Chap. 169.—An ACT to amend and re-enact sections 6, 8, 10, 11, 13,.
20, 21, and 34 of an act entitled an act to amend the charter of the
city of Alexandria, approved February 20, 1871, as amended by an
act approved March 17, 1876.

Approved March 20, 1877.

1. Be it enacted by the general assembly, That sections
six, eight, ten, eleven, thirteen, twenty, twenty-one, and
thirty-four of an act entitled an act to amead the charter of
the city of Alexandria, approved February twenty, eighteen
hundred and seventy-one, amended by an act approved March
seventeen, eighteen hundred and seventy-six, be amended
and re-enacted so as to read as follows:

§6. When any vacancy shall occur in either branch of the
city council, by death, resignation, failure to qualify, or from
any other cause, the branch in which such vacancy occurs,
shall order an election to fill the vacancy until the next reg-
ular election. Kemoval from the ward shall not create a
vacancy.

§ 8. Phe city council shall order an election annually by
the people, on the fourth Thursday of May in each year, for
the following-named officers: auditor of pubic accounts, super-
intendent of gas, clerk of the gas, collector or collectors of
taxes, clerk of the market, attorney for the corporation, super-
intendent of police, gauger of casks and inspector of domcs-
tic liquors, inspector and measurer of wood and bark, and in-
spectors of lumber. Each branch of the city council shall
elect the officers necessary fur the transaction of its legiti-
mate business. All other officers shall be elected by the city
council in joint convention. The city council may take from
any of the officers elected, bonds with sureties, in such pen-
alties as to the city council may seem fit, payable to the city
by its corporate name, with condition for the faithful per-
formance of their duties. And if any officer of whom a bond
is required, fails to give such bond within the time prescribed
by law, his office shall be vacant. Whenever a vacancy shall
occur in any office unier this charter (except members of
the city council), whether by removal from office, death,
resignation, failare to qualify or otherwise, the city council
shall fill the vacancy at the next, or any succeeding meeting,
in joint convention.

§ 10. Every male citizen of the United States, twenty-one:
years old, who shall have been a resident of the state for
twelve months, and of this city for three months next pr2-
ceding auy election, and who is a qualified voter in, anda
resident of the ward in which he offers to vote, and shall
have paid to the state on or before the day of election, the
capitation tax required by law for the preceding year, shall
be entitled to vote on all questions submitted to the people
at such election: provided that no officer, soldier, seaman, or
marine of the United States army or navy, shall be consid-
ered a resident of this city by reason of being stationed here:
and provided also, that the following-named persons shall be
excluded from voting, to-wit: |

First. Idiots and Junatics. ,

Second. Persons convicted of bribery in any election, em-
bezzlement of public money, treason, felony, or petit larceny.

Third. No person who, while a citizen of this state, has,
since the adoption of the constitution, fought a duel with a
deadly weapon, sent or accepted a challenge to fight a duel
with a deadly weapon, either within er beyond the bounda-
ries of this state, or knowingly conveyed a challenge, or aided
or assisted in any manner in fighting a duel, shall be allowed
to vote, or hold any office of honor, profit, or trust under this
charter. ;

§ 11. The members of the common council, elected as afore-
said, or a majority of them, shall, on the first day of July of
each year, assemble themselves at the council chamber, or
any Other place which shall be hereafter fixed for their meet-
ing, and shall choose a member of their own body to be presi-
dent of the said common council, to whom shall be adminis-
tered, by any justice of the peace, for the city of Alexandria,
an oath or affirmation for the faithful performance of the
duties of his office; whereupon the said president shall aqd-
minister the oath of office to the other members of the coun-
cil, and shall have, while they are in session, the same power
which is at present exercised by the president of the present
common council upon like occasions; and shall convene the
common council whenever, in the opinion of four of the mem-
bers, expressed to him in writing, or whenever, in bis opinion,
the good of the city may require it; and the authority of
said common council shall continue one year, or until others
are chosen and qualified in their stead; and all members of
the board of aldermen bolding over and elected as aforesaid,
or any five of them, shall, on the first day of July of each year,
assemble themselves in the chamber of the board of aldermen,
or any other place which may be agreed upon for their meet-
ing, and shall organize in Jike manner with the members of
the common council; and the president of the said board of
aldermen shall have like power, while the said board is in
session, with the president of the common council, and he
shall convene the city council whenever, in the opinion of
two members of each board, expressed to him in writing, or
whenever, in his opinion, the good of the city may require it;
and the authority of said board of aldermen shall continue
until otbers are qualified in their stead, and no longer.

§ 13. The jurisdiction of the sail city council shall extend
to the limits hereinbefore prescribed. The concurrence of a
majority of the whole number ot members of each branch of
the city council shall be necessary for the passage of any
law, order, or resolution, or for repealing, altering, or re-
voking the same, and no bill or act creating a new law, or
amending or altering an existing law, shall be passed at the
same session on which it is presented, unless it shall receive
the votes of three-fourths of the members of each branch of
the city council: provided that when a quorum is present, a
majority of those present shall have power to elect such offi-
cers as may be necessary for the transaction of the business
of each branch of the city council.

§ 20..The collector or collectors of the corporation shall
have power to collect the tax bills, fines, and levies due to
the city ; and the superintendent of gas shall have power to
collect the gas bills due the city, and each shall have power
to distrain and sell therefor, in like manner as the officer
charged with the collection of state revenue, and sball have,
in all other respects, the same powers as such state officers
to enforce the payment and collection thereof; and be or
they.shall be entitled to such compensation as may be allowed
by tbe city council. He and his, or they and their sureties,
shall be liable to all the fines, penalties, and forfeitures that
such state ‘officer is legally liable to for any failure or dere-
liction in office, to be recovered in the same manner, and be-
fore the same courts that said fines, penalties, and forfeitares
are now recovered in against such state officer.

§ 21. The said collector or collectors shall report to the
auditor daily, or whenever the collection in his or their pos-
session shall amount to one hundred dollars or more, and ob-
tain from him a certificate of deposit for the whole amount;
and he or they shall forthwith deposit such amount with the
city treasurer, taking his receipt therefor, which shall be
exhibited to the auditor and countersigned by him, and sub-
mitted to the inspection of the committee of finance of the
city council; and at the end of each fiscal year, he or they
shall submit to the finance committee, a statement of all
moneys by him or them collected during the year, and the
balance of uncollected warrants or bills, in his or their hands,
allowed by the finance committee, shall be returned to the
auditor; and a copy of his or their account shall also be filed
with the auditor of the city, together with an affidavit made
by him or them, that he or they have used due diligence to
find property in the corporation liable to distress for the said
taxes, fines, levies due the city, or rent liable therefor, but
have found none. And any such officer, who shall return
any real estate, persons, or property as delinquents, when he
had either found or by the use of due diligence might have
found property within the corporation liable to distress for
the taxes, fines, or levies, or rent liable therefor, for which
such real estate, persons, or property are returned delinquent,
shall forfeit to the city council of Alexardria a sum equal to
the amouut of the said taxes, fines, or levies, to be recovered,
by motion, on his or their bond, in the name of the city coun-
cil of Alexandria, in the corporation court of said city. It
shall be the duty of the finance committee of the city coun-
cil to examine, at once, all warrants or bills returned uncol-
lected by the said collector or collectors, and to cause the
proper proceedings to be at once instituted upon the bond
of the collector or collectors, to recover the amount of all
such warrants or bills, fines or levies, with damages at the
rate of twelve per centum, as they are satisfied might have
been collected by the use of due diligence, and when judy-
ment shall have been recovered on the bond of such collec-
tor, because of hia failure to collect certain tax-bills, fines, or
levies, such tax-bills, fines, or levies shall become the pro-
perty of such collector, who shall have power to collect the
same by distress or otherwise for his own benefit. No col-
lector or collectors shall be allowed to retain in his or their
hands any tax-bill, fine, or levy beyond the terin for which
he was elected. All tax-bills, fines, or levies returned delin-
quent, and accepted as such, may be again placed in the
hands of the collector or collectors for collection, by the
order of the city council. Tho superintendent of gas shall,
at the end of each fiscal year, make a like statement and re-
port and return of uncollected gas-bills, accompanied by a
like affidavit, to the committee on light of the city council;
and shall, for failure to collect gas-bills that, by the use of
due diligence on his part, might have been collected, be sub-
ject to the like forfeiture and suit on his bond; and in the
event of, and after a judgment therefor on said bond, he shall
also be entitled to the said uncollected gas-bills, with power
to collect the same by distress or otherwise, for his own
benefit.

§ 34. The mayor of the city of Alexandria shall be annually
elected by the qualified voters at the times and places, and
in the manner tbat members of the city council are elected.
He shall hold his office for one year, and until a successor is
cbosen and qualified in his stead. He shall, before he enters
upon the duties of his office, take an oath or affirmation in
the presence of the city council, faithfully to execute his said
office, which shall be recorded in its book of proceedings.
He shall see that the Iaws of the corporation be duly exe-
cuted, and in the event of the removal of any officer by his
order, he shall communicate the fact, with his reason there-
for, to the city council without delay, that the vacancy may
be filled. He shall have power to convene the city council
whenever, in his opinion, the good of the community may
require it; and he shall lay before the city council, from time
to time, in writing, such alterations in the laws of the cor-
poration as he shal! deem necessary or proper. Ho shall
have and exercise all the powers of a justice of the peace
within the said city, and shall receive for his scrvices an-
nually a just and reasonable compensation, to be allowed and
fixed by the city council, which shall not be increased or
diminished during the period for which he shall have been
elected. The election of mayor and members of the board
of aldermen and common council, shall be held on the fourth
Thursday in May, at such places and by such persons as the
city council shall select.
2. The city council under this act shall have the privilege
of submitting the whole or any of these amendments to the
qualified voters of Alexandria ‘city for ratification or rojec-
tion, and if said city council exercise the privilege herein
granted, the vote of tbe qualified voters on the amendment
or amendments submitted, shall be taken on or before the
fourth Thursday in May, 1877, and any amendment or amend-
ments so submitted as shall receive a majority of the votes
cast, shall continue a part of this act. And any amendment
or amendments so submitted as shall not receive a majority
of the votes cast, shall not continue a part of this act, and
any amendment or amendments as shall not be submitted
shall continue a part of this act.

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