Chap. 45.—An ACT to amend sections four, twelve, fifteen, forty-one,
fifty, fifty-two, sixty, sixty-one, and sixty-seven of an act to provide a
new charter for the city of Portsmouth, and to repeal all Jaws in con-
flict therewith, approved March 6, 1882.

; In force January 28, 1884.

1. Be it enacted by the general assembly of Virginia, That
sections four, twelve, fifteen, forty-one, fifty, fifty-two, sixty,
sixty-one, and sixty-seven of an act to provide a new charter
for the city of Portsmouth, and to repeal all acts in conflict
therewith, be amended and re-enacted as follows:

$4. If it shall appear by said election returns that any
municipal officer has not been elected, or should any officer
elected refuse to qualify according to law, or should any
vacancy occur in any municipal office by death, resignation,
or otherwise, the city council shall elect a qualified person to
fill the vacancy, until the next general election in said city,
the May following.

§ 12. The council of the city of Portsmouth shall consist of
seventeen members, to be elected from the different wards, as
follows: Four from the First ward, six from the Second

ward, three from the Third ward, and four from the Fourth
ward: provided that any increase in the number of council-
men to wkich each ward may be entitled under this act, may
be tilled in the first instance by the election of qualified per-
sons by the members of the council from those wards respect-
ively. The councilmen chosen shall, at the time of their elec-
tion, and during their continuance in office, be residents of
the ward for which they are chosen; they shall, with the ex-
ception hereinbefore mentioned in this section, be elected by
the voters qualified to vote for councilmen, as hereinbefore
provided, who are residents of the respective wards for which
such councilmen are chosen. The qualifications of any per-
gon or persons elected as councilmen shall be adjudged of by
the council and be determined by a majority vote thereof.

§15. The council shall have authority to adopt such rules
as they may deem proper for the regulation of their procced-
ings and for the convenient transaction of their business; to
appointsuch clerks and other officers not mentioned in this act,
asx may be necessary to carry out the powers vested in them,
and prescribe their duties and compensation, to compel the
attendance of absent members, to punish members tor dis-
orderly behavior, and by a vote of three-fourths of all the
members of the council, to expel a member for malfeasance,
misfeasance, or gross neelect of official duty. They shall keep
a journal of their proceedings, which shall, at all times, be
open to the inspection of any voter of said city, and their
meetings shall be open to the public, except when the public
welfare shall require secrecy.

§41. The police department of the city of Portsmouth shall
be under the general control and management of police com-
missioners thereof, who shall consist of the mayor and four
discreet citizens thereof, qualified voters, who shall be chosen
one from each ward, and elected by the city council, as soon
as may be after the passaye of this act, for a term of two
years, beginning January first, elghteen hundred and elghty-
four, and. every “two years thereatter, and shall constitute a
board of police commissioners for said city, of which board
the mayor shall be president. Any three of satd commission-
ers shall form a quorum for the transaction of business. Said
board may adopt rules and by-laws tor the government
thereof, and also may establish, promulyate, and enforce
proper rules, regulations, and orders, for the good govern-
ment and discipline of said police force: provided that such
rules, regulations, and orders shall not in any way contlict
with any ordinance of the city council, or any of the provis-
10ns of this act, or the constitution and Jaws of this state or
of the United States, nor shall the said board make any ex-
penditure or incur any expense without the consent of the
city council.

$50. As soon as the said commissioners shall have entered
upon the discharge of their duties, and appointments of chief
of police, and such other officers and policemen as are autho-
rized by the ordinances of the city or resolutions of the city
council are made, and the said chief of police and officers and
policemen so appointed, shall have qualified as aforesaid, then
all the policemen who shall be in service previous thereto, as
well as the chief of police, and such other officers of police as
there may be, shall immediately vacate their offices, respec-
tively, unless re-appointed as hercinbetore provided.

§52. The city council shall have power to ordain and en-
force such rules and regulations as shall be necessary and
proper to prevent accidents by fire within the said city, or to
secure the inhabitants thereof. and their property from injury
thereby, and to provide for the organization, equipment, and
government of fire companies in said city, and to purchase
and keep in order, hand and steam fire engines, and other
necessary fire apparatus; also to appoint and pay the neces-
sary engineers, firemen, and drivers for said engines; they
may also make such ordinances as may be necessary to com-
pel citizens to render assistance to the fire companics in case
ot need; they may also appoint a chief enginecr, prescribe his
duties, and fix his compensation.

§ 60. There shall be one city treasurer, one collector of
city taxes, one Commissioner of the revenue, one city sur-
veyor, one city auditor, one keeper of the almshouse, one
physician of the almshouse, who shall be health officer, one
street Inspector, one clerk of the market, one wood measurer,
who shall also be weigher of hay and gauger of liquors and
sealer of weights and measures, one keeper of the cemeteries,
and one sanitary inspector, all of whom shall be elected by
the qualiticd voters of the city of Portsmouth, at such times as
herein provided, and in such manner as prescribed by law or
a> may hereafter be prescribed by the general assembly ; and
there shall be one city attorney and one city clerk, who shall
be elected by the city council at its first rerular meeting in
July, eighteen hundred and eighty-five, or as soon thereafter
as Thay he practicable, and every two vears thereafter.

$61. The councils of the city of Portsmouth may fix, pre-
S(: las, and regulate the salaries of the clerk of the hustings
court, city serecant, commonwealth’s attorney, high consta-
ble, superintendent of public schools, employees of the fire
department. members of police force, and all other officers and
employees of the said city.

§$ 67. The city auditor shall give bond, with surety to be
approved by the city council, to the amount of not less than
ten thousand dollars, said bond to be filed with the city
clerk. The said auditor shall open and keep, in a neat and
methodical manner, a complete set of books, under the direc-
tion of the city council, wherein shall be stated, among other
things. the appropriations for the year for each distinct object
aud branch of expenditure, and also the receipts from each
and every source of revenue, so far as he can ascertain the
same. Said books and all papers, vouchers, compacts, bonds,
receipts, and all other things kept in said office, shall be sub-
ject to the examination of the mayor and members of the cit
council, or any committee thereof. Said auditor shall hold
his office in such place as shall be designated and prescribed
by the city council, and shall, in addition to the duties pre-
scribed by this act, perform such other duties as may be re-
quired of him be the city council.

2. All acts and parts of acts, so far as they may be in con-
flict with this act, are hereby repealed.

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