An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Law Body
Chap. 152.—An ACT to amend the Charter of the City of Alexandria.
Passed January 25, 1806.
1. Be it enacted by the general assembly, That the town of
Alexandria shall hereafter be known and ealled by the name
of The City of Alexandria; and shall be divided into four
wards, The first ward shall comprise ali that part of the
said city lying east of the middle of Vitt street, and south of
a line drawn froin the river Potomac to the middle of Pitt
street, parallel to, and equidistant from King and Prince
streets. The second ward shall comprise all that part of said
city lying east of the middle of Pitt street. and north of the
said line between King and Prince streets. The third ward
shall comprise all that part of said city lving west of the
middle of Pitt street, and north of a line drawn from the
middle of Pitt street to the western limits of the city, parallel
to, and equidistant from Wing and Prince streets; and the
fourth ward shall comprise all that part of said city lying
south and west of the two last mentioned lines, respectively.
When any honse or lot shall be situated partly in two wards,
it shall be considered as lying in that ward in which the
greater part thereof shall be. The city council shall have
power, from time to time, to alter the botundaries of the
wards, and to increase their number, designating the add
tional wards in numerical order. All the taxes, fines, for-
feitures, rents, revenues and other resourees of the corpora-
tion, shall constitute a general fund, to be appropriated as the
city council shall lawfully direct.
®. Every white male citizen of this state, who shall possess
the qualifications and requirements of a voter for a member
of the general assem'ys and who shall moreover have resided
in the said city one year, and in the ward in which he offers
to vote, one month ‘next preceding the election—and none
others—shall he qualified to vote tor members to serve in the
city council of the said city. and all officers of the corporation
elective by the people; and in all elections the votes shall be
given viva voce, and not by ballot; but dumb persons, enti-
tled to suffrage, may vote by ballot; and every person quali-
fied as aforesaid, shall vote in the ward of which he is a resi-
dent, and not elsewhere.
3. The city council of Alexandria shall be for med of two
distinct branches. One of these shall be called “the common
council,” and shall consist of sixteen members, to be elected
annually—four from each ward. The other shall be called
“the hoard of aldermen,” and shall consist of eight members,
to be elected for the term ot two years—two from each ward.
4. The persons qualified to vote as afuresaid, shall meet at
some convenient place in the wards in which they respec-
tively reside, and elect four persons for the representatives
of sach ward, in the common council, out of the qualified
voters who shall have resided in such ward for three months
immediately preceding the electéon, and two persons for rep-
resentatives of such ward, in the board of aldermen, out of
the qualified voters who shall have resided in such ward for
six months immediately preceding; and the said election of
members, to serve in the common council, shall be held on the
first Tuesday of March in every year, by commissioners here-
inafter appointed in each ward for that purpose, for this year; ’
and afterwards, by three commissioners for each ward, ap-
pointed by the city council; which appointment shall be at
least ten davs betore the day of each election: and the said
COMM ATSRLONETRS, or a majority of them, may employ such
writers, and at such rate of compensation as the council may
direct: or in the absence of such directions, such writers, and
at such rate as they shall think proper: and they shall respec-
tively take an oath, to be administered by the mayor, or any
justice of the peace of the county of Alexandria, to record
the votes faithfully and impartially. They shall deliver to
each writer a poll book for those officers as to whom such
writer is to record the votes; and each writer shall enter the
name of each voter ina column to be headed with the words
“names of voters:” and in a line with such name he shall
enter initial letters of the'name of such voter; or if the com-
missioners so direct, a mark under the name of each person
for whom he votes for any of said offices. The said votes
shall be given as prescribed by the third section of this act;
but at the time a vote is given, the said commissioners con-
ducting the election shall receive of each voter a paper or
ticket (with his name written on it), which shall specify the
names of the persons for whom he votes, and for what office;
and at the election of members to serve in the common
council, Which shall be held on the first Tuesday in March,
eighteen hundred and sixty-six, at the same time, and in like
manner, two persons shall be elected tor representatives of each
ward in the board of aldermen. Upon the assembling of the
members of the board of aldermen so elected, they shall be
divided into two equal classes—one of each class from each
ward—to be numbered by lot. The term of service of the
members of the first class shall expire with that of the mem-
bers of the common council first elected under this act; and
of the members of the second class, at the expiration of one
year thereafter: and this alternation shall continue—so that
one-half of the members of the board of aldermen (one from
each ward) inny be chosen every year. ‘The first election
under this act shall be held at such place in each ward as
shall be fixed on by the commissioners aforesaid, heremafter
named, and under their direction; and thereafter, by the city
ecouneil; of which public notice shall be given. The mayor
shall appoint commissioncrs to fill vacancies which may occur
in the number of commissioners of election appointed as
aforesaid by the city council, caused by death, refusal to serve,
absence from the city, or any other disability.
). The members of the common council elected as afore-
said, or any twelve of them, shall, within seven days after
their election in each year, assemble themselves at the present
council chamber, or any othewplace which shall be hereafter
fixed for their meeting, and shall choose one of their own
body to be president of the said common council, to whom
shall be administered, by any justice of the peace in the
county of Alexandria, an oath or aftlirmation for the faithful
discharge of the duties of his office; whereupon, the said
resident shall administer the oath of office to the other mem-
pers of the council, and shall have, while they are in session,
the sane power which is at present exercised by the president
of the present common council upon like -occasion; and he
shall convene the common council whenever,in the opinion of
four of the members, expressed to him in writing, or when-
ever, in his opinion, the good of the city may require it: and
the authority of said common council shall continue one year
from the day of their election, and until others are chosen
and qualified in their stead, and no longer. And the mem-
bers of the board of aldermen elected as aforesaid, or any
six of them, chosen at the first election held under this act;
and thereafter, those holding over, or any three of them,
with those elected, or any three of them, shall, within seven
days after the election in each year, assemble themselves at
the mayor's office, or any other place which shall be hereafter
fixed for their meeting, and shall organize in like manner
with the members of the common council; and the president
of the said board of aldermen shall have like power, while
the said board is in session, with the president of the common
council; and he shall convene the city council whenever, in
the opinion of two of the members of cach branch, expressed
to him in writing, or whenever, in his opinion, the good of
the city may require it: and the authority of the said board
of aldermen shall continue one year from the day of the
election, and until others are qualitied in their stead, and no
longer.
6. The common council and board of aldermen so elected,
together, and those thereafter to be elected, and their suc-
cessors, shall be and are hereby made a body politic and
corporate, by the name of The City Council of Alexandria;
and by the said name, shall have perpetual succession, with
capacity to purchase, take, possess and enjoy lands and tene-
ments, goods and chattels, either in fee or lesser estate
therein; and the same to give, grant, let, sell, assign or
transfer; and to plead and be impleaded, prosecute and de-
fend all causes, complaints and actions, real, personal or
mixed; andto have a common seal, and perpetual succession.
And all the estate, rights and credits now vested in the com-
mon council of Alexandria, shall be vested in the said city
council, when elected, and may be recovered in their name
for the use of the said city; and in like manner, all claims
and demands against the common council of Alexandria,
prior to the operation of the present act, may be prosecuted
and recovered against the aforesaid city council; and process
served upon the mayor or the president of the board of alder-
men, or of the common conneil, shall be deemed suflicient.
7. The jurisdiction of the said city eouncil shall extend to
the limits herematter preseribetL The concurrence of a ma-
jority of the whole number of members of each branch of
the city council shall be necessary for the passnge ot any
law, order or resolution, or for repealing, altering or revoking
the same.
8. The said city council shall have power to erect work
houses, houses of correction, and other public buildings. for the
benefit of the said city: to pave, make and repair the streets
and highways; to make all laws which they shall conceive
requisite for the preservation of the health of the mhabitants,
and for the reeilation of the morals and police of the said
citv; and to entorce the observance of their laws by reason-
able penalties and forfeitures, to be levied upon the goods
and chattels of the offender—and where no such goods or
chattels can be found, by confinement to labor for a period
not exceeding three months; and they shall have power to
raise money by taxes tor the use and benetit of said city:
provided, that such laws shall not be repugnant to or meon-
sistent with the Jaws and constitution of the state or of the
United States. The said eity council shall, whenever they
deem it proper, have power to open, extend, reculate, pave
and improve the streets within the limits of the said city:
provided they make to the person or persons who may be
injured by such opening or extension, just and adequate com-
pensation out of the funds of the corporation. They shall
have power to hold and keep within the said city, market days,
and from time to time to prescribe rules and reculations tor
the government of the market; to provide for the establish-
ment, maintenance and superintendence of public schools;
and for the recistering of births, marriages and deaths; and
shall have power to preserve the navigation of the Potomac
river within their jurisdiction; to erect, repair and regulate
public wharves, deepen docks and basins, and to limit the
extent of priv ate wharves into the harbor: to restrain and
prohibit the keeping of tippling houses, and all kinds of gam-
ing; to provide for licensing, taxing and revulating auctions,
theatrical and public shows and amusements; to reculate
party and other walls and fences, and to determine by whom
they shall be kept in repair; to direct in what part of’ the
city buildings of wood shall not be ereeted, and to regulate
the size of bricks to be used or made; and shall have power
to restrain and prohibit mehtly and disorderly mectines; to
cause and provide for the removal of all such paupers, va-
grants and other persons as may not be leally entitled to
residence within the satd corporation ; to punish, by fine or
penalty of prosecution, anv minor or apprentice euilty of any
breach of any law of the corporation; and unless such fine
or penalty, with the costs of prosecution, be paid by the pa-
rent, guardian or master of such minor or apprentice, by
confinement to labor for a limited time, not exceeding three
months for any one offence; to regulate by law the inspec-
tion of domestic spirits and tobacco, measuring and inspec-
tion of wood and bark, lumber, grain, coal, beet, pork, guano,
butter and lard, hav, fodder and straw; and shall order an
election by the people of a gauger ef casks and inspector of
domestic spirits, Iuspectors and measurers of wood and bark,
and of lumber, & superintendent of police, collector or col-
lectors of taxes, attorney for the corporation, assessors, clerk
of the market, auditor of public accounts, city surveyor, chief
envineer of the fire department, and superintendent of the
gas works; and shall have power to fix the compensation and
prescribe the powers and duties of all officers of the corpo-
ration, Whose powers and duties are not herein preseribed ;
to pass all laws, not inconsistent with the laws and constitu-
tion of this state or of the United States, which they may con-
ceive requisite tor the prevention and removal of nuisances;
to require any officer, before entering upon the duties of his
office, to give bond and security, ina penalty to be fixed by
them, with condition-ftor the fiithful discharge of the duties
of his otlice; and to pass all laws necessary and proper for
carrying into execution the powers granted by this act.
% The jurisdiction of the said city council shall extend
over the harbor of alexandria, and over vessels of every de-
scription Which may arrive and be in the harbor, or be at
anchor in any part of the river Potomac, below Pearson’s
island; and also their jurisdiction shall extend over the house
in the vicinity of the eity for the accommodation of the poor
and others, and over the grounds thereto belonging, and over
all persous who may be sent or placed there by the consent
or authority of the city council, and on their way to and
trom the same, until they be regularly discharged.
10. Be it further enacted, That the said city council may
tax, within the city, every person who keeps an ordinary or
house of entertainment (public or private); a public eating
house or coffee house; every person who is a dealer in horses
or mules; every person who keeps a livery stable; every
broker; every person who sells or barters any patent, specific
or quack medicine; and all sellers of spirituous liquors, shop
keepers, merchants and traders, They may levy taxes on in-
comes and on licenses of persons in the city in cases not
otherwise provided for: subject, however, to the provision
in the twenty-fifth section of the fourth article of the consti-
tution. .
11. Be it further enacted, That the said city council may
grant or refuse licenses to the owners or keepers of wagons,
varts, drays, hacks and other wheel carriages kept or em-
ployed in the city for hire; aid may require taxes to be paid
thereon, and subject the same to such regulations as they
may deem proper.
12. Be it further enacted, That the said city council may
specially tax a lot adjoining a street on which paving is done
or curbstone put down (whether on the sidewalk or carriage
way), not exceeding two-thirds of the expense of the curb-
stone or paving on that half of the street opposite such lot.
13. Be it further enacted, That no member of either
branch of the city council shall, during his continuance in
office, be eligible to any office or place within the gift of said
council. to which there shall be any fee or compensation.
14. The mayor of the city of Alexandria shall be annually
elected by the qualified voters, at the times and places and in
the manner that members of the city council are elected.
Ife shall hold his oftice for one year from the time of his
election, and until a successor is chosen and qualitied in his
stead: at the expiration of which period he may be re-elected
for two years thereafter in suecession, and no longer, until he
shall have been out of office one year. Ile shall, before he
enters upon the “duties of his office, take an oath or aflirma-
tien, In the presence of the common council, faithtully to
execute his said office: which shall be recorded in his book of
proceedings. Ile shall see that the laws of the corporation
be duly executed, and shall report the negligence or miscon-
duct of any officer to the city: council, who, on satisfactory
proof thereof, may remove from oftice the said dclinguent.
Ile shall have power to convene the city council whenever,
in his opinion, the good of the community may require it;
and he shall lay before the city council, from time to time, in
writing, such alterations in the laws of the corporation as he
shall deem necessary or proper. He shall fave and exercise
all the powers of a justice of the peace within the said city,
and shall receive for his services annualW a just and reason-
able compensation, to be allowed and fixed by the city council,
which shall not be increased or diminished during the period
for which he shall have been eleeted,
15, Each branch of the city conneil shall have power. to
supply vacancies in their own body, by causing elections to
be made in the manner hereinhetore directed, out of the citi-
zens qualified to fill the said office, in the ward in which such
vacancy shall have happened; and may, in the absence of the
president, elect a president pro tempore. In ease of the
temporary inability or absenee of the mayor, the president of
the board of aldermen shall perform all the duties of’ the
mayor that may he required to be performed during his _ab-
sence or inability; and in case of a vacancy in the said office,
he shall perform the duties thereof until a new election shall
be made.
16. The acts of the city council shall be signed by the
president of each branch, and shall be presented to the mayor
for his approbation, who, if he objects thereto, shall, within
three days after it shall be presented to him for his assent,
return it to that branch of the city council in which it origi-
nated, with his objections in writing; and if a majority of
the whole number of the members of each branch shall be of
opinion that the law ought to be passed, it shall, notwith-
standing the objections of the mayor, become a law, and be
Ricned by him; and if the mayor shall not return his objec-
tions as aforesaid within three days, it shall become a law,
and be signed by him. ‘The clerk of each branch of the city
council shall record, in a book to be kept by him for the pur-
pose, all the proceedings of his branch, and shall deliver a
copy of them to the public printer, to be publislied for the
information of the people; and the clerk of the common
council shall also record, in a book to be kept by him for that
purpose, all the laws of the corporation, and shall furnish a
copy of every Jaw for publication as aforesaid.
17. kach branch of the city council shall have power to ap-
point and remove its own president, clerk and messenger, and
said council shall appoint and remove all officers of the corpora-
tion whose electionisnot otherwise providedtor. The election
of corporation officers, to be made by the people, shall be at
the times and places. and in the manner that the mayor is
elected, and they shall be removable fur good cause by the
city council: but the concurrence of a majority of the mem-
bers of each branch shall be necessary tor the removal of any
Oilicer: and whenever a vacancy shall be occasioned by death
or resignation, removal or neglect, or refusal of any person
to vive the required bond, or retusal of any person to accept,
or incapacity to hold any office, such vacancy shall be filled
by the city council until the next annual election, unless it be
&@ vacancy in the office of mayor; In which case, the city
council shall order a new election by the people tor the un-
expired term. he first election of the ofticers elective by
the people shall be held on the first Tuesday in March, in the
year eichteen hundred and sixty-six.
18. Every person qualified to vote as aforesaid—and no
other person—shall be eligible to any corporation office. But
no person shall hold more than one ofhce or place ot honor
or profit, under the charter of the said city, at the same time:
provided, however, that the attorney for the corporation may
be a member of either branch of the city council, and the
auditor of the corporation may be the clerk of either branch
of the said city council. If at any time one-fourth of the
voters in the city shall, by petition, express, as.to any of the
officers of the corporation, a desire for a change in the mode
of appointing one or more of them, the said eity council shall,
by resoiution, direct a poll to be taken for and against such
change, specifying in such resolution the particular othce or
offices as to which the change is proposed. The resolution
shall designate a certain time for the poll. not less than one
month trom its date, and shall be published tot one month in
one or more newspapers of the city. At the time designated,
the poll shall be taken, superintended and conducted by the
same officers, at the same places, and in like manner as the
elections hereinbefore mentioned. Ifa majority of the votes
be in favor ot the change proposed, the city council shall
have the fact entered on their journals; and thencetorth, at
the expiration of the year tor which an election shall have
been made to said office or oflices, the same shall be filled in
the mode specified in said resolution.
19. The commissioners to superintend the election in each
ward shall, before they receive any vote, take severally the
following oath or afiirmation, to be administered by the
mayor, or any justice of the peace:
“TAB, do solemnly swear, or aftirm (as the case may be),
that Iowilltruly and faithtilly receive and return the votes of
such persons as are entitled to vote for members of the city
council, mayor, and all other officers of thé corporation elee-
tive by the people, in ward No. ; and that Twill not
knowinely receive or return the vote of any who are not
legally entitled to the same. So help me God.”
The gaid election shall be closed on the day it is begun;
and the poll shall be kept open until sunset t, and no longer,
The said commissioners in each ward, or am: ajor ity of them,
shall, on the next dav after the election, make a list of all the
votes received at said election; and the four persons having
the greatest number of votes tor members to serve in the
common council, shall be duly elected; and the two persons,
at. the first election under this aet} and thereatter the person
having the greatest number of votes tor members or member
to serve in the board of aldermen, shall be duly elected; and
in all cases of an equality of votes. the commissioners shall
decide, and shall make a return of the persons so elected,
under their hands and seals, to the mayor, who shall cause
the same to be published in some newspaper of the city.
The said commissioners shall also send a duplicate return,
under their hands and. seals, of the persons elected to serve
in the common counceal, to the clerk of the common council;
and of the persons, at the first election under this act, and
thereatter. of the person elected to the board of aldermen,
to the clerk of the board of aldermen, who shall respectiv ely
preserve and record the same. Each branch of the CIty
coune! shall judee of the legality of the election of any per-
son who shall be returned as a member thereof, and the city
council shall have iull power to pass all laws to enable them
to come to just decision upon a contested election. Hach
branch shall have power to compel the attendance of its own
members, by reasonable penalties, and to make all rules and
reculations for the orderly and regular conduct of business.
cach branch may punish any member for disorderly behavior,
and with the consent of three-fourths of the whole number
of its members, may expel a member.
20. The said commissioners tor all the wards, or a majority
of the commissioners tor each ward, shall meet, on the day
after the election, at the chamber ot the common council, or
at. such other tit and convenient place as the city council may
from time to time direct, and then and there add and compare
the votes given in their respective wards for mayor, and all
other officers of the corporation clective by the people; and
the individuals having the highest number of votes for the
respective offices, shall be declared by the commissioners to
be duly elected; and in all cases of a tie, the commissioners
shall decide; and they sliall make out certificates thereof,
respectively, and cause the same to be delivered to the per-
sons elected, respectively; and duplicates thereof to the
clerk of each branch of the city council: and should the
commissioners not be able to finish adding and comparing
the votes in one day, they shall adjourn until the next day,
when the same shall be completed.
21. Whenever taxes upon real property, or other claims
or charges upon real property within the city, shall be due
and owing to the city council, and the proprietor shall thil to
discharge the same, the city council, after giving the party
ten days’ notice when he résides within the city, sixty days’
notice when he resides out of the city and in the United
States, and after six months’ publication in the newspapers
when he resides ont of the United states, shall he empowered
to recover the said taxes or debts, by metion in the county
or cireuit court of Alexandria county: and provided it shall
appear to the satisfaction of the court that such taxes or
claims are justly due, judyment shall be granted, and an exe-
ention shall issue thereupon, with the costs of sit, against
the goods and chattels of the detaulter, if any can be tound
in the city; if not, the whole property upon which the tax
or claim is due shall, by order of the conrt, be leased ont at
pubhe auction for the shortest term of years that’ may be
offered, on condition that the lessee pay the arrearages and
the future tax during the term, and the costs, and be at
liberty to remove all his improvements at the expiration of
the lease: provided always, that the city eouncil may pro-
secute any other remedy by action for the recovery of the
said taxes, and all other taxes and claims, which is now pos-
sessed or allowed.
22. Tenerents and lots of ground within the city of Alex-
andria, on which taxes, assessments or charges remain due
and unpaid to the city council of the said city, for the space
of two years, or shall hereatter remain due and unpaid for
that space of time, or so much of said lots as may be neces-
sary, may be sold at public auction for the payment of the
taxes, assessments or charges, which are or shall be due
thereon, with the expense attending the sale: provided, that
betore any such sale be made, an afhdavit of the collector of
the district or ward in which such lots lie, stating. that no
goods or chattels of the person or persons charged with the
payinent of such taxes, assessments or charees, suiicient to
satisfy the same, can be tound within the corporation, shall
he lodged with the clerk of the common council: and pro-
vided, that public notice of the time and place of such sale
shall be given by advertising in some newspaper published
in the city of Alexandria, for at least six months where the
property is assessed to persons residing out of the United
States, three months where the property is assessed to per-
sons residing within the United States but without the county
of Alexandria, and six weeks where the property is assessed
to persons residing within the county of Alexandria: in
which notice shall be stated the street or streets, 1f any, on
which such lots lie; the streets by which the square in which
thev he is bounded; the name of the person or persons to
whom they have last. heen assessed on the books of the asses-
sors, and the amount of the taxes, assessments or charges due
thereon: and provided further, that the purchaser or pur-
chasers shall not be obliged to pay, at the time of such sale,
more than the taxes, assessments or charges due, and the ex-
penses of sale; and that, Wf within two years from the day of
sale, the proprietor or proprictors of Lich lot. his or their
heirs, representatives or agents, shall pay to such purchaser
or to the mayor the. money paid for such taxes, assessments
or charges and expenses as aforesaid, with ten per centum
per annum as interest thereen, or make a tender of the same
within two years next afier he or she shall be reinstated in
his, her or their original title: but if no such tender be made
Within two years next after such sale, then the purchaser shall
pay the balance of the purchase money of stich lot or lots,
or such part or parts thereot as may have been sold, into the
treasury of the city council, where it shall remain, subject to
the order of the proprietor or proprietors, or his or their
legal reprerentatives: and the purchaser, on the payment of
the whole amount ofthe purchase money, shall receive a title
to the said: lot or lots, or such part or paris thereof, in fee
simple, from the mayor, under his hand and the seal of his
ofice; which shall be deemed wood and valid in law and
equity. °
23. The city council shall have power to pass laws autho-
rizing the collectors to collect the taxes due the corporation,
by distress or otherwise, in like manner as the sheriff is
authorized to collect taxes due the commonwealth.
Ys. Nothing herein contained shall be construed to impair
or destroy any might or remedy which the common council
Now possess or enjoy to or coneerning any debts, claims or
demands against any person or persons whatsoever, or to re-
peal any of the laws and ordinances of the common council
of Alexandria now in toree, Which are not inconsistent with
this act.
Yo. The iimits of the city of Alexandria shall be as follows
Beeinning on the Potomac river, at a point distant northerly
in the direction of Fairtax street, five hundred and ninety-
five tect nine inches from the north line of Montgomery
street, as now established in said citv, and extending into
said river, and running thence westerly and parallel with said
north line, to a point at which this course will intersect a line
one hundred and tw enty-three feet tive inches west of and
running paralicl to the western line of West street, as now
establisned, when extended; thencve southerly, parallel with
West street, to the north line of Cameron street, extended,
tea point ina line with the west line of the lot of the late
}Vrancis Peyton, on which he resided; thence southerly,
parallel with West street, to the south line of King street,
extended: thence, ina straight line, to a point in the line di-
viding the counties of Fairfax and Alexandria from each
other, ten tect west of Hoot’s run; thence southerly, parallel
to and distant ten feet from floal’s re to the ntiddie of
Ituntine creek; thence, with the middle of Ilunting creek,
into the Potomac river; thence, up the said river to the
beeinning, .
26. For the first ward—W. Rt. Howard, George Dearborn,
John Arnold, N. Hicks and B. H. Lambert; for the second
ward—H. L. Simpson, W. N. Brown, P. J. Henderson, Jo-
seph Cawood and J. T. Armstrong; for the third ward—J.
EK. McGraw, P. G. Uhler, R. L. Brockett, Dr. French and J.
H. Parrott; for the fourth ward—H. 8. Martin, C. C. Brad-
ley, W. W. Harper, A. J. Fleming and W. H. McKnight,
are hereby appointed commissioners, under whose s.perin-
tendence, or unde~ the superintendence of two or ore of
them in each ward, respectively, on the eighth day of Feb-
ruary, eighteen hundred and sixty-six, a poll shall be opened
and held, to take the sense of the voters’ qualified, under the
provisions of this act, to vote for members to serve in the
city council, and all officers of the corporation elective by the
people, upon the question whether this act shall be ratified or
rejected. The said poll shall contain two columns, and shall
be headed thus: “Shall the act to amend the charter, passed
by the general assembly of Virginia on the day of ;
be ratified or rejected ?”
FOR ITS RATIFICATION. | FOR ITS REJECTION.
And the said commissioners, or two or more as aforesaid,
from each ward, shall, on the next day, meet at the council
chamber, and then and there add and compare the votes
siven for the ratification and rejection of this act; and shall
make out a certificate of the result, and cause the same to be
delivered to the clerk of the common council, who shall cause
it to be recorded in'their book of proceedings; and the said
commissioners shall make out a duplicate of the said certifi»
caie, and cause it to be delivered to the mayor, who shall
immediately make known the result of the said vote by his
roclamation. If a majority of those voting have voted for
its ratification, then this act shall be in force from and after
the sixth day of March, one thousand eight hundred and
sixty-six; but if a majority have voted for its rejection, then
this act shall not take effect; and the said persons hereinbefore
named as commissioners to, take the vote of the citizens on
the eighth day of February, eighteen hundred and sixty-six,
are hereby appointed commissioners to hold the election for
mayor, members of the board of aldermen and common
council, and officers of the corporation, on the first Tuesday
of March, eighteen hundred and sixty-six.
27. Be it further enacted, That at the time and places,
under the same notice, and by the same commissioners herein-
before mentioned, to hold an election for the ratification or
rejection of this charter, a separate poll shall be also taken of
the voters qualified as before mentioned, whether the follow-
ing officers, to wit, a gauger of casks, ins»ector of domestic
spirits, inspector and measurer of wood, bark and of lumber,
superintendent of police, collector or collectors of taxes,
attorney for the corporation, assessors, clerk of the market
and auditor of public accounts, city surveyor, chief engineer
of the fire department, and superintendent of gas, shall be
elected by the city council of Alexandria, or by the voters of
the city; and in order that the same shall be properly effected,
the said poll shall contain two columns, and shall be headed
thus:
FOR ELE CTION BY THE COUNCIT.. cr. | Po FOR ELECTION BY THE VOTERS,
And the said commissioners, or any two or more from each
ward, shall, on the next day ‘thereatter, mect at the council
chamber, and then and there add and compare the votes given
for the election by the council and election by the voters;
and shall make out a certiticate of the result, and cause the
same to be delivered to the clerk of the common council,
who shall cause it to be recorded in their book of proceed-
ings; and the said commissioners shall make out a duplicate
of said certificate, and cause it to be delivered to the mayor,
who shall immediately make known the result of said vote
by his proclamation. If a majoriy of those voting shall have
voted for “the election by the council,” then this charter shall
be amended in this regard, so that the elections shall here-
after be made of the officers so indicated, by the city council
of Alexandria, and shall be in force trom and after the sixth
day of March, eighteen hundred and sixty- -six. If a majority
shall vote “for election by the voters,” then this charter, if
adopted, shall not be so amended.
28. All acts and parts of acts, coming within the purview
ef this act, shall be and are hereby repealed : provided, that
the mayor ‘and common council of Alexandria shall and may
remain and continue as such until the first Tuesday in March,
one thousand eight hundred and sixty-six.
=
Chap. 152.—An ACT to amend the Charter of the City of Alexandria.
Passed January 25, 1806.
1. Be it enacted by the general assembly, That the town of
Alexandria shall hereafter be known and ealled by the name
of The City of Alexandria; and shall be divided into four
wards, The first ward shall comprise ali that part of the
said city lying east of the middle of Vitt street, and south of
a line drawn froin the river Potomac to the middle of Pitt
street, parallel to, and equidistant from King and Prince
streets. The second ward shall comprise all that part of said
city lying east of the middle of Pitt street. and north of the
said line between King and Prince streets. The third ward
shall comprise all that part of said city lving west of the
middle of Pitt street, and north of a line drawn from the
middle of Pitt street to the western limits of the city, parallel
to, and equidistant from Wing and Prince streets; and the
fourth ward shall comprise all that part of said city lying
south and west of the two last mentioned lines, respectively.
When any honse or lot shall be situated partly in two wards,
it shall be considered as lying in that ward in which the
greater part thereof shall be. The city council shall have
power, from time to time, to alter the botundaries of the
wards, and to increase their number, designating the add
tional wards in numerical order. All the taxes, fines, for-
feitures, rents, revenues and other resourees of the corpora-
tion, shall constitute a general fund, to be appropriated as the
city council shall lawfully direct.
®. Every white male citizen of this state, who shall possess
the qualifications and requirements of a voter for a member
of the general assem'ys and who shall moreover have resided
in the said city one year, and in the ward in which he offers
to vote, one month ‘next preceding the election—and none
others—shall he qualified to vote tor members to serve in the
city council of the said city. and all officers of the corporation
elective by the people; and in all elections the votes shall be
given viva voce, and not by ballot; but dumb persons, enti-
tled to suffrage, may vote by ballot; and every person quali-
fied as aforesaid, shall vote in the ward of which he is a resi-
dent, and not elsewhere.
3. The city council of Alexandria shall be for med of two
distinct branches. One of these shall be called “the common
council,” and shall consist of sixteen members, to be elected
annually—four from each ward. The other shall be called
“the hoard of aldermen,” and shall consist of eight members,
to be elected for the term ot two years—two from each ward.
4. The persons qualified to vote as afuresaid, shall meet at
some convenient place in the wards in which they respec-
tively reside, and elect four persons for the representatives
of sach ward, in the common council, out of the qualified
voters who shall have resided in such ward for three months
immediately preceding the electéon, and two persons for rep-
resentatives of such ward, in the board of aldermen, out of
the qualified voters who shall have resided in such ward for
six months immediately preceding; and the said election of
members, to serve in the common council, shall be held on the
first Tuesday of March in every year, by commissioners here-
inafter appointed in each ward for that purpose, for this year; ’
and afterwards, by three commissioners for each ward, ap-
pointed by the city council; which appointment shall be at
least ten davs betore the day of each election: and the said
COMM ATSRLONETRS, or a majority of them, may employ such
writers, and at such rate of compensation as the council may
direct: or in the absence of such directions, such writers, and
at such rate as they shall think proper: and they shall respec-
tively take an oath, to be administered by the mayor, or any
justice of the peace of the county of Alexandria, to record
the votes faithfully and impartially. They shall deliver to
each writer a poll book for those officers as to whom such
writer is to record the votes; and each writer shall enter the
name of each voter ina column to be headed with the words
“names of voters:” and in a line with such name he shall
enter initial letters of the'name of such voter; or if the com-
missioners so direct, a mark under the name of each person
for whom he votes for any of said offices. The said votes
shall be given as prescribed by the third section of this act;
but at the time a vote is given, the said commissioners con-
ducting the election shall receive of each voter a paper or
ticket (with his name written on it), which shall specify the
names of the persons for whom he votes, and for what office;
and at the election of members to serve in the common
council, Which shall be held on the first Tuesday in March,
eighteen hundred and sixty-six, at the same time, and in like
manner, two persons shall be elected tor representatives of each
ward in the board of aldermen. Upon the assembling of the
members of the board of aldermen so elected, they shall be
divided into two equal classes—one of each class from each
ward—to be numbered by lot. The term of service of the
members of the first class shall expire with that of the mem-
bers of the common council first elected under this act; and
of the members of the second class, at the expiration of one
year thereafter: and this alternation shall continue—so that
one-half of the members of the board of aldermen (one from
each ward) inny be chosen every year. ‘The first election
under this act shall be held at such place in each ward as
shall be fixed on by the commissioners aforesaid, heremafter
named, and under their direction; and thereafter, by the city
ecouneil; of which public notice shall be given. The mayor
shall appoint commissioncrs to fill vacancies which may occur
in the number of commissioners of election appointed as
aforesaid by the city council, caused by death, refusal to serve,
absence from the city, or any other disability.
). The members of the common council elected as afore-
said, or any twelve of them, shall, within seven days after
their election in each year, assemble themselves at the present
council chamber, or any othewplace which shall be hereafter
fixed for their meeting, and shall choose one of their own
body to be president of the said common council, to whom
shall be administered, by any justice of the peace in the
county of Alexandria, an oath or aftlirmation for the faithful
discharge of the duties of his office; whereupon, the said
resident shall administer the oath of office to the other mem-
pers of the council, and shall have, while they are in session,
the sane power which is at present exercised by the president
of the present common council upon like -occasion; and he
shall convene the common council whenever,in the opinion of
four of the members, expressed to him in writing, or when-
ever, in his opinion, the good of the city may require it: and
the authority of said common council shall continue one year
from the day of their election, and until others are chosen
and qualified in their stead, and no longer. And the mem-
bers of the board of aldermen elected as aforesaid, or any
six of them, chosen at the first election held under this act;
and thereafter, those holding over, or any three of them,
with those elected, or any three of them, shall, within seven
days after the election in each year, assemble themselves at
the mayor's office, or any other place which shall be hereafter
fixed for their meeting, and shall organize in like manner
with the members of the common council; and the president
of the said board of aldermen shall have like power, while
the said board is in session, with the president of the common
council; and he shall convene the city council whenever, in
the opinion of two of the members of cach branch, expressed
to him in writing, or whenever, in his opinion, the good of
the city may require it: and the authority of the said board
of aldermen shall continue one year from the day of the
election, and until others are qualitied in their stead, and no
longer.
6. The common council and board of aldermen so elected,
together, and those thereafter to be elected, and their suc-
cessors, shall be and are hereby made a body politic and
corporate, by the name of The City Council of Alexandria;
and by the said name, shall have perpetual succession, with
capacity to purchase, take, possess and enjoy lands and tene-
ments, goods and chattels, either in fee or lesser estate
therein; and the same to give, grant, let, sell, assign or
transfer; and to plead and be impleaded, prosecute and de-
fend all causes, complaints and actions, real, personal or
mixed; andto have a common seal, and perpetual succession.
And all the estate, rights and credits now vested in the com-
mon council of Alexandria, shall be vested in the said city
council, when elected, and may be recovered in their name
for the use of the said city; and in like manner, all claims
and demands against the common council of Alexandria,
prior to the operation of the present act, may be prosecuted
and recovered against the aforesaid city council; and process
served upon the mayor or the president of the board of alder-
men, or of the common conneil, shall be deemed suflicient.
7. The jurisdiction of the said city eouncil shall extend to
the limits herematter preseribetL The concurrence of a ma-
jority of the whole number of members of each branch of
the city council shall be necessary for the passnge ot any
law, order or resolution, or for repealing, altering or revoking
the same.
8. The said city council shall have power to erect work
houses, houses of correction, and other public buildings. for the
benefit of the said city: to pave, make and repair the streets
and highways; to make all laws which they shall conceive
requisite for the preservation of the health of the mhabitants,
and for the reeilation of the morals and police of the said
citv; and to entorce the observance of their laws by reason-
able penalties and forfeitures, to be levied upon the goods
and chattels of the offender—and where no such goods or
chattels can be found, by confinement to labor for a period
not exceeding three months; and they shall have power to
raise money by taxes tor the use and benetit of said city:
provided, that such laws shall not be repugnant to or meon-
sistent with the Jaws and constitution of the state or of the
United States. The said eity council shall, whenever they
deem it proper, have power to open, extend, reculate, pave
and improve the streets within the limits of the said city:
provided they make to the person or persons who may be
injured by such opening or extension, just and adequate com-
pensation out of the funds of the corporation. They shall
have power to hold and keep within the said city, market days,
and from time to time to prescribe rules and reculations tor
the government of the market; to provide for the establish-
ment, maintenance and superintendence of public schools;
and for the recistering of births, marriages and deaths; and
shall have power to preserve the navigation of the Potomac
river within their jurisdiction; to erect, repair and regulate
public wharves, deepen docks and basins, and to limit the
extent of priv ate wharves into the harbor: to restrain and
prohibit the keeping of tippling houses, and all kinds of gam-
ing; to provide for licensing, taxing and revulating auctions,
theatrical and public shows and amusements; to reculate
party and other walls and fences, and to determine by whom
they shall be kept in repair; to direct in what part of’ the
city buildings of wood shall not be ereeted, and to regulate
the size of bricks to be used or made; and shall have power
to restrain and prohibit mehtly and disorderly mectines; to
cause and provide for the removal of all such paupers, va-
grants and other persons as may not be leally entitled to
residence within the satd corporation ; to punish, by fine or
penalty of prosecution, anv minor or apprentice euilty of any
breach of any law of the corporation; and unless such fine
or penalty, with the costs of prosecution, be paid by the pa-
rent, guardian or master of such minor or apprentice, by
confinement to labor for a limited time, not exceeding three
months for any one offence; to regulate by law the inspec-
tion of domestic spirits and tobacco, measuring and inspec-
tion of wood and bark, lumber, grain, coal, beet, pork, guano,
butter and lard, hav, fodder and straw; and shall order an
election by the people of a gauger ef casks and inspector of
domestic spirits, Iuspectors and measurers of wood and bark,
and of lumber, & superintendent of police, collector or col-
lectors of taxes, attorney for the corporation, assessors, clerk
of the market, auditor of public accounts, city surveyor, chief
envineer of the fire department, and superintendent of the
gas works; and shall have power to fix the compensation and
prescribe the powers and duties of all officers of the corpo-
ration, Whose powers and duties are not herein preseribed ;
to pass all laws, not inconsistent with the laws and constitu-
tion of this state or of the United States, which they may con-
ceive requisite tor the prevention and removal of nuisances;
to require any officer, before entering upon the duties of his
office, to give bond and security, ina penalty to be fixed by
them, with condition-ftor the fiithful discharge of the duties
of his otlice; and to pass all laws necessary and proper for
carrying into execution the powers granted by this act.
% The jurisdiction of the said city council shall extend
over the harbor of alexandria, and over vessels of every de-
scription Which may arrive and be in the harbor, or be at
anchor in any part of the river Potomac, below Pearson’s
island; and also their jurisdiction shall extend over the house
in the vicinity of the eity for the accommodation of the poor
and others, and over the grounds thereto belonging, and over
all persous who may be sent or placed there by the consent
or authority of the city council, and on their way to and
trom the same, until they be regularly discharged.
10. Be it further enacted, That the said city council may
tax, within the city, every person who keeps an ordinary or
house of entertainment (public or private); a public eating
house or coffee house; every person who is a dealer in horses
or mules; every person who keeps a livery stable; every
broker; every person who sells or barters any patent, specific
or quack medicine; and all sellers of spirituous liquors, shop
keepers, merchants and traders, They may levy taxes on in-
comes and on licenses of persons in the city in cases not
otherwise provided for: subject, however, to the provision
in the twenty-fifth section of the fourth article of the consti-
tution. .
11. Be it further enacted, That the said city council may
grant or refuse licenses to the owners or keepers of wagons,
varts, drays, hacks and other wheel carriages kept or em-
ployed in the city for hire; aid may require taxes to be paid
thereon, and subject the same to such regulations as they
may deem proper.
12. Be it further enacted, That the said city council may
specially tax a lot adjoining a street on which paving is done
or curbstone put down (whether on the sidewalk or carriage
way), not exceeding two-thirds of the expense of the curb-
stone or paving on that half of the street opposite such lot.
13. Be it further enacted, That no member of either
branch of the city council shall, during his continuance in
office, be eligible to any office or place within the gift of said
council. to which there shall be any fee or compensation.
14. The mayor of the city of Alexandria shall be annually
elected by the qualified voters, at the times and places and in
the manner that members of the city council are elected.
Ife shall hold his oftice for one year from the time of his
election, and until a successor is chosen and qualitied in his
stead: at the expiration of which period he may be re-elected
for two years thereafter in suecession, and no longer, until he
shall have been out of office one year. Ile shall, before he
enters upon the “duties of his office, take an oath or aflirma-
tien, In the presence of the common council, faithtully to
execute his said office: which shall be recorded in his book of
proceedings. Ile shall see that the laws of the corporation
be duly executed, and shall report the negligence or miscon-
duct of any officer to the city: council, who, on satisfactory
proof thereof, may remove from oftice the said dclinguent.
Ile shall have power to convene the city council whenever,
in his opinion, the good of the community may require it;
and he shall lay before the city council, from time to time, in
writing, such alterations in the laws of the corporation as he
shall deem necessary or proper. He shall fave and exercise
all the powers of a justice of the peace within the said city,
and shall receive for his services annualW a just and reason-
able compensation, to be allowed and fixed by the city council,
which shall not be increased or diminished during the period
for which he shall have been eleeted,
15, Each branch of the city conneil shall have power. to
supply vacancies in their own body, by causing elections to
be made in the manner hereinhetore directed, out of the citi-
zens qualified to fill the said office, in the ward in which such
vacancy shall have happened; and may, in the absence of the
president, elect a president pro tempore. In ease of the
temporary inability or absenee of the mayor, the president of
the board of aldermen shall perform all the duties of’ the
mayor that may he required to be performed during his _ab-
sence or inability; and in case of a vacancy in the said office,
he shall perform the duties thereof until a new election shall
be made.
16. The acts of the city council shall be signed by the
president of each branch, and shall be presented to the mayor
for his approbation, who, if he objects thereto, shall, within
three days after it shall be presented to him for his assent,
return it to that branch of the city council in which it origi-
nated, with his objections in writing; and if a majority of
the whole number of the members of each branch shall be of
opinion that the law ought to be passed, it shall, notwith-
standing the objections of the mayor, become a law, and be
Ricned by him; and if the mayor shall not return his objec-
tions as aforesaid within three days, it shall become a law,
and be signed by him. ‘The clerk of each branch of the city
council shall record, in a book to be kept by him for the pur-
pose, all the proceedings of his branch, and shall deliver a
copy of them to the public printer, to be publislied for the
information of the people; and the clerk of the common
council shall also record, in a book to be kept by him for that
purpose, all the laws of the corporation, and shall furnish a
copy of every Jaw for publication as aforesaid.
17. kach branch of the city council shall have power to ap-
point and remove its own president, clerk and messenger, and
said council shall appoint and remove all officers of the corpora-
tion whose electionisnot otherwise providedtor. The election
of corporation officers, to be made by the people, shall be at
the times and places. and in the manner that the mayor is
elected, and they shall be removable fur good cause by the
city council: but the concurrence of a majority of the mem-
bers of each branch shall be necessary tor the removal of any
Oilicer: and whenever a vacancy shall be occasioned by death
or resignation, removal or neglect, or refusal of any person
to vive the required bond, or retusal of any person to accept,
or incapacity to hold any office, such vacancy shall be filled
by the city council until the next annual election, unless it be
&@ vacancy in the office of mayor; In which case, the city
council shall order a new election by the people tor the un-
expired term. he first election of the ofticers elective by
the people shall be held on the first Tuesday in March, in the
year eichteen hundred and sixty-six.
18. Every person qualified to vote as aforesaid—and no
other person—shall be eligible to any corporation office. But
no person shall hold more than one ofhce or place ot honor
or profit, under the charter of the said city, at the same time:
provided, however, that the attorney for the corporation may
be a member of either branch of the city council, and the
auditor of the corporation may be the clerk of either branch
of the said city council. If at any time one-fourth of the
voters in the city shall, by petition, express, as.to any of the
officers of the corporation, a desire for a change in the mode
of appointing one or more of them, the said eity council shall,
by resoiution, direct a poll to be taken for and against such
change, specifying in such resolution the particular othce or
offices as to which the change is proposed. The resolution
shall designate a certain time for the poll. not less than one
month trom its date, and shall be published tot one month in
one or more newspapers of the city. At the time designated,
the poll shall be taken, superintended and conducted by the
same officers, at the same places, and in like manner as the
elections hereinbefore mentioned. Ifa majority of the votes
be in favor ot the change proposed, the city council shall
have the fact entered on their journals; and thencetorth, at
the expiration of the year tor which an election shall have
been made to said office or oflices, the same shall be filled in
the mode specified in said resolution.
19. The commissioners to superintend the election in each
ward shall, before they receive any vote, take severally the
following oath or afiirmation, to be administered by the
mayor, or any justice of the peace:
“TAB, do solemnly swear, or aftirm (as the case may be),
that Iowilltruly and faithtilly receive and return the votes of
such persons as are entitled to vote for members of the city
council, mayor, and all other officers of thé corporation elee-
tive by the people, in ward No. ; and that Twill not
knowinely receive or return the vote of any who are not
legally entitled to the same. So help me God.”
The gaid election shall be closed on the day it is begun;
and the poll shall be kept open until sunset t, and no longer,
The said commissioners in each ward, or am: ajor ity of them,
shall, on the next dav after the election, make a list of all the
votes received at said election; and the four persons having
the greatest number of votes tor members to serve in the
common council, shall be duly elected; and the two persons,
at. the first election under this aet} and thereatter the person
having the greatest number of votes tor members or member
to serve in the board of aldermen, shall be duly elected; and
in all cases of an equality of votes. the commissioners shall
decide, and shall make a return of the persons so elected,
under their hands and seals, to the mayor, who shall cause
the same to be published in some newspaper of the city.
The said commissioners shall also send a duplicate return,
under their hands and. seals, of the persons elected to serve
in the common counceal, to the clerk of the common council;
and of the persons, at the first election under this act, and
thereatter. of the person elected to the board of aldermen,
to the clerk of the board of aldermen, who shall respectiv ely
preserve and record the same. Each branch of the CIty
coune! shall judee of the legality of the election of any per-
son who shall be returned as a member thereof, and the city
council shall have iull power to pass all laws to enable them
to come to just decision upon a contested election. Hach
branch shall have power to compel the attendance of its own
members, by reasonable penalties, and to make all rules and
reculations for the orderly and regular conduct of business.
cach branch may punish any member for disorderly behavior,
and with the consent of three-fourths of the whole number
of its members, may expel a member.
20. The said commissioners tor all the wards, or a majority
of the commissioners tor each ward, shall meet, on the day
after the election, at the chamber ot the common council, or
at. such other tit and convenient place as the city council may
from time to time direct, and then and there add and compare
the votes given in their respective wards for mayor, and all
other officers of the corporation clective by the people; and
the individuals having the highest number of votes for the
respective offices, shall be declared by the commissioners to
be duly elected; and in all cases of a tie, the commissioners
shall decide; and they sliall make out certificates thereof,
respectively, and cause the same to be delivered to the per-
sons elected, respectively; and duplicates thereof to the
clerk of each branch of the city council: and should the
commissioners not be able to finish adding and comparing
the votes in one day, they shall adjourn until the next day,
when the same shall be completed.
21. Whenever taxes upon real property, or other claims
or charges upon real property within the city, shall be due
and owing to the city council, and the proprietor shall thil to
discharge the same, the city council, after giving the party
ten days’ notice when he résides within the city, sixty days’
notice when he resides out of the city and in the United
States, and after six months’ publication in the newspapers
when he resides ont of the United states, shall he empowered
to recover the said taxes or debts, by metion in the county
or cireuit court of Alexandria county: and provided it shall
appear to the satisfaction of the court that such taxes or
claims are justly due, judyment shall be granted, and an exe-
ention shall issue thereupon, with the costs of sit, against
the goods and chattels of the detaulter, if any can be tound
in the city; if not, the whole property upon which the tax
or claim is due shall, by order of the conrt, be leased ont at
pubhe auction for the shortest term of years that’ may be
offered, on condition that the lessee pay the arrearages and
the future tax during the term, and the costs, and be at
liberty to remove all his improvements at the expiration of
the lease: provided always, that the city eouncil may pro-
secute any other remedy by action for the recovery of the
said taxes, and all other taxes and claims, which is now pos-
sessed or allowed.
22. Tenerents and lots of ground within the city of Alex-
andria, on which taxes, assessments or charges remain due
and unpaid to the city council of the said city, for the space
of two years, or shall hereatter remain due and unpaid for
that space of time, or so much of said lots as may be neces-
sary, may be sold at public auction for the payment of the
taxes, assessments or charges, which are or shall be due
thereon, with the expense attending the sale: provided, that
betore any such sale be made, an afhdavit of the collector of
the district or ward in which such lots lie, stating. that no
goods or chattels of the person or persons charged with the
payinent of such taxes, assessments or charees, suiicient to
satisfy the same, can be tound within the corporation, shall
he lodged with the clerk of the common council: and pro-
vided, that public notice of the time and place of such sale
shall be given by advertising in some newspaper published
in the city of Alexandria, for at least six months where the
property is assessed to persons residing out of the United
States, three months where the property is assessed to per-
sons residing within the United States but without the county
of Alexandria, and six weeks where the property is assessed
to persons residing within the county of Alexandria: in
which notice shall be stated the street or streets, 1f any, on
which such lots lie; the streets by which the square in which
thev he is bounded; the name of the person or persons to
whom they have last. heen assessed on the books of the asses-
sors, and the amount of the taxes, assessments or charges due
thereon: and provided further, that the purchaser or pur-
chasers shall not be obliged to pay, at the time of such sale,
more than the taxes, assessments or charges due, and the ex-
penses of sale; and that, Wf within two years from the day of
sale, the proprietor or proprictors of Lich lot. his or their
heirs, representatives or agents, shall pay to such purchaser
or to the mayor the. money paid for such taxes, assessments
or charges and expenses as aforesaid, with ten per centum
per annum as interest thereen, or make a tender of the same
within two years next afier he or she shall be reinstated in
his, her or their original title: but if no such tender be made
Within two years next after such sale, then the purchaser shall
pay the balance of the purchase money of stich lot or lots,
or such part or parts thereot as may have been sold, into the
treasury of the city council, where it shall remain, subject to
the order of the proprietor or proprietors, or his or their
legal reprerentatives: and the purchaser, on the payment of
the whole amount ofthe purchase money, shall receive a title
to the said: lot or lots, or such part or paris thereof, in fee
simple, from the mayor, under his hand and the seal of his
ofice; which shall be deemed wood and valid in law and
equity. °
23. The city council shall have power to pass laws autho-
rizing the collectors to collect the taxes due the corporation,
by distress or otherwise, in like manner as the sheriff is
authorized to collect taxes due the commonwealth.
Ys. Nothing herein contained shall be construed to impair
or destroy any might or remedy which the common council
Now possess or enjoy to or coneerning any debts, claims or
demands against any person or persons whatsoever, or to re-
peal any of the laws and ordinances of the common council
of Alexandria now in toree, Which are not inconsistent with
this act.
Yo. The iimits of the city of Alexandria shall be as follows
Beeinning on the Potomac river, at a point distant northerly
in the direction of Fairtax street, five hundred and ninety-
five tect nine inches from the north line of Montgomery
street, as now established in said citv, and extending into
said river, and running thence westerly and parallel with said
north line, to a point at which this course will intersect a line
one hundred and tw enty-three feet tive inches west of and
running paralicl to the western line of West street, as now
establisned, when extended; thencve southerly, parallel with
West street, to the north line of Cameron street, extended,
tea point ina line with the west line of the lot of the late
}Vrancis Peyton, on which he resided; thence southerly,
parallel with West street, to the south line of King street,
extended: thence, ina straight line, to a point in the line di-
viding the counties of Fairfax and Alexandria from each
other, ten tect west of Hoot’s run; thence southerly, parallel
to and distant ten feet from floal’s re to the ntiddie of
Ituntine creek; thence, with the middle of Ilunting creek,
into the Potomac river; thence, up the said river to the
beeinning, .
26. For the first ward—W. Rt. Howard, George Dearborn,
John Arnold, N. Hicks and B. H. Lambert; for the second
ward—H. L. Simpson, W. N. Brown, P. J. Henderson, Jo-
seph Cawood and J. T. Armstrong; for the third ward—J.
EK. McGraw, P. G. Uhler, R. L. Brockett, Dr. French and J.
H. Parrott; for the fourth ward—H. 8. Martin, C. C. Brad-
ley, W. W. Harper, A. J. Fleming and W. H. McKnight,
are hereby appointed commissioners, under whose s.perin-
tendence, or unde~ the superintendence of two or ore of
them in each ward, respectively, on the eighth day of Feb-
ruary, eighteen hundred and sixty-six, a poll shall be opened
and held, to take the sense of the voters’ qualified, under the
provisions of this act, to vote for members to serve in the
city council, and all officers of the corporation elective by the
people, upon the question whether this act shall be ratified or
rejected. The said poll shall contain two columns, and shall
be headed thus: “Shall the act to amend the charter, passed
by the general assembly of Virginia on the day of ;
be ratified or rejected ?”
FOR ITS RATIFICATION. | FOR ITS REJECTION.
And the said commissioners, or two or more as aforesaid,
from each ward, shall, on the next day, meet at the council
chamber, and then and there add and compare the votes
siven for the ratification and rejection of this act; and shall
make out a certificate of the result, and cause the same to be
delivered to the clerk of the common council, who shall cause
it to be recorded in'their book of proceedings; and the said
commissioners shall make out a duplicate of the said certifi»
caie, and cause it to be delivered to the mayor, who shall
immediately make known the result of the said vote by his
roclamation. If a majority of those voting have voted for
its ratification, then this act shall be in force from and after
the sixth day of March, one thousand eight hundred and
sixty-six; but if a majority have voted for its rejection, then
this act shall not take effect; and the said persons hereinbefore
named as commissioners to, take the vote of the citizens on
the eighth day of February, eighteen hundred and sixty-six,
are hereby appointed commissioners to hold the election for
mayor, members of the board of aldermen and common
council, and officers of the corporation, on the first Tuesday
of March, eighteen hundred and sixty-six.
27. Be it further enacted, That at the time and places,
under the same notice, and by the same commissioners herein-
before mentioned, to hold an election for the ratification or
rejection of this charter, a separate poll shall be also taken of
the voters qualified as before mentioned, whether the follow-
ing officers, to wit, a gauger of casks, ins»ector of domestic
spirits, inspector and measurer of wood, bark and of lumber,
superintendent of police, collector or collectors of taxes,
attorney for the corporation, assessors, clerk of the market
and auditor of public accounts, city surveyor, chief engineer
of the fire department, and superintendent of gas, shall be
elected by the city council of Alexandria, or by the voters of
the city; and in order that the same shall be properly effected,
the said poll shall contain two columns, and shall be headed
thus:
FOR ELE CTION BY THE COUNCIT.. cr. | Po FOR ELECTION BY THE VOTERS,
And the said commissioners, or any two or more from each
ward, shall, on the next day ‘thereatter, mect at the council
chamber, and then and there add and compare the votes given
for the election by the council and election by the voters;
and shall make out a certiticate of the result, and cause the
same to be delivered to the clerk of the common council,
who shall cause it to be recorded in their book of proceed-
ings; and the said commissioners shall make out a duplicate
of said certificate, and cause it to be delivered to the mayor,
who shall immediately make known the result of said vote
by his proclamation. If a majoriy of those voting shall have
voted for “the election by the council,” then this charter shall
be amended in this regard, so that the elections shall here-
after be made of the officers so indicated, by the city council
of Alexandria, and shall be in force trom and after the sixth
day of March, eighteen hundred and sixty- -six. If a majority
shall vote “for election by the voters,” then this charter, if
adopted, shall not be so amended.
28. All acts and parts of acts, coming within the purview
ef this act, shall be and are hereby repealed : provided, that
the mayor ‘and common council of Alexandria shall and may
remain and continue as such until the first Tuesday in March,
one thousand eight hundred and sixty-six.
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