Chap. 118.—An ACT Providing a Charter for the City of Manchester.
Approved Mareh 20, 1874.

1. Be it enacted by the general assembly, That the terri-
tory contained within the limits prescribed by the act enti-
tled an act to extend the corporate limits of the town of
Manchester, passed March twenty-second, eighteen hundred
and seventy-one, and by any act hereafter passed by the
general assembly of this state, shall be deemed and taken as
the city of Manchester, and the inhabitants of the city of
Manchester, for all purposes for which towns and cities are
incorporated in this commonwealth, shall continue to be one
body politic, in fact and in name, under the style and denomi-
nation of the city of Manchester, and, as such, shall have,
exercise, and enjoy all the rights, immunities, powers, and
privileges, and be subject to all the duties and obligations
now incumbent and pertaining to said city as a municipal
incorporation. That all property, real and personal, owned
by and belonging to the town of Manchester, shall pass to
and be held by the city of Manchester in the same manner
and subject to the same trust as the same is now held by the
trustees of the town of Manchester; and the said city of
Manchester shall be responsible for all liabilities and obliga-
tions of the trustees of the town of Manchester. Said city
and its inhabitants shall be exempt from all assessments of
vies, in the way of taxes, imposed y the board of super-
isors of Chesterfield county, or any other authorities what-
ver in said county, for any purpose whatever, except upon E
roperty in the said county of Chesterfield owned by the
habitants of said city; nor shall the said inhabitants be
able to serve upon juries in said county, except in cases
specially provided by law: provided, however, that the said c
ity of Manchester shall contribute its due proportion to the *
ayment of all debts due and liabilities heretofore contracted
r incurred by the county of Chesterfield. And whenever —
he board of supervisors of said county shall notify the mayor
f said city, in writing, that any debt or habiaty now exist-
Ng upon said county is due, and payment of the same has
yeen demanded, it shall be the duty of the common council c
f said city to provide in their next annual levy for taxes ¥
ipon said city, a sufficient sum of money to pay the propor- >
ionable share of said city’s liability for the particular debt
or debts specified in said notice. The last assessment for p
ounty and state purposes made in said county prior to the 4
passage of this act shall be the basis of contribution between
said city and county in the adjustment of any such liability.
Any sum or sums of money required of said city as afore- 5
said by the board of supervisors of said county, shall be paid .
out of the treasury of said city upon & warrant drawn upon
said treasury by the president of said board of supervisors,
under the order of said board, and endorsed by the mayor of
said city upon the order of the common council.

2. The city shall consist of four wards, whose names and y
bounds shall be as follows: First ward, containing all that
portion of the city lying below or on the eastern side of Sev-
enth street; Second ward, containing all that portion of the
city lying between Seventh street and Tenth street; Third
ward, containing that portion of the city lying on the south-
ern side of Hull street and western side of Tenth street;
Fourth ward, containing all that portion of the city lying
on the northern side of Hull street and western side of
Tenth street, extending to the limits of the corporation.
The boundaries of said wards may be altered by a vote of
three-fourths of the members of the council.

3. The administration and government of the city shall 1
be vested in one principal officer, to be styled the mayor, one §
board, to be called the council of the city of Manchester, and «
in such other boards and officers as are hereinafter mentioned
or may be provided for by the council.

4, There shall be elected by the qualified voters of the city 4
of Manchester, a commonwealth’s attorney, a commissioner ©
of the revenue, and a city sergeant, whose term shall be two g
years, a treasurer and a constable, Ghose terms shall be }
three years, a mayor, whose term shall be two years, and ae
clerk of the court of hustings, whose term shall be six years, }
There shall be elected by the qualified voters of each ward, ¢

one justice of the peace, who shall be a resident of the ward, J

and whose term of office shall be two years, and annually, f
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one member of the cif¥ council, who shall be a resident of
the ward, whose term shall be three years: provided, that at
the election held on the fourth Thursday in May next, there
shall be elected three councilmen frem each ward, whose
terms shall be one, two, and three years, respectively. All
elections for city officers, whether for regular terms or to fill
vacancies, shall be held on the fourth Thursday in May; and
the officers then elected shall enter upon the duties of their
offices on the first day of July following, and hold office until
their successors are duly elected and qualified, unless sooner
removed from office. Said elections shall be conducted under
the provisions of the general election laws of the state.
When two or more persons are to be elected to the same
office, the several persons to the number required to be
chosen, having the highest number of votes, shall be declared
elected. ‘

5. If it shall appear by said election returns, at any elec-
tion, that any municipal officer haa not been elected, or if
any person elected to a municipal office shall refuse to accept
said office, the council shall elect such officer or officers, either
from the candidates or from the citizens qualified to hold
office, or, if it shall appear by said election returns that any
such officer shall not have been elected by reason of two or
more candidates having received an equal number of votes,
the council shall elect such officer from among said candidates,
and such officer or officers shall, after being qualified accord-
ing to lawghold such office or offices until their successors
shall be elected and qualified.

6. In case a vacancy shall occur in any municipal office,
the city council shall elect a qualified person to fill said office,
who shall hold his office until the vacancy is supplied by a
regular election for the unexpired term at the next general
election in May, and until lis successor is qualified.

7. The mayor and all other municipal officers of said city,

‘ before entering upon the duties of their respective offices,

shall be respectively sworn in accordance with the laws of
this state. Such oaths may be administered by the judge of
the court of hustings, by the clerk of said court, or by a
notary public duly qualified. If any person elected or ap-
pointed to any office in said city shall neglect to take such
oath for thirty days after receiving notice of his election or
appointment, or shall, for the like space of time, neglect to
give such securities as may be required of him by the coun-
cil, or by any law or ordinance, he shall be considered as
having declined such office, and the same be deemed and de-
clared vacant; and whenever any such vacancy shall occur,
another election or appointment shall be made by the coun-
cil, and the person 3¥ elected or appointed shall hold said
office until his successor shall be elected and qualified.

8. The council shall, by ordinance, provide for any irregu-
lur election not herein provided for, and appoint the neces-
sary officers to conduct the same.

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9. It shall be the duty of the mayor to communicate to the
ity council annually, as soom as may be after the commence-
.ent of the fiscal year, and oftener, if he shall deem it expe-
ient or be required by said council, a general statement of
he situation and condition of the city in relation to its gov-
rnment, finances, and improvements, with such recommenda-
ions as he may deem proper.

10. He shall see that the ordinances of the city council are
aithfully executed, and that all offenders or violators of such
rdinances are punished as directed by such ordinances. He
hall, by virtue of his office, possess all the authority in
riminal and civil cases of a justice of the peace of the said
ity, in addition to the powers given to him by virtue of this
ct, or that may hereafter be given to him by virtue of any
ther act of assembly; but all fees received by him for his
ervices as such. justice of the peace shall be paid by him
nto the city treasury.

11. He shall exercise a constant supervision over, and shall

ee that the duties of the various city officers are faithfully
serformed. He shall have power to investigate their acts,
have access to all books and documents in their offices, and
may examine them and their subordinates on oath; the evi-
Jence given by persons so examined, shall not be used against
them in any criminal proceedings. He shall also have power
to suspend or remove such officers, whether they be elected
or appointed, for misconduct in office or neglect of duty, to
be specified in the order of suspension or removal, but no
such removal shall be made without reasonable notice to the
officer complained of and an opportunity afforded him to be
heard in his defence. On the removal or suspension of such
officer or officers, the mayor shall report the same, with his
reasons therefor, to the city council at their next stated
meeting.
12. The salary of the mayor shall be one hundred dollars
annually for every thousand inhabitants of the city, or any
fractional part thereof, as determined by any legal census,
payable at stated periods, and he shall receive no other com-
pensation or emolument whatever.

13. In case of the absence or inability of the mayor, the
president of the council shall possess the same powers and

ischarge the municipal duties of the mayor during such
absence or inability.

City Council.

14. The council of the city shall be composed of twelve
members. Each ward shall be represented by an equal num-
ber of councilmen, who shall be residents of their respective
wards and be qualified to hold office. They shall be elected
by the electors of their respective wards, and hold their office
as hereinbefore provided.

15. At its first regular meeting in July in each year, the
city council shall elect one of its members to act as president,
who shall preside at the meetings of the council and continue
4

in said office one year and until his successor is elected, and
when from any cause he shall be absent, the council shall
elect a president pro tempore, who shall preside over the
council during such absence. The record of the proceedings
of the council shall be signed by. the officer presiding when
said record is read and approved. The president shall have

ower to call a meeting of the council whenever he deems
it necessary; and, in case of his absence, or inability or re-
fusal, the council may be convened by the order, in writing,
of any three members of the council. The city council shall
by ordinance or resolution, fix the time for their stated meet-
ings; and no business shall be transacted at a special meeting

but that for which it shall be called.

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16. The city council shall have authority to adopt such
rules, and appoint such officers, committees, or clerks, as they
may deem proper for the regulation of their proceedings and
for the convenent transaction of business; to compel the at-
tendance of absent members; to punish its members for dis-
orderly behavior; and by a vote of three-fourths of the whole
council, to expel a magmber for malfeasance or misfeasance in
office, or gross neglect of official duty. They shall keep a
record-book, in which their’ clerk shall record the proceed-
ings of the council, and keep the same properly indexed.
The meetings of the council shall be open, except when the
public welfare shall require secrecy.

17. A majority of the members of the council shall consti-
tute a quorum for the transaction of business; but on all
ordinances or resolutions appropriating money exceeding the
sum of five hundred dollars, imposing taxes, or authorizing
the borrowing of money, at least seven members shall con-
cur, and the yeas and nays shall be entered upon the record;
and at the request of any member present, the yeas and nays
on any question put, shall be taken and entered upon the
record. No vote or question decided at a stated meeting
shall be rescinded at a special meeting, unless there be at
least ten members present and seven of them shall concur.

18. The city council shall grant and pay to all city officers,
clerks, and assistants, elected or appointed under or in pur-
suance of this act, such salaries or compensation as the said
city council may from time to time deem proper, or shall be
fixed by this or any other act of assembly hereafter enacted.

19. The council shall have, subject to the provision herein
contained, the control and management of the fiscal and
municipal affairs of the city, and all property, real and per-
sonal, belonging exclusively to said city, as now provided by
law, and may make such ordinances, orders, and by-laws re-
lating to the same as it shall deem proper and necessary.
They shall likewise have the power to make such ordinances,
by-laws, orders, and regulations as they may deem desirable
to carry out the following powers, which are hereby vested
in them:

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I. To establish and regulate markets in and for said city;
appoint proper officers therefor; to prescribe their duties and
compensation; to prescribe the times and places for holding
the same; keep in order suitable buildings therefor; to adopt
and enforce such rules and ordinances respecting said mar-
kets as, in their opinion, the convenience or interest of the
inhabitants of said city shall require, and adopt such rules
and ordinances as may be necessary to regulate or prevent
huckstering, forestalling, and regrating.

Workhouse, Poorhouse, &c.

II. To erect or provide, in or near the city, suitable work-
houses, houses of correction or reformation, and houses for
the reception and maintenance of the poor and destitute.
They shall possess and exercise exclusive authority over all
persons within the limits of the said city receiving or entitled
to the benefits of the poor laws, appoint officers and other
persons connected with the aforesaid institution, fix their
compensation, and regulate pauperism within the city; and
the council, through the agencies it shall appoint for the direc-
tion and management of the poor of the city, shall exercise
the powers and perform the duties vested by law in the over-
seers of the poor.

Public Buildings and Grounds.

III. To erect and keep in order all public buildings neces-
sary or proper for said city; to open, regulate, and ornament
public squares and parks in or near the city.

City Prison.

IV. To provide, within said city, a city prison; and said
prison may contain such apartments as shall be necessary or
proper for the safe-keeping of all persons confined therein.

Water-works and Gas-works.

V. To establish or enlarge water-works and gas-works
within or without the limits of the said city; contract and
agree with the owners of any land for.the use or purchase
thereof, or may have the same condemned for the location,
extension, or enlargement of their said works, the pipes con-
nected therewith, or any of the fixtures or appurtenances
thereof. They shall have power. to protect from injury, by
adequate penalties, the said works, pipes, fixtures, and lands,
or anything connected therewith, within or without the limits
of said city, and to prevent the pollution of the water in the
river, by prohibiting the throwing of filth or offensive matter
therein above the said water-works, within one mile above
the dam or feeder leading to the present water-works, or any
that may be hereafter established.
VI. To establish, construct, and keep in order, alter, or
remove landings, wharves, and docks on lands belonging to
or which may hereafter belong to said city, and to lay and
collect a reasonable duty on vessels coming to and using the
same; to prevent and remove all obstructions in and upon
such landings, wharves, and docks; to preserve peace and
good order upon the same, and upon all other wharves and
landings in said city. They may also appoint port wardens
for the port of said city, prescribe their duties and fix their
fees or compensation.

Streets and Alleys.

VII. To close or extend, widen or narrow, lay out, gradu-
ate, curb, and pave, and otherwise improve streets, side-walks.
and public alleys in the city, and have them kept in good
order and properly lighted; and over any street or alley in
the city which has been or may be ceded or conveyed to the
city by proper deed, they shall have like power and authority
as over other streets and alleys; they may build bridges in
and culverts under said streets, and may prevent or remove
any structure, obstruction, or encroachment over or under
or in any street, side-walk, or alley, avenue or public square
in said city, and may permit shade trees to be planted along
safd streets; but no company shall occupy with its works.
or any appurtenances thereof, the streets, side-walks, or
alleys of the city, without the consent of the council, duly
entered upon its record. In the meantime, no order shall be
made and no injunction shall be awarded by any court or
judge to stay the proceedings of the city in the prosecution
of their work, unless it be manifest that they, their officers,
agents, or servants, are transcending the authority given
them by this act, and that the interposition of the court is
necessary to prevent injury that cannot be adequately com-
pensated in damages.

Railways.

VIII. To authorize the laying down of city railway tracks
and the running of cars thereon in the streets of the city,
under such regulations as they may prescribe.

IX. To determine and desigaate the route and grade of
any railroad to be laid in said city, and to restrain and regu-
late the rate of speed of locomotives, engines, and cars upon
the railroads within the said city, and may wholly exclude
said engines or cars, if they please, provided no contract be
thereby violated.

Vehicles.

X. To regulate and prescribe the breadth of tires upon the
wheels of wagons, carts, and vehicles of heavy draught used
upon the streets of said city: provided, however, that this
section shall not apply to vehicles coming into and not owned
in said city.

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XI. To require spirituous liquors, wine, oil, molasses, vine-
gar, and spirrts of turpentine, in casks, to be gauged and
inspected; to make provision for and regulate the weighing
of hay, fodder, oats, shucks, or other long forage; to provide
for measuring corn, oats, grain, potatoes, coal, stone, wood,
lumber, boards, and other articles for sale or barter.

XII. Torequire every merchant, retailer, trader, and dealer
in merchandize or property of any description which is sold
by measure or weight, to cause their weights and measures
to be sealed by the city sealer, and to be-subject to his inspec-
tion, and may impose penalties for any violation of any such
ordinance.

Military Companies, Schools, cc.

XIII. To grant aid to military companies and regiments
organized within the city; to societies or associations for the
advancement of agriculture and the mechanic arts; to scien-
tific, literary, and benevolent societies, provided such socie-
ties or associations are located in or near the city, or, in the
cease of agricultural societies, shall hold their fairs in or near
the city; and to provide or aid in support of public libraries
and public schools.

Contagious Diseases.

XIV. Tosecure the inhabitants from contagious, infectious,
or other dangerous diseases; to establish, erect, and regulate
hospitals; to provide for and force the removal of patients to
said hospitals.

Board of Health.

XV. To appoint and organize a board of health for said
city, with aut ority for its government and support, and for
the prompt and efficient performance of its duties.

Burial Grounds.

XVI: To provide, in or near the said city, lands to be ap-
ropriated, improved, and rept inj; order as places: forthe
urial of the dead;.and. may charge for the use of pround-in
said places:pf: bnrialpand may regulate the sano}! may -reya
late the: buriall of ithe dead: the burial prounds'within the
city, or prevent the same 'ientirely;; ‘and! may :requiro’ the
Keepingiand: rete bfibills!-of mortality by the kedpérs /or

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XVIII. To require and compel the abatement and removal
of all nuisances within said city, at the expense of the person
or persons causing the same, or owner or owners of the ground
whereon the same shallbe. To regulate and prevent slaughter.

1. houses, soap and candle factories, or the prosecution of any
dangerous, Offensive, or unhealthy business, trade, or employ-

m ment therein; and to regulate the transportation of coal and

* other articles through the streets of said city.

er XIX. If any ground in the said city shall be subject to be

= covered by stagnant water, or if the owner or owners, occu-
pier or occupiers thereof shall permit any offensive or un-
wholesome substance to remain or accumulate thereon, the
council may cause such ground to be filled up, raised, or
drained, or may cause such substance to be covered or re-
moved therefrom, and may collect the expense of so doing
from the said owner or owners, occupier or occupiers, or any
of them, by distress and sale, in the same manner in which
taxes levied upon real estate for the benefit of said city are
authorized to be collected: provided, that reasonable notice
shall be first given to the said owners or their agents. In
case of non-resident owners who have no agent in said city,
such notice may be given by publication once a week for not
less than four weeks in any newspaper published in said city
or in the city of Richmond.

XX. To direct the location of all buildings for storing gun-

* powder or other combustible substances, and to regulate the
sale and use of gun-powder or fire-crackers, or fire-works
repared therefrom, kerosene oil, nitro-glycerine, camphene,
¢ burning fluid, or other combustible material; to regulate or
prevent the exhibition of fire-works, the discharge of fire-
arms, the use of candles or lights in barns, stables, and other
buildings, and to restrain the making of bonfires in streets
and yards.
- XXII. To prevent hogs, dogs, and other animals from run-
> ning at large in the city, and may subject the same to such
confiscations, regulations, and taxes as they may deem proper;
and the council may prohibit the raising or keeping of hogs
in the city.
ng XXII. To prevent the riding or driving of horses or other
animals at an improper speed, the throwing of stones, or the
engaging in any employments or sports on the streets, side-
walks, or public alleys dangerous or annoying to passengers,
- and to prohibit and punish the abuse or cruel treatment of
horses or other animals in said city.

XXIII. To restrain and punish drunkards, vagrants, and

2 street beggars; to prevent vice and immorality; to preserve

ty public peace and good order; to prevent and quell riots, dis-
turbances, and disorderly assemblages; to suppress houses of

. ill-fame and gambling houses; to prevent and punish lewd,
indecent, and disorderly conduct or exhibitions in said city;
and to expel therefrom persons guilty of such conduct who
have not resided therein as much as one year.

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XXIV. To prevent, forbid, and punish the selling or giving 1
away of liquors and intoxicating drinks, to be drunk in any !
place not daly licensed, and the selling or giving to be drunk a
any intoxicating liquor to any child or minor, without the «
consent, in writing, of his or her parents or guardian, and to
require persons selling intoxicating liquors to keep for sale
malt liquors; and for any violation of any such ordinance,
may impose fines in addition to those prescribed by the laws
of the state.

XXV. To prevent the coming into the city from beyond 8
the limits of the state, of persons having no ostensible means £
of support, or of persons who may be dangerous to the peace =
and safety of the city, and for this purpose require any rail- %
road company, or the captain or master of any vessel bring- *
ing such passengers to Manchester, to enter into bond, with
satisfactory security, that such persons shall not become =
chargeable to the city for one year, or may compel such «
company, captain, or master to take them back whence they ;,
came, and compel the persons to leave the city, if they have
not been in the city more than thirty days before the order
is given.

0. Where, by the provisions of this act, the city council p
have authority to pass ordinances on any subject, they may “
prescribe any penalty, not exceeding five hundred dollars, ti
Coxcept where a penalty is herein otherwise provided for,) ”

or a violation thereof, and may provide that the offender, ,
on failing to pay the penalty recovered, shall be imprisoned 1,
in the jail of said city for a term not exceeding three calendar °
months, which penalties may be prosecuted and recovered,
with costs, in the name of the city of Manchester; and the
city council may subject the parent or guardian of any minor, ¥
or the master or mistress of any apprentice, to any such §
penalty for any such offence committed by such minor or
apprentice.

21. No ordinance hereafter passed by the city council, for r
the violation of which any penalty 18 imposed, shall take °
effect until the same shall have been published for five days
successively in one or more of the daily newspapers published
in said city or in the city of Richmond, or by posters in said
city, to be designated By said council. A record or entry
made by the clerk of said city, or a copy of such record or
entry, duly certified by him, shall be prima facie evidence of
the time of such first publication; and all laws, regulations, &
and ordinanees of the city council may be read in evidence
in all courts of justice, and in all proceedings before any =
officer, body, or board in which it shall be necessary to refer
thereto, either from a copy thereof, certified by the clerk of
said city, or from the volume of ordinances printed by au-
thority of the city council.

22. The council shall not take or use any private property c
for streeta, or other public purposes, without making to the f
owner or owners thereof just compensation for the same. r
But in all cases where the said city cannot, by agreement, °
Encroachments 23. In every case where a street in said city has been or
on streets; bow shall be encroached upon by any fence, building, or other-
wise, the city council may require the owner or owners, if
known, and if unknown, the occupant or occupants of the
premises so encroaching, to remove the same. If such re-
moval shall not be made within the time ordered by the
Penalty council, they may impose a penalty of five dollars for each
and every day that it is allowed to continue thereafter, and
may cause the encroachment to be removed and collect from
the owner all reasonable charges therefor, with costs, by the
same processes by which they are hereinafter empowered to
collect taxes. No encroachment upon any street, however
long continued, shall constitute an adverse possession to or
confer any rights upon the person claiming thereunder as
against said city.

How streetsand. 24. Whenever any street, alley, or lane in said city shall
ee have been opened to and used as such by the public for the
_ period of five years, the same shall thereby become a street,
alley, or lane for public purposes, and the council shall have
the same authority and jurisdiction over and right aud inter-
est therein as they have by law over the streets, alleys, and
lanes laid out by them; and any street or alley reserved in
the division or subdivision into lots of any portion of the
territory within the corporate limits of said city, by a plan
or plot ef records, shall be deemed and held to be dedicated
to public use, unless it appears by said record that the street
Power toopen OF alley so reserved is designated for private use; but upon
ircfor pubis ® petition of a majority of the persons interested therein, the
use conneil shall have power to open the same for the use of the

public. °
How expenseot 26. Whenever any new street shall be laid out, a street
cPeiiceine graded or paved, a culvert built, or any other public improve-
provementato ment whatsoever made, the city council may determine what
portion, if any, of the expense thereof ought to be paid from
the public treasury and what portion by the owners of the
real estate benefitted, or may order and direct that the whole
expense be assessed upon the owners of the real estate bene-
Petition of pro- fitted thereby; but no such public improvement shall be
Perty ced tefore MAAC, to be defrayed in whole or in part by a local assese-
improvement is ment, until first requested by a petition signed by at least a
° majority of the owners of property to be assessed for such
improvement, or unless three-fourths of all the council shall
concur in votin any improvement to be expedient, or in de-
Power to collect *@T mining to make the same after allegations have been heard,
local assess- iD which case no petition or request shall be necessary. The

provements council shall have the same powers to collect such local assess-
ments for improvements as are hereinafter vested in them
for the collection of taxens.

26. No member of the city council shall .be a contractor,
either directly or indirectly, for work ordered by the council.

Future Extension of the Corporate Limits.

27. With a view to such future enlargement of the limits
of the city of Manchester as the anticipated increase in popu-
lation may hereafter demand, the council of said city is au-
thorized, at any one or more times after the passage-of this
act, to cause a survey or surveys to be made of contiguous
lands in any one or more or all directions, on the south side
of James river, not exceeding two miles from the limits of
Raid city (as the same now exist or may exist as hereafter
extended), and to cause to be indicated and defined, within
the limits of said survey, the boundary lines of such streets
as it may be deemed proper to embrace within any proposed
fature extension of the city limits. A map of such survey,
plain’y indicating the boundaries of the streets intended to

Jaid off in any such future extension of the corporate
bounds, shall be made. The character of any buildings or
other permanent improvements located within or obstructing
the proposed streets, existing at the time the survey is made,
shall be described on the face of said map. Such proposed
streets shall also be designated by suitable monuments erected
along the same, for the information of all parties concerned.

28. When such survey is approved by the council, a copy
of the map thereof, with a certificate thereto annexed signed
by the president (or some other officer or member of said
council authorized to certify by order thereof), and with a
certificate from the engineer of the city also annexed, setting
forth that the said survey is correct, (which certificates shal
be acknowledged by the parties signing the same as deeds
are required by law to be acknowledged for record,) shall be
recorded, together with such certificates and acknowledg-
ments, in the deed-book of the clerk’s office of the county or
counties within which the lands and streets embraced within
such proposed extension lie; a copy of the same, in like man-
ner certified and acknowledged, shall also be recorded in the
deed-book in the clerk’s office of the hustings court of the
city of Manchester, or in deed-book wherever kept in said
city in which deeds for lands therein are for the time being
recorded.

29. After such survey shall have been made and approved
by the council, and a map thereof recorded, as hereinbefore
provided, all buildings or permanent improvements, not in-
cluding fences, thereafter erected, shall exist at the risk of
the owner of the land and those claiming under him, and the
same may be abated and removed whenever the limits of the
corporation are g0 extended as to embrace them, exempt from
claim for damage or compensation for the loss thereof. A
copy of the map, recorded as is hereinbefore provided, certi-
fied by the clerk or officer having charge of the deed-book in
which the same is recorded, may be used in evidence, and
shall be effectual to prove all matters duly appearing thereon
under this act.

City Officers.

30. There shall be one city treasurer, one city auditor, who
shall also be city clerk, one clerk of the hustings court, one
attorney for the commonwealth, one city sergeant, one com-
missioner of the revenue, one justice oF the peace for each
ward, one constable for the city, and one city engineer.

- 31. The council may appoint such pfficers as they may

' deem proper, in addition to those herein provided for, and

define their powers and prescribe their duties and compensa-

tion, unless otherwise provided in this act, and may take
from any of the officers appointed, bonds, with sureties in
syeh penalties ag to the council may seem fit, payable to the
city by its corporate name, with condition for the faithfal

performance of their duties. All officers appointed by the

- council may be removed from office at its pleasure, except
where the term of office is fixed by this act.

. 32. The parties to bonds taken in pursuance of the provisions
of this act, their heirs, devisees, executors, and administrators,
shall be subject to the same proceedings on said bonds for
enforcing the terms and conditions thereof, by motion or
otherwise, before the circuit court for the city of Manchester,
or the corporation or hustings court of said city, or any other
court held in said city which may succeed to their civil com-
mon law jurisdiction, that collectors of the county levy and
their sureties are or shall be subject to on their bonds for
enforcing the payment of the county levies. The city treasu-
rer, commissioner of the revenue, and the city sergeant may
each appoint one or more deputies, to be approved by the
city council; but the sureties on the bonds of said officers
shall be equally liable for the acts of the deputies as for those
of their principals.

City Treasurer.

33. The city treasurer shall give bond, with sureties in the
a penalty of double the amount likely to come into his hands
as such treasurer during any one year of his term of office,
but in no case to be less than twenty-five thousand dollars;
said bond to be approved by the city council and filed in the
- office of the city clerk. He shall perform such duties, have
such powers, and be liable to such penalties as are now or
may hereafter be prescribed by laws or ordinances. The
compensation of said city treasurer for all services rendered
to the said city shall be fixed by the city council at such
- amount as to the said council may seem fit. No person shall
be qualified to enter upon a second term of office as treasurer
until he has made settlement of the accounts of his previous
term.

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34. The said treasurer shall receive all money belonging 1
to the city, and shall keep his office in some convenient place
in the city. He shall keep his books and accounts in such g
manner as the city council may prescribe, and such books 9
and accounts shall always be subject to the inspection of the ,
mayor and any member of the city council, or any committee iz
or committees thereof. "

35. No money shall be paid out by the treasurer, except F
upon a warrant of the auditor, countersigned by the presi- >
dent of the couneil; and he shall keep a separate account of
each fund or appropriation, and the debits and credits be-
longing thereto. -

- 36. All. money to be paid into the treasury of the city, E
except taxes, rents, and such other assessments as the city P
council may so ordain, shall be paid by the person liable to
pay the same, or his agents, to the treasurer, in the following
manner: a warrant shall first be obtained from the auditor
directing the treasurer to receive the sum to be paid, speci-
fying on what account the payment is to be made; upon the
payment of the money to the treasurer, he shall give a re-
ceipt for the same, which shall be carried to the auditor, and
his receipt therefor shall be the acquittance of the party
making the payment.

7 The troasurer shall also report to the city council, at 5
the end of each fiscal year, and oftener if required, a full and 5
detailed account of all receipts and expenditures during the
preceding fiscal year, and the state of the treasury. He shall p
also keep a register of all warrants, their date, amount, num- *
ber, the fund from which paid, and the person to whom paid,
specifying also the time of payment. The warrants shall be

aid in the order respectively in which they are presented, “
fom the specific fund upon which they are respectively
drawn, and all such warrants shall be examined at the time
of making such report to the city council by a committee
thereof, who shall examine and compare the same with the
books of the auditor, and report discrepancies, if any, to the
city council.

38. The treasurer shall collect all taxes and assessments P
which may be levied by said city, and all other revenues, §;
and perform such other duties as may be herein prescribed
or ordained by the city council.

39. It shall be the duty of the treasurer to collect all rents p
accruing from the use of water power, hydrants, or from >
other sources, as they become due, according to bills farnished
him by the auditor.

40. All moneys received on any special assessment shall g
be held by the treasurer as a special fund, to be applied to
the payment for which the assessment was made, and said
money shall be used for no other purpose whatever.

41. The treasurer may be required to keep all moneys in n
his hands belonging to the city in such place or places of *
deposit as the city council may by ordinance provide, order,
establish, or direct. Such moneys shall be kept separate and
m his own moneys, and he is hereby expressly
from using, either directly or indirectly, the cor-
oney or warrants in his custody or keeping for
e and benefit, or that of any person or persons
; nor shall he, either directly or indirectly, con-
purchase any warrant or order drawn upon the
ry, or payable out of the same, at any. discount
pon the sum due upon such warrant or order; and
30 contract for or purchase. any such warrant or
hall not be allowed, in his annual settlement, the
said warrant or order, or any part thereof, and
on of the provisions of this section shall subject
ediate removal from office.

Auditor and Clerk.

e shall be one auditor, who shall also be clerk,
by the city council, who shall hold his office for
3 and until his successor shall be appointed and
inless sooner removed from office by the city

said auditor shall open and keep, in a neat and
manner, a complete set of books, under the direc-
city council, wherein shall be stated, among ot
appropriations of the year for each distinct o
‘anch of expenditure, and also the receipts from
very source of revenue, so far as he can ascertain
said books, and all papers, vouchers, contracts,
ipts, and other things kept in said office, shall be
he examination of the mayor, the members of the
|, or any committee or committees thereof.

said auditor shall be charged with and exercise a
yervision over all the officers of the city charged
ner with the receipts, collection, or disbursement
‘revenues, and the collection and return of such
to the city treasury. He shall have charge of all
tgages, contracts, judgments, notes, bonds, debts
ction belonging to the said city, and such other
ay be committed to his care by the city council
ce or otherwise.

said clerk shall attend the meetings of the city
keep a record of its proceedings. He shall have
the corporate seal. It shall also be his duty, im-
fier the close of each session of the city council,
d present to the mayor a transcript of every ordi-
lution, and order concerning any public improve-
r the payment of money, and every ordinance,
order, and act of a legislative character passed by
uncil at such session. He shall, in like manner,
the treasurer a transcript of all ordinances, reso-
orders appropriating money, or authorizing the
"money, or the issue of bonds or notes. He shail,
ner, give notice to parties presenting communica-

tions or petitions to the city council of the final action of the
council on such communications or petitions. He shall pub-
lish such reports and ordinances as the city council are re-
quired by this act to publish, and such other-reports and
ordinances as they may direct, and shall in general perform
such other acts and duties as the city council may from time
to time require of him.

Clerk of the Hustings Court.

46. The clerk of the court of hustings shall receive, in
compensation for his services, the fees and emoluments
allowed by law to clerks, and such allowance as the city
council may from time to time deem just and proper.

Commonwealth's Attorney.

47. The commonwealth’s attorney shall prosecute in all
cases in the hustings court of the city of Manchester, and
shall receive such compensation for his services as may be
prescribed by law, and such salary as may be fixed by the
city council.

Commissioner of the Revenue.

48. The commissioner of the revenue shall give bond, with
securities to such an amount as the council may direct, not
ex@eding five thousand dollars; said bond to be approved by
the council, entered on their record, and filed in the office of
the city auditor.

49. The said commissioner of the revenue shall perform all
the duties in relation to the assessment of property for the
purpose of levying the city taxes that may be ordered by the
city council. He shall keep his office in some convenient
place in the said city, and shall keep therein such books,
schedules, and records, and in such manner as the mayor and
city council may direct and prescribe; which books, records,
and other papers shall be subject to the inspection and ex-
amination of the mayor, the members of the city council, or
any committee or committees thereof, and of the collector of
city taxes. :

50. To aid the commissioner of the revenue in his duties,
the clerks of the several courts of the city of Manchester
and of the county of Chesterfield, shall, as required, ‘deliver
to him such lists as are mentioned in the seventh and eighth
sections of the thirty-fifth chapter of the Code of Virginia,
eighteen hundred and sixty, as far as may relate to lands in
said city. .

51. As soon sa said commissioner of the revenue shall
have ascertained the value of all the real and personal prop-
erty taxable in said city, he shall make complete schedules
of the same, and leave them in his office, open to the inspec-
tion and examination of all persons interested therein; and
he shall give notice, by six days’ publication in one or more
of the daily newspapers in said city or the city of Richmond,
ee, when and where such inspection and
ye made. Such schedules shall be kept
i of ten days from the time of the first
_ notice, so that any person feeling ag-
sment of his or her property may appear
‘objection. The said commissioner of the
and consider all objections which may be
ve power to alter, add to, take from, and
and revise his assessment; and he shall
mine any person on oath as to the value
perty, and also to examine, under oath,
| a8 witnesses in relation thereto as he
and for that purpose may administer
who shall refuse to make, under oath,-a
I the facts necessary to enable said com-
venue to make a fair and just assessment
able property, when duly called upon b
yf the revenue so to do, or to answer suc
e put to him in relation thereto, shall be
m, in the judgment of the commissioner
ble the correct assessment of his personal

City Sergeant.

reant, who shall attend the terms of@the
yr said city and act as the officer thereof,
uch other duties as may be prescribed and
y council, and shall receive such compen-
he council shall determine. He shall be
y taxes placed in his hands by the city
1at purpose shall have all the powers and
ubject to the same liabilities and penalties
r township collectors in the collection of
nty levies, and may be proceeded against
, 80 far as applicable and not inconsistent
1 of this act. He shall pay over to the
the treasury of the city, as may be pre-
e) weekly, or oftener, if he thinks proper,
ay come into his hands for taxes, or other-
he said city. He shall report to the coun-
each stated meeting, the amount of all
y him for the city and paid over as herein
ntering upon the duties of his office as
yy taxes, he shall enter into bond, with
roved by the council, in a penalty double
to come into his hands as such collector
r of his term of office, but in no case to
usand dollars; said bond to be payable to
ster, and conditioned for the faithful dis-
os Of said office, and shall be entered on
couneil, and the original shall be filed in
y clerk.
there shall be set apart annually, for thirty-four years, or un-

til the debt is paid, a sum not iis than one per centum of

the amount of such debt, in addition to the annual interest
agreed to be paid thereon, which sum shall be applied and
invested towards the payment of such debt. The bonded

' debt of the city shall not be more than twenty per cent. of
the value of the real estate thereof.

58. The city council may grant or refuse licenses, and may
require taxes to be paid on such licenses to agents of insu-
rance companies whose principal office is not located in said
city; to auctioneers; to public theatricals or other perform-
ances or shows; to keepers of billiard tables, ten-pin alleys.
and pistol galleries; to hawkers and pedlers in the city, or
persons to sell goods by sample therein; to agents for the
sale or renting of real estate; to commission merchants, and
all other business which cannot be reached by the advalorem
system. They may also grant or refuse such license to all
sellers of wine or spirituous or fermented liquors, and re-
quire taxes to be paid on such licenses, in addition to other
taxes imposed.

59. The council may grant or refuse licenses to owners or
keepers of wagons, drays, carts, hacks, and other wheeled
carriages kept or employed in the city for hire, and may re-
quire the owners or keepers of wagons, drays and carts,
using them in the city, to take out a license therefor, and
may assess and require taxes to be paid thereon, and subject
the same to such regulations as they may deem proper, and
may prescribe their fees and compensation.

60. All goods and chattels, wheresoever found, may be dis-
trained and sold for taxes assessed and due thereon; and no
deed of trust or mortgage upon goods or chattels shall pre-
vent the same from being distrained and sold for taxes as-
sessed against the grantor in such deed while such goods and
chattels remain in the grantor’s possession; nor shall any
such deed prevent the goods sel chattels conveyed from
being distrained and sold for taxes assessed thereon, no mat-
ter in whose possession they may be found.

61. Any payment of taxes made by the tenant, unless

at under an express contract contained in his lease, shall be a

credit against the person to whom he owes the rent; and
. where any tax is paid by a fiduciary on the interest or profit
. of moneys of an estate invested under an order of court or
f otherwise, the tax shall be refunded out of such estate.

62. The council may vest in the treasurer, as cullector of
the city taxes and of assessments for the use of water, gas,
or other purposes, any or all of the powers which are now
or may hereafter be vested in a sheriff as colleotor of the
State taxes; may prescribe the mode of his proceeding and
the mode cf proceeding against him for the failure to per-
form his duties. re

63. There shall be a lien on real estate for. city, taxes, as.
assessed thereon from the ¢ommencement of the. year: or
_ Which they, were ‘assessed. ‘The ‘City, conneil, may, reqnire

0

“4
real estate in the city delinquent for the non-payment of
taxes to be sold for said taxes, with interest thereon at the
rate of twelve per centum per annum, and such per centum
as they may prescribe for charges. Such real estate shall be
sold, and may be redeemed in the manner provided by law.

64. The treasurer shall, under the direction of the city
council, cause a notice of the time and place of such sale to
be published in one or more of the daily newspapers pub:
ished in said city, or in the city of Richmond, at least ten
days previous to such sale; and he shall also cause to be
posted in one or more public places, on some day not more
than twenty days nor less than ten days previous to such
sale, a list of the se¥eral parcels of real estate so to be sold,
describing therein each parcel of real estate in the same
manner that the same is described in the assessment rolls in
which the said tax or assessment is imposed thereon, together
with the name of the person to whom each parcel is assessed,
and the amount of the tax or assessment thereon.

65. If such tax or assessment, and the percentage, interest,
and expenses aforesajd, be not paid previous to the day for
which said sale was advertised, or on some day immediately
thereafter, to which said sale may be adjourned, the treasurer
shall proceed to make sale accordingly of the said several
parcels of real estate, or s0 much thereof as may be neces-
sary, to the highest bidder, and the sale may be adjourned
from day to day until it shall be completed. On such sale
the treasurer shall execute to the purchaser a certificate of
sale, in which the property purchased shall be-described and
the aggregate amount of tax or assessment, with charges
and expenses, specified; but the treasurer shall not for him-
sett either directly or indirectly, purchase any real estate so
sold. ,

66. If at any such sale no bid shall be made for any such
parcel of land, or such bid shall not be equal to the tax or
assessment, with interest and charges, then the same shall
be struck off to the city. On such’'sale, the treasurer shall
execute to the city a certificate of sale, in which the pro-
perty purchased shall be described, and the aggregate amount
of tax or assessment, with charges and expenses specified,
and shall deposit such certificate with the auditor.

67. The owner of any real estate so sold, his heirs or as-
signs, or any person having a right to charge such real es-
tate for a debr, may redeem the same by paying to the pur-
chaser, his heirs or assigns, within two years from the sale
thereof, the amount for which the same was sold, and such
additional taxes thereon as may have been paid by the pur-
chaser, his heirs or assigns; or, if purchased by the city,
with such additional sums as would have accrued for taxes
thereon if the same had not been purchased for the city, with
interest on the said purchase money and taxes at the rate of
six per centum per annum, from the time that the same may
have been so paid; or the same may be paid within the said
two years to the city treasurer in any case in which the pur-
chaser, his heirs or assigns, may refuse to receive the same,
or may not reside or cannot be found in the city of Man-
chester. |

68. Any infant, married woman, insane person, or person
imprisoned, whose real estate may have been so sold, or his
heirs, may redeem the same by paying to the purchaser.
his heirs or assigns, within two years after the removal of
the disability, the amount for which the same was so sold,
with the necessary charges incurred by the purchaser, his
heirs or assigns, in obtaining the title under the sale, and
such additional taxes on the estate as may have been paid by
the purchaser, bis heirs or assigns, and the appraised value
of any improvement that may have beer? made thereon, with
interest on the said items at the rate of six per centum per
annum from the time the same may have been paid, after
abating from the amount so paid by such purchaser the
amount of the annual rents of said property and improvements
during the time the same was so held by: him. Upon such
payment within two years after the removal of such disabil-
ity, the purchaser, his heirs or assings, shall, at the cost of
the original owner, his heirs or assigns, convey to him or
them, by deed, with special warranty, the real estate so sold.

69. The purchaser of any real estate sold for taxes and
not redeemed shall, after the expiration of two years from
the sale, obtain from the city auditor a deed conveying the
same, wherein shall be set forth what appears in his office in
relation to the sale. When the purchaser has assigned the
benefit of his purchase, the deed may, with his assent, evi-
denced by his joining therein, or by a writing annexed thereto,
be executed to his assignee. Ifthe purchaser shall have died,
his heirs or assigns may move the court of hustings of said
city to order the auditor to execute a deed to such heirs or
assigns.

70. When the purchaser of any real estate sold for taxes,
his heirs or assigns, shall have obtained a deed therefor, and
within sixty days from the date of such deed shall have caused
the same to be recorded, such estate shall stand vested in the
grantee in such deed as was vested in the party assessed with
the taxes (on account whereof the sale was made) at the
commencement of the year for which the said taxes were
assessed, notwithstanding any irregularity in the proceedings
under which the said grantee claims title, unless such irregu-
larity appear on the face of the proceedings; and if it be
alleged that the taxes, for the non-payment of which the
sale was made, were not in arrears, he party making such.
allegations must establish the truth thereof by proving that
the taxes were paid.

71. In case that’ any real estate, struck off to the city as
hereinbefore provided, shall not be redeemed within the time
specified, the city auditor, or such officers as may be designa-
ted by the city council, shall, within sixty days after the ex-
piration of two yoars from the sale, cause to be recorded
such certificate of sale, with his oath that the same has not
been redeemed, and thereupon the said corporation, or their
assignees, shall acquire an absolute title to the same in fee.
The said certificate may be acknowledged or proved and re-
corded in the same manner that deeds are recorded, and the
said certificate, or the record thereof, or a copy of said record
duly authenticated, shall, in all courts and places, be pre-
sumptive evidence of the facts therein stated, and of the reg-
ularity and correctness of such sale, and of all proceedings
prior thereto.

Police and Fire Department.

72. The police department of the city of Manchester shall
be under the general control and management of police com-
missioners thtreof, who shall consist of the mayor and four
members of the council, chosen by the council, and shall con-
stitute a board of police commissioners for said city, of which
board the mayor shall be president, and shall havo a casting
vote. Any three of said commissioners shall form a quorum
for transacting business, except the appointment or dismissal
of members of the police force herein otherwise directed ;
said board may adopt rules and by-laws for the government
thereof, and also may establish, promulgate, and enforce
proper rules, regulations, and orders for the good govern-
ment and discipline of said police force: provided, that said
rules, regulations, and orders shall not in any way conflict
with any ordinance of the city council, or any of the provi-
sions of this act, or the constitution and laws of this state or
of the United States.

73. It shall be the duty of said police commissioners to
select from among the electors of said city, and by a vote of
at least three-fifths of said board, appoint, by warrant of ap-
pointment bearing the signatares of said commissioners, to
be immediately filed with the city clerk, s0 many policemen,
officers, and patrolmen as may be authorized by the city
council; and said board shall also appoint one chief of police,
through whom said board may promulgate all rules, regula-
tions, and orders to the whole force, and who shall have im-
mediate control and direction of said force, subject, however,
at all times, to the rules, regulations, and orders of said board,
and to the orders of the mayor: provided, that the orders of
the said single commissioner do not conflict with the rules,
regulations, or orders of said board then in force; and said
chief and each policeman of said police force, appointed in
manner as aforesaid, may hold his respective office for tho
term of two years, or until the said board, by the unanimous
vote of its members, shall remove him; but in case of mis-
conduct on the part of such chief or any member of said
police force, then he may be removed by the decision of a
majority of said board, as hereinafter provided.

74. In times of exigency the said commissioners, or a ma-
jority of them, or any one of them, if the others be absent
from the city or unable to act, may appoint temporarily,
without authority from the city council, a suitable number
81. The said board of police commissioners is hereby au- 1
thorized and required to make an investigation into the ori- *
gin and cause of every fire occurring in the city of Manches-
ter, and for that purpose said commissioners are hereby
invested with full power to summon before them any person
or persons they may deem proper, to administer oaths to the
same, to compel their attendance, and to examine them
concerning said fires, and immediately after such inquisition
they shall report the facts ascertained to the city council.

82. The city council shall have power to ordain and en- RB
force such rules and regulations as shall be necessary and y,
proper to prevent accidents by fire within the said city, or
to secure the inhabitants thereof and their property from
injury thereby, and to provide for the organization, equip-
ment and government of fire companies in said city, and to F
purchase and Keep in order hand and steam fire engines and ¢
other necessary fire apparatus; also, to appoint and pay the
necessary engineers, firemen and drivers for said engines. ©
They may also make such ordinances as may be necessary p
to compel citizens to render assistance to the fire companies 4
in case of need. They may also appoint a chief engineer, 1
prescribe his duty, and fix his compensation not to exceed C
one hundred dollars per annum.

83. For the purpose of guarding against the calamities of £
fire, the city council may from time to time designate such ¥
portions and parts of the said city as it shall think proper, b
within which no buildings of wood shall be erected, and may
regulate the manner of construction of all buildings. They
may prohibit the erection of wooden buildings in any portion
of the city without permission obtained from them, and shall,
on the petition of the owner or owners of not less than one-
fourth of the ground included in any square of the city, pro-
hibit the erection in such square of any building, or addition
to any building, unless the outer wall thereof be made of
brick and mortar, or stone and mortar, or some other. fire-

roof material; and may provide for the removal of any such
Pnilding or addition which shall be erected contrary to such
prohibition, at the expense of the builder or owner thereof.
And if any building shall have been commenced before said y
petitions can be acted on by the council, or if a building in *
progress appears clearly to be unsafe, the council may have t
such buildings taken down.

84. Whenever any building in the said city shall be on fire, P
it shall be the duty of and be lawful for the chief engineer }
to order and direct such building, or any other building which 4
he may deem hazardous and likely to communicate fire to ™
other buildings, or any part of such buildings, to be pulled
down and destroyed; and no action shall bo maintained »
against any person or against the said city therefor. But
any person interested in any such puting so destroyed or _
injured, may, within three months thereafter, apply to the,
city council to assess and pay the damages he has sustained.

a
At the expiration of the three months, if any such applica-t
tion shall have been made in writing, the city council shall
either pay the said claimant such sum as shall be agreed
upon by them and the said claimant for such damages, or if
no such agreement shall be effected, shall proceed to ascer-
tain the amount of such damages, and shall provide for the
appraisal, assessment, collection, and payment of the same,
in the same manner as is provided for the ascertainment,
assessment, collection, and payment of damages sustained by
the taking of land for purposes of public improvement.

85. The commissioners appointed to appraise and assess
the damages incurred by the said claimant, by the pulling
down or destruction of such building, or any part thereof, by
the direction of the said officers of the city, as above pro-
vided, shall take into account the probability of the same
having been destroyed or injured by fire, if it had not been
80 pulled down or destroyed, and may report that no damages
should equitably be allowed to such claimant. Whenever a
report shall be made, and finally confirmed, in the said pro-
ceedings for appraising and assessing the damages, a compli-
ance with the terms thereof by the city council shall be
deemed a full satisfaction of all said damages of the said
claimant. But any party feeling aggrieved thereby, may ap-
peal to the circuit court for the city of Manchester, which
court, in taking jurisdiction thereof, shall be controlled by
the laws regulating assessment of damages to real estate in
other cases.

General Provisions.

86. The courthouse of the county of Chesterfield, shall re-
main within the city of Manchester, and the courts of said
county be held therein until otherwise provided by law; and
the officers of said courts, or other county officers of said
county, may.reside within the limits of said city so long as
the same shall remain the county seat of said county.

87. All ordinances now in force in said city, not inconsis-
tent with this act, the laws of this state and of the United
States, shall be and remain in force, until altered, amended,
or repealed by said council.

88. All acts and parts of acts in conflict with this act, are
hereby repealed.

89. This act shall be in force from its passage.