Chap. 33.—An ACT providing a charter for the city of Norfolk, and
repealing the existing charter, approved April 21, 1882.

In force January 21, 1884.

1. Be it enacted by the general assembly of Virginia, That
the territory contained within the limits prescribed by the
second section of an act passed in March, seventeen hundred
and sixty-one, entitled an act for enlarging and ascertaining
the limits of the borough of Norfolk, and for other purposes
described therein as follows, 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
creck, according to its various courses and meanders, to the
mouth thereot, in Elizabeth river; thence bounding on the
said river, the different courses thereot, to the mouth of the
said Newton’s creek; and thence up the said Newton’s creek
to the beginning; and by any act heretotore or hereafter
passed by the general assembly of this state, shall 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 commonwealth, 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 dutics and obligations
now incumbent upon and appertaining to said city as a
municipal corporation.

2, The administration and government of the said city
shall be invested in one principal officer, to be styled the
mavor; 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 councils may hereafter increase as
they may deem expedient. Until such revision be made, the
buundary lines of wards shall remain as now established.

4. Theelection ofthe municipal officers hereafter mentioned,
except those to be appointed by the councils, shall be held
on the fourth Thursday in ay eighteen hundred and
eighty-four, and on the fourth Thursday in May in every
second year thereafter, except the election of city treasurer
and commissioner of the revenue, who shall be elected as
hereinafter provided; and the said election shall be conducted
under the provisions of the general election laws of the state.

5. Whenever any special election shall be ordered by the
city councils for any object not provided for in the general
election laws 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.

« 6. In case of vacancies arising in any municipal office pro-
vided for by this act, the councils shall appoint a qualified
person to fill such office for the unexpired term, and in case
ot 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 unexpir ed term.

7. The mayor and the members of the city councils, before
entering upon the duties of their respective offices, shall be
respectively sworn in accordance with the laws of this state.
Such oaths may be administered 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
a judge of a court of record, or a justice of the peace; and ‘a
certificate of such oaths having been respectively taken, shall
be filed with the treasurer of the city, and entered upon the
journals 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, or
any justice of the peace of said city; 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 said city, shall notify
all persons elected as aforesaid, and the treasurer of the cit
shall notify all persons appointed as aforesaid, of their elec-
tion 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 elec-
tion or appointment, or shall neglect within that time to give
such 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 provisions 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 his suc-
cessor shall be elected and qualify. His salary shall be fixed
by the city councils, payable at stated periods, and he shall
receive no other compensation or emolument whatsoever; and
no regulations diminishing such compensation after it has
once been fixed, shall be made to affect his compensation
until after the expiration of the term for which the mayor
then in office shall have been elected.

9. He shall, by virtue of his office, possess all the jurisdic-

tion. and may exercise all the powers and authority of a jus-
tice of the peace of the 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.
"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 if
required by said councils,a general statement of the situation
and condition of the city in relation to its government, finan-
ces. and improvement, with such recommendations as he may
deem proper.

11. He shall exercise a constant supervision over the con-
duct of all subordinate officers, have power and authority to
investigate theiy acts, have access to all books and documents
in their offices, and may examine said officers and their subor-
dinates on oath. He shall also have power to suspend or
remove such officers for misconduct in office, or neglect of
dutv, to be specified in the order of suspension or removal:
hut no such removal shall be made without reasonable notice
to the officer complained of, and an opportunity afforded him
to be heard in his defence. On the removal or suspension of
such officer or officers, the mayor shall report the same, with
his reasons therefore, to the city councils, at their next stated
meetings.

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

13. In case a vacancy shall occur in the office of mayor, the
council shall appoint a qualified person to fill the vacancy for
the unexpired term, except as provided in the next succeed-
ing section.

14. The select and common councils, in joint session, two-
thirds of the members elected to each council concurring,
shall have power to remove from office the mayor of the city
ot Norfolk tor malfeasance, misfeasance, corruption, neglect of
duty or other misconduct in office, but he shall have at least
ten days previous notice in writing of the motion to remove
him. accompanied by a copy of the causes and charges alleged
ax the ground of his proposed removal, and shall have the
right to be heard in person or by counsel in his defense,
and in case of the removal of the mayor under the provisions
of this section, the vacancy in the office of mayor shall be
filled at a special election of the qualified voters of the city of
Norfolk to be ordered by the councils, and to be held in
twenty days after such removal.
15. There shall be elected on the fourth Thursday in May,
eighteen hundred and eighty-four, and on the fourth Thurs-
day in May biennially thereafter, thirty councilmen, who
shall be apportioned to the several wards, as follows: To
the First, Second and Third wards eight each, and to the
Fourth ward six, and the same number of councilmen shall
be so elected until a reapportionment shall be made according
to law. The councilmen shall proceed at this first meeting
after their election, or as soon thereafter as practicable, in
such manner as they may deem proper, to elect eleven of
their number to constitute a select council, which select. coun-
cil shall hold its meetings separate and apart from the re-
maining nineteen councilmen, who shall constitute the com-
mon council. The councils, after their separate organization,
shall in such manner and at such time as may be prescribed
by ordinance, proceed to appoint all officers, clerks and assist-
ants, whose election or appointment is not otherwise provided
for by law.

16. The select council shall elect its officers, to Consist of a
president, vice-president and clerk > and the common council
shall elect its officers, to consist of a president and vice-presi-
dent: the city treasurer shall be ex-officio clerk of the com-
mon council, and shall have an assistant. The select: and
common councils, respectively, may elect such other officers
and clerks as they may deem necessary, which officers shall
be liable to be removed by the councils respectively, each act-
ing for itself'in this regard, with power to the respective coun-
cils, each acting for itself} to supply any vacancy occuring.
The president, or the president pro tempore, who shall pre-
side 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 his council, and in case of bis
absence trom sickness, disability or refusal, the councils may
be convened by the order, in writing, of any five members of
the common council, or three of the select council.

17. Ordinances and resolutions may originate in either the
select or common council, to be approve ed 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, the same shall be referred to a
committee of conference, to be appointed by each council.

18. The councils shall bave authority to compel the attend-
ance of absent members: to punish members for disorderly
behaviour, and by a vote of two-thirds of the council to expel
a member tor malfeasance or misfeasance in the 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 vive them the force of law. No vote shall be reconsidered
or rescinded at a special meeting, unless at such special meet-
ing there be present as large a number of members as were
present when such vote was taken.

19. The city council shall have, subject to the provisions
herein 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; and may make such
ordinances, orders, and by-laws relating to the same as they
shall deem proper and necessary. They shall likewise have
power to make such ordinances, by-laws, orders, and regula-
tions 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 shall be
necessary or proper to prevent huckstering, forestalling, and
recrating.

Second. To erect or provide, in or near the city, suitable
workhouses, 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 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 fixtures or appurtenances
thereof. They shall have power to protect from injury, by
adequate penalties, the said works, pipes, fixtures, and land,
or anything connected therewith, within or without the limits
of said city, and to prevent the pollution of the water, by pro-
hibiting the throwing of filth or offensive matter therein, or
in other places where the water may be effected thereby;
and such prohibition may be enforced by proper penalties.

Sixth. To establish, construct, and keep in order, alter or
remove landings, wharves and docks or 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 w harf fave to be paid by ves-
sels using the same; to prevent or remove all obstructions in
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
throuvh the streets or public grounds of the city, and through
any place or places w hatsoever, when it may be deemed by
the councils expedient. The councils may have over any
strect or alley in the city, which has been or may be ceded to
the city, like authority as over other strects or alleys; they
may build bridges in, and culverts under said streets and
alleys; and may prevent or remove any structure, obstruc-
tion 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 man-
ner as the public safety and convenience may require.

Eighth. To prevent the cumbering of streets, avenues,
walks, public squares, lanes, alleys or bridyes j in any manner
whatever.

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

Tenth. To determine and designate the route and grade of
any railroad to be laid in the 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 and cars, if they please: provided no con-
tract 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 coming into
and not owned in said city.

Twelfth. To require spirituous liquors, wine, oil, molasses
vinegar and spirits of turpentine in casks, to be eauged and
inspected; and may make provision for the weighing of hay,
fodder, cata, shue ks, or other long forave. They may also
provide for weighing and measuring 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 violation
of any such ordinance.
Fourteenth. To provide or aid in support of public free
schools, colleges and libraries.

Fifteenth. To secure the inhabitants from contayious, infec-
tious, or otber dangerous diseases; to establish, erect, and
reyulate hospitals; to provide for and force the removal of
patients to said hospitals; for the appointment and organiza-
tiun of a board of health for 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
appropriated, improved and keep in order, as places for the
interment of the dead, and may charge for the use of grounds
in said places of interment, and may regulate the same: pro-
vided that all moneys received for the use of such grounds,
shall be set apart and appropriated for the improvement of
the cemeteries; may prevent the burial of dead in the city,
except in the public urial ground; 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.

Seventeenth. To est ablish a quarantine ground for the city;
to prescribe the quarantine to be performed by all vessels
arriving within the harbor or vicinity of said city, and made
revtlations therefor, subject to the laws of the state and the
United States; but if the place fixed on for the quarantine
xround be without the limits of the city, the assént of the
court of the county, wherein the quarantine ground is located
must tirst be obtained.

Eixrhteenth. 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
ut 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 employ ment therein ; and to regu-
lute the transportation ‘of coal and other articles through the
streets of the city.

Nineteenth. If any ground in the said city shall be subject
tu be covered by stagnant water, or if the owner or owners,
eccupier 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
trom the said owner or owners, occupier or occupiers, or any
of them, by distress of sale in the same manner in which
taxes levied upon real estate, for the benefit of said city, are
authorized to be collected: provided that reasonable notice
shall be first given to the said owners or 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 «unpowder or other combustible substances ; and to reg-
ulate the sale and use of gunpowder, fire-crackers, or fire-
works, manufactured or prepared therefrom, kerosine oil,
nitro-glycerine, camphene, burning-fluid, or other combusti-
ble materials; 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
bonfires 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
to such 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 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 strect-begyars.

Twenty-fourth. To prevent vice and immorality; to pre-
serve public peace and good order; to prevent and quell riots,
disturbances, and disorderly assemblages; to suppress houses
of ill-fame and gaming houses; to prevent lewd and indecent
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 liquars or intoxicating drinks to be drunk in
any boat, store, or other places 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 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 ostensible
means of support, or of persons who may be dangerous to the
peace and satety 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 person shall not become
chargeable to the city for one year, or may compel such com-
pany, 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.

20. When, 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 dollars, except
where a penalty is herein otherwise provided for, for a viola-
tion thereof; and may provide that the offender, on tailing 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. And the city councils
may subject the parent or guardian of any minor, or the mas-
ter or mistress of any apprentice, to any such penalty for any
such offence committed by such minor or apprentice.

21. No ordinance hereafter passed by the city councils, for
the violation of which any penalty is imposed, shall take
effect until the same shall have been published for five days
successively in two of the daily newspapers of said city, to be
desienated by the said councils. A record or entry made by
the clerk of the common council, or a copy of such record or
entry. duly certified by him; shall be prima facie evidence of
the time of such first publication ; and all laws, regulations,
and ordinances of the city council may be read in evidence in
all courts of justice, and in all proceedings before any officer,
body or board in which it shall be necessary to refer thereto,
either from a copy thereof, certified by the clerk of the com-
mon council, or from the volume of ordinances printed by the
authority of the city.

22. The councils shall not take or use any private property
for streets or other public purposes without making to the
owner or owners thereofjust compensation for thesame. 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 cir-
cuit or county courts of the county in which the land shall
be situated, or to the proper court of the city having juris-
diction of such matters, if the subject lies within the city, for
authority to condemn the same, which shall be applicd for and
proceeded with as provided by law.

23. In every case where a street in said city has been or
shall be encroached upon by any fence, building or otherwise,
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 removal 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 en-
croachment to be removed, and collect from the owner all
reasonable charges therefor, with costs, by the same processes
that they are hereinafter empowered to collect taxes. No
encroachment npon any street, however long continued,
shall constitute an adverse possession to, or confer any rights
upon the person claiming thereunder, as ayainst said city.

24. 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 b > law, over the streets, alleys, and lanes laid
out by it. And any street, or alley reserved in the division
or sub-division, into lots of any portion of the territory. within
the corporate 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
person 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 bas
been opened and used by the public or not, shall avail or
operate to abolish said alley or street, so as to divert the
interest of the public therein, or the authority of the councils
over the same.

25. 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

ublic treasury, and what portion by the owners of real estate

benefitted, or may order and direct that the whole expense be
assessed upon the owners of real estate benefitted 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
shall by a vote of a majority of all the members elected to
each council, declare the said improvement to be expedient ;
and shall furthermore give public notice of such resolution in
two or more newspapers published in said city for twenty days,
and shall thereafter by a like majority vote, order and deter-
mine that the said improvement shall be made.

“CHAPTER IV.
Election of Officers.

26. There shall be elected by the qualified voters of the
city ot Norfolk on the fourth Thursday in May, eighteen
hundred and eighty-four, and on the fourth Thursday i in May
in every second year thereafter, the following officers : One
collector of city taxes and levies; one city attorney ; one in-
spector ot streets; one clerk of the market ; one physician as
health officer; one keeper of the almshouse; onesuperintendent
of the cemeteries; one weigher of hay ; one wood measurer; one
sealer of weights and measures ; one guager and inspector of
liquors, who sball 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.

All other officers, clerks and assistants, whether required
by law or ordinance, shall be appointed by the councils at
their first regular meeting after their election, or as soon
thereafter as may be practicable, and the councils shall have
power to create such offices, clerks and assistants as they

may deem necessary, not inconsistant with the provisions ot
this act, or the constitution and laws of the state or of the
United States.

27. There shall be elected by the councils, at their first
meeting after their election, one justice of the peace for each
ward, who shall reside in the ward for which he may be
elected, during his term of office, and the councils shall desig-
nate one of said justices to hold the police court, and he
shall collect a fee of fifty cents in each case, one-half of the
same to be paid by him to the treasurer for the use of the
city.

28. There shall be elected by the councils at their first
meeting after their election, one high constable for the city of
Nortolk, who shall hold his office for two years, and until his
successor is elected, and qualified. He shall give bond, with
sureties, to be approved by the corporation court of said city,
in the penalty of five thousand dollars, payable to the com-
monwealth of Virginia, and conditioned for the faithful per-
formance of his duties, said bond to be filed in the office of
the clerk of the said court. He shall perform such duties,
have such powers, and be subject to such penalties as are
now or may be hereafter prescribed by law in reference to
constables. Said high constable may appoint, with the ap-
proval of the councils, 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 shall be equally liable for the acts
of the said deputy or deputies as for those of the principal.
The councils shall have power toremove the high constable
or any of his deputies, for cause, and appoint others in their

lace.
29. If any person, having been an officer of said city, shall
not within ten days after he shall have'vacated or been re-
moved from office, and upon notification and request of the
city treasurer, or within such time thereafter as the city coun-
cils shall allow, deliver over to the treasurer all the property,
books. and papers belonging to the city, or appertaining to
such office, in his possession or under his control, he shall for-
feit and pay to the city the sum of five hundred dollars, to be
sucd for and recovered, with costs. And all books, records
and documents used in any such office, by virtue of any pro-
vision 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 therefor.

30. The city councils shall grant and pay to all city offi-
cers, Clerks and assistants, elected or appointed under, or in
pursuance of this act, such salaries or compensation as the
said city council may, from time to time, deem proper, or
shall be fixed by this act, or any other act of assembly here-
inatter enacted.

31. The councils may, so far asis not inconsistent with the
provisions of this act, or the constitutions 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 bereinatter provided for, bonds, with sureties
in such penalties as to the councils 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.

32. The parties to bonds taken in pursuance ot the pre-
ceeding 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, betore 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.

33. There shall be elected by the qualified voters of the
city of Nortolk, on the fourth Thursday in May, in eighteen
hundred and eighty-five, and every three years thereafter,
one city treasurer, who shall bold his office for the term ot
three years, and until bis successor be elected and qualified,
unless sooner removed from office. He shall give bond with
sureties, to the amount of not less than fifty thousand dollars,
said bonds to be approved by the city councils, entered on
their records, and filed in the clerk’s oftice for the court of the
corporation. The said treasurer 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 pre-
scribed by laws or ordinances hereafter enacted or ordained,
and he shall be ex-officio clerk of the common council.

34. There shall be elected by the qualified voters of the
city of Norfolk, on the fourth Thursday of May, eighteen
hundred and eighty-four, and biennially thereafter, one col-
lector of city taxes and levies, who shall hold his office for the
period of two years, and until his successor shall be elected
and qualified, 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 coun-
cils, entered on their records, and filed in the office of the city
treasurer. The said collector shall perform such duties, have
such powers, and be liable to such penalties as may be pre-
scribed by existing laws or ordinances, or as may be pre-
scribed by laws or ordinances hereafter enacted or ordained.

35. It shall be the duty of said collector to conduct all the
proceedings, and render all 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 here-
inafter provided.

36. There shall be elected by the qualified voters of the
city of Nortolk, on the fourth Thursday of May, eighteen
hundred and eighty-four, and every four years thereafter, one
commissioner of the revenue, who shall hold his office for the
period of four years, and until his successor shall be elected
and qualified, unless sooner removed from office. He shall
give bond with sureties, to the amount of not less than ten
thuusand dollars, said bond to be approved by the city coun-
cils, entered on their records, and filed in the office of the city
treasurer,

37. The said commissioner of the revenue shall pertorm 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
orduined. In case of a vacancy in the office from any cause
whatever, the councils shall appoint a qualified person to
fill the said office for the unexpired term.

38. The board of water commissioners, the board of health,
the board of fire commissioners, and the board of street, sewer,
and drain commissioners shall continue as at present orga-
nized, until the first regular meeting of the council in July,
ciyhteen hundred and eighty-four, at which time the said
offices shall become vacant.

39. The mayor shall have power to appoint a clerk to serve
during his term of office, and pertorm such duties as he may
require, who shall also act as the clerk of the police court,
and of the board of police commissioners.

CHAPTER V.
Finances and Revenues.

40. The city council may, in the name and for the use of
the city, contract loans, or cause to be issued certificates of
debt or bonds, but such loans, certificates, or bonds shall not be
irredcemable for a period greater than thirty-four years: pro-
vided however, that they shall not contract such loans or
issue such Certificates of debt or bonds for the purpose of sub-
scribing to the stock of any company incorporated for a work
of internal improvement, or other purposes, nor endorse the
bonds ot any such company without first being authorized so
todo by 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 name 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 commis-
sioner of the revenue of the city, for taxation by the city.

41. 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 necessary
to defray the expenses of the same, and in such manner as
they shall deem expedient, in accordance with the constitu-
tion and Jaws of this state and the United States: provided,
however, that they shall impose no tax on the bonds of said
city.
42. The councils may vest in the collector of the city taxe:
and of assessments for use of water, vas, or other purposes, an J
or all of the powers which are now or may hereafter be vestec
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.

43. All goods and chattels, wheresoever tound may be dis.
trained and sold for taxes assessed and due thereon; and nc
deed of trust or mortgage upon goods or chattels shall pre-
vent the same from being distrained and sold for taxes
assessed against the grantor in such deed, while such goods
and chattles remain in the grantor’s possession ; nor shall any
such deed prevent the goods and chattels from being dis-
trained anf sold for taxes assessed thereon, no matter in
whose possession they may be found.

44. Any payment of taxes made by a tenant, unless under
an express contract contain in his lease, shall be a credit
against the person to whom he owes the rent; and where any
tax is paid by a fiduciary on the interest or profits of moneys
of an estate, invested under an order of court or otherwise,
the tax shall be refunded out of such estate.

45. There shall be a licen on real estate for the city taxes,
assessed thereon, from the commencement of the year for
which they were assessed, and also for all local assessments
made thereon. The city councils may require real estate in
the city delinquent for non-payment of taxes or assessments,
to be sold for said taxes or assessments, with interest thereon,
at the rate of six per centum per annum, and such per cen-
tum as they may prescribe for charges, such real estate shall
be sold, and may be redeemed under the provisions hereinaf-
ter made. :

46. The collector of city taxes shall, under the direction
of the city councils, cause a notice of the time and place of
such sales to be published in one or more of the daily news-
papers published in said city, at least ten days previous to
said sale; and he shall also cause to be published in one or
more of said daily papers, on some day, not more thantwenty
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 assess-
ment 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.

47. If such tax or assessment, and the per centage, inter-
est, and expense aforesaid, be not paid previous to the day
for which said sale was advertised, or on some day imme-
diately thereafter, to which said sale may be adjourned, the
collector shall proceed to make gale accordingly of the said
several parcels of real estate, or so much thereof as may be
necessary, 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 cer-
tificate of sale, in which the property purchased shall be des-
cribed, 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.

48. If ut 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
ussessment, 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 amount of
tax or assessment, with charges and expenses specified, and
shall deposit such certificate with the treasurer.

49. 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 pur-
chaser, his heirs, or assigns; or if purchased by the city, such
additional sums as would have accrued for taxes thereon, if
the same had not been purchased by the city, with interest
on the said purchase money, and taxes at the rate of six per
centum per annum, from the time that the same may have
heen so paid, or the same may be paid within the said two
years, to the city treasurer, in any case in which the pur-
chaser, his heirs, or assigns, may refuse to receive the same,
or may not reside, or cannot be found in the city of Norfolk.

00. 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 sold, with the
necessary charges incurred by the purchaser, his heirs or
assigns, in obtaining the title under the sale, and such addi-
tional taxes on the estate as may have been paid by the pur-
chaser. his heirs or assigns, and the appraised value of any
improvements that may ‘have been made thereon, with inter-
ext on the said items, at the rate of six per centum per
annum, from the time the same may have been paid. Upon
such payment within two years after the removal of such
disability, the purchaser, his heirs or assigns, shall, at the
cast of the oriyinal owner, his heirs or assigns, convey to
him or them, by deed with special warranty, the real estate
sev sole.

51. The purchaser of 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
relution to the sale. When the purchaser has assigned the
benefit of bis purchase, the deed may, with his assent, evinced
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
assiyns.

52. When the purchaser of any real estate sold for taxes,
his heirs or assiyns, shall have obtained a deed therefor, and
within sixty days from the date of such deed shall have
caused the same to be recorded, such estate shall stand vested
in the grantee in such deed as was vested in the party
assessed with the taxes, (on account whereof the sale was
made) at the commencement of the year for which the said
taxes were assessed, notwithstanding any irregularity in the
proceedings under which the said grantee claims title, unless
such irreyularity 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.

53. 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 re-
corded in the same manner that deeds are recorded; and the
said certificate, or the record thereof, or a copy of said record,
duly authenticated, shall, in all courts and places, be pre-
sumptive evidence of the facts therein stated, and of the reg-
ularity and correctness of such sale, and all proceedings prior
thereto.

54. The city councils, in joint session, at their first regular
meeting in July, or as soon thereafter as practicable, shall
elect three citizens, freeholders, a board of sinking fund com-
missioners, to hold their positions for four years, and until
their successors are appointed and qualify, and whenever a
vacancy shall occur in said board by death, resignation or
otherwise, shall elect some person to fill such vacancy, being
citizens and frecholders; and said board shall have charge of
the sinking fund of the city, and the treasurer shall pay over
to them all moneys appropriated to said fund by any jaw or
ordinance; which board and their successors shall, by and
with the advice of the 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 commis-
sioners may, at all times, either in their own names or the
name of the city of Norfolk, institute and prosecute all suits
in law or equity, which, in the opinion of such board, may be
necessary in the managing and conducting of said sinking
fund; and said commissioners shall, before entering upon
their duties, give bond to the satisfaction of the councils of
said city for the faithful discharge of the duties of their trust,
and all the property and rights of property of every description,
belonging 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 com-
missioners, together with the mayor and councils, to see that
the city indebtedness is not increased beyond twenty per cen-
tum of the assessed value of real and personal property, as
returned by the commissioner of the revenue of the city; and
all issues of bonds shall, hereafter, bear upon their face a cer-
titicate to this effect from the board of sinking fund commis-
sioners.

CHAPTER VI.

Police Department.

55. The police department of the city of Norfolk, shall be
under the control aud management of a board of police com-
missioners, which shall consist of the mayor and of two elec-
tors of said city, who shall be elected by the common council
of said city, immediately after the passage of this act, and the
mayor shall be the president of said board. The persons
elected by the common council as aforesaid, shall continue in
office until the first day of July, eighteen hundred and eighty-
six, and until their successors are elected and qualified. As
soon as the commissioners elected by the common council as
atoresaid, shall have taken the oath of office, the two police
commissioners then acting as such under any law heretofore
passed, shall immediately vacate their respective offices.

56. The councils shall at their first meeting in July, eigh-
teen hundred and eighty-six, or as soon thereafter as practi-
cable, and biennially thereafter, elect two police commission-
ers to serve for two years, and until their successors are
clected and qualified. Any two of said commissioners shall
form a 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 govern-
ment and discipline of said police force: provided that said
rules, regulations, and orders shall not in any way conflict
with any ordinance of the city 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 commissioners, after taking the oath of
office as such commissioners, shall meet at the office of the
mayor, or other suitable place, at such time as may be expedi-
ent, and as they shall from time to time designate, and on
special occasions as the mayor in writing may appoint. They
shall perform the duties of said office, without any compen-
sation, 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, and appoint by
warrant of appointment bearing the signatures of two of said.
commissioners, to be immediately tiled with the city treas-
urer, 80 Many permanent policemen, officers and patrolmen,
as may be authorized by city councils; and said board shall
also appoint with the approval of the city councils, 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 said board 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, and to the orders of the mayor: provided that the
orders of such single commissioner do not conflict with the
rules, regulations, or orders of said board then in force; and
each policeman of said force appointed in manner as afore-
said, may hold his respective office during the term of good
behaviour, or until said board, by a majority vote shall
remove him, As soon as the appointments of policemen are
made in the manner as herein provided, then all the police-
men who shall be in service previous thereto, shall immedi-
ately vacate their offices respectively, unless re-appointed as
herein provided.

59. In times of exigency, said commissioners, or a majority
of them, or any one of them, it the others should be absent
from the city or unable to act, may appoint, temporarily,
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 P said police
force guilty of misconduct, shall have power to suspend such
member from service until the board of commissioners shall con-
vene 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,
a majority of said commissioners may discharge or restore
such member, in accordance with the decision of Pthe majority
of such board thereon; and the pay or salary of such member
shall cease from the sime of suspension to the time of restora-
tion to service, unless otherwise ordered by said board of
commissioners in their written decision, which shall be filed
with the clerk of the common council, and any viola-
tion of the rules, regulations, or orders of the board, or orders
of any superior, shall be good cause for dismissal.

61. The salary and pay of said chief 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 ap-
pointed as aforesaid, shall have issued to him a warrant of
appointment, signed by the president of the board and coun-
tersigned by the clerk of the common council, stating the
date of his appointment, which shall be his commission ; and
he shall take such oath as the city councils may ordain, and
subscribe the same ina book to be kept for that purpose by
the said clerk of the common council.

63. The said chief of police and policemen shall generally
have power to do whatever may be necessary to preserve
the good order and peace of said city, and to secure its inhab-
itants from personal violence and their property from loss
and injury. Such number of the said police force, as the
board of police commissioners may designate, shall, in crimi-
nal cases, have the same powers and duties, and be subject to
the same penalties that are prescribed by law as to consta-
bles.

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 aforesaid,
he may be subjected to such fine, not exceeding the sum of
one hundred dollars, as the city councils may ordain.

CHAPTER VII.
Fire Department.

65. The city councils shall organize and maintain a fire
department for said city, and appoint a chief engineer and
five wardens and assistants, with any or all of the powers
which have been or may be vested by law in such officers.
They may also make rules and regulations for the govern-
ment 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 or badges of authority to be worn
by them; may prescribe and regulate the time and manner
of their exercises; shall fix their pay, and may impose rea-
sonable fines for the breach of any such regulations. They
may also make such ordinances as they may deem proper, to
extinguish and prevent fires, prevent property from being
stolen, and to compel citizens to render assistance to the fire
department in case of need.

66. For the purpose of guarding against the calamities of
fire, the city councils may make such ordinances as they may
deem proper to extinguish and prevent fires, prevent pro-
perty from being stolen, and to compel citizens to render
axsistance 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
censtruction of all buildings. They may prohibit the crec-
tion of wooden buildings in any portion of the city without
permission obtained trom 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 thereuf 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 addition which shall
be erected contrary to such prohibition at the expense of the
owner or builder thereof. And it’ 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 un-
safe, the councils may have such building taken down.

67. 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 deem hazardous and likely to communicate fire to
other buildings, or any part of such buildings, to be pulled
down and destroyed ; and no action shall 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 avreed upon
by them and the said claimant for such damages, or, if no
such agreement shall be effectel, shall proceed to ascertain
the amount of such damages, and shall provide for the ap-
praisal, assessment, collection and payment of the same, in
the same manner as is provided for the ascertainment, assess-
ment, collection and payment of damages sustained by the
taking of land for purposes of public improvement.

68. The commissioners appointed to appraise and assess
the damages incurred by the said claimant, by the pulling
down or destruction of such building, or any part thereof, by
the direction of the said officers of the city as provided above,
shall take into account the probability of the same havin
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 proceedings,
for appraising and assessing the damages, a compliance 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 cor-
poration or circuit court for the city of Norfolk; which court,
in taking jurisdiction thereof, shall be controlled by the laws

reculating assessments of damages to real estate in other
cases.
CHAPTER VIII.
Water Department.

69. The water department of the city of Norfolk, shall be
under the general control and management of a board of
water commissioners, which shall consist of three electors of
said city, to be chosen by the councils for the term of two
years, or until their successors are appointed and qualify.
The commissioners shall elect from their body a president, a
secretary, and a treasurer. The treasurer shall give a bond
in the sum of ten thousand dollars, and shall receive such
compensation as the councils may authorize; the councils may
also allow compensation for the services of the other commis-
sioners. The water commissioners shall have such powers and
pertorm such duties as may be prescribed by law or ordinance.

CHAPTER IX.
School Board.

70. The board of school trustees for the city of Norfolk,
shall consist of two members from each ward of said city,
tovether with the president of the common council, and the
president of the select council, who shall be ex-officio mem-
bers of said board.

71. There shall be elected by the qualified voters in each
ward of said city, on the fourth Thursday of May, eighteen
hundred and eighty-four, and biennially thereafter, one elec-
tor as a member of the board of school trustees, who shall
be a resident of the ward during his term of office, to serve
for two years, and until his successor is appointed and quali-
fied. The persons so elected in eighteen hundred and eighty-
tour, shall succeed the members of the present board, whose
term will expire on the first day of July, eighteen hundred
and eighty-four.

72. And the persons elected on the fourth Thursday of
May, eighteen hundred and eighty-six, shall succeed the
inembers of the present board, whose terms will expire on the
first duy of July, eighteen hundred and eighty-six. In case
of a vacancy in the board, the members thereof shall elect a
qualified person to fill the same, from the ward in which such
vacancy exists, for the unexpired term.

73. The said board of school trustees shall have and exer-
cise all the powers and duties which have been heretofore, or
muy hereafter be vested in the school board of said city, by
law or ordinance.

CHAPTER X.

74. The act entitled an act to amend and re-enact the
charter of the city of Norfolk, approved April twenty-first,
eighteen hundred and eighty-two, and 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 incon-
sistent with this act t, shall be in as full force, to all intents
and purposes, as if this act had never been passed.

75. This act shall be in force trom its passaye.