Roche v. Jones

Citations

• 87 Va. 484
• 12 S.E. 965
• 1891 Va. LEXIS 98

Syllabus

<p>1. Constitution—Appointment, of town officers.—The legislature incorporating a town may appoint the officers to exercise their functions until a regular election, notwithstanding Constitution, Art. 6, \\ 20, provides-that town officers shall be electors of such towns.</p> <p>2. Municipal ORDiNANCES-~.De facto officers.—Councilmen so appointed and exercising their functions, are defacto officers, and their acts in levying a license tax, authorized by the charter, are binding, even though one-of them, after moving beyond the corporate limits, continued to perform his official duties and participated in said acts.</p> <p>3. Idem—Construction of statutes.—Code, $ 1016, held not to apply to a town having less than 5,000 inhabitants, and no corporation court, notwithstanding Code, $ 5, ch. 16, provides that the word “city” shall be construed to mean a town of 5,000 population and a corporation court.</p> <p>4. Idem—License—Expiration.—Code, § 550, held to apply only to State, and not to municipal licenses, which may be prescribed to expire June 30th, instead of April 30th, of each year.</p>