"To The Honorable James L. McLemore, Judge of the Circuit Court
of Southampton County, Virginia:
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"Your petitioners, the undersigned qualified voters, respectfully
represent the Town of Franklin, Va., was duly chartered by an act
of the General Assembly of Virginia on the 15th day of March, 1876,
and it being desirous that a change be made in the town government
as set forth in said act and amendments thereto, your petitioners
respectfully pray that § three (3) of said Charter be repealed,
which said section reads as follows:
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'Sec. 3. The officers of said town shall consist of a mayor,
six councilmen, a recorder, a sergeant and street commissioner; the
sergeant and street commissioner may be the same person if the council
think proper, and both shall be selected by the council. The mayor
and councilmen shall compose the council of the town. The said officers
shall hold their offices for two years and until their successors
are duly elected and qualify, except that the sergeant and street
commissioner may be removed by the council at any time for good cause.'
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"We further pray that the said town be permitted to adopt the
commissioner-manager form of government as set forth in the general
laws of Virginia as follows: A commission composed of five (5) members
who shall be elected by the qualified voters of the town at the regular
election to be held on the second Tuesday in June, 1922, and the said
commission to elect someone outside of its members for town manager,
and to elect one of its members as mayor who shall have such powers
as is provided by law under the commission-manager plan, and in addition
to such powers he shall be empowered and authorized to act and preside
over the mayor's court with the same jurisdiction in criminal
and civil matters as is in such cases made and provided.
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"And your petitioners further pray that such general and further
relief in the premises may be granted as their case may require in
accomplishing the purposes hereinbefore set forth."
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On consideration whereof, it appearing that a majority of the
qualified voters of the said Town of Franklin have affixed their signatures
to the said petition, in accordance with Chap. 399 of the Acts of
the General Assembly of Virginia, 1920, as shown by a certificate
of the Clerk of this Court, filed with the papers in this cause, the
Court doth adjudge, order and decree that Sec. 3 of the Charter of
the said Town of Franklin be, and the same is hereby repealed and
hereby declared null, void and of no effect.
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The court doth further adjudge, order and decree that the said
Town of Franklin shall have the authority and same is hereby vested
in it, to adopt what is commonly known as the "city or town manager
plan of government," as provided by the general laws of the State
of Virginia and more specifically set forth in Secs. 2942, 2944 and
2945 of the Code of Virginia, as amended by the Acts of 1920.
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The council of the said town shall consist of five members.
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In addition to the powers now conferred upon mayors or that
may hereafter be conferred upon them by law, the mayor elected under
the provisions of this Charter shall have criminal and civil jurisdiction
commensurate with those now exercised by justices of the peace, in
the county where the town is situated, as prescribed by § 3011
Va. Code of 1919.
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