Chap. 151.—An ACT to amend the act passed March 18, 1861, entitled
anact to amend the Charter of the City of Richmond,

Passed February 24, 1866.

1. Be it enacted by the general assembly of Virginia, That
sections five, ix, seven, nineteen, twenty-two, thirty, thirty-
five, fifty-one, fifty-four, sixty-eight, sixty-nine, eighty-two,
ninety and ninety-three of the act passed March eighteenth,
one thousand eight hundred and sixty-one, entitled an act to
amend the charter of the city of Richmond, be amended and
re-enacted so as to read as follows: |

“$5. There shall be an election annually in each ward of
the said city, on the first Wednesday in April, for members
of the council; and there shall be an election in each ward,
on the first Wednesday in April next, and on the first Wed-
nesday in April in every fourth year thereafter, for a mayor
of said city, and for the members of the court of hustings
other than the judge thereof: and in the event of a failure
to hold either of said clections on that day, then such election
shall be held on such day as the council may direct: and there
shall also be elected by the qualified voters of said city, at
such time and places as the council shall prescribe, a judge of
the court of hustings for said city, who shall hold his office
for the term of eight years, and shall receive such compensa-
tion as may be allowed by the council: provided, that his
election shall not take place within thirty days of any muni-
cipal or state election other than a state election for a judge,
and that his compensation shall not be diminished during his
term of oftice. ‘The manner of conducting his election, of
making return thereof, of his qualification, “of ordering new
elections to fill vacancies in his office, and of deciding con-
tested elections, shall be prescribed by ordinance of the
council.”’

Ҥ6. The term of office of members of the council, and
of the mayor and other members of the court of hustings,
except the judge: thereof, shall commence on the Saturday

atter the election.
“$7. At the next May term of the hustings court, held by
the mayor, recorder and aldermen, and at the May term of
said court, held in every fourth year thereafter, there shall be
appointed by said court, a seryeant and a high constable for
said city; and at the May term of the hustings court, held
by the mayor, recorder and aldermen, next betore the expl-
ration of the present term of office of the attorney for the
commonwealth in said court, and of the clerk of said court,
there shall be appointed by said court an attorney for the
commonwealth in said court and a clerk of said court. In
the event of a failure to hold a term of said court in the
month of May, or to make any of said appointments, then
such appointment or appointments shall be made at the next
ensuing term of said court. ‘The term of office of the ser-
geant, “hich constable, attorney tor the commonwealth and
clerk, shall commence on the first day of July next succeed:
ing their appointment, and shall continue for four years.’

19. The council shall certify to the court of hustings,
held by the mayor, recorder and aldermen, the names of the
persons elected from each ward as members of said court;
and the said court shall take from said sergeant and consta-
ble, respectively, a bond, in such penalty as it may deem fit,
conditioned for the faithful discharge of his duties.- The
council shall cause the several persons elected to be notified
of their election; and the persons elected members of the
court of hustines shall elect, from among themselves, one
person as recorder, and one as senior alderman of the city,
and certify such election to said court. The other persons
elected members of said court, shall be aldermen of the city.”

Ҥ 22. If, during the term for which any person may have
been elected or appointed to any ofiice herein mentioned, a
vacancy occur in said oflice otherwise than is mentioned in the
preceding section, or unless it be in the office of judge of the
hustings court, such vacancy may be filled by an appointment
for so much of said term as may be unexpired. Such appoint-
ment shall be by the court of hustings, held by the mayor, re-
corder and aldermen, if it be in the office of attorney for the
commonwealth, clerk, sergcant, hich constable, recorder, senior
alderman, or any other alderman, and shall, in all other cases,
be by the council. The appointment, if the vacancy be in
the office of recorder or senior alderman, shall be from among
the other members of the court; if in the office of any other
alderman, or of a member of the council, from among the
voters in the ward for which sich alderman or member of
the council was elected; and if in any other oftice, from among
those who may be elicible thereto.”

“$30. The council may appoint such officers as they may
deem proper, in addition to those hereinbefore provided for,
and define their powers and prescribe their duties and com-
pensation; and may take from any of the officers so appointed,
bonds with sureties, in such penalties as to the council may
seem fit, payable to the city, by its corporate name, with con-
dition for the faithful performance of said duties. All officers
appointed by the council, may be removed from oflice at its
pleasure.”
Ҥ 35. The council may erect or provide, in or near the
city, suitable workhouses, houses of correction, 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; appoint officers and other per-
sons connected with the aforesaid institutions, and regulate
pauperism within the limits of the city; and the council,
through the agencies it 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.”

Ҥ51. The council may, on the petition of the owner or
owners of not Iess than one-fourth of the ground included in
any square of 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; and to provide for the removal of any such building
or addition which shall be erected contrary to such pro-
hibition, at the expense of the builder or owner thereof; and

may provide for the regular and safe building of houses in
the city: and if any building shall have been commenced be-
fore said petition can be acted on by the council; or if a
building in progress appears clearly to be unsaie, the council
may have such buildings taken down.”

“$54. The council may prevent hogs, dogs and other ani-
mals from running at large in the city, and may subject the
same to such coniiscatiens, regulations and taxes as they may
deem proper; and the council may prohibit the raising or
keeping of hogs j in the city.”

“$68. For the execution of its powers and duties, the
council may tax real estate in the city; all personal property
therein; all free persons over sixteen years of age; all cor-
porations located in the city, or having their principal office
therein, not exempt by law trom taxation ; all moneys owned
by, or credits due to any person living in the city; all capital
of persons having a place of business in the city, and doing
business therein, ‘and employed in said business, though the
said business may extend beyond the city: provided, that so
much of said capital as is invested in real estate, or is em-
Poe in the manufacture of articles outside of the city
imits, shall not be taxed as capital; all stocks im incorporated
joint stock companies owned by persons living im the city,
not exempt by law from taxation; incomes, interest on
money, dividends of banks or other corporations owned by
persons living in the city: provided, that no capital, interest,
income or dividends shall be taxed when a license or other
tax is imposed upon the business in which the capital is em-
ployed, or upon the principal money, credits or stocks from
which the interest, income or dividend is derived; nor shall
a tax be imposed at. the same time e upon stock of a corpora-
tion and.upon the dividends thereon.”

Ҥ 69. The council. may tax the keepers of ordinaries,
houses of entertainment, boarding houses (public or private),
public eating houses, coffee houses, lager beer or other drink-
ing saloons. or cook shops; agents to rent out houses; agents
to sell cattle, sheep or hogs; dealers in horses and mules;
kecpers of livery stables; brokers, lawyers, physicians and
dentists; persons who keep a daguerreian, photograph or
ambrotype gallery, and all who take pictures by light, or who
sell or barter any patent or specific or quack Medicine : all
sellers of wine or spirituous or fermented liquors ; all manu-
facturers, merchants, traders and shop keepers; and any
other person or employment upon whom or upon which the
state may at the time have imposed a license tax: and as to
all persons or employments embraced in this section, the
council may lay the tax directly, or may require them to take
out a license under such regulations as may be prescribed by
ordinanee, and impose a tax thereon; but the taxes herein
authorized shall be subject to the provisions stated in the
next preceding section.

Y du. The said court, held by the judge, shall have orig-
inal jurisdiction of all felonies committed within the territorial
limits of its jurisdiction; and if a prisoner, put on his trial
for a felony. shall be found by the jury guilty of only a mis-
demeanor, the said court, held by the judge, shall have ju-
risdietion of the ¢: ise; and it shall have appellate jurisdiction
in cases in which the constitutionality or validity of an ordi-
nance of the city 1s Involved.”

Ҥ90, The council may impose penalties for the violation
of this act, or any of the ordinances of’ the city, not exceed-
ing three hundred dollars for one offence. If the penalty be
above one hundred dollars, it shall be prosecuted in the court
of hustines of the city. at the terms held by the mayor, re-
corder and aldermen; but any claim to a fine or penalty
under this act, or under any ordinance of the city, if 1t be
limited to an amount not exceeding one hundred dollars, and
any other claim against the city. or a person therein, if it
does not exceed one hundred dollars (exclusive of interest),
shall be cognizable in the mayor's court; and his judgment
shall be final in all civil cases, where the matter in controversy
(exclusive of costs), is not more than twenty dollars.”

Ҥ 93. The mayor shall be the head of police of the city,
and shall have a general superintendence and control of said
police, pursuant to the ordinances of the city. When he be
absent from the city, or 1s so sick as to be unable to attend to
his duties, or his office is vacant, the recorder, or if he be
absent from the city, or is so sick as to be unable to attend
to his duties, or his office be vacant, the ‘senior alderman shall
exercise all the powers of the mayor.”

2, The twenty-third and fifty-eiahth sections of said act
are hereby repealed.

3. This act shall be submitted to the qualified voters of

said city for adoption or rejection, on sixth day of March,
eiehteonhundred and sixty-six, and shall be in force and take
effect from the said election, if adopted by a majority of the
votes cast at such election. It shall be the duty of the coun-
cil of said city to make suitable provision and arrangement
for submitting this act to the qualified voters of the said city.
and to give public notice of the time and places when such
election will be held, and to ascertain and declare the result
thereof.

Chap. 151.—An ACT to amend the act passed March 18, 1861, entitled
anact to amend the Charter of the City of Richmond,

Passed February 24, 1866.

1. Be it enacted by the general assembly of Virginia, That
sections five, ix, seven, nineteen, twenty-two, thirty, thirty-
five, fifty-one, fifty-four, sixty-eight, sixty-nine, eighty-two,
ninety and ninety-three of the act passed March eighteenth,
one thousand eight hundred and sixty-one, entitled an act to
amend the charter of the city of Richmond, be amended and
re-enacted so as to read as follows: |

“$5. There shall be an election annually in each ward of
the said city, on the first Wednesday in April, for members
of the council; and there shall be an election in each ward,
on the first Wednesday in April next, and on the first Wed-
nesday in April in every fourth year thereafter, for a mayor
of said city, and for the members of the court of hustings
other than the judge thereof: and in the event of a failure
to hold either of said clections on that day, then such election
shall be held on such day as the council may direct: and there
shall also be elected by the qualified voters of said city, at
such time and places as the council shall prescribe, a judge of
the court of hustings for said city, who shall hold his office
for the term of eight years, and shall receive such compensa-
tion as may be allowed by the council: provided, that his
election shall not take place within thirty days of any muni-
cipal or state election other than a state election for a judge,
and that his compensation shall not be diminished during his
term of oftice. ‘The manner of conducting his election, of
making return thereof, of his qualification, “of ordering new
elections to fill vacancies in his office, and of deciding con-
tested elections, shall be prescribed by ordinance of the
council.”’

Ҥ6. The term of office of members of the council, and
of the mayor and other members of the court of hustings,
except the judge: thereof, shall commence on the Saturday

atter the election.
“$7. At the next May term of the hustings court, held by
the mayor, recorder and aldermen, and at the May term of
said court, held in every fourth year thereafter, there shall be
appointed by said court, a seryeant and a high constable for
said city; and at the May term of the hustings court, held
by the mayor, recorder and aldermen, next betore the expl-
ration of the present term of office of the attorney for the
commonwealth in said court, and of the clerk of said court,
there shall be appointed by said court an attorney for the
commonwealth in said court and a clerk of said court. In
the event of a failure to hold a term of said court in the
month of May, or to make any of said appointments, then
such appointment or appointments shall be made at the next
ensuing term of said court. ‘The term of office of the ser-
geant, “hich constable, attorney tor the commonwealth and
clerk, shall commence on the first day of July next succeed:
ing their appointment, and shall continue for four years.’

19. The council shall certify to the court of hustings,
held by the mayor, recorder and aldermen, the names of the
persons elected from each ward as members of said court;
and the said court shall take from said sergeant and consta-
ble, respectively, a bond, in such penalty as it may deem fit,
conditioned for the faithful discharge of his duties.- The
council shall cause the several persons elected to be notified
of their election; and the persons elected members of the
court of hustines shall elect, from among themselves, one
person as recorder, and one as senior alderman of the city,
and certify such election to said court. The other persons
elected members of said court, shall be aldermen of the city.”

Ҥ 22. If, during the term for which any person may have
been elected or appointed to any ofiice herein mentioned, a
vacancy occur in said oflice otherwise than is mentioned in the
preceding section, or unless it be in the office of judge of the
hustings court, such vacancy may be filled by an appointment
for so much of said term as may be unexpired. Such appoint-
ment shall be by the court of hustings, held by the mayor, re-
corder and aldermen, if it be in the office of attorney for the
commonwealth, clerk, sergcant, hich constable, recorder, senior
alderman, or any other alderman, and shall, in all other cases,
be by the council. The appointment, if the vacancy be in
the office of recorder or senior alderman, shall be from among
the other members of the court; if in the office of any other
alderman, or of a member of the council, from among the
voters in the ward for which sich alderman or member of
the council was elected; and if in any other oftice, from among
those who may be elicible thereto.”

“$30. The council may appoint such officers as they may
deem proper, in addition to those hereinbefore provided for,
and define their powers and prescribe their duties and com-
pensation; and may take from any of the officers so appointed,
bonds with sureties, in such penalties as to the council may
seem fit, payable to the city, by its corporate name, with con-
dition for the faithful performance of said duties. All officers
appointed by the council, may be removed from oflice at its
pleasure.”
Ҥ 35. The council may erect or provide, in or near the
city, suitable workhouses, houses of correction, 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; appoint officers and other per-
sons connected with the aforesaid institutions, and regulate
pauperism within the limits of the city; and the council,
through the agencies it 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.”

Ҥ51. The council may, on the petition of the owner or
owners of not Iess than one-fourth of the ground included in
any square of 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; and to provide for the removal of any such building
or addition which shall be erected contrary to such pro-
hibition, at the expense of the builder or owner thereof; and

may provide for the regular and safe building of houses in
the city: and if any building shall have been commenced be-
fore said petition can be acted on by the council; or if a
building in progress appears clearly to be unsaie, the council
may have such buildings taken down.”

“$54. The council may prevent hogs, dogs and other ani-
mals from running at large in the city, and may subject the
same to such coniiscatiens, regulations and taxes as they may
deem proper; and the council may prohibit the raising or
keeping of hogs j in the city.”

“$68. For the execution of its powers and duties, the
council may tax real estate in the city; all personal property
therein; all free persons over sixteen years of age; all cor-
porations located in the city, or having their principal office
therein, not exempt by law trom taxation ; all moneys owned
by, or credits due to any person living in the city; all capital
of persons having a place of business in the city, and doing
business therein, ‘and employed in said business, though the
said business may extend beyond the city: provided, that so
much of said capital as is invested in real estate, or is em-
Poe in the manufacture of articles outside of the city
imits, shall not be taxed as capital; all stocks im incorporated
joint stock companies owned by persons living im the city,
not exempt by law from taxation; incomes, interest on
money, dividends of banks or other corporations owned by
persons living in the city: provided, that no capital, interest,
income or dividends shall be taxed when a license or other
tax is imposed upon the business in which the capital is em-
ployed, or upon the principal money, credits or stocks from
which the interest, income or dividend is derived; nor shall
a tax be imposed at. the same time e upon stock of a corpora-
tion and.upon the dividends thereon.”

Ҥ 69. The council. may tax the keepers of ordinaries,
houses of entertainment, boarding houses (public or private),
public eating houses, coffee houses, lager beer or other drink-
ing saloons. or cook shops; agents to rent out houses; agents
to sell cattle, sheep or hogs; dealers in horses and mules;
kecpers of livery stables; brokers, lawyers, physicians and
dentists; persons who keep a daguerreian, photograph or
ambrotype gallery, and all who take pictures by light, or who
sell or barter any patent or specific or quack Medicine : all
sellers of wine or spirituous or fermented liquors ; all manu-
facturers, merchants, traders and shop keepers; and any
other person or employment upon whom or upon which the
state may at the time have imposed a license tax: and as to
all persons or employments embraced in this section, the
council may lay the tax directly, or may require them to take
out a license under such regulations as may be prescribed by
ordinanee, and impose a tax thereon; but the taxes herein
authorized shall be subject to the provisions stated in the
next preceding section.

Y du. The said court, held by the judge, shall have orig-
inal jurisdiction of all felonies committed within the territorial
limits of its jurisdiction; and if a prisoner, put on his trial
for a felony. shall be found by the jury guilty of only a mis-
demeanor, the said court, held by the judge, shall have ju-
risdietion of the ¢: ise; and it shall have appellate jurisdiction
in cases in which the constitutionality or validity of an ordi-
nance of the city 1s Involved.”

Ҥ90, The council may impose penalties for the violation
of this act, or any of the ordinances of’ the city, not exceed-
ing three hundred dollars for one offence. If the penalty be
above one hundred dollars, it shall be prosecuted in the court
of hustines of the city. at the terms held by the mayor, re-
corder and aldermen; but any claim to a fine or penalty
under this act, or under any ordinance of the city, if 1t be
limited to an amount not exceeding one hundred dollars, and
any other claim against the city. or a person therein, if it
does not exceed one hundred dollars (exclusive of interest),
shall be cognizable in the mayor's court; and his judgment
shall be final in all civil cases, where the matter in controversy
(exclusive of costs), is not more than twenty dollars.”

Ҥ 93. The mayor shall be the head of police of the city,
and shall have a general superintendence and control of said
police, pursuant to the ordinances of the city. When he be
absent from the city, or 1s so sick as to be unable to attend to
his duties, or his office is vacant, the recorder, or if he be
absent from the city, or is so sick as to be unable to attend
to his duties, or his office be vacant, the ‘senior alderman shall
exercise all the powers of the mayor.”

2, The twenty-third and fifty-eiahth sections of said act
are hereby repealed.

3. This act shall be submitted to the qualified voters of

said city for adoption or rejection, on sixth day of March,
eiehteonhundred and sixty-six, and shall be in force and take
effect from the said election, if adopted by a majority of the
votes cast at such election. It shall be the duty of the coun-
cil of said city to make suitable provision and arrangement
for submitting this act to the qualified voters of the said city.
and to give public notice of the time and places when such
election will be held, and to ascertain and declare the result
thereof.