to such appeal as may be provided by law, and perform such duties as may be required by law.

SEC. 112. All regular elections for county and district officers shall be hel on Tuesday after the first Monday in November, and all of said officers shall enter upon the duties of their offices on the first day of January next ceeding their election, and shall hold their respective offices for the term of four years except that the county clerk shall hold office for eight years; provided that the term of the clerks first elected under this Constitution shall begin on the first of February, nineteen hundred and four, and end on the first of Ja uary, nineteen hundred and twelve.

SEC. 113. No person shall at the same time hold more than one of the offices mentioned in this article. Any officer required by law to give bond may be required to give additional security thereon, or to execute a new bond, ani in default of so doing his office shall be declared vacant.

SEC. 114. Counties shall not be made responsible for the acts of the sheriffs. SEC. 115. The General Assembly shall provide for the examination of the books, accounts and settlements of county and city officers who are charged with the collection and disbursement of public funds.

ARTICLE VIII.

ORGANIZATION AND GOVERNMENT OF CITIES AND TOWNS.

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SEC. 116. As used in this article, the words "incorporated communitis et shall be construed to relate only to cities and towns. All incorporated comm nities, having within defined boundaries a population of five thousand or more. men shall be known as cities; and all incorporated communities having within t fined boundaries a population of less than five thousand, shall be known I towns. In determining the population of such cities and towns the Gener Assembly shall be governed by the last United States census, or such othe enumeration as may be made by authority of the General Assembly; but not in t ing in this section shall be construed to repeal the charter of any incorporates community of less than five thousand inhabitants having a city charter at the time of the adoption of this Constitution, or to prevent the abolition by sa incorporated communities of the corporation or hustings court thereof.

SEC. 117. General laws for the organization and government of cities an towns shall be enacted by the General Assembly, and no special act shall passed in relation thereto, except in the manner provided in Article Four this Constitution, and then only by a recorded vote of two-thirds of the m bers elected to each house, and except also in the case of cities having m than fifty thousand inhabitants as hereinafter provided. But each of the cities and towns of the State having at the time of the adoption of this amendme a municipal charter may retain the same, except so far as it shall be repealed amended by the General Assembly; provided that every such charter is here amended so as to conform to all the provisions, restrictions and powers §. forth in this article, or otherwise provided in this Constitution.

Notwithstanding, however, anything in this article contained, the Genera Assembly may, by general or by special act (passed as prescribed in Arti Four of this Constitution), depart in any respect (except as otherwise in the section expressly provided) from the form of organization and governmen prescribed by this article for cities and towns, and may provide from time time for the various cities and towns of the Commonwealth, such form e forms of municipal government as the General Assembly may deem best: no form or forms of government authorized by the second paragraph of thi section shall become operative except as to such cities or towns as may there after adopt the same by a majority vote of its qualified electors at an ele to be held as may be prescribed therefor by law. All the limitations on the powers of the councils of cities and towns imposed by this article shall ap in like manner to the principal legislative authority under any form of gover ment which may be authorized hereunder. The term "council," as used is sections one hundred and twenty-five and one hundred and twenty-seven of this

onstitution, shall be construed to include the body which, under any form of unicipal government, shall be vested with the principal legislative authority such municipality.

The General Assembly, for the purpose of this article, may classify cities cording to their population, but the maximum population prescribed for any ass shall exceed the minimum for the same class by at least ten thousand. The General Assembly, at the request, made in manner which may be prescribed law, of any city having a population of over fifty thousand inhabitants, may rant a special form of government for such city.

Any laws or charters enacted pursuant to the provisions of this section all be subject to the provisions of this Constitution relating expressly to dges and clerks of courts, attorneys for the Commonwealth, commissioners revenue, city treasurers and city sergeants.4

SEC. 118. In each city which has a court in whose office deeds are aditted to record, there shall be elected for a term of eight years by the qual ied voters of such city a clerk of said court, who shall perform such other uties as may be required by law.

There shall be elected in like manner and for a like term all such addional clerks of courts for cities as the General Assembly may prescribe, or as re now authorized by law, so long as such courts shall continue in existence.' ut in no city of less than thirty thousand inhabitants shall there be more an one clerk of the court, who shall be clerk of all the courts of record in

ach city.

SEC. 119. In every city, so long as it has a corporation court, or a separate ircuit court, there shall be elected for a term of four years by the qualified oters of such city, one attorney for the Commonwealth, who shall also, in hose cities having a separate circuit court, be the attorney for the Commonealth for such circuit court.

In every city there shall be elected for a term of four years, in a manner › be provided by law, one commissioner of revenue, whose duties and compention shall be prescribed by law.5

SEC. 120. In every city there shall be elected by the qualified voters thereof ne city treasurer, for a term of four years; one city sergeant, for a term of our years, whose duties shall be prescribed by law; and a mayor, for a term ↑ four years, who shall be the chief executive officer of such city. All city nd town officers, whose election or appointment is not provided for by this onstitution, shall be elected by the electors of such cities or towns, or of >me division thereof, or appointed by such authorities thereof as the General ssembly shall designate.

The mayor shall see that the duties of the various city officers, members f the police and fire departments, whether elected or appointed, in and for uch city, are faithfully performed. He shall have power to investigate their cts, have access to all books and documents in their offices, and may examine em and their subordinates on oath. The evidence given by persons so examied shall not be used against them in any criminal proceedings. He shall also ave power to suspend such officers, and the members of the police and fire epartments, and to remove such officers, and also such members of said deartments when authorized by the General Assembly, for misconduct in office r neglect of duty, to be specified in the order of the suspension or removal, ut no such removal shall be made without reasonable notice to the officer comlained of, and an opportunity afforded him, to be heard in person, or by ounsel, and to present testimony in his defense. From such order of susension or removal, the city officer so suspended or removed shall have an

Amendment proposed and adopted by the general assembly of 1910, re-adopted y the general assembly of 1912, and ratified on Nov. 5, 1912.

Amendment proposed and adopted by the general assembly of 1908, re-adopted the general assembly of 1910, and ratified on Nov. 8, 1910. By virtue of an error 1 drafting the measure by which amended section 119 and amended section 120 were ubmitted to the electors, both sections were submitted as a single proposition and oted on together instead of separately as the constitution provides. Accordingly the eneral assembly of 1912 re-submitted sections 119 and 120 as separate propositions nd they were approved separately on Nov. 5, 1912.

appeal of right to the corporation court, or, if there be no such court, to the circuit court of such city, in which court the case shall be heard de novo by the judge thereof, whose decision shall be final. He shall have all the other powers and duties which may be conferred and imposed upon him by general-p laws.6

The

SEC. 121. There shall be in every city a council, composed of two branches having a different number of members, whose powers and terms of office shall be prescribed by law, and whose members shall be elected by the qualified voters of such city, in the manner prescribed by law, but so as to give, as far as prae rain ticable, to each ward of such city, equal representation in each branch of sale fr council in proportion to the population, of such ward; but in cities of under ten thousand population the General Assembly may permit the council to co sist of one branch. No member of the council shall be eligible during his tenure thi of office as such member, or for one year thereafter, to any office to be filed by the council by election or appointment, The council of every city may, in a manner prescribed by law, increase or diminish the number, and change the d boundaries of the wards thereof, and shall, in the year nineteen hundred and the three, and in every tenth year thereafter, and also whenever the boundaries of such wards are changed, re-apportion the representation in the council among the wards in a manner prescribed by law; and whenever the council of any such city shall fail to perform the duty so prescribed, a mandamus shall lie behalf of any citizen thereof to compel its performance,

SEC. 122. The mayors and councils of cities shall be elected on the seve Tuesday in June, and their terms of office shall begin on the first day of Se tember succeeding. All other elective officers, provided for by this article, of hereafter authorized by law, shall be elected on the Tuesday after the firs Monday in November, and their terms of office shall begin on the first day or January succeeding, except that the terms of office of clerks of the city cours shall begin coincidently with that of the judges of said courts; provided, that the General Assembly may change the time of election of all or any of the said officers, except that the election and the beginning of the terms of mayor and councils of cities shall not be made by the General Assembly to occur at the same time with the election and beginning of the terms of office of the other elective officers provided for by this Constitution.

SEC. 123. Every ordinance, or resolution haying the effect of an ordinant shall. before it becomes operative, be presented to the mayor. If he approve be shall sign it; but if not, if the council, consist of two branches, he may retur it. with his objections in writing, to the clerk, or other recording officer, ef that branch in which it originated; which branch shall enter the objections al length on its journal and proceed to reconsider it. If, after such consideration two-thirds of all the members elected thereto shall agree to pass the ordinane or resolution, it shall be sent, together with the objections, to the other brand. by which it shall likewise be considered, and if approved by two-thirds of a the members elected thereto, it shall become operative notwithstanding the jections of the mayor. But in all such cases the votes of both branches of the council shall be determined by yeas and nays, and the names of the members voting for and against the ordinance or resolution shall be entered on the jou nal of each branch, If the council consists of a single branch, the majers objections in writing to any ordinance, or resolution having the effect of £ ordinance, shall be returned to the clerk, or other recording officer of the council, and be entered at length on its journal; whereupon the council shal proceed to reconsider the same. Upon such consideration the vote shall be take in the same manner as where the council consists of two branches, and if the ordinance or resolution be approved by two-thirds of all the members elected to the council, it shall become operative notwithstanding the objections of > mayor. If any ordinance or resolution shall not be returned by the mater within five days (Sundays excepted), after it shall have been presented to him.

Amendment proposed and adopted by the general assembly of 1908, re-adoled by the general assembly of 1910, and ratified on Nov. 8, 1910. Re-submitted by t general assembly of 1912 and re-adopted on Nov. 5, 1912. See Note No. 5.

shall become operative in like manner as if he had signed it, unless his term office, or that of the council, shall expire within said five days.

The mayor shall have the power to veto any particular item or items of appropriation, ordinance or resolution; but the veto, shall not affect any item items to which he does not object. The item or items objected to shall not se effect except in the manner provided in this section as to ordinances or solutions not approved by the mayor, No ordinance or resolution appropriag money exceeding, the sum of one hundred dollars, imposing taxes, or aurizing the borrowing of money, shall be passed, except by a recorded affirmve vote of a majority of all the members elected to the council or to each inch thereof where there are two; and in case of the veto by the mayor of ch ordinance or resolution, it, shall require a recorded affirmative vote of o-thirds of all the members elected to the council, or to each branch thereof ere there are two, to pass the same over such veto in the manner provided this section. Nothing contained in this section shall operate to repeal or end any provision in any existing city charter requiring a two-thirds vote the passage of any ordinance as to the appropriation of money, imposing ses or authorizing the borrowing of money,

SEC. 124. No, street railway, gas, water, steam, or electric heating, electric ht or power, cold storage, compressed air, viaduct, conduit, telephone, or dge, company, nor any corporation, association, person or partnership, enged in these or like enterprises, shall be permitted to use the streets, alleys, public grounds of a city or town without the previous consent of the cor rate authorities of such city or town.

SEC. 125. The rights of no city or town in and to its water front, wharf operty, public landings, wharves, docks, streets, avenues, parks, bridges, and er public places, and its gas, water, and electric works shall be sold except an ordinance or resolution passed by a recorded affirmative vote of threeirths of all the members elected to the council, or to each branch thereof ere there are two, and under such other restrictions as may be imposed by v; and in case of the veto by the mayor of such an ordinance or resolution, shall require a recorded affirmative vote of three-fourths of all the members cted to the council, or to each, branch thereof where there are two, had in > manner heretofore provided for in this article, to pass the same over › veto. No franchise, lease or right of any kind to use such public property any other public property, or easement of any description, in a manner not rmitted to the general public, shall be granted for a longer period than thirty ars. Before granting any such franchise or privilege for a term of years, cept for a trunk railway, the municipality shall first, after due advertisent, receive bids therefor publicly, in such manner as may be provided by v, and shall then act as may be required by law. Such grant, and any conict in pursuance thereof, may provide that upon the termination of the grant plant, as well as the property, if any, of the grantee in the streets, avees, and other public places shall thereupon, without compensation to the antee, or upon the payment of a fair valuation therefor, be and become the operty of the said city or town; but the grantee shall be entitled to no paynts by reason of the value of the franchise; and any such plant or property quired by a city or town may be sold or leased, or, if authorized by law. intained, controlled and operated, by such city or town. Every such grant all specify the mode of determining any valuation therein provided for, and all make adequate provision by way of forfeiture of the grant, or otherwise, secure efficiency of public service at reasonable rates, and the maintenance the property in good order throughout the term of the grant. Nothing herein ntained shall be construed as preventing the General Assembly from preribing additional restrictions on the powers of cities and towns in granting anchises or in selling or leasing any of their property, or as repealing any ditional restrictions now required in relation thereto in any existing munical charter.

SEC. 126.

The General Assembly shall provide by general laws for the

extension and the contraction, from time to time, of the corporate limits der cities and towns; and no special act for such purpose shall be valid.

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SEC. 127. No city or town shall issue bonds or other interest-bearing o gations for any purpose, or in any manner, to an amount which, including existing indebtedness, shall, at any time, exceed eighteen per centum of the asha sessed valuation of the real estate in the city or town subject to taxation, as SE shown by the last preceding assessment for taxes; provided, however, that nothing above contained in this section shall apply to those cities and towns whose charters existing at the adoption of this Constitution authorize a large risto percentage of indebtedness than is authorized by this section; and provided ty further, that in determining the limitation of the power of a city or town tr incur indebtedness; there shall not be included the following classes of indeter edness.

(a) Certificates of indebtedness, revenue bonds or other obligations issued in anticipation of the collection of the revenue of such city or town for the then current year, provided, that such certificates, bonds or other obligations mature within one year from the date of their issue, and be not past due, and do not exceed the revenue for such year.

(b) Bonds authorized by an ordinance enacted in accordance with sectim One Hundred and Twenty-three, and approved by the affirmative vote of the majority of the qualified voters of the city or town voting upon the questi of their issuance, at the general election next succeeding the enactment of the ordinance, or at a special election held for that purpose, for a supply of wate or other specific undertaking from which the city or town may derive revenue but from and after a period to be determined by the council, not exceeding f years from the date of such election, whenever and for so long as such under taking fails to produce sufficient revenue to pay for cost of operation and admi istration (including interest on bonds issued therefor, and the cost of insuran against loss by injury to persons or property), and an annual amount to be covered into a sinking fund sufficient to pay, at or before maturity, all bond issued on account of said undertaking, all such bonds outstanding shall included in determining the limitation of the power to incur indebtedness, unle the principal and interest thereof be made payable exclusively from the rece of the undertaking.

SEC. 128. In cities and towns the assessment of real estate and person property for the purpose of municipal taxation, shall be the same as the asses ment thereof for the purpose of State taxation, whenever there shall be a Str assessment of such property.

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ARTICLE IX.

EDUCATION AND PUBLIC INSTRUCTION.

SEC. 129. The General Assembly shall establish and maintain an efficie system of public free schools throughout the State.

SEC. 130. The general supervision of the school system shall be vested a State Board of Education, composed of the Governor, Attorney General, Supe intendent of Public Instruction, and three experienced educators to be electal quadrennially by the Senate, from a list of eligibles, consisting of one fr each of the faculties, and nominated by the respective boards of visitors trustees, of the University of Virginia, the Virginia Military Institute, the Tr ginia Polytechnic Institute, the State Female Normal School at Farmville, School for the Deaf and Blind, and also of the College of William and Mary so long as the State continues its annual appropriation to the last named institution.

The board thus constituted shall select and associate with itself two divi sion superintendents of schools, one from a county and the other from a elty. who shall hold office for two years, and whose powers and duties shall be iden tical with those of other members, except that they shall not participate i the appointment of any public school official,

Any vacancy occurring during the term of any member of the board shell be filled for the unexpired term by said board.

SEC. 131. The Superintendent of Public Instruction, who shall be an e