Chap. 70.—An ACT to establish a Ferry or Bridge across the Rappa-
hannock river at or near the town of Falmouth.

Approved February 9, 1882.

1. Be it enacted by the general assembly of Virginia, That
it shall be the duty of the board of supervisors of Stafford
county, when petitioned by fifty voters of said county (one-
half of whom shall be freeholders), to build and operate a
ferry or bridge across the Rappahannock river at some con-
venient point between Ficklen’s and Scott’s bridges, not

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nearer than one hundred yards from either of said bridges.
The judge of said county shail appoint three commissioners,
whose duty it shall be to select and locate the said ferry or
bridge, with powers to condemn lands for landing and roads
necessary for said ferry or bridge. Said commissioners and
their successors, under the direction of the judge, shall con-
trol and manage such ferry or bridge in the interests of the
said county and such other county or districts or corporation
as may subscribe thereto as hereinafter provided, and shall
have power to require the collection of tolls from all parties
non-residents of the counties, districts or corporation sub-
scribing to said enterprise, not to exceed for each person, two
cents; and for each wheel, two cents; for each horse, mule
or ox, two cents; and for sheep, cattle and hogs, one cent
per head. The said tolls to be applied to the maintenance
and operating said ferry or bridge.

2. Should the county of King Goorge, or any one or more
of the districts thereof, or the city of Fredericksburg, by a
vote of the people, tax themselves to join with Stafford in
the opening and maintenance of said ferry or bridge, then
all the citizens of said county, districts or corporation sub-
sxnbing, whether they reside in the district in which such
subscription is made or not, shall, upon payment of their
pruportion, be entitled to enjoy the benefits of said bridge or
ferry, free from tolls, oron the same terms as it is enjoyed by
the citizens of Stafford; the proportion to be borne by eac
party subscribing shall be determined by the bridge commis-
rioners and representatives of the party subscribing.

3. The corporation of Fredericksburg and the county of
Kine George, or any district thereof, may, by a vote of the
people thereof respectively, avail themselves of the benefits
of the provisions of this act, and subscribe to said bridge or
ferry.

4. The council of Fredericksburg and the board of super-
visors of Stafford and King George counties are hereby em-
powered to borrow the necessary money with which to con-
struct said bridge or ferry, and the condemnation cf neces-
sary lands therefor, and for roads thereto leading; and they
are hereby empowered to issue bonds for the same in domi-
nations of not less than twenty-five dollars, and bearing
rates of interest not exceeding six per centum; and for the
redemption thereof, they are hereby authorized to assess the
tecessary tax, the same to be levied on said corporation,
county or district subscribing for said bridge or ferry.

5. If either King George county or the city of Fredericks-
burg subscribe, then the judge of the county or corporation
subscribing, may appoint a commissioner to rppresent the sub-
scriber and co-operate with those appointed by the judge of
Stafford, as provided by section one of this act.

6. Work on said ferry or bridge shall be commenced within
(wo years from the passage of this act, and be completed
within five years after such passage.
ACTS OF ASSEMBLY.

7. All acts or parts of acts heretofore passed relating to
said bridge or ferry, and particularly house bill number twelve
of the present session of the general assembly, are hereby
repealed.

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

Chap. 70.—An ACT to amend and re-enact the charter of the city
of Norfolk.

Approved April 21, 1882.

Whereas in the year of our Lord sixteen hundred and
eighty-two, ‘“‘a healthful and pleasant place, commodious for
trade and navigation, by act of the general assembly of the
colony and dominion of Virginia, was appointed and laid out
for a town, called by the name of Norfolk”; and whereas in
the year seventeen hundred and thirty-six, the said town
not being capable of containing all such persons as had
resorted thereto, divers of the King’s loving subjects having
seated themselves and families upon the adjoining lands, so
far as to a place called the Town Bridge, King George the
Second, by the grace of God, of Great Britain, France,
Ireland, king, defender of the faith, willing to encourage all
of his good and faithful subjects, as well those then residing
and inhabiting, as those that might thereafter reside and
inhabit within the said town of Norfolk and the places thereto
adjoining, so far as the Town Bridge, did upon the instance
and petition of divers of his dutiful and loyal subjects, consti-
tute and erect the said town of Norfolk, and the said part
thereto adjoining so far as the said bridge, a borough by the
name of the borough of Norfolk; and whereas after the date 0!
the said charter, divers persons, proprietors of the lands adja-
cent to the said borough having laid out the same into lots
and streets, many of which were built on and improved, it
was enacted in the year seventeen hundred and sixty-one, by
the lieutenant-governor, council, and burgesses of the gene-
ral assembly of the colony, that from and after seventeen
hundred and sixty-one, all the lands contained within the
lines and bounds herein described, including the town origi-
nally built on and established at the time of the granting of
the said charter, shall be deemed and taken to be the borough
of Norfolk, to wit: Beginning at the head of a creek called
Newton’s creek, and thence, within a line to be run north
fifty-nine degrees west, seventy-two poles to the head of
Smith’s creek; thence along the said Smith's creek, accord-
ing to its various courses and meanders, to the mouth thereof
in Elizabeth river; thence bounding on the said river, the
different courses thereof, to the mouth of the said Newton’s
creek, and thence up the said Newton’s creek to the begin-
ning; and whereas in the year of our Lord eighteen hundred
and forty-five, the borough of Norfolk having become con-
nected by steam communication with divers places on sea
and land, and the inhabitants thereof having great expecta-
tions, the general assembly of the commonwealth of Virginia
did enact that the name and style of the corporation of the
borough of Norfolk be henceforth “City of Norfolk,” and
granted to the inhabitants thereof a charter, with increased
powers and privileges; and whereas this charter was from
time to time altered and amended; and whereas in the year
of our Lord eighteen hundred and seventy-one a new charter
was granted by the general assembly to provide for the
ehanged condition of affairs resulting from the civil war;
and whereas now, in the two hundredth year of the exist-
ance of the corporation, many expectations of the old inbabi-
tants thereof are being realized, in the growth and prosperity
of the place; therefore, ;

1. Be it enacted by the general assembly of Virginia, That
the territory mentioned in the preamble to this act and pre-
scribed by former charters, and all territory added thereto by
an act hereafter passed by the general assembly of this
state, sha.] be deemed and taken as the city of Norfolk, and
the inhabitants of the city of Norfolk, for all purposes for
which towns and cities are incorporated in this com-
monwealt:, shall continue to be one body politic, in
fact and in name, under the style and denomination of the
city of Norfolk, 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
appertaining to said city as a municipal corporation. And
the police jurisdiction and authority of the mayor of the
city of Norfolk to pursue and capture criminals shall extend
one mile beyond the boundaries of the city, except within
the jurisdiction of the city of Portsmouth, while that corpo-
ration is independent of the city of Norfolk.
2. The administration and government of the said city
shall be invested in one principal officer, to be styled the
mayor; a board, to be called the councils of the city of Nor-
folk; and in such other boards and officers as are hereinafter
provided for. The councils of the city of Norfolk shall con-
sist of two bodies, namely, the common and select council,
with such rights, duties, powers, and privileges as are now
vested in them by law, or as may be vested in them by this
act or any act hereafter passed.

3. The said city shall be divided into four wards, which
number of wards the city council may hereafter increase as
they may deem it expedient. Until such revision be made,
tho boundary lines of wards shall remain as now established.

4. Whenever any special election shall be ordered by the
city councils for any object not provided for in the general
election law of the state, they shall communicate their order
for the same to the judge of the court of the corporation,
and the same proceedings shall be had as are provided by
the laws of the state for special elections to fill vacancies in
any municipal office.

5. The election of municipal officers hereafter mentioned,
shall be held on the fourth Thursday in May, eighteen hun-
dred and eighty-two, and on the fourth Thursday in May in
every second year thereafter, except for the election of city
treasurer, who shall be elected on the fourth Thursday in
May, eighteen bundred and eighty-two, and on the said
Thursday in every third year thereafter; and for members of
the select council, who shall be elected on the fourth Thurs-
day in May, eighteen hundred and eighty-two, and every
fourth year thereafter; and the said elections shall be con-
ducted under the provisions of the general election laws of
this state. .

6. In case of vacancies arising in any municipal office pro-
vided for by this act, the mayor shall nominate a qualified
person to fill such office for the unexpired term, to be con-
firmed by a convention of the councils, which may be con-
vened for the purpose; and in case of any vacancy arising
in the office of councilman, the select or common council, as
the case may be, shall elect a qualified person for the unex-
pired term.

7. The mayor and members of the city council, before
entering upon the duties of their respective offices, shall be
respectively sworn in accordance witb the laws of this state.
Such oath may be administered to the mayor elect by any
judge of a court of record commissioned to hold any such
court within said city; and the members of the city councils
by the mayor, being himself first sworn as aforesaid, or by
any judge of any court of record as aforesaid; and a certifi-
cate of such oaths having been respectively taken, shall be
filed with the treasurer of the city, and entered upon the
journal of the city councils. Every other person elected or
appointed to any office under this act, or under any law or
ordinance of the city councils, except laborers, teamsters, or
temporary clerks, shall, before he enters upon the duties of
such office, take and subscribe said oath and such other oaths
as may be required by law or ordinance, before the mayor;
and a certificate of the same shall be filed in the office of the
treasurer of the city. The clerk of the corporation court of
the eaid city shall notify all persons elected as aforesaid, and
the treasurer of the city shall notify all persons, appointed, as
aforesaid, of their election or appointment, as the case may be.
If any person elected or appointed to any office in said city shall
neglect to take such oath for ten days after receiving notice
of his election or appointment, or shall neglect for the like
space of time to givesuch securities as may be required of him
by the city councils, as hereinafter provided, or as may be
hereafter required by law or ordinance, he shall be considered
as having declined such office, and the same shall be deemed
vacant, and such vacancy shall be filled according to the pro-
visions of this act.

CHAPTER II.
Mayor.

8. The mayor shall be elected by the qualified voters of
the city of Norfolk for the term of two years, and until bis
successor shall be elected and qualified; and no person shall be
qualified to hold office of mayor except such as shall be quali-
fied to hold office under the constitution of this state. His
salary shall be fixed by the city councils, payable at stated
periods, and he shall receive no other compensation or emolu-
ment whatsoever; and no regulations diminishing such com-
pensation, after it has once been fixed, shall be made to effect

is compensation until after the expiration of the term for
which the mayor then in office shall have been elected. The
salary of the mayor, when fixed, shall so continue until
changed by the city councils, as aforesaid.

9. Ho shall, by virtue of his office, possess all the jurisdic-
tion, and may exercise all the powers and authority of a
justice of the peace of said city, in addition to the powers
hereby given by virtue of this act, or that may hereafter be
given to him by virtue of any other act of assembly. He
may designate any magistrate to hold his police court, and
the magistrate so designated shall be entitled to a fee of fifty
cents for each case, to be added as costs. He shall be ex-
officio a member of the board in all the departments of the
municipal government.

10. It shall be his duty to communicate to the city coun-
cils, annually, as soon as may be after the commencement of
the fiscal year, and oftener, if he shall deem it expedient, or
be required by said councils, either in writing or print, a
general statement of the situation and condition of the city
in relation to its government, finances and improvements,
with such recommendations as he may deem proper. Every
ordinance, resolution, or vote, to which the concurrence of
the common and select councils may be necessary, except a
uestion of adjournment, shall be presented to the mayor.
f he approve, he shall sign it; but if not, he shall return it

to the council in which it originated, with his objections; and

if it shall then pass that branch of the councils by a three-
fifths vote, it shall be referred to a convention of the coun-
cils, with the mayor's objections; and if it shall pass the con-
vention by a two-thirds’ vote, it shall become a law. If any
bill shall not be returned to the president of the branch in
which it originated, within ten days, it shall become a law.

All laws must be signed by the mayor.

11. He shall exercise a constant supervision over the con-
duct of all subordinate officers, have power and authority to
investivate their acts, have access to all books and documents
in their offices, and may examine said officers and their sub-
ordinates on oath. He shall also have power to suspend or
remove such officers 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 defense. On the removal or suspension of
such officer or officers, the mayor shall report the same, with
his reasons therefor, to the city councils, at their next stated
meetings. He shall have the power to discontinue all actions
brought on behalf of the city by any officer for the violation
of any of the ordinances of the city, and to order the dis-
eharge of the parties complained against, as well before as
after conviction in such action, whenever in his judgment it
is best for the interest of the city so to do. And he shall
also have authority to bring suit against any corporation or
individual, in the name of the city of Norfolk, for damages
to the highways, public buildings, health and other material
interests of the city, when in his judgment it is best for the
city, provided a majority of the councils approve.

12. In case of the absence or inability of the mayor, an
Justice of the peace in the city, selected by the mayor, shall
act as mayor, and shall discharge such municipal duties of
the mayor during such absence or inability.

13. In case a vacancy shall occur in the office of mayor,
the president of the select council shall act, or in his absence,
the president of the common council, in the discharge of his
municipal duties, until a convention of the councils shall
appoint a qualified person to fill the vacancy for the unex-
pired term by a two-thirds’ vote. But the president of the
council, so acting, shall not possess or exercise the powers
or authority of a justice of the peace of said city, but shall
designate somo justice to hold the police court, and he shall
receive no remuneration for discharging the municipal duties
of the mayoralty.
14. There shall be elected on the fourth Thursday in May,
eighteen hundred and eighty-two, seven electors from the
city at large, who shall constitute the select council, to serve
for four years, and a like number of members for this branch
of the city government shall be elected every four years
thereafter, unless the number be increased according to law.
And there shall be on the fourth Thursday in May, eighteen
hundred and eighty-two, fifteen councilmen, to serve for two
years, who shall constitute the common council—four to be
eleeted by the voters of the first ward, three by the voters
of the second ward, four by the voters of the third ward,
three by the voters of the fourth ward, and one by the second
and fourth wards combined; and the same number shall be
elected every two years thereafter, until a reapportionment
shall be made according to law. The councilmen shall reside
in the wards from which they are elected during their term
of office, and shall not be less than twenty-one years of age.

15. Should the portion of Norfolk county known as Atlan-
tic City, and territory adjacent, lying west of Church street
prolonged, be annexed to the city of Norfolk, it shall be
entitled to one member of the common council, who shall be
elected at a special election held for the purpose, and whose
term of office shall be the same as other members of this
branch of the city government. And it shall continue to
have one member until there is a reapportionment according
to law. Should the portion of Norfolk county known as
Brambleton, and the territory lying adjacent, east of Church
street prolonged, be annexed to the city of Norfolk, it shall
be entitled to one member of the common council, who shall
be elected at a special election held for.the purpose, and
whose term of office shall be the same as the other members
of this branch of the city government. And it shall con-
tinue to have one member until there shall be a reapportion-
ment according to law. Should the portion of Norfolk
county known as Berkeley, and the territory lying adjacent,
be annexed to the city of Norfolk, it shall be entitled to two
members of the common council, who shall be elected at a
special election beld for the purpose, and whose term of office
shall be the same as the other members of this branch of the
city government. And it shall continue to have two mem-
bers until there is a reapportionment according to law.
Should the city of Portsmouth, as it is now bounded, or with
any of its suburbs, be annexed to the city of Norfolk, it shall
be entitled to eight members of the common council, who
shall be elected at a special election held for the purpose—
two from each of the wards of the said city, and whose term
of office shall be the same as the other members of this
branch of the city government. And it shall continue to
have these eight members until there is a reapportionment

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according to law. Should the city of Portsmouth, as it is
now bounded, or with any of its suburbs, be annexed to the
city of Norfolk within four years of the passage of this act,
it shall be entitled to elect from the city (and suburbs, if
any consent), at large, two electors as members of the select
council of the city of Norfolk, to serve until July the first,
eighteen hundred and eighty-six. And if the city of Ports-
mouth becomes a part of the city of Norfolk at the election
on the fourth Thursday of May, eighteen hundred and
eighty-six, nine, instead of seven, electors shall be elected
from the city at large, to constitute the select council, and a
like number every four years thereafter. All members of
the common council elected from territory annexed, must
reside in the wards or territory until created wards, from
which they are elected during their term of office, and shall
not be less than twenty-one years of age.

16. The select council shall annually elect its officers, to
consist of a president, vice-president, and clerk; and the
common council shall elect annually its officers, to consist of
a president and vice-president; the city treasurer shall be ex-
officio clerk of the common council, and shall have an assist-
ant; but he shall attend when practicable as clerk of the
convention of the councils, and keep its proceedings in a
separate journal. The select and common councils, respec-
tively, may elect such other officers and clerks as they ma
deem necessary; which officers, respectively, shall be liable to
be removed by the councils, respectively, each acting for
itself in this regard, with power to. the respective councils,
each acting for itself, to supply any vacancy occurring. The
president, or the president pro tempore, who shall preside
when the proceedings of a previous meeting are read, shall
sign the same. The president shall have power, at any
time, to call a meeting of the councils; and in case of his
absence from sickness, disability, or refusal, the councils
may be convened by the order, in writing, of any five mem-
bers of the common council, or three of the select council.

17. The council shall have the authority to compel the
attendance of absent members; to punish members for dis-
orderly behavior; and by a vote of two-thirds of the council
to expel a member for malfeasance or misfeasance in office.
They shall keep a journal of their proceedings; and their
meetings shall be open. A majority of the members of the
councils shall constitute a quorum for the transaction of
business. But on all ordinances or resolutions appropriating
money, imposing taxes, or authorizing the borrowing of
money, the yeas and nays shall be entered on the journal,
and a majority of all the members elected to each council
shall be necessary to give them the force of law. No vote
shall be reconsidered or rescinded at a special meeting,
unless at such special meeting there be present as large a
number of members as were present when such vote was
taken.
18. The city councils shall have, subject to the provisions
heroin contained, the control and management of the fiscal
and municipal affairs of the city, and of all property, real
and personal, belonging to the said city, not specially put
under the supervision of commissioners or other officers by
this charter; and may make such ordinances, orders, and by-
laws, relating to the same, as it shall deem proper and neces-
sary. 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:

First. To establish markets in and for said city; prescribe
the times and places for holding the same; provide suitable
buildings therefor, and to enforce such regulations as ehall be
necessary or proper to prevent huckstering, forestalling, and
regrating.

econd. 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 city receiving or entitled to
the benefits of the poor laws, and regulate pauperism within
the limits of the city; and the councils, through the agencies
they shall appoint for the direction and management of the
poor of the city, shall exercise the powers and perform the
duties vested by law in overseers of the poor.

Third. To erect and keep in order all public buildings
necessary or proper for said city.

Fourth. To erect within said city a city prison, and said
prison may contain such apartments as shall be necessary for
the safe-keeping and employment of all persons confined
therein.

Fifth. To establish or enlarge water works, gas works,
and electric lights 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 connected therewith, or any of the fixtures
or appurtenances thereof. They shall have power to protect
from injury, by adequate penalties, the said works, pipes, fix-
tures, and land, 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, or in other places where the water
may be affected thereby; and such prohibition may be en-
forced by proper penalties.

Sixth. To establish, construct, and keep in order, alter, or
remove landings, wharves, and docks on land belonging to
the city; and to lay and collect a reasonable duty on vessels
coming to and using the same; and to regulate the manner
of using other wharves and landings within the corporate
limits, and prescribe the rates of wharfage to be paid by ves-
sels using the same; to prevent or remove all obstructions ir
and upon any landings, wharves, or docks; to deepen and
clean the harbor and river. They may buy or build bridges
connecting the corporation with any suburb town, or
village.

Seventh. To close, extend, widen, narrow, lay out, gradu-
ate, improve, and otherwise alter streets and public alleys in
the said city, and have them properly lighted and kept in
good order, and they may make or construct sewers or ducts
through the streets or public grounds of the city, and
through any place or places whatsoever, when it may be
deemed by the councils expedient. The councils may have
over any street or alley in the city, which has been or may
be ceded to the city, like authority as over other streets or
alleys; they may build bridges in, and culverts under said
streets and alleys; and may prevent or remove any structure,
obstruction or encroachment over or under or in a street or
alley, or any sidewalk thereof, and may have shade trees
planted along the said streets. They may also regulate
the size, materials, and construction of buildings hereafter
erected, in such manner as the public safety and convenience
may require.

Kighth. To prevent the cumbering of streets, avenues,
walks, public squares, lanes, alleys or bridges, in any manner
whatever.

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

Tenth. To determine and designate 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
the said engines or cars, if they please: provided no contract
be thereby violated.

Eleventh. 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, how-
ever, that this section shall not apply to vehicles cominginto
and not owned in said city.

Twelfth. To require spirituous liquors, wine, oil, molasses,
vinegar, and spirits of turpentine, in casks, to be gauged and
inspected; and may make provision for the weighing of
cotton and hay, fodder, oats, shucks, or other long forage.
They may also provide for measuring corn, vats, grain, coal,
stone, wood, lumber, boards, potatoes, and other articles for
sale or barter.

Thirteenth. To require every merchant, retailer, trader,
and dealer in merchandise, 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 sub-
ject to his inspection; and may impose penalties for any vio-
lation of any such ordinance.

Fourteenth. To provide, or aid in support of colleges,
public schools and libraries.
Fifteenth. To secure the inhabitants from contagious, in-
fectious, or other dangerous diseases; to establish, erect and
regulate hospitals; to provide for and force the removal of
patients to said hospitals; to furnish the board of health of
said city with the authority necessary for the prompt and
efficient performance of its duties.

Sixteenth. To provide, in or near the city, lands, to be ap-
propriated, improved and kept in order as places for the in-
terment of the dead, and may charge for the use of grounds
in the said places of interment, and may regulate the same;
may prevent the burial of dead in the city, except in the
public cemeteries; may regulate burials in said grounds, and
may require the keeping and return of bills of mortality by
the keepers or owners of all cemeteries, and the proceeds of
the sales of all lots and materials in any public cemetery shall
be reserved as a fund to keep such cemetery in order, and
shall not be used for any other purpose.

Seventeeth. To establish public squares, regulate and orna-
ment the same, and to expend not more than: fifty thousand
dollars in the purchase of lands, or flats, convenient to the
city, for the purpose of establishing parks and exhibition
grounds, and for the laying out and building on the same.

Eighteenth. To require and compel the abatement and re-
moval of all nuisances within said city at the expense of the
person or persons causing the same, or the owner or owners
of the ground whereon the same shall be; to prevent or reg-
ulate slaughter-houses and soap and candle factories within
said city, or the exercise of any dangerous, offensive or un-
healthy business, trade or employment therein; and to regu-
late the transportation of coal and other articles through the
streets of the city.

Nineteenth. If any ground in the said city shall be subject
to be covered by stagnant water, or if the owner or owners,
occupier or occupiers thereof, shall permit any offensive or
unwholesome substances to remain or accumulate therein,
the councils may cause such ground to be filled up, raised or
drained, or may cause such substances to be covered or to be
removed therefrom, and may collect the expense of so doing
from the said owner or owners, occupier or occupiers, or an
of them, by distress and sale, in the same manner in whic
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 agents. In case of
non-resident owners, who have no agent in said city, such
notice may be given by publication, for not less than four
weeks, in any newspaper printed in said city.

Twentieth. To direct the location of all buildings for stor-
ing gunpowder or other combustible substances; and to regu-
late the sale and use of gunpowder, fire-crackers, or fire-
works, manufactured or prepared therefrom, kerosene oil,
nitro-glycerine, camphene, burning-fluid, or other combusti-
ble material; to regulate the exhibition of fire-works, the
discharge of fire-arms, the use of candles and lights in barns,
stables, and other buildings, and to restrain the making of
bon-fires in streets and yards, and to prohibit the carrying of
concealed weapons.

Twenty-first. To prevent hogs, dogs, and other animals
from running at large in the city, and may subject the same
tosuch confiscations, levies, regulations, and taxes, as they
may deem proper: and the councils may prohibit the raising
or keeping of hogs in the city. ;

Twenty-second. To prevent the riding or driving of horses
or other animals at an improper speed; to prevent the flying
of kites, throwing stones, or the engaging in any employment
or sports in the streets or public alleys dangerous or annoy-
ing to passengers; and to prohibit and punish the abuse of
animals. | |

Twenty-third. To restrain and punish drunkards, vagrants,
mendicants, and street-beggars.

Twenty-fourth. To prevent vice and immorality; to pre-
serve public peace and good order; to prevent and quell
nots, disturbances, and disorderly assemblages; to suppress
houses of ill-fame and gaming-houses; to prevent lewd, inde-
cent, and disorderly conduct or exhibitions in the city, and
to expel therefrom persons guilty of such conduct who shall
not have resided therein as much as one year.

Twenty-fifth. To forbid and prevent the vending or other
disposition of liquors and intoxicating drinks to be drunk in
any boat, store, or other place not duly licensed; and to for-
bid the selling, or giving to be drunk, any intoxicating
liquors to any child or minor, without the consent of his or
her parents or guardian; and for any violation of any such
ordinance, may impose fines in addition to those prescribed
by the laws of the state.

Twenty-sixth. To prevent the coming into the city from
beyond the limits of the state, of persons having no ostensi-
ble means of support, or of persons who may be dangerous
to the peace and safety of the city; and for this purpose may
require any railroad company, or the captain or master of
any vessel, bringing such passengers to Norfolk, 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 from
whence they came, and compel the persons to leave the city
if they have not been in the city more than ninety days
before the order is given.

19. Where, by the provisions of this act, the city councils
have authority to pass ordinances on any subject, they may
prescribe any penalty, not exceeding five hundred (except
where a penalty is herein otherwise provided for), for a
violation thereof, and may provide that the offender, on fail-
ing to pay the penalty recovered, shall be imprisoned in the
jail of said city for any term not exceeding three calendar
months; which penalties may be prosecuted and recovered,
with costs, in the name of the city of Norfolk.
20. No ordinance hereafter passed by the city councils, for
the violation of which any penalty is imposed, shall take
effect until the same shall have been signed by the mayor
and published for five days successively in two of the daily
newspapers of said city, to be designated by the said coun-
cils. A record or entry made by the treasurer of the 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;
at all laws, regulations, and ordinances of the city councils
may be read in evidence in all courts of justice, and in all
proceedings before any officer, body, or board in which it shall

e necessary to refer thereto, either from a copy thereof, cer-
tified by the clerk of the common council, or from the volume
of ordinances printed by the authority of the city. .

21. The councils shall not take or use any private property
for streets or other public purposes, without making to the
owner or owners thereof just compensation for the same.
But in all cases where the said city cannot, by agreement,
obtain title to the ground necessary for such purposes, it
shall be lawful for the said city to apply to and obtain from
the circuit or county court of the county in which the land
shall be situated, or to the corporation court of the city, if
the subject lies within the city, for authority to condemn the
same, which shall be applied for and proceeded with as pro-
vided by law.

22. In every case whero a street in said city has been or
shall be encroached upon by any fence, building, or other-
wise, the city councils 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-
movals shall not be made within the time ordered by the
councils, 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 that they are hereinafter empowered to col-
lect 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. .

23. Whenever any street, alley, or lane shall 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 all purposes, and the city shall have the same authority
and jurisdiction over, and right and interest therein as they
have by law over the streets, alleys, and lanes laid out by it.
And any street or alley, reserved in the division, or subdivi-
sion into lots of any portion of the territory within the cor-
porate limits of the city by a plat or plan of record, shall be
deemed and held to be dedicated to the public use; and the
councils shall have authority, upon the petition of any per-
son interested therein, to open such street or alley, or any
portion of the same. No agreement between, or release of
interest by the person owning the lands immediately con-
tiguous to any such alley or street, whether the same has
been opened and used by the public or not, shall avail or
operate to abolish said alley or street, as to divert the inter-
est of the public therein, or the authority of the councils
over the same.

24. Whenever any street shall be laid out, a street graded
or paved, a culvert built, or any other public improvement
whatsoever made, the city councils may determine what por-
tion, if any, of the expense thereof ought to be paid from
the public treasury, and what portion by the owners of real
estate benefited, or may order and direct that the whole
expense be assessed upon the owners of real estate benefited
thereby. But no such public improvements shall be made,
to be defrayed, in whole or in part, by a local assessment,
until first requested by a petition signed by a majority of
the owners of property to be assessed for such improvement,
or unless the councils in convention, as provided in section
twenty-eight of this act, shall concur in voting any improve-
ment to be expedient, or in determining to make the same,
after allegations have been heard, in which case no petition
or request shall be necessary: provided, however, that such
measure shall be decided by a two-thirds vote of the mem-
bers present at such convention: and provided further, that
there shall be a quorum of each council present at such con-
vention.

25. The city councils 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 councils may, from time to time, deem proper, or shall
be fixed by this act, or any other act of assembly hereinafter
enacted.

26. If any person, having been an officer of said city,
shall not, within ten days after he shall have vacated or
been removed from office, and upon notification and request
of the mayor, or within such time thereafter as the city
councils shall allow, deliver over to the mayor all the prop-
erty, books, and papers belonging to the city, or appertain-
ing to such office in his possession, or under his control, he
shall forfeit and pay to the city the sum of five hundred dol-
lars, to be sued for and recovered, with costs. And all books,
records, and documents used in any such office, by virtue of
any provision of this act, or of any ordinance or order of
the city councils, or any superior officer of said city, shall be
deemed the property of said city, and appertain to said
office, and the chief officer thereof shall be responsible there-
for.

CHAPTER IV.

27. There shall be elocted by the qualified voters of the
city of Norfolk on tho fourth Thursday in May, eighteen
hundred and eighty-tw’o, and the fourth Thursday in May in
every second year thereafter, the following officers: One col-
lector of city taxes and levies, one commissioner of the rev-
enue, one city attorney, one inspector of streets, one clerk of
the market, one health officer, one keeper of the almshouse,
one weigher of hay, one sealer of weights and measures, and
inspector of wood and coal, one gauger and inspector of
liquor, four justices of the peace, and one high constable,
who shall hold their offices for the term of two years from
the first day of July ensuing their election, and until their
successors shall be elected and qualified, unless sooner
removed. There shall also be elected on the fourth Thursda
in May, eighteen hundred and ecighty-two, and on the four
Thursday in May in every third year thereafter, one city
treasurer, who shall perform such duties as may be required
by law or ordinance, and who shall hold his office for the
term of three years from the first day of July ensuing his
election, and until his successor shall be elected and quali-
fied, unless sooner removed from office. The officers herein-
before enumerated, shall give such bonds and be subject to
such rules and regulations as now are or may hereafter be
prescribed by law or ordinance. All other officers, clerks,
and assistants, whether required by law or ordinance, shall
be appointed by the councils at their first regular meeting
after the election, or by a convention of the councils held in
July, and called for the purpose, or as soon thereafter as
may be practicable; and the councils shall have power to
create such offices and appoint such officers, clerks, and assist-
ants as they may deem necessary, not inconsistent with the
provisions of this act, or the constitution and Jaws of the
state or United States.

28. Ordinances and resolutions may originate in either the
select or common councils, to be approved or rejected by the
other, and may be amended by either council with the con-
sent of the other. But when the councils cannot agree upon
any ordinance or resolution, they shall, after the ordinance
or resolution has been pending thirty days, assemble together
in convention, at which the president of the select council
shall preside, or in his absence, the president of the common
council, or in the absence of the presidents, the vice-presi-
dent of the select council shall preside, or in the absence of
these three, the vice-president of the common council; and
no convention shall be held if all four of these officers shall
be absent; and such ordinance or resolution shall be finally
decided by a vote of three-fifths of the members present at
such convention: provided, however, that a quorum of each
council shall be present at such convention. A convention
of the councils shall be called at any time by the presiding
officers (pro tempore, if necessary) of the two branches, or
by the mayor.

29. The councils may, so far is not inconsistent with the
provisions of this act, or the constitution and laws of the
state and the United States, define the powers, prescribe the
duties and compensation, and take from any of the officers
hereinbefore or hereinafter provided for, bonds with sureties
in such penalties as to the council may seem fit, payable to the
city in its corporate name, with the condition for the faithful
performance of said duties. All officers appointed by the
councils may be removed from office at their pleasure; but
this power shall not be construed to interfere with the
authority of the mayor to suspend or remove any city officer
for cause.

30. The parties to bonds taken in pursuance of the pre-
ceding section, their heirs, devisees, executors, and adminis-
trators shall be subject to the same proceedings on the said
bonds for enforcing the conditions and terms thereof, by
motion or otherwise, before the corporation or circuit court
of the city of Norfolk, that collectors of the county levy and
their sureties are or shall be subject to on their bonds for
enforcing payment of the county levies.

31. There shall be elected by the qualified voters of the
city of Norfolk, on the fourth Thursday in May, and every three
years thereafter, one city treasurer, who shall hold his office
for the term of three years, and until his successor be elected
and qualified, unless sooner removed from office. He shall
give bond, with sureties, to the amount of not less then fifty
thousand dollars; said bond to be approved by the city coun-
cils, entered on their records and filed in the clerk’s office for
the court of the corporation. The said treasurer shall per-
form such duties, have such powers, and be liable to such
penalties as may be prescribed by said existing laws or ordi-
nances, or as may be prescribed by laws or ordinances here-
after enacted or ordained, and he shall be ex-officio clerk of
the common council and of the convention of the councils.
In case of a vacancy in the office from any cause whatever,
the mayor shall nominate a qualified person to fill said office
for the unexpired term, to be confirmed by a convention of
the councils.

32. There shall be elected by the qualified voters of the
city of Norfolk, one collector of the city taxes, who shall hold
his office for the period of two years, and until his successor
shall be elected and qualify, unless sooner removed from
office. He shall give bond, with sureties, to the amount
of not less than fifty thousand dollars; said bond to be
approved by the city councils, entered on their records, and
filed in the office of the city treasurer. The said collector
shall perform such duties, have snch powers, and be liable to
such penalties and be required to give such bond and security
as may be prescribed by existing laws or ordinances, or as
may be prescribed by law or ordinances hereafter enacted or
ordained.

33. It shall be the duty of said collector to conduct all the
proceedings and render all the service necessary to perfect
the sale and transfer of real estate in said city, where the
same shall be sold, or advertised for sale for the non-payment
of any tax or assessment imposed by the city councils, as
hereinafter provided. In case of a vacancy in the office, from
any cause whatever, the mayor shall nominate a qualified
person to fill said office for the unexpired term, to be con.
firmed by a convention of tbe councils.

34. There shall be elected by the qualified voters of the

‘city of Norfolk, one commissioner of the revenue, who shall
hold his office for the period of two years, and until his suc-
cessor shall be elected and qualify, unless sooner removed
from office. He shall give bond, with sureties, to the amount
of not less than ten thousand dollars; said bond to be
approved by the city councils, entered on their record and
filed in the office of the city treasurer.

35. The said commissioner of the revenue shall perform
such duties, have such powers, and be liable to such penalties
as may be prescribed by existing laws or ordinances, or as
may be prescribed by laws or ordinances hereafter enacted or
ordained. In case of a vacancy in the office, from any cause
whatever, the mayor shall nominate a qualified person to fil!
the said office for the unexpired term, to be confirmed bys
convention of the councils.

36. There shall be elected by the qualified voters of the
city of Norfolk a suitable and proper person, who shall be
the attorney and counsel for the corporation, who shall hold
his office for the period of two years, unless sooner removed,
and until his successor shall be elected and qualified.

37. 'The said attorney shall perform such duties, have such

owers, and be liable to such penalties as may be prescribed

By existing laws or ordinances, or as may be prescribed
by laws or ordinances hereafter enacted or ordained, and he
shall be the legal adviser of the mayor, when called upon,
and shall prosecute or defend all suits in which the mayor
shall decide the city is interested, and shall assist the mayor
in any action against a city officer who has been suspended
for cause; and should the mayor have cause for suspending
the city attorney, he shall have the authority to appoint an
attorney in his place, who shall be entitled to receive the
salary of the office while filling it.

38. There shall be elected by the qualified voters of the
city of Norfolk a suitable and proper person, who shall be
high constable; who shall hold his office for the term of two
years, and until his successor is elected and qualified, unless
sooner removed from office. He shall give bond, with sure-
ties, to be approved by the judge of the corporation court,
in the penalty of not less than five thousand dollars, payable
to the commonwealth of Virginia, and conditioned for the
faithful performance of his duties, said bond to be filed in the
office of the clerk of said court. He shall perform such
duties, have such powers, and be subject to such penalties as
are now or hereafter may be prescribed by the laws in refer-
ence to constables in the various counties and corporations of
this commonwealth; said high constable may appoint, with
the approval of the judge of the corporation court, one or
more deputies to attend to and execute the duties of his
office, but the sureties on the bond of the said high constable

Google
all be equally liable for the acts of the said deputy or depu-
es as for those of the principal. The judge of the corpora-
on court shall have the power to remove the high constable,
‘any of his deputies, for cause, and appoint others in their
ace.

39. The mayor sball have power to appoint a clerk to serve
iring his term of office, unless removed by him, who shall
tend daily at his office, and perform such duties as he may
quire, and he shall act as the clerk of the board of police
ymmissioners. His pay shall be the same as a sergeant of
1e¢ police force.

40. The mayor shall have the power to nominate a janitor,
» be confirmed by the councils, whose duties shall be, under
irection of the mayor, to keep the city hall building and
rounds in order. His pay shall be the same as a member of
he police force.

CHAPTER V.
Finances.

41. The city councils, with the approval of the mayor,
nay, in the name and for the use of the city, contract loans,
r cause to be issued certificates of debt or bonds; but such
oans, certificates or bonds shall not be irredeemable for a
eriod greater than thirty-four years: provided, however,
hat they shall not contract such loans or issue such certifi-
ates of debt or bonds for the purpose of subscribing to the
tock of any company incorporated for a work of internal
mprovement, or other purposes, nor endorse the bonds of
ny such company, without first being authorized so to do
yy three-fourths of the legal voters of the city; and they
shall not issue any such certificates of debt or bonds, or incur
any indebtedness in the namo of, or for or on account of the
said city, or increase the said indebtedness, at any time, to
an amount greater than twenty per centum of the assessed
value of property, real and personal, set forth and contained
in the rolls or books of assessment of the commissioner of
the revenue of the city.

$42. For the execution of their powers and duties, the
city councils may raise annually, by taxes and assessments
in said city, such sums of money as they shall deem neces-
sary to defray the expenses of the same, and in such manner
as they shall deem expedient, in accordance with the consti-
tution and laws of this state and the United States: provided,
however, that they shall impose no tax on the bonds of said
city.

§43. The councils may vest in the collector 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

ereafter be vested in a sheriff or collector of the state taxes;
may prescribe the mode of his proceeding, and the mode of
proceeding against him for failure to perform his duties.
§ 44. All goods and chattels, wheresoever found, may be
distrained and sold for taxes assessed and due thereon; and
no deed of trust or mortgage upon goods or chattels shall
prevent the same from being distrained and sold for taxes
assessed 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 and chattels conveyed, from
being distrained and sold for taxes assessed thereon, no mat-
ter in whose possession they may be found.

§ 45. Any payment of taxes made by a tenant, unless
under an express contract contained in his lease, shall be s
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
otherwise, the tax shall be refunded out of such estate.

§ 46. There shall be a lien on real estate for the city taxes.
as assessed thereon from the commencement of the year for
which they were assessed. The city councils may require
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 under the provisions hereinafter
made.

§ 47. The collector of city taxes shall, under the direction
of the city councils, cause a notice of the time and place of
such sale to be published in one or more of the daiiy news-
papers published in said city, at least ten days previous to
such sale; and he shall also cause to be published in one or
more of said daily papers, on some day not more than twenty
days nor less than ten days previous to such sale, a list of the
several parcels of real estate to be sold, describing therein
each parcel of real estate in the same manner as 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.

§ 48. Ifsuch tax or assessment, and the percentage, interest,
and expenses aforesaid, 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 collector
shall proceed to make sale accordingly of the said several
sarcal of real estate, or so 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 collector 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 collector shall not for himself,
either directly or indirectly, purchase any real estate so sold.

49. 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 the interest and charges, then the same

shall be struck off to the city. On such sale, the collector
shall execute to the city a certificate of sale, in which the
property purchased shall be described, and the aggregate
Bmount of tax or assessment, with charges and expenses
specified, and shall deposit such certificate with the treas-
urer.

50. The owner of any real estate so sold, his heirs, or
assigns, or any person having a right to charge such real
estate for debt, 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 so sold, and
such additional taxes thereon as may have been paid by the
purchaser, 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 tuxes at the
rate of twelve 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 purchaser, his heirs, or assigns may refuse to receive the
same, or may not reside, or cannot be found in the city of
Norfolk.

51. 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 five 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, his heirs, or assigns, and the appraised value
of any improvement that may have been made thereon, with
interest on the said items at the rate of twelve per centum

er annum, from the time the same may have been paid.

pon such payment, within two years after the removal of
such disability, the purchaser, his heirs, or asssigns, 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.

52. 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 treasurer 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. If the purchaser shall
have died, his heirs, or assigns, may move the corporation
court of said city to order the treasurer to execute a deed
to such heirs or assigns.

53. 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 clainis title, unless
such irregularity 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 arrear, the party making such
allegation must establish the truth thereof by proving that
the taxes were paid.

54. In case that any real estate struck off to the city, as
hereinbefore provided, shall not be redeemed within the time
specified, the city treasurer shall, within sixty days after the
expiration of two years 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 assigns, shall acquire an absolute title to the same in
fee. The said certificate may be acknowledged, or proved
and recorded, 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 presumptive evidence of the facts therein stated,
and of the regularity and correctness of such sale, and all
proceedings prior thereto.

55. The city councils, in convention, shall elect three citi-
zens, frecholders, a board of sinking fund commissioners, to
hold their position during good behavior; and whenever a
vacancy shall occur in said board by death, resignation, or
otherwise, shall elect some person or persons to fill such
vacancy, being citizens and freeholders, and said board shall
have charge of the sinking fund of the city, and the treas-
urer shall pay over to them all moneys appropriated to said
fund by any law or ordinance; which board and their suc-
cessors shall, by and with the advice of the mayor and
chairman of the committee of finance of the councils of the
city, for the time being, hold, manage, and invest the same in
such manner as shall best conduce to the extinguishing of
the city debt; and the said commissioners may, at all times,
either in their own names or the name of the city of Nor-
folk, institute and prosecute all suits in law or equity, which,
in the opinion of such board, may be necessary in the man-
aging and conducting of said sinking fund; and said com-
missioners shall, before entering upon their duties, give
bonds to the satisfaction of the mayor of said city, for the
faithful discharge of the duties of their trust, and all the
property and rights of property of every description belong-
ing to said sinking fund, shall vest in and belong to said
commissioners, as trustees for the time being, who shall have
complete title thereto for all purposes of said trust; and it
shall be the duty of the said board of sinking fund commis-
sioners, together with the mayor, to see that the city
indebtedness is not increased by the issue of bonds, beyond
twenty per centum of the assessed value of real and personal
property, as returned by the commissioner of the revenue of
the city at the time of the issue; and all issues of bonds
shall, hereafter, bear upon their face a certificate to this
effect from the board of sinking fund commissioners.

CHAPTER VI.
Police Department.

56. The police department of the city of Norfolk shall be
under the general control and management of the board of
police commissioners thereof, which shall consist of the
mayor and two commissioners, appointed annually in Jan-
uary by the judge of the corporation court; of which board
the mayor shall be president, and shall have a casting vote.
The mayor and either one of said commissioners shall form
@® quorum for the transaction of any business. 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 government and disci-
pline of said police force: provided that said rules, regula-
tions, and orders shall not, in any way, conflict with any
ordinance of the city councils, or of the provisions of this
act, or the constitution and laws of this state or of the
United States.

57. The said police commissions, after taking the oath of
office as such commissioners, shall meet at the office of the
mayor, or other suitable place, as the mayor may, in writing,
appoint. They shall perform the duties of said office with-
out any compensation, reward, or salary therefor from said
city, except that nothing herein shall in any way conflict
with the payment of the salary elsewhere provided to be
paid to the said mayor.

58. It shall be the duty of said police commissioners to
select from among the electors of said city, who shall have
resided therein for two years, and appoint by warrant of
appointment, bearing the signatures of all three of said com-
missioners to be immediately filed with the city treasurer, so
many permanent policemen, officers, and patrolmen as may be
authorized by the city councils; and said board shall also
appoint, with the approval of the city council, one chief of
police, and such other assistants and officers as they may
deem necessary, who shall hold office for the term of two
years, through whom the mayor may promulgate all rules,
regulations, and orders to the whole force, and who shall
have immediate direction and control of said force, subject,
however, at all times, to the rules, regulations, and orders of
said board, promulgated by the mayor, and to the orders of
the mayor; and each policeman of said police force, ap-
pointed in manner as aforesaid, may hold his respective office

uring the term of good behavior, or until said board, by
unanimous vote, shall remove him; but in case of misconduct
on the part of such chief, or any member of said police force,
then he may be removed by the decision of said board, as
hereinafter provided, or by a two-thirds’ vote of the city
councils, and no chief, assistant chief, or policeman, shall be
appointed without the consent of the mayor.

59. In times of exigency, said commissioners, or a major-
ity of them, or any one of them, if the others should
be absent from the city or unable to act, may appoint, tem-
porarily, without authority from the city council, a suitable
number of additional policemen for such time as shall appear
necessary, not, however, to extend beyond the time of the
next meeting of the city councils.

60. The mayor, at any time, upon charges being preferred,
or upon finding said chief or any other member of said police
force, guilty of misconduct, shall have power to suspend such
member trom service until the board of commissioners shall
convene and take action in the matter: provided, however,
that such member shall not remain so suspended for a longer
period than thirty days without an opportunity of being
heard in his defence; and upon hearing the proofs in the
case, the mayor and one of the commissioners may discharge
or restore such member, and the pay or salary of such mem-
ber shall cease from the time of suspension to the time of
restoration to service, unless otherwise ordered by said board
of commissioners in their written decision, which shall be
filed with the treasurer, and any violation of the rules, regu-
lations, or orders of the board, after promulgation by the
mayor, or orders of any superior, shall be good cause for dis-
missal.

61. The salary and pay of the officers and policemen shall
be determined by the city councils, and all bills of expense
on account of the police department shall be audited by at
least two of said commissioners.

62. The said chief of police, and every policeman duly
appointed as aforesaid, shall have issued to him a warrant of
appointment, signed by the president of the board and coun-
tersigned by the treasurer, stating the date of his appoint-
ment, which shall be his commission; and he shall take such
oath as the city councils may ordain, and subscribe the same
in a book to be kept for that purpose by the said treasurer.

63. The said chief of police and policemen shall generally
have power to do whatever may be necessary to preserve the
peace and good order of said city, and to secure its inhabi-
tants from personal violence and their property from loss
and injury. And the said police force shall, in criminal cases,
have the same powers and duties and to be subject to the
same penalties that are prescribed by law as to constables.

64. The said board of commissioners may prescribe such
uniforms and badges for the police force as they may deem
proper and direct in what manner they shall be armed.
And if any person, other than a ‘policeman, shall publicly
wear such uniform and badges as may be prescribed as afore-
said, he may be subjected to such fine, not exceeding the
sum of hundred dollars, as the city councils may ordain.

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CHAPTER VII.
Fire department.

65. The fire department of the city of Norfolk shall be
under the general control and management of the board of
fire commissioners, which shall consist of three electors of
said city, nominated by tho mayor and confirmed by the
councils, for a term of two years, or until their successors are
appointed and qualify. The commissioners shall choose from
their body a president; and they shall elect a chief and two
assistant engineers, subject to the approval of the councils,
and appoint such other officers and firemen as they may deem
necessary, during their term of office. They may also make
rules and regulations for the government of the officers and
men of said fire department; may prescribe their respective
duties in case of fire or alarms of fire; may direct the dresses
and badges of authority to be worn by them; may prescribe
and regulate the time and manner of their exercises, and
may impose reasonable fines for the breach of any such regula-
tions.

66. As soon as the said commissioners shall have taken
the oath of office and entered upon the discharge of their
duties, and the appointment of officers and firemen are made
in the manner as herein provided, then all the officers and
firemen shall immediately vacate their respective offices,
unless reappointed as herein provided.

67. The salary and pay of the officers and firemen shall be
determined by tho city councils, and all bills of expense on
account of the fire department shall be audited by at least
two of said commissioners.

68. For the purpose of guarding against the calamities of
firo, the city councils may make such ordinances as they may
deem proper to extinguish and prevent fires, prevent prop-
erty trom being stolen, and to compel citizens to render
assistance to the fire department in case of need; and they
may, from time to time, designate such portions and parts of
said city as it shall think proper within which no buildings
of wood shall be erected, and may regulate the manner of
construction of all buildings. They may prohibit the erec-
tion 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 in the city, prohibit the erection in
such square of any building, or addition to any building,
unless the outer walls thereof be made of brick and mortar,
or stone and mortar, or some other fire-proof material; and
may provide for the removal of any such building or addi-
tion which shall be erected contrary to such prohibition, at
the expense of the owner or builder thereof. And if any
building shall have been commenced before said petitions can
be acted on by the councils, or if a building in progress
appears clearly to be unsafe, the councils may have such
buildings taken down.

69. Whenever any building in said city shall be on fire, it
Shall be the duty of, and lawful for, the chief engineer to
order and direct such building, or any other building which
he may dcem 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 be maintained
against any person or against the said city therefor. But
any person interested in any such building so destroyed or
injured, may, within three months thereafter, apply to the
city councils to assess and pay the damages he has sustained.
At the expiration of the three months, if any such applica-
tion shall have been made in writing, the city councils 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.

70. 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 this city as provided
above, shall take into account the probability of the same
having been destroyed or injured by fire if it had not been
so 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 councils shall be
deemed a full satisfaction of all said damages of the said
claimant. But any party fecling aggrieved thereby, may
appeal to the corporation or circuit court for the city of

orfolk, which court in taking jurisdiction thereof, shall be
controlled by the laws regulating assessments of damages
to real estate in other cases.

CHAPTER VIII.

71, The water department of the city of Norfolk shall be
under the general control and management of the board of
water commissioners, which shall consist of three electors of
said city, nominated by the mayor and confirmed by the
councils, for a term of two years, or until their successors are
appointed and qualify. The commissioners shall select from
their body a president, a secretary, and a treasurer. The
treasurer shall give a bond in the sum of ten thousand dol-
lars, and shall receive such compensation as the councils may
authorize; the councils may also allow compensation for the
services of the other commissioners.
72. The water commissioners shall elect such officers as
are necessary, and manage the affairs and business of said
water-works, and employ labor, receive proposals and award
contracts, and enforce such rules and regulations as they may
adopt, or that may be prescribed by law or the ordinances of
the city. And the said board of water commissioners are
prohibited from being interested in any way with the con-
tracts which may be made, either pecuniarily or otherwise.

CHAPTER IX.

73. The street, sewer, and drain department of the city of
Norfolk shall be under the general control and management
of the board of street, sewer, and drain commissioners, which
shall consist of three electors of said city, nominated by the
mayor and confirmed by the councils, for a term of four
years, but in the first appointments the commissioners shall

e appointed, one for two years, one for three years, and one
for four years, or until their successors shall respectively be
appointed and qualify, which successors shall serve the full
term of four years, unless filling a vacancy. The board shall
select from among themselves a president, a secretary, and a
treasurer. The said commissioners shall give bond for the
faithful performance of their duties in such sum as the coun-
cils shall determine. The councils shall also provide the
compensation to be paid the commissioners. The board shall
elect such officers as are necessary, and manage the affairs
and business pertaining to the streets, sewers, and drains,
and employ labor, and receive proposals and sward contracts,
and enforce such rules and regulations as they may adopt, or
that may be prescribed by law, or the ordinances of the city,
and the said board of street, sewer, and drain commissioners
are prohibited from being interested in any way with the
contracts which may be made, either pecuniarily or other-
wise.

74. As soon as the water commissioners, and street, sewer
and drain commissioner shall have been appointed under this
act and qualify, the former commissioners shall immediately
vacate their offices respectively, unless re-appointed as herein

provided.
CHAPTER X.

75. The park and cemetery department of the city of
Norfolk shall consist of a board of commissioners, which con-
sist of the mayor, who shall be ex-officio the president, and
four commissioners elected by the councils, one for one year,
one for two years, one for three years, and one for four years,
and whose term of office shall, after the first election, be for
four years, or until their successors are elected and qualify.
They shall have the general control and management of the
parks, public grounds and cemeteries of the city, and shall
appoint such officers as are necessary, employ labor, receive
proposals, and award contracts, and enforce such rules and
regulations as they may adopt, or that may be prescribed by
law or the ordinances of the city. And the said board are
prohibited from being interested in any way with the con-
tracts which may be made, either pecuniarily or ot herwise.

76. The city engineer shall be nominated by the park and
cemetery, and street, sewer and drain commissioners, and
confirmed by the councils. He shall hold his office for four
years, unless sooner removed by the said commissioners, and

is salary shall be fixed by the councils.

CHAPTER XI.

77. The board of health shall consist of a member elected
from each ward of the city, by the councils, to serve for two
years, or until their successors are elected and qualified, and
three physicians, to be appointed from the city at large, by
the mayor, to serve the same period. The board shall have
the general control of the health of the city, as prescribed
by law, or the ordinances of the city, and shall appoint such
officers as are necessary, to be confirmed by the councils. As
soon as the board of health shall have been selected under
this act, the former board shall immediately vacate their

offices.
CHAPTER XII.

78. The school committee of ‘the city of Norfolk shall con-
sist of two members from each ward in the city.

79. The electors of cach ward shall at the election on the
fourth Thursday in May, eighteen hundred and eighty-two,
by a majority of the votes cast, elect two residents of the
ward as members of the school committee, one of whom shall
hold office for the term of two years, and one for the term
of four years, and until others are elected and qualified to act
in their places; and the members of said committee in each
ward shall determine their respective terms of office by lot.
At the election on the fourth Thursday in May, eighteen
hundred and eighty-four, and every two years thereafter, the
electors in each ward shall elect one of the residents of a
ward as a member of the school committee, who shall hold his
office for four years, or until a successor is elected and quali-
fied.

80. The mayor, president of the select and president of the
common councils, and chairman of the school committee of
the councils, shall be ex-officio members of the school com-
mittee. Whenever from any cause a vacancy in said school
committee shall occur, the remainder of the committee shall
fill the vacancy from the ward for the unexpired term. Every
member of the committee must reside in the ward he repre-
sents, and in case of removal from the same, his place becomes
vacant; andevery memberof said committee must be twenty-
one years of age.

81. The school committee of the city shall have and exer-
cise such powers as havo heretofore been vested in the school
board of the city of Norfolk, and which may hereafter be
prescribed by law or the ordinances of the said city. When-
ever the city councils shall fix upon a location for a school-
house, or shall determine that any schoolhouse lot ought to
be enlarged, they shall have authority to condemn the same
for such purposes, in such manner as hereinbefore provided
for laying out streets or public squares.

CHAPTER XIII.

82. The respective committees of the city councils shall,
from time to time, confer with the different boards of com-
missioners having the control of the departments in which
the committees are interested, and shall ascertain from them
the condition, wants, and needs of the different departments,
and from time to time report the same to the councils, with
estimates of the necessary appropriations for the same; and
the presidents of the different boards may be allowed to
address the convention of the councils at any meeting, a
majority of the members consenting, on the conditions and
needs of their departments. The mayor shall be ex-officio a
member of the board in every department of the city, but
shall not have a vote except in the board of park and ceme-
tery commissioners, of which he is president.

CHAPTER XIV.

83. All acts and parts of acts inconsistent with this act,
are hereby repealed, and all acts and parts of acts in any way
concerning said corporation and the rights of the people
thereof, or any of them, not inconsistent with this act, shall
be in as full force, to all intents and purposes, as if this act
had never been passed. .

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

Chap. 70.—An ACT to establish a Ferry or Bridge across the Rappa-
hannock river at or near the town of Falmouth.

Approved February 9, 1882.

1. Be it enacted by the general assembly of Virginia, That
it shall be the duty of the board of supervisors of Stafford
county, when petitioned by fifty voters of said county (one-
half of whom shall be freeholders), to build and operate a
ferry or bridge across the Rappahannock river at some con-
venient point between Ficklen’s and Scott’s bridges, not

Google
nearer than one hundred yards from either of said bridges.
The judge of said county shail appoint three commissioners,
whose duty it shall be to select and locate the said ferry or
bridge, with powers to condemn lands for landing and roads
necessary for said ferry or bridge. Said commissioners and
their successors, under the direction of the judge, shall con-
trol and manage such ferry or bridge in the interests of the
said county and such other county or districts or corporation
as may subscribe thereto as hereinafter provided, and shall
have power to require the collection of tolls from all parties
non-residents of the counties, districts or corporation sub-
scribing to said enterprise, not to exceed for each person, two
cents; and for each wheel, two cents; for each horse, mule
or ox, two cents; and for sheep, cattle and hogs, one cent
per head. The said tolls to be applied to the maintenance
and operating said ferry or bridge.

2. Should the county of King Goorge, or any one or more
of the districts thereof, or the city of Fredericksburg, by a
vote of the people, tax themselves to join with Stafford in
the opening and maintenance of said ferry or bridge, then
all the citizens of said county, districts or corporation sub-
sxnbing, whether they reside in the district in which such
subscription is made or not, shall, upon payment of their
pruportion, be entitled to enjoy the benefits of said bridge or
ferry, free from tolls, oron the same terms as it is enjoyed by
the citizens of Stafford; the proportion to be borne by eac
party subscribing shall be determined by the bridge commis-
rioners and representatives of the party subscribing.

3. The corporation of Fredericksburg and the county of
Kine George, or any district thereof, may, by a vote of the
people thereof respectively, avail themselves of the benefits
of the provisions of this act, and subscribe to said bridge or
ferry.

4. The council of Fredericksburg and the board of super-
visors of Stafford and King George counties are hereby em-
powered to borrow the necessary money with which to con-
struct said bridge or ferry, and the condemnation cf neces-
sary lands therefor, and for roads thereto leading; and they
are hereby empowered to issue bonds for the same in domi-
nations of not less than twenty-five dollars, and bearing
rates of interest not exceeding six per centum; and for the
redemption thereof, they are hereby authorized to assess the
tecessary tax, the same to be levied on said corporation,
county or district subscribing for said bridge or ferry.

5. If either King George county or the city of Fredericks-
burg subscribe, then the judge of the county or corporation
subscribing, may appoint a commissioner to rppresent the sub-
scriber and co-operate with those appointed by the judge of
Stafford, as provided by section one of this act.

6. Work on said ferry or bridge shall be commenced within
(wo years from the passage of this act, and be completed
within five years after such passage.
ACTS OF ASSEMBLY.

7. All acts or parts of acts heretofore passed relating to
said bridge or ferry, and particularly house bill number twelve
of the present session of the general assembly, are hereby
repealed.

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

Chap. 70.—An ACT to amend and re-enact the charter of the city
of Norfolk.

Approved April 21, 1882.

Whereas in the year of our Lord sixteen hundred and
eighty-two, ‘“‘a healthful and pleasant place, commodious for
trade and navigation, by act of the general assembly of the
colony and dominion of Virginia, was appointed and laid out
for a town, called by the name of Norfolk”; and whereas in
the year seventeen hundred and thirty-six, the said town
not being capable of containing all such persons as had
resorted thereto, divers of the King’s loving subjects having
seated themselves and families upon the adjoining lands, so
far as to a place called the Town Bridge, King George the
Second, by the grace of God, of Great Britain, France,
Ireland, king, defender of the faith, willing to encourage all
of his good and faithful subjects, as well those then residing
and inhabiting, as those that might thereafter reside and
inhabit within the said town of Norfolk and the places thereto
adjoining, so far as the Town Bridge, did upon the instance
and petition of divers of his dutiful and loyal subjects, consti-
tute and erect the said town of Norfolk, and the said part
thereto adjoining so far as the said bridge, a borough by the
name of the borough of Norfolk; and whereas after the date 0!
the said charter, divers persons, proprietors of the lands adja-
cent to the said borough having laid out the same into lots
and streets, many of which were built on and improved, it
was enacted in the year seventeen hundred and sixty-one, by
the lieutenant-governor, council, and burgesses of the gene-
ral assembly of the colony, that from and after seventeen
hundred and sixty-one, all the lands contained within the
lines and bounds herein described, including the town origi-
nally built on and established at the time of the granting of
the said charter, shall be deemed and taken to be the borough
of Norfolk, to wit: Beginning at the head of a creek called
Newton’s creek, and thence, within a line to be run north
fifty-nine degrees west, seventy-two poles to the head of
Smith’s creek; thence along the said Smith's creek, accord-
ing to its various courses and meanders, to the mouth thereof
in Elizabeth river; thence bounding on the said river, the
different courses thereof, to the mouth of the said Newton’s
creek, and thence up the said Newton’s creek to the begin-
ning; and whereas in the year of our Lord eighteen hundred
and forty-five, the borough of Norfolk having become con-
nected by steam communication with divers places on sea
and land, and the inhabitants thereof having great expecta-
tions, the general assembly of the commonwealth of Virginia
did enact that the name and style of the corporation of the
borough of Norfolk be henceforth “City of Norfolk,” and
granted to the inhabitants thereof a charter, with increased
powers and privileges; and whereas this charter was from
time to time altered and amended; and whereas in the year
of our Lord eighteen hundred and seventy-one a new charter
was granted by the general assembly to provide for the
ehanged condition of affairs resulting from the civil war;
and whereas now, in the two hundredth year of the exist-
ance of the corporation, many expectations of the old inbabi-
tants thereof are being realized, in the growth and prosperity
of the place; therefore, ;

1. Be it enacted by the general assembly of Virginia, That
the territory mentioned in the preamble to this act and pre-
scribed by former charters, and all territory added thereto by
an act hereafter passed by the general assembly of this
state, sha.] be deemed and taken as the city of Norfolk, and
the inhabitants of the city of Norfolk, for all purposes for
which towns and cities are incorporated in this com-
monwealt:, shall continue to be one body politic, in
fact and in name, under the style and denomination of the
city of Norfolk, 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
appertaining to said city as a municipal corporation. And
the police jurisdiction and authority of the mayor of the
city of Norfolk to pursue and capture criminals shall extend
one mile beyond the boundaries of the city, except within
the jurisdiction of the city of Portsmouth, while that corpo-
ration is independent of the city of Norfolk.
2. The administration and government of the said city
shall be invested in one principal officer, to be styled the
mayor; a board, to be called the councils of the city of Nor-
folk; and in such other boards and officers as are hereinafter
provided for. The councils of the city of Norfolk shall con-
sist of two bodies, namely, the common and select council,
with such rights, duties, powers, and privileges as are now
vested in them by law, or as may be vested in them by this
act or any act hereafter passed.

3. The said city shall be divided into four wards, which
number of wards the city council may hereafter increase as
they may deem it expedient. Until such revision be made,
tho boundary lines of wards shall remain as now established.

4. Whenever any special election shall be ordered by the
city councils for any object not provided for in the general
election law of the state, they shall communicate their order
for the same to the judge of the court of the corporation,
and the same proceedings shall be had as are provided by
the laws of the state for special elections to fill vacancies in
any municipal office.

5. The election of municipal officers hereafter mentioned,
shall be held on the fourth Thursday in May, eighteen hun-
dred and eighty-two, and on the fourth Thursday in May in
every second year thereafter, except for the election of city
treasurer, who shall be elected on the fourth Thursday in
May, eighteen bundred and eighty-two, and on the said
Thursday in every third year thereafter; and for members of
the select council, who shall be elected on the fourth Thurs-
day in May, eighteen hundred and eighty-two, and every
fourth year thereafter; and the said elections shall be con-
ducted under the provisions of the general election laws of
this state. .

6. In case of vacancies arising in any municipal office pro-
vided for by this act, the mayor shall nominate a qualified
person to fill such office for the unexpired term, to be con-
firmed by a convention of the councils, which may be con-
vened for the purpose; and in case of any vacancy arising
in the office of councilman, the select or common council, as
the case may be, shall elect a qualified person for the unex-
pired term.

7. The mayor and members of the city council, before
entering upon the duties of their respective offices, shall be
respectively sworn in accordance witb the laws of this state.
Such oath may be administered to the mayor elect by any
judge of a court of record commissioned to hold any such
court within said city; and the members of the city councils
by the mayor, being himself first sworn as aforesaid, or by
any judge of any court of record as aforesaid; and a certifi-
cate of such oaths having been respectively taken, shall be
filed with the treasurer of the city, and entered upon the
journal of the city councils. Every other person elected or
appointed to any office under this act, or under any law or
ordinance of the city councils, except laborers, teamsters, or
temporary clerks, shall, before he enters upon the duties of
such office, take and subscribe said oath and such other oaths
as may be required by law or ordinance, before the mayor;
and a certificate of the same shall be filed in the office of the
treasurer of the city. The clerk of the corporation court of
the eaid city shall notify all persons elected as aforesaid, and
the treasurer of the city shall notify all persons, appointed, as
aforesaid, of their election or appointment, as the case may be.
If any person elected or appointed to any office in said city shall
neglect to take such oath for ten days after receiving notice
of his election or appointment, or shall neglect for the like
space of time to givesuch securities as may be required of him
by the city councils, as hereinafter provided, or as may be
hereafter required by law or ordinance, he shall be considered
as having declined such office, and the same shall be deemed
vacant, and such vacancy shall be filled according to the pro-
visions of this act.

CHAPTER II.
Mayor.

8. The mayor shall be elected by the qualified voters of
the city of Norfolk for the term of two years, and until bis
successor shall be elected and qualified; and no person shall be
qualified to hold office of mayor except such as shall be quali-
fied to hold office under the constitution of this state. His
salary shall be fixed by the city councils, payable at stated
periods, and he shall receive no other compensation or emolu-
ment whatsoever; and no regulations diminishing such com-
pensation, after it has once been fixed, shall be made to effect

is compensation until after the expiration of the term for
which the mayor then in office shall have been elected. The
salary of the mayor, when fixed, shall so continue until
changed by the city councils, as aforesaid.

9. Ho shall, by virtue of his office, possess all the jurisdic-
tion, and may exercise all the powers and authority of a
justice of the peace of said city, in addition to the powers
hereby given by virtue of this act, or that may hereafter be
given to him by virtue of any other act of assembly. He
may designate any magistrate to hold his police court, and
the magistrate so designated shall be entitled to a fee of fifty
cents for each case, to be added as costs. He shall be ex-
officio a member of the board in all the departments of the
municipal government.

10. It shall be his duty to communicate to the city coun-
cils, annually, as soon as may be after the commencement of
the fiscal year, and oftener, if he shall deem it expedient, or
be required by said councils, either in writing or print, a
general statement of the situation and condition of the city
in relation to its government, finances and improvements,
with such recommendations as he may deem proper. Every
ordinance, resolution, or vote, to which the concurrence of
the common and select councils may be necessary, except a
uestion of adjournment, shall be presented to the mayor.
f he approve, he shall sign it; but if not, he shall return it

to the council in which it originated, with his objections; and

if it shall then pass that branch of the councils by a three-
fifths vote, it shall be referred to a convention of the coun-
cils, with the mayor's objections; and if it shall pass the con-
vention by a two-thirds’ vote, it shall become a law. If any
bill shall not be returned to the president of the branch in
which it originated, within ten days, it shall become a law.

All laws must be signed by the mayor.

11. He shall exercise a constant supervision over the con-
duct of all subordinate officers, have power and authority to
investivate their acts, have access to all books and documents
in their offices, and may examine said officers and their sub-
ordinates on oath. He shall also have power to suspend or
remove such officers 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 defense. On the removal or suspension of
such officer or officers, the mayor shall report the same, with
his reasons therefor, to the city councils, at their next stated
meetings. He shall have the power to discontinue all actions
brought on behalf of the city by any officer for the violation
of any of the ordinances of the city, and to order the dis-
eharge of the parties complained against, as well before as
after conviction in such action, whenever in his judgment it
is best for the interest of the city so to do. And he shall
also have authority to bring suit against any corporation or
individual, in the name of the city of Norfolk, for damages
to the highways, public buildings, health and other material
interests of the city, when in his judgment it is best for the
city, provided a majority of the councils approve.

12. In case of the absence or inability of the mayor, an
Justice of the peace in the city, selected by the mayor, shall
act as mayor, and shall discharge such municipal duties of
the mayor during such absence or inability.

13. In case a vacancy shall occur in the office of mayor,
the president of the select council shall act, or in his absence,
the president of the common council, in the discharge of his
municipal duties, until a convention of the councils shall
appoint a qualified person to fill the vacancy for the unex-
pired term by a two-thirds’ vote. But the president of the
council, so acting, shall not possess or exercise the powers
or authority of a justice of the peace of said city, but shall
designate somo justice to hold the police court, and he shall
receive no remuneration for discharging the municipal duties
of the mayoralty.
14. There shall be elected on the fourth Thursday in May,
eighteen hundred and eighty-two, seven electors from the
city at large, who shall constitute the select council, to serve
for four years, and a like number of members for this branch
of the city government shall be elected every four years
thereafter, unless the number be increased according to law.
And there shall be on the fourth Thursday in May, eighteen
hundred and eighty-two, fifteen councilmen, to serve for two
years, who shall constitute the common council—four to be
eleeted by the voters of the first ward, three by the voters
of the second ward, four by the voters of the third ward,
three by the voters of the fourth ward, and one by the second
and fourth wards combined; and the same number shall be
elected every two years thereafter, until a reapportionment
shall be made according to law. The councilmen shall reside
in the wards from which they are elected during their term
of office, and shall not be less than twenty-one years of age.

15. Should the portion of Norfolk county known as Atlan-
tic City, and territory adjacent, lying west of Church street
prolonged, be annexed to the city of Norfolk, it shall be
entitled to one member of the common council, who shall be
elected at a special election held for the purpose, and whose
term of office shall be the same as other members of this
branch of the city government. And it shall continue to
have one member until there is a reapportionment according
to law. Should the portion of Norfolk county known as
Brambleton, and the territory lying adjacent, east of Church
street prolonged, be annexed to the city of Norfolk, it shall
be entitled to one member of the common council, who shall
be elected at a special election held for.the purpose, and
whose term of office shall be the same as the other members
of this branch of the city government. And it shall con-
tinue to have one member until there shall be a reapportion-
ment according to law. Should the portion of Norfolk
county known as Berkeley, and the territory lying adjacent,
be annexed to the city of Norfolk, it shall be entitled to two
members of the common council, who shall be elected at a
special election beld for the purpose, and whose term of office
shall be the same as the other members of this branch of the
city government. And it shall continue to have two mem-
bers until there is a reapportionment according to law.
Should the city of Portsmouth, as it is now bounded, or with
any of its suburbs, be annexed to the city of Norfolk, it shall
be entitled to eight members of the common council, who
shall be elected at a special election held for the purpose—
two from each of the wards of the said city, and whose term
of office shall be the same as the other members of this
branch of the city government. And it shall continue to
have these eight members until there is a reapportionment

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according to law. Should the city of Portsmouth, as it is
now bounded, or with any of its suburbs, be annexed to the
city of Norfolk within four years of the passage of this act,
it shall be entitled to elect from the city (and suburbs, if
any consent), at large, two electors as members of the select
council of the city of Norfolk, to serve until July the first,
eighteen hundred and eighty-six. And if the city of Ports-
mouth becomes a part of the city of Norfolk at the election
on the fourth Thursday of May, eighteen hundred and
eighty-six, nine, instead of seven, electors shall be elected
from the city at large, to constitute the select council, and a
like number every four years thereafter. All members of
the common council elected from territory annexed, must
reside in the wards or territory until created wards, from
which they are elected during their term of office, and shall
not be less than twenty-one years of age.

16. The select council shall annually elect its officers, to
consist of a president, vice-president, and clerk; and the
common council shall elect annually its officers, to consist of
a president and vice-president; the city treasurer shall be ex-
officio clerk of the common council, and shall have an assist-
ant; but he shall attend when practicable as clerk of the
convention of the councils, and keep its proceedings in a
separate journal. The select and common councils, respec-
tively, may elect such other officers and clerks as they ma
deem necessary; which officers, respectively, shall be liable to
be removed by the councils, respectively, each acting for
itself in this regard, with power to. the respective councils,
each acting for itself, to supply any vacancy occurring. The
president, or the president pro tempore, who shall preside
when the proceedings of a previous meeting are read, shall
sign the same. The president shall have power, at any
time, to call a meeting of the councils; and in case of his
absence from sickness, disability, or refusal, the councils
may be convened by the order, in writing, of any five mem-
bers of the common council, or three of the select council.

17. The council shall have the authority to compel the
attendance of absent members; to punish members for dis-
orderly behavior; and by a vote of two-thirds of the council
to expel a member for malfeasance or misfeasance in office.
They shall keep a journal of their proceedings; and their
meetings shall be open. A majority of the members of the
councils shall constitute a quorum for the transaction of
business. But on all ordinances or resolutions appropriating
money, imposing taxes, or authorizing the borrowing of
money, the yeas and nays shall be entered on the journal,
and a majority of all the members elected to each council
shall be necessary to give them the force of law. No vote
shall be reconsidered or rescinded at a special meeting,
unless at such special meeting there be present as large a
number of members as were present when such vote was
taken.
18. The city councils shall have, subject to the provisions
heroin contained, the control and management of the fiscal
and municipal affairs of the city, and of all property, real
and personal, belonging to the said city, not specially put
under the supervision of commissioners or other officers by
this charter; and may make such ordinances, orders, and by-
laws, relating to the same, as it shall deem proper and neces-
sary. 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:

First. To establish markets in and for said city; prescribe
the times and places for holding the same; provide suitable
buildings therefor, and to enforce such regulations as ehall be
necessary or proper to prevent huckstering, forestalling, and
regrating.

econd. 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 city receiving or entitled to
the benefits of the poor laws, and regulate pauperism within
the limits of the city; and the councils, through the agencies
they shall appoint for the direction and management of the
poor of the city, shall exercise the powers and perform the
duties vested by law in overseers of the poor.

Third. To erect and keep in order all public buildings
necessary or proper for said city.

Fourth. To erect within said city a city prison, and said
prison may contain such apartments as shall be necessary for
the safe-keeping and employment of all persons confined
therein.

Fifth. To establish or enlarge water works, gas works,
and electric lights 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 connected therewith, or any of the fixtures
or appurtenances thereof. They shall have power to protect
from injury, by adequate penalties, the said works, pipes, fix-
tures, and land, 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, or in other places where the water
may be affected thereby; and such prohibition may be en-
forced by proper penalties.

Sixth. To establish, construct, and keep in order, alter, or
remove landings, wharves, and docks on land belonging to
the city; and to lay and collect a reasonable duty on vessels
coming to and using the same; and to regulate the manner
of using other wharves and landings within the corporate
limits, and prescribe the rates of wharfage to be paid by ves-
sels using the same; to prevent or remove all obstructions ir
and upon any landings, wharves, or docks; to deepen and
clean the harbor and river. They may buy or build bridges
connecting the corporation with any suburb town, or
village.

Seventh. To close, extend, widen, narrow, lay out, gradu-
ate, improve, and otherwise alter streets and public alleys in
the said city, and have them properly lighted and kept in
good order, and they may make or construct sewers or ducts
through the streets or public grounds of the city, and
through any place or places whatsoever, when it may be
deemed by the councils expedient. The councils may have
over any street or alley in the city, which has been or may
be ceded to the city, like authority as over other streets or
alleys; they may build bridges in, and culverts under said
streets and alleys; and may prevent or remove any structure,
obstruction or encroachment over or under or in a street or
alley, or any sidewalk thereof, and may have shade trees
planted along the said streets. They may also regulate
the size, materials, and construction of buildings hereafter
erected, in such manner as the public safety and convenience
may require.

Kighth. To prevent the cumbering of streets, avenues,
walks, public squares, lanes, alleys or bridges, in any manner
whatever.

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

Tenth. To determine and designate 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
the said engines or cars, if they please: provided no contract
be thereby violated.

Eleventh. 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, how-
ever, that this section shall not apply to vehicles cominginto
and not owned in said city.

Twelfth. To require spirituous liquors, wine, oil, molasses,
vinegar, and spirits of turpentine, in casks, to be gauged and
inspected; and may make provision for the weighing of
cotton and hay, fodder, oats, shucks, or other long forage.
They may also provide for measuring corn, vats, grain, coal,
stone, wood, lumber, boards, potatoes, and other articles for
sale or barter.

Thirteenth. To require every merchant, retailer, trader,
and dealer in merchandise, 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 sub-
ject to his inspection; and may impose penalties for any vio-
lation of any such ordinance.

Fourteenth. To provide, or aid in support of colleges,
public schools and libraries.
Fifteenth. To secure the inhabitants from contagious, in-
fectious, or other dangerous diseases; to establish, erect and
regulate hospitals; to provide for and force the removal of
patients to said hospitals; to furnish the board of health of
said city with the authority necessary for the prompt and
efficient performance of its duties.

Sixteenth. To provide, in or near the city, lands, to be ap-
propriated, improved and kept in order as places for the in-
terment of the dead, and may charge for the use of grounds
in the said places of interment, and may regulate the same;
may prevent the burial of dead in the city, except in the
public cemeteries; may regulate burials in said grounds, and
may require the keeping and return of bills of mortality by
the keepers or owners of all cemeteries, and the proceeds of
the sales of all lots and materials in any public cemetery shall
be reserved as a fund to keep such cemetery in order, and
shall not be used for any other purpose.

Seventeeth. To establish public squares, regulate and orna-
ment the same, and to expend not more than: fifty thousand
dollars in the purchase of lands, or flats, convenient to the
city, for the purpose of establishing parks and exhibition
grounds, and for the laying out and building on the same.

Eighteenth. To require and compel the abatement and re-
moval of all nuisances within said city at the expense of the
person or persons causing the same, or the owner or owners
of the ground whereon the same shall be; to prevent or reg-
ulate slaughter-houses and soap and candle factories within
said city, or the exercise of any dangerous, offensive or un-
healthy business, trade or employment therein; and to regu-
late the transportation of coal and other articles through the
streets of the city.

Nineteenth. If any ground in the said city shall be subject
to be covered by stagnant water, or if the owner or owners,
occupier or occupiers thereof, shall permit any offensive or
unwholesome substances to remain or accumulate therein,
the councils may cause such ground to be filled up, raised or
drained, or may cause such substances to be covered or to be
removed therefrom, and may collect the expense of so doing
from the said owner or owners, occupier or occupiers, or an
of them, by distress and sale, in the same manner in whic
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 agents. In case of
non-resident owners, who have no agent in said city, such
notice may be given by publication, for not less than four
weeks, in any newspaper printed in said city.

Twentieth. To direct the location of all buildings for stor-
ing gunpowder or other combustible substances; and to regu-
late the sale and use of gunpowder, fire-crackers, or fire-
works, manufactured or prepared therefrom, kerosene oil,
nitro-glycerine, camphene, burning-fluid, or other combusti-
ble material; to regulate the exhibition of fire-works, the
discharge of fire-arms, the use of candles and lights in barns,
stables, and other buildings, and to restrain the making of
bon-fires in streets and yards, and to prohibit the carrying of
concealed weapons.

Twenty-first. To prevent hogs, dogs, and other animals
from running at large in the city, and may subject the same
tosuch confiscations, levies, regulations, and taxes, as they
may deem proper: and the councils may prohibit the raising
or keeping of hogs in the city. ;

Twenty-second. To prevent the riding or driving of horses
or other animals at an improper speed; to prevent the flying
of kites, throwing stones, or the engaging in any employment
or sports in the streets or public alleys dangerous or annoy-
ing to passengers; and to prohibit and punish the abuse of
animals. | |

Twenty-third. To restrain and punish drunkards, vagrants,
mendicants, and street-beggars.

Twenty-fourth. To prevent vice and immorality; to pre-
serve public peace and good order; to prevent and quell
nots, disturbances, and disorderly assemblages; to suppress
houses of ill-fame and gaming-houses; to prevent lewd, inde-
cent, and disorderly conduct or exhibitions in the city, and
to expel therefrom persons guilty of such conduct who shall
not have resided therein as much as one year.

Twenty-fifth. To forbid and prevent the vending or other
disposition of liquors and intoxicating drinks to be drunk in
any boat, store, or other place not duly licensed; and to for-
bid the selling, or giving to be drunk, any intoxicating
liquors to any child or minor, without the consent of his or
her parents or guardian; and for any violation of any such
ordinance, may impose fines in addition to those prescribed
by the laws of the state.

Twenty-sixth. To prevent the coming into the city from
beyond the limits of the state, of persons having no ostensi-
ble means of support, or of persons who may be dangerous
to the peace and safety of the city; and for this purpose may
require any railroad company, or the captain or master of
any vessel, bringing such passengers to Norfolk, 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 from
whence they came, and compel the persons to leave the city
if they have not been in the city more than ninety days
before the order is given.

19. Where, by the provisions of this act, the city councils
have authority to pass ordinances on any subject, they may
prescribe any penalty, not exceeding five hundred (except
where a penalty is herein otherwise provided for), for a
violation thereof, and may provide that the offender, on fail-
ing to pay the penalty recovered, shall be imprisoned in the
jail of said city for any term not exceeding three calendar
months; which penalties may be prosecuted and recovered,
with costs, in the name of the city of Norfolk.
20. No ordinance hereafter passed by the city councils, for
the violation of which any penalty is imposed, shall take
effect until the same shall have been signed by the mayor
and published for five days successively in two of the daily
newspapers of said city, to be designated by the said coun-
cils. A record or entry made by the treasurer of the 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;
at all laws, regulations, and ordinances of the city councils
may be read in evidence in all courts of justice, and in all
proceedings before any officer, body, or board in which it shall

e necessary to refer thereto, either from a copy thereof, cer-
tified by the clerk of the common council, or from the volume
of ordinances printed by the authority of the city. .

21. The councils shall not take or use any private property
for streets or other public purposes, without making to the
owner or owners thereof just compensation for the same.
But in all cases where the said city cannot, by agreement,
obtain title to the ground necessary for such purposes, it
shall be lawful for the said city to apply to and obtain from
the circuit or county court of the county in which the land
shall be situated, or to the corporation court of the city, if
the subject lies within the city, for authority to condemn the
same, which shall be applied for and proceeded with as pro-
vided by law.

22. In every case whero a street in said city has been or
shall be encroached upon by any fence, building, or other-
wise, the city councils 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-
movals shall not be made within the time ordered by the
councils, 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 that they are hereinafter empowered to col-
lect 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. .

23. Whenever any street, alley, or lane shall 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 all purposes, and the city shall have the same authority
and jurisdiction over, and right and interest therein as they
have by law over the streets, alleys, and lanes laid out by it.
And any street or alley, reserved in the division, or subdivi-
sion into lots of any portion of the territory within the cor-
porate limits of the city by a plat or plan of record, shall be
deemed and held to be dedicated to the public use; and the
councils shall have authority, upon the petition of any per-
son interested therein, to open such street or alley, or any
portion of the same. No agreement between, or release of
interest by the person owning the lands immediately con-
tiguous to any such alley or street, whether the same has
been opened and used by the public or not, shall avail or
operate to abolish said alley or street, as to divert the inter-
est of the public therein, or the authority of the councils
over the same.

24. Whenever any street shall be laid out, a street graded
or paved, a culvert built, or any other public improvement
whatsoever made, the city councils may determine what por-
tion, if any, of the expense thereof ought to be paid from
the public treasury, and what portion by the owners of real
estate benefited, or may order and direct that the whole
expense be assessed upon the owners of real estate benefited
thereby. But no such public improvements shall be made,
to be defrayed, in whole or in part, by a local assessment,
until first requested by a petition signed by a majority of
the owners of property to be assessed for such improvement,
or unless the councils in convention, as provided in section
twenty-eight of this act, shall concur in voting any improve-
ment to be expedient, or in determining to make the same,
after allegations have been heard, in which case no petition
or request shall be necessary: provided, however, that such
measure shall be decided by a two-thirds vote of the mem-
bers present at such convention: and provided further, that
there shall be a quorum of each council present at such con-
vention.

25. The city councils 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 councils may, from time to time, deem proper, or shall
be fixed by this act, or any other act of assembly hereinafter
enacted.

26. If any person, having been an officer of said city,
shall not, within ten days after he shall have vacated or
been removed from office, and upon notification and request
of the mayor, or within such time thereafter as the city
councils shall allow, deliver over to the mayor all the prop-
erty, books, and papers belonging to the city, or appertain-
ing to such office in his possession, or under his control, he
shall forfeit and pay to the city the sum of five hundred dol-
lars, to be sued for and recovered, with costs. And all books,
records, and documents used in any such office, by virtue of
any provision of this act, or of any ordinance or order of
the city councils, or any superior officer of said city, shall be
deemed the property of said city, and appertain to said
office, and the chief officer thereof shall be responsible there-
for.

CHAPTER IV.

27. There shall be elocted by the qualified voters of the
city of Norfolk on tho fourth Thursday in May, eighteen
hundred and eighty-tw’o, and the fourth Thursday in May in
every second year thereafter, the following officers: One col-
lector of city taxes and levies, one commissioner of the rev-
enue, one city attorney, one inspector of streets, one clerk of
the market, one health officer, one keeper of the almshouse,
one weigher of hay, one sealer of weights and measures, and
inspector of wood and coal, one gauger and inspector of
liquor, four justices of the peace, and one high constable,
who shall hold their offices for the term of two years from
the first day of July ensuing their election, and until their
successors shall be elected and qualified, unless sooner
removed. There shall also be elected on the fourth Thursda
in May, eighteen hundred and ecighty-two, and on the four
Thursday in May in every third year thereafter, one city
treasurer, who shall perform such duties as may be required
by law or ordinance, and who shall hold his office for the
term of three years from the first day of July ensuing his
election, and until his successor shall be elected and quali-
fied, unless sooner removed from office. The officers herein-
before enumerated, shall give such bonds and be subject to
such rules and regulations as now are or may hereafter be
prescribed by law or ordinance. All other officers, clerks,
and assistants, whether required by law or ordinance, shall
be appointed by the councils at their first regular meeting
after the election, or by a convention of the councils held in
July, and called for the purpose, or as soon thereafter as
may be practicable; and the councils shall have power to
create such offices and appoint such officers, clerks, and assist-
ants as they may deem necessary, not inconsistent with the
provisions of this act, or the constitution and Jaws of the
state or United States.

28. Ordinances and resolutions may originate in either the
select or common councils, to be approved or rejected by the
other, and may be amended by either council with the con-
sent of the other. But when the councils cannot agree upon
any ordinance or resolution, they shall, after the ordinance
or resolution has been pending thirty days, assemble together
in convention, at which the president of the select council
shall preside, or in his absence, the president of the common
council, or in the absence of the presidents, the vice-presi-
dent of the select council shall preside, or in the absence of
these three, the vice-president of the common council; and
no convention shall be held if all four of these officers shall
be absent; and such ordinance or resolution shall be finally
decided by a vote of three-fifths of the members present at
such convention: provided, however, that a quorum of each
council shall be present at such convention. A convention
of the councils shall be called at any time by the presiding
officers (pro tempore, if necessary) of the two branches, or
by the mayor.

29. The councils may, so far is not inconsistent with the
provisions of this act, or the constitution and laws of the
state and the United States, define the powers, prescribe the
duties and compensation, and take from any of the officers
hereinbefore or hereinafter provided for, bonds with sureties
in such penalties as to the council may seem fit, payable to the
city in its corporate name, with the condition for the faithful
performance of said duties. All officers appointed by the
councils may be removed from office at their pleasure; but
this power shall not be construed to interfere with the
authority of the mayor to suspend or remove any city officer
for cause.

30. The parties to bonds taken in pursuance of the pre-
ceding section, their heirs, devisees, executors, and adminis-
trators shall be subject to the same proceedings on the said
bonds for enforcing the conditions and terms thereof, by
motion or otherwise, before the corporation or circuit court
of the city of Norfolk, that collectors of the county levy and
their sureties are or shall be subject to on their bonds for
enforcing payment of the county levies.

31. There shall be elected by the qualified voters of the
city of Norfolk, on the fourth Thursday in May, and every three
years thereafter, one city treasurer, who shall hold his office
for the term of three years, and until his successor be elected
and qualified, unless sooner removed from office. He shall
give bond, with sureties, to the amount of not less then fifty
thousand dollars; said bond to be approved by the city coun-
cils, entered on their records and filed in the clerk’s office for
the court of the corporation. The said treasurer shall per-
form such duties, have such powers, and be liable to such
penalties as may be prescribed by said existing laws or ordi-
nances, or as may be prescribed by laws or ordinances here-
after enacted or ordained, and he shall be ex-officio clerk of
the common council and of the convention of the councils.
In case of a vacancy in the office from any cause whatever,
the mayor shall nominate a qualified person to fill said office
for the unexpired term, to be confirmed by a convention of
the councils.

32. There shall be elected by the qualified voters of the
city of Norfolk, one collector of the city taxes, who shall hold
his office for the period of two years, and until his successor
shall be elected and qualify, unless sooner removed from
office. He shall give bond, with sureties, to the amount
of not less than fifty thousand dollars; said bond to be
approved by the city councils, entered on their records, and
filed in the office of the city treasurer. The said collector
shall perform such duties, have snch powers, and be liable to
such penalties and be required to give such bond and security
as may be prescribed by existing laws or ordinances, or as
may be prescribed by law or ordinances hereafter enacted or
ordained.

33. It shall be the duty of said collector to conduct all the
proceedings and render all the service necessary to perfect
the sale and transfer of real estate in said city, where the
same shall be sold, or advertised for sale for the non-payment
of any tax or assessment imposed by the city councils, as
hereinafter provided. In case of a vacancy in the office, from
any cause whatever, the mayor shall nominate a qualified
person to fill said office for the unexpired term, to be con.
firmed by a convention of tbe councils.

34. There shall be elected by the qualified voters of the

‘city of Norfolk, one commissioner of the revenue, who shall
hold his office for the period of two years, and until his suc-
cessor shall be elected and qualify, unless sooner removed
from office. He shall give bond, with sureties, to the amount
of not less than ten thousand dollars; said bond to be
approved by the city councils, entered on their record and
filed in the office of the city treasurer.

35. The said commissioner of the revenue shall perform
such duties, have such powers, and be liable to such penalties
as may be prescribed by existing laws or ordinances, or as
may be prescribed by laws or ordinances hereafter enacted or
ordained. In case of a vacancy in the office, from any cause
whatever, the mayor shall nominate a qualified person to fil!
the said office for the unexpired term, to be confirmed bys
convention of the councils.

36. There shall be elected by the qualified voters of the
city of Norfolk a suitable and proper person, who shall be
the attorney and counsel for the corporation, who shall hold
his office for the period of two years, unless sooner removed,
and until his successor shall be elected and qualified.

37. 'The said attorney shall perform such duties, have such

owers, and be liable to such penalties as may be prescribed

By existing laws or ordinances, or as may be prescribed
by laws or ordinances hereafter enacted or ordained, and he
shall be the legal adviser of the mayor, when called upon,
and shall prosecute or defend all suits in which the mayor
shall decide the city is interested, and shall assist the mayor
in any action against a city officer who has been suspended
for cause; and should the mayor have cause for suspending
the city attorney, he shall have the authority to appoint an
attorney in his place, who shall be entitled to receive the
salary of the office while filling it.

38. There shall be elected by the qualified voters of the
city of Norfolk a suitable and proper person, who shall be
high constable; who shall hold his office for the term of two
years, and until his successor is elected and qualified, unless
sooner removed from office. He shall give bond, with sure-
ties, to be approved by the judge of the corporation court,
in the penalty of not less than five thousand dollars, payable
to the commonwealth of Virginia, and conditioned for the
faithful performance of his duties, said bond to be filed in the
office of the clerk of said court. He shall perform such
duties, have such powers, and be subject to such penalties as
are now or hereafter may be prescribed by the laws in refer-
ence to constables in the various counties and corporations of
this commonwealth; said high constable may appoint, with
the approval of the judge of the corporation court, one or
more deputies to attend to and execute the duties of his
office, but the sureties on the bond of the said high constable

Google
all be equally liable for the acts of the said deputy or depu-
es as for those of the principal. The judge of the corpora-
on court shall have the power to remove the high constable,
‘any of his deputies, for cause, and appoint others in their
ace.

39. The mayor sball have power to appoint a clerk to serve
iring his term of office, unless removed by him, who shall
tend daily at his office, and perform such duties as he may
quire, and he shall act as the clerk of the board of police
ymmissioners. His pay shall be the same as a sergeant of
1e¢ police force.

40. The mayor shall have the power to nominate a janitor,
» be confirmed by the councils, whose duties shall be, under
irection of the mayor, to keep the city hall building and
rounds in order. His pay shall be the same as a member of
he police force.

CHAPTER V.
Finances.

41. The city councils, with the approval of the mayor,
nay, in the name and for the use of the city, contract loans,
r cause to be issued certificates of debt or bonds; but such
oans, certificates or bonds shall not be irredeemable for a
eriod greater than thirty-four years: provided, however,
hat they shall not contract such loans or issue such certifi-
ates of debt or bonds for the purpose of subscribing to the
tock of any company incorporated for a work of internal
mprovement, or other purposes, nor endorse the bonds of
ny such company, without first being authorized so to do
yy three-fourths of the legal voters of the city; and they
shall not issue any such certificates of debt or bonds, or incur
any indebtedness in the namo of, or for or on account of the
said city, or increase the said indebtedness, at any time, to
an amount greater than twenty per centum of the assessed
value of property, real and personal, set forth and contained
in the rolls or books of assessment of the commissioner of
the revenue of the city.

$42. For the execution of their powers and duties, the
city councils may raise annually, by taxes and assessments
in said city, such sums of money as they shall deem neces-
sary to defray the expenses of the same, and in such manner
as they shall deem expedient, in accordance with the consti-
tution and laws of this state and the United States: provided,
however, that they shall impose no tax on the bonds of said
city.

§43. The councils may vest in the collector 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

ereafter be vested in a sheriff or collector of the state taxes;
may prescribe the mode of his proceeding, and the mode of
proceeding against him for failure to perform his duties.
§ 44. All goods and chattels, wheresoever found, may be
distrained and sold for taxes assessed and due thereon; and
no deed of trust or mortgage upon goods or chattels shall
prevent the same from being distrained and sold for taxes
assessed 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 and chattels conveyed, from
being distrained and sold for taxes assessed thereon, no mat-
ter in whose possession they may be found.

§ 45. Any payment of taxes made by a tenant, unless
under an express contract contained in his lease, shall be s
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
otherwise, the tax shall be refunded out of such estate.

§ 46. There shall be a lien on real estate for the city taxes.
as assessed thereon from the commencement of the year for
which they were assessed. The city councils may require
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 under the provisions hereinafter
made.

§ 47. The collector of city taxes shall, under the direction
of the city councils, cause a notice of the time and place of
such sale to be published in one or more of the daiiy news-
papers published in said city, at least ten days previous to
such sale; and he shall also cause to be published in one or
more of said daily papers, on some day not more than twenty
days nor less than ten days previous to such sale, a list of the
several parcels of real estate to be sold, describing therein
each parcel of real estate in the same manner as 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.

§ 48. Ifsuch tax or assessment, and the percentage, interest,
and expenses aforesaid, 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 collector
shall proceed to make sale accordingly of the said several
sarcal of real estate, or so 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 collector 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 collector shall not for himself,
either directly or indirectly, purchase any real estate so sold.

49. 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 the interest and charges, then the same

shall be struck off to the city. On such sale, the collector
shall execute to the city a certificate of sale, in which the
property purchased shall be described, and the aggregate
Bmount of tax or assessment, with charges and expenses
specified, and shall deposit such certificate with the treas-
urer.

50. The owner of any real estate so sold, his heirs, or
assigns, or any person having a right to charge such real
estate for debt, 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 so sold, and
such additional taxes thereon as may have been paid by the
purchaser, 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 tuxes at the
rate of twelve 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 purchaser, his heirs, or assigns may refuse to receive the
same, or may not reside, or cannot be found in the city of
Norfolk.

51. 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 five 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, his heirs, or assigns, and the appraised value
of any improvement that may have been made thereon, with
interest on the said items at the rate of twelve per centum

er annum, from the time the same may have been paid.

pon such payment, within two years after the removal of
such disability, the purchaser, his heirs, or asssigns, 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.

52. 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 treasurer 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. If the purchaser shall
have died, his heirs, or assigns, may move the corporation
court of said city to order the treasurer to execute a deed
to such heirs or assigns.

53. 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 clainis title, unless
such irregularity 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 arrear, the party making such
allegation must establish the truth thereof by proving that
the taxes were paid.

54. In case that any real estate struck off to the city, as
hereinbefore provided, shall not be redeemed within the time
specified, the city treasurer shall, within sixty days after the
expiration of two years 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 assigns, shall acquire an absolute title to the same in
fee. The said certificate may be acknowledged, or proved
and recorded, 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 presumptive evidence of the facts therein stated,
and of the regularity and correctness of such sale, and all
proceedings prior thereto.

55. The city councils, in convention, shall elect three citi-
zens, frecholders, a board of sinking fund commissioners, to
hold their position during good behavior; and whenever a
vacancy shall occur in said board by death, resignation, or
otherwise, shall elect some person or persons to fill such
vacancy, being citizens and freeholders, and said board shall
have charge of the sinking fund of the city, and the treas-
urer shall pay over to them all moneys appropriated to said
fund by any law or ordinance; which board and their suc-
cessors shall, by and with the advice of the mayor and
chairman of the committee of finance of the councils of the
city, for the time being, hold, manage, and invest the same in
such manner as shall best conduce to the extinguishing of
the city debt; and the said commissioners may, at all times,
either in their own names or the name of the city of Nor-
folk, institute and prosecute all suits in law or equity, which,
in the opinion of such board, may be necessary in the man-
aging and conducting of said sinking fund; and said com-
missioners shall, before entering upon their duties, give
bonds to the satisfaction of the mayor of said city, for the
faithful discharge of the duties of their trust, and all the
property and rights of property of every description belong-
ing to said sinking fund, shall vest in and belong to said
commissioners, as trustees for the time being, who shall have
complete title thereto for all purposes of said trust; and it
shall be the duty of the said board of sinking fund commis-
sioners, together with the mayor, to see that the city
indebtedness is not increased by the issue of bonds, beyond
twenty per centum of the assessed value of real and personal
property, as returned by the commissioner of the revenue of
the city at the time of the issue; and all issues of bonds
shall, hereafter, bear upon their face a certificate to this
effect from the board of sinking fund commissioners.

CHAPTER VI.
Police Department.

56. The police department of the city of Norfolk shall be
under the general control and management of the board of
police commissioners thereof, which shall consist of the
mayor and two commissioners, appointed annually in Jan-
uary by the judge of the corporation court; of which board
the mayor shall be president, and shall have a casting vote.
The mayor and either one of said commissioners shall form
@® quorum for the transaction of any business. 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 government and disci-
pline of said police force: provided that said rules, regula-
tions, and orders shall not, in any way, conflict with any
ordinance of the city councils, or of the provisions of this
act, or the constitution and laws of this state or of the
United States.

57. The said police commissions, after taking the oath of
office as such commissioners, shall meet at the office of the
mayor, or other suitable place, as the mayor may, in writing,
appoint. They shall perform the duties of said office with-
out any compensation, reward, or salary therefor from said
city, except that nothing herein shall in any way conflict
with the payment of the salary elsewhere provided to be
paid to the said mayor.

58. It shall be the duty of said police commissioners to
select from among the electors of said city, who shall have
resided therein for two years, and appoint by warrant of
appointment, bearing the signatures of all three of said com-
missioners to be immediately filed with the city treasurer, so
many permanent policemen, officers, and patrolmen as may be
authorized by the city councils; and said board shall also
appoint, with the approval of the city council, one chief of
police, and such other assistants and officers as they may
deem necessary, who shall hold office for the term of two
years, through whom the mayor may promulgate all rules,
regulations, and orders to the whole force, and who shall
have immediate direction and control of said force, subject,
however, at all times, to the rules, regulations, and orders of
said board, promulgated by the mayor, and to the orders of
the mayor; and each policeman of said police force, ap-
pointed in manner as aforesaid, may hold his respective office

uring the term of good behavior, or until said board, by
unanimous vote, shall remove him; but in case of misconduct
on the part of such chief, or any member of said police force,
then he may be removed by the decision of said board, as
hereinafter provided, or by a two-thirds’ vote of the city
councils, and no chief, assistant chief, or policeman, shall be
appointed without the consent of the mayor.

59. In times of exigency, said commissioners, or a major-
ity of them, or any one of them, if the others should
be absent from the city or unable to act, may appoint, tem-
porarily, without authority from the city council, a suitable
number of additional policemen for such time as shall appear
necessary, not, however, to extend beyond the time of the
next meeting of the city councils.

60. The mayor, at any time, upon charges being preferred,
or upon finding said chief or any other member of said police
force, guilty of misconduct, shall have power to suspend such
member trom service until the board of commissioners shall
convene and take action in the matter: provided, however,
that such member shall not remain so suspended for a longer
period than thirty days without an opportunity of being
heard in his defence; and upon hearing the proofs in the
case, the mayor and one of the commissioners may discharge
or restore such member, and the pay or salary of such mem-
ber shall cease from the time of suspension to the time of
restoration to service, unless otherwise ordered by said board
of commissioners in their written decision, which shall be
filed with the treasurer, and any violation of the rules, regu-
lations, or orders of the board, after promulgation by the
mayor, or orders of any superior, shall be good cause for dis-
missal.

61. The salary and pay of the officers and policemen shall
be determined by the city councils, and all bills of expense
on account of the police department shall be audited by at
least two of said commissioners.

62. The said chief of police, and every policeman duly
appointed as aforesaid, shall have issued to him a warrant of
appointment, signed by the president of the board and coun-
tersigned by the treasurer, stating the date of his appoint-
ment, which shall be his commission; and he shall take such
oath as the city councils may ordain, and subscribe the same
in a book to be kept for that purpose by the said treasurer.

63. The said chief of police and policemen shall generally
have power to do whatever may be necessary to preserve the
peace and good order of said city, and to secure its inhabi-
tants from personal violence and their property from loss
and injury. And the said police force shall, in criminal cases,
have the same powers and duties and to be subject to the
same penalties that are prescribed by law as to constables.

64. The said board of commissioners may prescribe such
uniforms and badges for the police force as they may deem
proper and direct in what manner they shall be armed.
And if any person, other than a ‘policeman, shall publicly
wear such uniform and badges as may be prescribed as afore-
said, he may be subjected to such fine, not exceeding the
sum of hundred dollars, as the city councils may ordain.

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CHAPTER VII.
Fire department.

65. The fire department of the city of Norfolk shall be
under the general control and management of the board of
fire commissioners, which shall consist of three electors of
said city, nominated by tho mayor and confirmed by the
councils, for a term of two years, or until their successors are
appointed and qualify. The commissioners shall choose from
their body a president; and they shall elect a chief and two
assistant engineers, subject to the approval of the councils,
and appoint such other officers and firemen as they may deem
necessary, during their term of office. They may also make
rules and regulations for the government of the officers and
men of said fire department; may prescribe their respective
duties in case of fire or alarms of fire; may direct the dresses
and badges of authority to be worn by them; may prescribe
and regulate the time and manner of their exercises, and
may impose reasonable fines for the breach of any such regula-
tions.

66. As soon as the said commissioners shall have taken
the oath of office and entered upon the discharge of their
duties, and the appointment of officers and firemen are made
in the manner as herein provided, then all the officers and
firemen shall immediately vacate their respective offices,
unless reappointed as herein provided.

67. The salary and pay of the officers and firemen shall be
determined by tho city councils, and all bills of expense on
account of the fire department shall be audited by at least
two of said commissioners.

68. For the purpose of guarding against the calamities of
firo, the city councils may make such ordinances as they may
deem proper to extinguish and prevent fires, prevent prop-
erty trom being stolen, and to compel citizens to render
assistance to the fire department in case of need; and they
may, from time to time, designate such portions and parts of
said city as it shall think proper within which no buildings
of wood shall be erected, and may regulate the manner of
construction of all buildings. They may prohibit the erec-
tion 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 in the city, prohibit the erection in
such square of any building, or addition to any building,
unless the outer walls thereof be made of brick and mortar,
or stone and mortar, or some other fire-proof material; and
may provide for the removal of any such building or addi-
tion which shall be erected contrary to such prohibition, at
the expense of the owner or builder thereof. And if any
building shall have been commenced before said petitions can
be acted on by the councils, or if a building in progress
appears clearly to be unsafe, the councils may have such
buildings taken down.

69. Whenever any building in said city shall be on fire, it
Shall be the duty of, and lawful for, the chief engineer to
order and direct such building, or any other building which
he may dcem 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 be maintained
against any person or against the said city therefor. But
any person interested in any such building so destroyed or
injured, may, within three months thereafter, apply to the
city councils to assess and pay the damages he has sustained.
At the expiration of the three months, if any such applica-
tion shall have been made in writing, the city councils 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.

70. 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 this city as provided
above, shall take into account the probability of the same
having been destroyed or injured by fire if it had not been
so 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 councils shall be
deemed a full satisfaction of all said damages of the said
claimant. But any party fecling aggrieved thereby, may
appeal to the corporation or circuit court for the city of

orfolk, which court in taking jurisdiction thereof, shall be
controlled by the laws regulating assessments of damages
to real estate in other cases.

CHAPTER VIII.

71, The water department of the city of Norfolk shall be
under the general control and management of the board of
water commissioners, which shall consist of three electors of
said city, nominated by the mayor and confirmed by the
councils, for a term of two years, or until their successors are
appointed and qualify. The commissioners shall select from
their body a president, a secretary, and a treasurer. The
treasurer shall give a bond in the sum of ten thousand dol-
lars, and shall receive such compensation as the councils may
authorize; the councils may also allow compensation for the
services of the other commissioners.
72. The water commissioners shall elect such officers as
are necessary, and manage the affairs and business of said
water-works, and employ labor, receive proposals and award
contracts, and enforce such rules and regulations as they may
adopt, or that may be prescribed by law or the ordinances of
the city. And the said board of water commissioners are
prohibited from being interested in any way with the con-
tracts which may be made, either pecuniarily or otherwise.

CHAPTER IX.

73. The street, sewer, and drain department of the city of
Norfolk shall be under the general control and management
of the board of street, sewer, and drain commissioners, which
shall consist of three electors of said city, nominated by the
mayor and confirmed by the councils, for a term of four
years, but in the first appointments the commissioners shall

e appointed, one for two years, one for three years, and one
for four years, or until their successors shall respectively be
appointed and qualify, which successors shall serve the full
term of four years, unless filling a vacancy. The board shall
select from among themselves a president, a secretary, and a
treasurer. The said commissioners shall give bond for the
faithful performance of their duties in such sum as the coun-
cils shall determine. The councils shall also provide the
compensation to be paid the commissioners. The board shall
elect such officers as are necessary, and manage the affairs
and business pertaining to the streets, sewers, and drains,
and employ labor, and receive proposals and sward contracts,
and enforce such rules and regulations as they may adopt, or
that may be prescribed by law, or the ordinances of the city,
and the said board of street, sewer, and drain commissioners
are prohibited from being interested in any way with the
contracts which may be made, either pecuniarily or other-
wise.

74. As soon as the water commissioners, and street, sewer
and drain commissioner shall have been appointed under this
act and qualify, the former commissioners shall immediately
vacate their offices respectively, unless re-appointed as herein

provided.
CHAPTER X.

75. The park and cemetery department of the city of
Norfolk shall consist of a board of commissioners, which con-
sist of the mayor, who shall be ex-officio the president, and
four commissioners elected by the councils, one for one year,
one for two years, one for three years, and one for four years,
and whose term of office shall, after the first election, be for
four years, or until their successors are elected and qualify.
They shall have the general control and management of the
parks, public grounds and cemeteries of the city, and shall
appoint such officers as are necessary, employ labor, receive
proposals, and award contracts, and enforce such rules and
regulations as they may adopt, or that may be prescribed by
law or the ordinances of the city. And the said board are
prohibited from being interested in any way with the con-
tracts which may be made, either pecuniarily or ot herwise.

76. The city engineer shall be nominated by the park and
cemetery, and street, sewer and drain commissioners, and
confirmed by the councils. He shall hold his office for four
years, unless sooner removed by the said commissioners, and

is salary shall be fixed by the councils.

CHAPTER XI.

77. The board of health shall consist of a member elected
from each ward of the city, by the councils, to serve for two
years, or until their successors are elected and qualified, and
three physicians, to be appointed from the city at large, by
the mayor, to serve the same period. The board shall have
the general control of the health of the city, as prescribed
by law, or the ordinances of the city, and shall appoint such
officers as are necessary, to be confirmed by the councils. As
soon as the board of health shall have been selected under
this act, the former board shall immediately vacate their

offices.
CHAPTER XII.

78. The school committee of ‘the city of Norfolk shall con-
sist of two members from each ward in the city.

79. The electors of cach ward shall at the election on the
fourth Thursday in May, eighteen hundred and eighty-two,
by a majority of the votes cast, elect two residents of the
ward as members of the school committee, one of whom shall
hold office for the term of two years, and one for the term
of four years, and until others are elected and qualified to act
in their places; and the members of said committee in each
ward shall determine their respective terms of office by lot.
At the election on the fourth Thursday in May, eighteen
hundred and eighty-four, and every two years thereafter, the
electors in each ward shall elect one of the residents of a
ward as a member of the school committee, who shall hold his
office for four years, or until a successor is elected and quali-
fied.

80. The mayor, president of the select and president of the
common councils, and chairman of the school committee of
the councils, shall be ex-officio members of the school com-
mittee. Whenever from any cause a vacancy in said school
committee shall occur, the remainder of the committee shall
fill the vacancy from the ward for the unexpired term. Every
member of the committee must reside in the ward he repre-
sents, and in case of removal from the same, his place becomes
vacant; andevery memberof said committee must be twenty-
one years of age.

81. The school committee of the city shall have and exer-
cise such powers as havo heretofore been vested in the school
board of the city of Norfolk, and which may hereafter be
prescribed by law or the ordinances of the said city. When-
ever the city councils shall fix upon a location for a school-
house, or shall determine that any schoolhouse lot ought to
be enlarged, they shall have authority to condemn the same
for such purposes, in such manner as hereinbefore provided
for laying out streets or public squares.

CHAPTER XIII.

82. The respective committees of the city councils shall,
from time to time, confer with the different boards of com-
missioners having the control of the departments in which
the committees are interested, and shall ascertain from them
the condition, wants, and needs of the different departments,
and from time to time report the same to the councils, with
estimates of the necessary appropriations for the same; and
the presidents of the different boards may be allowed to
address the convention of the councils at any meeting, a
majority of the members consenting, on the conditions and
needs of their departments. The mayor shall be ex-officio a
member of the board in every department of the city, but
shall not have a vote except in the board of park and ceme-
tery commissioners, of which he is president.

CHAPTER XIV.

83. All acts and parts of acts inconsistent with this act,
are hereby repealed, and all acts and parts of acts in any way
concerning said corporation and the rights of the people
thereof, or any of them, not inconsistent with this act, shall
be in as full force, to all intents and purposes, as if this act
had never been passed. .

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