as provided in section forty-nine hundred and sixty-one of the Code; provided, however, that the authorities of the county or city from which the prisoner is sent shall be responsible for any damage done by him to the jail of the county or city in which such prisoner may be confined. (1922, p. 361. In force June 18, 1922.)

Sec. 2881. How any unincorporated town or thickly settled community may be incorporated.

Whenever a petition signed by twenty duly qualified voters of any unincorporated town, or thickly settled community, within this State, shall be presented to the circuit court of the county in which such town or community, or the greater part thereof, is situated, or to the judge thereof in vacation, setting forth the metes and bounds of said town or community, and praying that such community may be incorporated as a town, with satisfactory proof that such petition with notice attached of the time and place that said petition will be presented has been published in full in some newspaper published in said county, if any, once a week for four successive weeks and posted at the front door of the court house of said county for four weeks; if no newspaper be published in the county in which said town, or the greater part thereof, is located, then five copies of said petition and notice shall be posted within the limits of said town or community to be incorporated for four weeks, and a copy posted at the front door of the court house of said county; and the said court shall be satisfied that it will be to the interest of the inhabitants of said town; that the prayer of said petition is reasonable; that the general good of the community will be promoted; that the number of inhabitants of said town exceeds two hundred and does not exceed five thousand, and that the area of land designed to be embraced within the town is not excessive; such court, or the judge thereof in vacation shall by an order reciting the substance of said petition and the due publication thereof, and that it is to the best interests of the inhabitants of that locality, that the general good of the community will be promoted by the incorporation of said town and that the number of inhabitants exceeds two hundred and does not exceed five thousand, order and decree and enter upon its common law order book that such town be, and the same is hereby, incorporated as a town by the name and style. of the "the town of... (naming it)," and designating in such order the metes and bounds thereof, and thenceforth the inhabitants

within such bounds shall be a body, politic and corporate, with all the powers, privileges and duties conferred upon and appertaining to towns under the general law.

And upon a like petition authorized by a resolution of the town council supported by like evidence and after posting a copy of the resolution of the town council with a notice attached of the time and place when said petition will be presented at five or more public places in said town, the court, or the judge thereof in vacation, shall by an order containing the recitals required by this section, change or restrict the boundaries of said town, or make such other amendments to the charter of said town as may be just and desirable and which are not contrary to any law of this State.

(1922, p. 365. In force March 14, 1922.)

For act as to amendment of charters of towns, see chapter 399 of Acts 1920, herein.

Sec. 2882. How first election ordered.

The order so incorporating said town shall order the first election. of town officers and shall designate the time and place where the said election shall be held in said town and the electoral board of said. county within such town, or the greater part thereof is situated, shall, not less than fifteen days before said election, appoint one registrar and three judges of election who shall also act as commissioners of election, and said officers of election shall conform to the requirements of section twenty-nine hundred and ninety-five, and the conduct of said election shall conform in all respects to the requirements of the general law regarding the holding of elections in towns so far as applicable. Said election shall be held and the vote counted, returned, canvassed, and certified as regular elections are held, returned, canvassed and certified, but officers elected at said election shall only hold office until the next regular election of town officers to be held as provided for by general law. And if for any cause no election shall be held on the day fixed in said order the court, or the judge thereof in vacation, may, by an order entered in its common law order book, fix another day for said election, which shall be held after like proceedings and notice as herein above required, and any election heretofore or hereafter held in conformity to the provisions of this section, though not held on the day named in the order of incorporation but held on a day named in a subsequent order of the court, or the judge thereof in vacation, shall be as valid and shall have the same force and effect as if said election had been held on the day named in said order of incorporation.

(1922, p. 365. In force March 14, 1922.)

Sec. 2884. See chapter 372 of Acts 1918, herein, as to incorporation by

courts.

Sec. 2886. See chapter 368 of Acts 1918, herein.

Taken from chapter 147, Acts 1906, cited in Town of Narrows v.

572, 105 S. E. 82.

Sec. 2893. See chapter 368 of Acts 1918, herein.

Giles, 128 Va.

Sec. 2930. Provisions for the submission of the question of change of form of government to the electors.

. Upon the petition of electors, equal in number to at least ten per centum of those qualified to vote at the last preceding general election at which a mayor or council was elected, and specifying the particular form of government permitted under this act, and which they wish to adopt including the number of councilmen, and whether they are to be elected at large or by wards, and whether they are to receive compensation for their services or not, presented to the circuit court having jurisdiction over such city or town, or to the judge thereof in vacation, asking that an election be held as herein provided, such court, or judge, shall pass an order entered in term time or vacation, directing the proper election officers of such municipality to take such steps and prepare such means as may be necessary to submit to the qualified voters of such municipality for determining the question whether such proposed change in the form of government shall be adopted or not; and the court or judge shall make such order as may be proper to give due publicity to such election, the same to be held not less than thirty nor more than ninety days after the entry of the order by the court or judge. If there be no circuit court in any such city, then such petition shall be presented to the corporation or hustings court or judge thereof in vacation. Accompanying the petition of said electors there shall be a certificate from the clerk in whose office there is now required to be filed a list of qualified voters, which shall show the number of persons qualified to vote at the last preceding regular June election for municipal officers. If the list so filed in the office of such clerk shall not contain the names of persons who are not required to pay their poll tax in order to vote, then there shall likewise accompany such petition a certificate from the registrars giving the number of persons who were qualified to vote at said election and not on the list filed with such clerk.

Such election shall be conducted in the manner prescribed by law for the conduct of regular elections and by the regular election officers of said municipality. The election shall be by secret ballot, and the ballots used shall contain the following, "For proposed change in form of municipal government"; "Against proposed change in form of municipal government"; and the drawing of a line through the words "for" or "against" or any part thereof, shall be sufficient to indicate the wishes of the persons voting. Returns of the election shall be certified by the commissioners of election, or their clerk, to the court, or the judge thereof in vacation; and if it shall appear that the proposed change has not been adopted by a majority vote of the qualified electors, an order shall be entered of record accordingly, and no other election for any change in the form of government of such city or town shall be held within two years after such election; but if the said proposed change is adoptel by a majority vote of the qualified electors, the court or judge thereof, shall enter an order accordingly,

a copy of which shall be forthwith certified by the clerk of such court to the council of such city or town for recordation upon its journal. Should there be more than one petition filed with the court or judge, . asking for the adoption of different provisions of this act, he shall order an election upon the plan having the greatest number of voters petitioning for the same.

Any such election may be contested and the proceedings for all such contests shall conform, as near as may be, to the provisions of section twenty-seven hundred and fifty-four.

(1922, p. 380. In force June 18, 1922.)

After an election was duly ordered and held under Acts 1914, page 165, as amended by Acts 1916, page 672, and Acts 1918, page 402, the city petitioned asking to be made a party defendant to the proceeding whereby the election was ordered and held, and that the petitioners upon whose petition the election was ordered and held should be made defendants to the city's petition. Subsequently, a number of electors tendered their petition also asking to be made parties defendants. This procedure adopted by the city and the petitioning electors was anomalous. It was neither an ordinary common law action nor a suit in equity. It was not authorized by any statute, nor does it conform to the extraordinary common law remedies of mandamus, quo warranto, or certiorari. It is an attempted intervention in a proceeding made ex parte by the statute. The action of the city in intervening in the cause was in the nature of an appearance of an amicus curiae, and was advisory only. It conferred no rights upon the city. City of Roanoke v. Elliott, 123 Va. 393, 96 S. E. 819.

In a proceeding for an election to change the form of government of a city to that known as the "City Manager Plan," the judge of the circuit court acts in a ministerial capacity, and to his finding of facts certified to the clerk of the city council, no writ of error lies. City of Roanoke v. Elliott, 123 Va. 393, 96 S. E. 819.

See chapter 226 of Acts 1918, herein.

Sec. 2931. The election and terms of officers as to towns.

The election of the mayor and the members of the council of any town adopting such change in its form of government, shall be held at the next regular election for mayor and members of the council of such town; and the mayor and members of the council so elected shall enter upon their duties upon the first day of September following their election, and shall serve until their successors shall have been elected and shall have duly qualified. The terms of mayor and members of town council elected hereunder, and their successors, shall be for a period of two years, and until their successors shall have been elected and qualified.

(1922, p. 380. In force June 18, 1922.)

Sec. 2932. The election of members of the council in cities.

The election of members of the council of any city adopting such change in its form of government, shall be held at the next regular election for mayor and members of the council for such city; and the members of the council so chosen shall enter upon their duties on the first day of September following their election. And the terms of all hold-over members of the council shall cease and be determined on said first day of September following said election. If, however, more than two years shall elapse between such special elections adopting such change in the form of government in such city, and the next

regular election for mayor and council, then the election of the members of the council herein provided for shall be held at the next regular June election for members of the council for such city; and the members of the council so chosen shall be elected for a term of two years, commencing on the first day of September following the election. The terms of the councilmen who would otherwise hold over shall cease and be determined on that date, but the successors of such two year councilmen, elected at the next regular election, and the next successors of all councilmen now serving hereunder shall be elected at the time and in the manner provided by general law, but the successors of such two year councilmen, who shall be elected at the next regular election, and the successors of all councilmen now holding office under the provisions of this act in any city, as well as all councilmen elected at the first election hereafter held for councilmen hereunder in any city that has already, or may hereafter adopt such change in its form of government, shall by drawing lots be divided into two groups of equal numbers, or as nearly equal numbers as possible, one of which groups shall serve for two years and until their successors shall have been elected and qualified, and the other group shall serve for four years and until their successors shall have been elected and qualified, but the successors of all councilmen whose division into groups is herein provided for, as well as all other councilmen to be elected by any city adopting such change in its form of government, whose division into groups is not herein provided for, shall serve for a term of four years, and until their successors shall have been elected, and shall have qualified, and all elections to be held under this act shall be held at the time and in the manner provided for by general law.

(1922, p. 380. In force June 18, 1922.)

Section 2933. How vacancies in council filled.

If any vacancy occur in the membership of any council herein provided for, the remaining members shall fill said vacancy for the unexpired term; provided, however, that should either the plan of government as set out in section twenty-nine hundred and thirtyeight, and described as "Modified commission plan," or the plan set out in section twenty-nine hundred and forty-two, and described as "City manager plan," be adopted, then the first election to be held thereunder shall be at the next regular June election for mayor and members of the council, or of members of the council, which ever shall first occur thereafter; the officers so chosen shall enter upon their duties on the first day of September following. And the terms of all the members of the old council of such cities, whether they be holdover members or not, as well as of the mayor (if his term has not then expired) shall cease and be determined on said first day of September following such election. And the term of office of all officers and