Chap. 64.—An ACT to incorporate the city of Newport News, in the county of
Warwick, and to provide a charter therefor.

Approved January 16, 1896.

1. Be it enacted by the general assembly of Virginia, That the
territory contained within the following limits, namely: Beginning
at a point at low-water mark on James river, where the centre line
of Fiftieth street produced intersects the same; thence eastward
along the centre line of said Fiftieth street to the west boundary
line of the right of way of the-Chesapeake and Ohio railway com-
pany; thence following the said right of way southward to the centre
of Thirty-sixth street; thence eastward along said centre of Thirty-
sixth street to the intersection of the centre line of Madison avenue ;
thence along said centre of Madison avenue to the centre of Thirty-
second street; thence along said centre of Thirty-second street east-
ward to the boundary line between the counties of Elizabeth City
and Warwick; thence with said county line southward to the inter-
section of the centre line of Twentieth street; thence along said
centre of Twentieth street westward to the east side of the present
right of way of the Chesapeake and Ohio railway company, being
three hundred feet west of Warwick avenue; thence along said east
side of the right of way of the Chesapeake and Ohio railway com-
pany toa point in line with the southeast boundary line of George
B. West’s property produced in a northeasterly direction; thence in
a southwesterly direction along the said line of G. B. West produced
and with said G. B. West to the low-water mark of James river;
thence along said low-water mark of James river to the point
of beginning, in accordance with the map of the city of New-
port News, made by W. A. Post, civil engineer: all of said terri-
tory being in the county of Warwick, shall be deemed and taken as
the city of Newport News, and said boundaries shall be construed to
embrace all wharves, docks and other structures of every description
that have been or may hereafter be erected along said water front;
and the inhabitants of the city of Newport News for all purposes for
which towns and cities are incorporated in this commonwealth shall
continue to be one body politic in fact and in name under the de-
nomination of the city of Newport News, and as such shall have,
exercise and enjoy all the rights, immunities, powers and privileges
conferred upon cities by law; be subject to all the laws now in force
and all that hereafter may be enacted for the government of cities
of five thousand or more inhabitants, and be subject to all duties
and obligations now incumbent upon and pertaining to said city as
municipal corporation.

2. The said city of Newport News shall be divided into seven
wards, as follows:

First ward.—Beginning at a point at low-water mark on James
river and in line with George B. West’s southeasterly boundary line ;
thence with West’s southeastern boundary produced to a point in
line with the east side of the right of way of the Chesapeake and
Ohio railway company; thence along said right of way, being three
hundred feet distant from Warwick avenue, to the centre line of
Twenty-fourth street; thence along said centre line of said Twenty-
fourth street to low-water mark on James river; thence along said
low-water mark to the point of beginning.

Second ward.—Beginning at the intersection of the eastern side
ofthe right of way of the Chesapeake and Ohio railway compauy
with the centre of Twenty-fourth street; thence along the centre line
of said Twenty-fourth street to its intersection with the centre line
of Marshall avenue; thence with the centre of said Marshall ave-
nue to its intersection with the centre line of Twentieth street;
thence along the centre of said Twentieth street to the eastern side
of the right of way of the Chesapeake and Ohio railway company ;
thence along said right of way to the point of beginning.

Third ward.—Beginning at the intersection of the centre line of
Marshall‘avenue with the centre line of Thirty-second street; thence
along the centre of Thirty-second street to the county line of Eliza-
beth City and Warwick counties; thence southward along said line
to the centre of Twentieth street produced; thence along said cen-
tre of Twentieth street to the centre of Marshall avenue; thence with
said centre of Marshall avenue to the point of beginning.

Fourth ward.—Beginning with the centre line of Twenty-seventh
street, where it intersects the centre line of Marshall avenue ; thence
along said line of Marshall avenue to the centre of Twenty-fourth
street; thence with the centre of Twenty-fourth street to low-water
mark on James river; thence along said low-water mark to the cen-
tre of Twenty-seventh street produced; thence with the centre line
of Twenty-seventh street to the point of beginning.

Fifth ward.—Beginning at the intersection of the centre line of
Thirty-first street with the western side of the right of way of the
Chesapeake and Ohio railway company; thence along said right of
way to the centre of Twenty-seventh street; thence with the centre
of said Twenty-seventh street to low-water mark on the James river ;
thence along said low-water mark to the centre of Thirty-first street
produced; thence with the centre line of the said Thirty-first street
to the point of beginning.

Sixth ward.—Beginning at low-water mark on the James river in
line with the centre of Thirty-sixth street produced; thence along
the centre to said Thirty-sixth street to the centre of Washington
avenue; thence with the centre of Washington avenue to the centre
of Thirty-seventh street; thence with the centre of said Thirty-sev-
enth street to the western side of the right of way of the Chesapeake
and Ohio railway company; thence along said right of way to the
centre of Thirty-sixth street; thence along the centre of said Thirty-
sixth street to the centre of Madison avenue: thence along said cen-
tre of Madison avenue to the centre of Thirty-second street; thence
along the centre of Thirty-second street to the centre of Marshall
avenue; thence with said centre of Marshall avenue to the centre of
Twenty-seventh street; thence with the centre of Twenty-seventh
street tothe west side of the right of way of the Chesapeake and
Ohio railway company; thence along said west side of the right of
way of the Chesapeake and Ohio railway company; thence alon;
said west side of said right of way to the centre of Thirty-first street
thence with the said centre of Thirty-first street to low-water marl
on the James river; thence along said low-water mark to the poin'
of beginning.

Seventh ward.—Beginning at low-water mark on the James rive!
at the centre of Fiftieth street produced; thence along said cen.
tre of Fiftieth street to the western side of the right of way
of the Chesapeake and Ohio railway company; thence along the
said right of way to the centre of Thirty-seventh street; thence witk
the centre of said Thirty-seventh street to the centre of Washingtor
avenue; thence with the centre of the said Washington avenue to the
centre of Thirty-sixth street; thence with the said centre of Thirty.
sixth street to low-water mark on the James river; thence along said
low-water mark to the point of beginning.

3. The following-named officers are hereby appointed to fill the
following offices until the first day of July, eighteen hundred and
ninety-six, and until their successors are duly elected and qualified,
namely: W. A. Post, mayor; E. W. Milstead, sergeant; J. K. M.
Newton, commonwealth’s attorney; William P. Ballard, commis-
sioner of the revenue; James M. Curtis, treasurer; D. G. Smith,
clerk; R.§S. Shield, constable.

First ward.—Claude L. Barham and George W. Burcher, council,
and W. E. Barrett, justice of the peace.

Second ward.—F. C. Lenz and Joseph Banks, council, and J. M.
Griffin, justice of the peace.

Third ward.—Carter Perkins and L. Sumpter Davis, council, and
C. R. Hoskins, justice of the peace.

Fourth ward.—D. S. Jones and George Via, council, and J. D. G.
Brown, justice of the peace.

Fifth ward—J. A. Willett and E. W. Robinson, council, and Har-
ris L. Moss, justice of the peace. .

Sixth ward—James F. Hughes and J. J. O’Donnell, council, and
M. B. Herman, justice of the peace.

Seventh ward.—James Dougherty and Mark McLaughlin, council,
and James Maloney, justice of the peace.

Said persons are to take the oaths of office and enter upon the dis-
charge of the duties of their respective offices as soon as practicable
after the passage of this act; and they are hereby clothed with all
the powers and shall be subject to all the provisions appertaining to
their respective offices herein prescribed.

4, The mayor and all other municipal officers of said city, before
entering upon the duties of their respective offices, shall be sworn in
accordance with the laws of the state by any one authorized to ad-
minister oaths under the laws of the state. If any person elected or
appointed to any office,in said city shall neglect to take such oath
before the day on which he is to enter upon the discharge of the’
duties of his office, or shal] for twenty days after the beginning of
his term of office fail to give such securities as may be required of
him by the council, he shall be considered as having declined said
office, and the same shall be declared vacant, and such vacancy shall

‘lled as prescribed in section fourteen of this act.
5. The administration and government of said city shall be vested
in one principal officer, to be styled the mayor, and in one body, to
be called the common council of the city of Newport News, and in
such other bodies and officers as are hereinafter provided for.

6. The municipal officers of said city shall consist of a mayor and
fourteen common councilmen (and the said councilmen shall serve
without compensation), a city clerk, a police justice, a treasurer, an
auditor, a clerk of the hustings court, a sergeant, a commissioner of
revenue, one justice of the peace for each ward, one constable, acom-
monwealth’s attorney, and a city engineer.

7. The mayor, sergeant, commonwealth’s attorney, justices of the
peace, and constable shall be elected by the qualified voters of the
city on the fourth Thursday in May, eighteen hundred and ninety-
six, and every two years thereafter; the treasurer shall be elected by
the qualified voters of the city on the fourth Thursday in May,
eighteen hundred and ninety-six, and every three years thereafter ;
the clerk of the hustings court shall be elected by the qualified voters
of the city on the fourth Thursday in May, eighteen hundred and
ninety-six, and every six years thereafter; the commissioner of the
revenue shall be elected by the qualified voters of the city, on the
fourth Thursday in May, eighteen hundred and ninety-six, and every
four years thereafter.

8. At the general election to be held on the fourth Thursday in
May, eighteen hundred and ninety-six, there shall be elected seven
councilmen, whose term of office shall expire on the thirtieth day of
June, eighteen hundred and ninety-seven; also, seven councilmen
whose term of office shall expire on the thirtieth day of June, eigh-
teen hundred and ninety-eight; and thereafter seven councilmen
shall be elected each year at the said general election, whose term of
office shall be two years. The councilmen so elected under this act
shall be elected by the qualified voters of the said city of Newport
News, each ward to elect its own councilmen, and to be represented
in the council by an equal number.

9. The election of all the foregoing officers shall be held under and
pursuant to the general laws of the state.

10. The term of office of said officers shall begin on the first day
of July succeeding their election.

11. The common council shall elect a city engineer, acity auditor,
a police justice, a city clerk, a health officer, all of whom shall hold
office for two years; and the common council may appoint where not
otherwise provided, such officers as are prescribed by this charter;
but no offices not specially provided by this charter shall be created
except by a vote of three-fourths of the members of the council.

12. The term of office of those officers mentioned in the preceding
section, and all other officers elected by the council, shall begin on
the first day of August succeeding their election.

13. No person shal! be eligible to any municipal office in said city
unless he is a qualified voter thereof, nor shall any person be capa-
ble of holding at the same time more than one of the offices men-
tioned in this act to be elected by the people; and removal from the
city of any one holding a municipal office shall vacate said office.
14, The officers elected by the council may be removed from office
for cause after a proper investigation and hearing. In case of any
vacancy occurring in any municipal office, where it is not herein
otherwise provided, the said council shall appoint a qualified person
to fill said office during the unexpired term.

15. The council shall grant and provide for the payment of all

city officers, clerks and assistants elected or appointed in pursuance
of this act such salaries or compensation as shall be fixed by this
act, or, where no compensation is fixed by this act, such as the said
council may from time to time deem just and proper.
. 16. Any person holding a municipal office and vacating the same
on account of removal or otherwise shall deliver over to his successors
in office, or to the city clerk, all property, books and papers belong-
ing to the city or appertaining to such office, which may be in his
possession or under his control; and in case of his failure to do so
within ten days after he shall have vacated the office, or within such
time thereafter as the council shall elect, and upon notification or
request of the city clerk, he shall forfeit and pay to the said city the
sum of five hundred dollars, to be recovered under provisions of
chapter thirty-one of the code of eighteen hundred and eighty-seven,
with costs; and all books, records and documents used in such office
by virtue of any provision of this act, or of any ordinance or resolu-
tion of the council, or by order of any superior officer of said city,
shall be deemed the property of said city and as appertaining to
said office, and the incumbent of said office and his sureties shall be
responsible therefor.

17. All officers provided for in this act and all officers appointed
by the council shall, before entering upon the discharge of their du-
ties, execute bond, payable to the city of Newport News, in such
penalty as said council may prescribe, conditioned for the faithful
discharge of their respective duties ; all sureties to be residents of the
state of Virginia, or well known and responsible surety companies,
as the council may elect: provided that the provisions of this sec-
tion shall not apply tg the councilmen, the mayor, commonwealth’s
attorney, justices of the peace, overseers of the poor, and the city
physician and board of health.

18. The council shall elect annually one of its members as presi-
dent, and when, from any cause, he shall be absent, it shall elect a
president pro tempore.

19. The president shall have power to call special meetings of the
council, and, in case of his absence or refusal, the council may be
convened by order of the clerk upon the request of any five mem-
bers in writing; but no special meeting shall be convened until rea-
sonable notice has been served upon each member of the council in
person, or by leaving a copy of the same at his usual place of abode.

20. The council shall fix by ordinance the time for holding its
stated meetings, and no business shall be transacted at a special
meeting except that for which it shall have been called.

21. The council shall have authority to adopt such rules andto
appoint such officers, committees and clerks as it may deem proper
or the regulation of its proceedings and the convenient transaction
of its business; to compel the attendance of absent members; to
punish its members for disorderly behavior; and, by a vote of three-
fourths of its members, to expel a member for malfeasance or mis-
feasance in office, or gross neglect of official duty. It shall keep a
journal, in which the clerk shall record the proceedings of each ses-
sion, and the same shall be properly indexed. All resolutions and
ordinances shall be recorded in a book to be called the ordinance
book, which shall be properly indexed.

22. The meetings of the council shall be open tothe public. A
majority of the members shall constitute a quorum for the transac-
tion of business, but no ordinance shall be passed, and no resolution
adopted having for its object the appropriation of money, except by
B concurrence of a majority of all the council. No vote taken ata
stated meeting shall be considered at a special meeting, unless there
be at least ten members present and eight concur therein.

23. If any member of said council shall be absent from its meet-
ings voluntarily for three consecutive months, his seat shall be
deemed vacant, and the unexpired term of his office shall be filled
according to law; but no member of the council shall be removed
without first having received reasonable notice of the action about
to be taken.

24. The council shall have, subject to the provisions of this act,
the control of the fiscal and municipal affairs of said city, and all
property, real and personal, belonging to said city, and may make
such ordinances and by-laws relative to the same as it may deem
proper; and it shall likewise have the power to make such ordi-
nances, orders, by-laws and regulations as it may deem necessary to
carry out the following powers, which are hereby vested in it.

25. To establish a market or markets in and for said city, and to
appoint necessary officers therefor; to prescribe the time and place
for holding the same ; and to provide suitable buildings and grounds
therefor, and to enforce such regulations as shall be necessary and
proper to prevent huckstering, forestalling and regrating; and to
direct and provide for a census or enumeratign of the population of
the city at such time or times as it may deem expedient.

26. To erect and provide, in or near the city, suitable workhouses,
houses of correction and reformation and houses for the reception
and maintenance of the poor and destitute; and it shall possess and
exercise authority over all beneficiaries of the poor law, or over those
who may be entitled to benefits thereunder; to appoint necessary
officers or other persons necessary to be connected with the aforesaid
institutions, and to regulate pauperism within the limits of said
city; and the council, through the agency 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.

27. To acquire or erect and keep in order all public buildings
necessary and proper for said city; to erect and provide within the
city a city prison; and said prison shall contain such apartmentsas
shall be necessary for the safe-keeping of all persons confined
therein.

28. To establish, enlarge or acquire water-works, electric-light or
gas-works within or without the limits of the said city; to contract
for the use of water and lights for city purposes, and to agree with
the owners of any land for the use and purchase thereof or to have
the same condemned according to law, for the location, extension,
enlargement or improvement of said works, the pipes connected
therewith, or any fixtures or appurtenances thereof; and shall have
the power to protect from injury, by ordinance prescribing adequate
penalties, the said works, pipes, fixtures and lands, or anything con-
nected therewith, or works, fixtures and appurtenances of water,
electric light and gas companies established under its authority or
now existing, whether within or without the limits of said city; pro-
vided that the council shall in no way, by the exercise of the right
of eminent domain conferred by this aet, interfere with the rights,
property or franchises of any chartered company now existing.

29. To open, to close, to improve, to widen or narrow streets, ave-
nues and alleys, and have them kept in good order and properly
lighted; to make sidewalks; to build bridges, culverts, and to build
or acquire sewers within the said city, or to cause to be graded, paved
or macadamized any public street, avenue or alley, or any part there-
of, which is now or may hereafter be laid out or opened within the
boundaries of said city, and to have the same set with curb-stones ;
and shall have the power to provide for the payment of such im-
provements out of the general revenue, or by assessment on the real
estate benefited thereby; the proportion of the cost to be paid by
each to be determined by the council as in its judgment shall seem
expedient, subject to the limitations hereinafter prescribed; and
over any street or alley in the city, which may be ceded, dedicated
or conveyed to the city, it shall have like power and authority as
over other streets and alleys. It may prevent the building of or re-
move any unlawful structure, obstruction or encroachment, upon
over or under any street, sidewalk or alley in said city; and may
permit shade trees to be planted slong said streets; but no company
and no individual shall occupy with its or his works, or with any
appurtenances thereof, the streets, sidewalks or alleys in the city,
without the consent of the council, regularly granted by resolution
or ordinance, or unless otherwise authorized by law so to do.

30. To prevent the unlawful cumbering of streets, sidewalks, alleys,
lanes, or bridges in the city in any manner whatever. -

31. To determine and to designate the route and grade of any rail-
road to be hereafter laid in said city; to restrain and regulate the
rate of speed of locomotive engines and of cars upon railroads in
said city; to grant franchises to railroads and other corporations
through, along, and under the streets of said city, upon such condi-
tions as the council may determine; and to require the establish-
ment of all necessary railroad crossings within said city, subject,
however, to the following conditions, limitations, and provisions, to
wit: That for and during the period of six years from the date of
this charter not exceeding three crossings shall be established across
and over the tracks and road-bed of the Chesapeake and Ohio rail-
way company in said city, to be located respectively at the intersec-
tion of the said railroad with Twenty-fifth, Twenty-eighth, and Thir-
ty-fourth streets, and that all of said crossings at any time estab-
lished and constructed after the passage of this charter shall be over-
head crossings of not Jess than twenty-one feet in height from the
level of said tracks; and the expense of establishing and construct-
ing all crossings over said tracks and road-bed shall be burne equally
by the said Chesapeake and Ohio railway company and by the said
city; provided, however, that the exieting crossing at Twenty-eighth
street may be continued as a grade crossing until such time as the
council of said city shall require the same to be constructed as an
overhead crossing.

32. To make provisions for and to regulate the weighing of hay,
fodder, oats, shucks, or other long forage.

It may also provide for the measuring of oats, corn, grain, coal,
stone, wood, lumber, boards, potatoes, and other articles for sale or
barter.

33. To require every merchant, retailer, trader, and dealer of mer-
chandise, or property of any description, which is sold by weight or
measure, to cause his weights or measures to be sealed by the city
sealer, and to be subject to his inspection; and it may impose pen-
alties for any violation of such ordinance.

34. To secure its inhabitants from contagious, infectious, or other
dangerous diseases; to‘establish, to erect, and to regulate hospitals ;
to provide for and to enforce the removal of patients to the hospital
or hospitals established by the city, or to a private hospital or hos.
pitals; to appoint and organize a board of health for said city, anc
to clothe it with authority necessary for the prompt and efficient
performance of its duties.

35. To require and to compel the abatement or removal of all nui.
sances within said city at the expense of the person or persons
causing the same, or of the owner or owners of the grounds whereor
the same may be, and to collect said expense by a suit or motion:
to prevent and to regulate slaughter-houses, soap and candle-facto
ries within said city, or to restrain the exercise of any dangerous
offensive or unwholesome business, trade om employment therein
and to regulate the transportation of coal and other articles throug
the streets of said city.

36. If any ground in said city be commonly covered with stagnan
water, or if the owner or owners, occupier or occupiers, thereof shal
permit any offensive or unwholesome substance to remain or accu.
mulate therein, after reasonable notice to said owner or owners.
occupier or occupiers, the council, if such owner or owners, occupie:
or occupiers, shall fail so to do within a reasonable time, may caus
such grounds to be filled, raised or drained, or may cause suck
substance to be covered or to be removed therefrom, and may col.
lect the expense for so doing from the owner or owners, occupie:
or occupiers, or any of them (except in cases where such nuisance 1
caused by the action of the city authorities or their agents, in whick
case the city shall pay the expense of abating the same), by distres:
and sale in the same manner in whch taxes levied upon the rea
estate for the benefit of the city are authorized to be collected, or by
suit or motion; provided that reasonable demand shall first he: —
upon the owner OF OWNETS, OF N18 OF Her OFr tnelr agent or agents. in

case of non resident owners, who have no agent in said city, such ©
notice and emand may be given and made by publication for not
less than ten days in any newspaper published in said city, all ex-
penses of said publication to be paid by the owner or occupier as
above. The occupier of said premises shall only be compelled to
pay for the same an amount not exceeding the amount due by him
for rent, and he shall have the right to offset any amount he may
have so paid against the rent due the owner of the premises.

37. To direct the location of all buildings for storing gunpowder
and other combustible and explosive substances, and to regulate
the same and use of gunpowder, fire-crackers, or fire-works manufac-
tured or prepared therefrom, kerosene oil, nitro-glycerine, camphene,
burning fluid, or any other combustible material; to regulate the
exhibition of fire-works, the discharge of fire-arms, ‘the use of lights
and candles in barns, stables and other out buildings, and to restrain
the making of bonfires in streets and yards.

38. To prevent hogs, dogs and other animals from running at large
within said city, and to subject the same to confiscation, regulations
and taxes, as it may deem proper.

39. To prevent the riding and driving of horses and other animals
at any improper speed; throwing stones or engaging in any employ-
ment or sport on the street, sidewalks or public alleys, dangerous or
annoying to passengers, and to prohibit and punish the abuse and
cruel treatment of horses and other animals in said city.

40. To restrain and punish drunkards, vagrants and street beg-
gars; to prevent vice and immorality; to preserve the peace and good
order; to prevent and quell riots, disturbances and disorderly as-
semblages ; to suppress houses of ill-fame and gambling houses; to
prevent and punish lewd, indecent and disorderly exhibitions in
said city, and to expel from the said city persons guilty of such con-
duct who have not resided therein as much as one year.

41. To prevent, forbid and punish the selling or giving away of
liquors and intoxicatifig drinks to be drunk in any public place not
duly licensed, and the selling or giving to be drunk any intoxicating
drinks or liquors to any child or minor, and the selling or giving
away of cigarettes to any minor under sixteen years of age; and for
any violation of any such ordinance it may impose fines in addition
to those prescribed by the laws of the state.

42. To prevent the coming into the city of persons having nO O8-
tensible means of support, and of persons who may be dangerous to
the peace and safety of the city.

43. To prescribe the limits within which no buildings shall be
constructed, except of brick, stone or other incombustible material,
with fire-proof roof, and to impose a penalty for a violation of any
such ordinance; and to appoint one or more persons to inspect
buildings, and condemn such as are unsound or unsafe.

44. The common council is empowered to hold such lands as may
have already been acquired by the city of Newport News, to be used
as a place for the burial of the dead, and to acquire, by purchase or
otherwise, such additional lands as may be necessary for that pur-
pose. The said council shall also have power to prescribe and en-
force all needful rules and regulations, not inconsistent with the
laws of the state, for the use, protection and preservation of the
cemetery or cemeteries; to set aside, in its discretion, by metes and
bounds, a portion thereof for the interment of strangers and indi-
gent poor; to divide the remainder into burial lots, and to sell or to
lease the same, and to direct and provide for the execution of all
proper deeds and other writings in evidence of such sale or lease, and
to prescribe what class or condition of persons shall be admitted to
interment in the cemetery or cemeteries; and when established or
enclosed, with the property included in it or them, shall be exempt
from all state, county and municipal taxation.

45. Where, by the provision of this act, the council has the au-
thority to pass ordinances on any subject, it may prescribe any pen-
alty not exceeding five hundred dollars for the violation thereof,
and may provide that the offender, on failing to pay the penalty
imposed, shall be imprisoned in the jail of the city for a term not
exceeding ninety days, which penalties may be prosecuted and re-
covered, with costs, in the name of the city of Newport News, or may
compel them to work on the streets or other public improvements of
said city. The accused, if convicted, shall have the right of appeal
to the hustings court of said city.

46. The council shall not take any private property for public pur-
poses without making the owner thereof just compensation for the
same; and when the council cannot, by agreement with the owner,
obtain the title to or the use of such property for such purposes, it
shall be lawful for the said council to institute and prosecute pro-
ceedings for the condemnation thereof according to law.

47. In every case where a street in said city has been or may be
encroached upon by any fence, building or otherwise, the council
may require the owner (if known, or if unknown, the occupant of
the premises encroaching) to remove the same, and if the removal
be not made within the time prescribed by the council, it may im-
pose a penalty of five dollars a day for each and every day it is
allowed to continue thereafter, and may cause the encroachment to
be removed, and may collect from the owner all reasonable charges
therefor, with costs, by the same process by which it is hereinafter
empowered to collect taxes, or by suit or motion; and whatever
amount the occupant or tenant may have to pay therefor, for the
said amount he shall have a valid and lawful offset against the rent
due or to become due to his landlord.

48. Whenever any street or lane in said city shall have been
opened to and used by the public for a period of five years, the
council may declare the same a street, lane or alley for public pur-
poses, and the council shall have the same jurisdiction over and
rights and interests therein as it has over the streets, alleys and
lanes laid out by it; and any street or alley reserved in the division
or subdivision into lots of any portion of the territory within the
corporate limits of said city by a plan or plat or record which may
be filed in the clerk’s office of the corporation court of the city of
Newport News, shall be deemed held to be dedicated to the public
use, unless it appears by said record that the said street or alley so
reserved is designated for private use. But upon petition of a ma-
jority of the persons interested therein the council shall have the
power to open the same for the use of the public, and a map thereof
shall be filed with the city engineer in case the same is opened
for the public.

49. Whenever any new street may be laid out, or when any street may
be paved or graded, culverts or sewers built, or any public improve-
ment whatsoever made, the council shall determine what portion, if
any, of the cost thereof shall be paid out of the treasury, and what
portion, if any, not exceeding fifty per centum of the cost thereof,
shall be paid by the owners of the real estate benefited thereby; and
for whatever amount the council shall decide shall be paid by the
owners of the real estate bounding and abutting on said streets, or
benefited by any such improvement, an assessment shall be levied by
the council by the front foot bounding and abutting or benefited as
aforesaid; or where such manner of assessment is not just and
equitable to the public or the lot owners, then the council may pre-
scribe some other just and equitable method of assessment; and the
council shall prescribe the time and manner in which the said assess-
ment shall be payable, and when levied it shall he a lien on the pro-
perty against which it is assessed from the date of such assessment ;
but no such assessment on abutting property shall be made until a
plan of such improvement shall have been made by the city engi-
neer, with an estimate of the cost and the amount to be paid by each
abutting owner, such plan and estimate to be filed in the clerk’s
office of the common council and a hearing given to said abutting
owners before said council or committee thereof, after notice; pro-
vided that in the construction of proposed sidewalks or repairs to
the same, the council shall first require the abutting owners to con-
struct said improvements according to plans and specifications
adopted by the council, in which case notice in writing shall be
served upon abutting owners to make said improvements or repairs
as aforesaid within a reasonable time; and in case any of them fail
to comply with the terms of said notice, then the council shall pro-
ceed to construct said sidewalks or make said repairs, and levy an
assessment against the abutting property for the actual cost thereof ;
and said assessment shall be a lien upon the abutting property, as
other assessments levied under provisions of this section. But no
owner of abutting property, located in wards numbers three, six and
seven, shall be required to pave the sidewalks adjacent to his pro-
perty until the streets along said property shall have been by thecitv
opened, graded, guttered and curbed, including the sidewalks; and
where any property in the city corners on two streets the property
owner shall pave the sidewalks along his depth one-half the distance
at his cost, and the city shall pave the other half at its cost.

50. The council may, by ordinance, make such regulations, not
inconsistent with law, as it may deem expedient in relation to the
erection of buildings, or the alteration of the same; and may regu-
late the building, construction, management, and inspection of ele-
vators, hoistways, elevator-shafts, and plumbing, steam, gas, and

‘ectric fitting of-buildings in said city.
ACTS Of ASSEMBLY. 5)

51.The council may, by ordinance, make such regulations in rela-
tion to the construction of all wagons, carts, carriages, trucks, sleighs,
sleds, and other vehicles, or any part thereof, and their loads, pass-
ing over highways and public places of said city, as it may deem
necessary for the public good.

52. The council shall enact stringent and efficient laws for securing
the safety of persons from fires in halls and buildings used for pub-
lic assemblies, entertainments, and amusements.

53. In the building of any sewers through the streets or alleys of
said city, the council shall have the authority to contract with the
adjacent property-owners for the temporary use of the adjacent pro-
perty, and pay adequate compensation therefor; and in case the
compensation cannot be agreed upon, the temporary use of such pro-
perty may be had by proceedings similar to those employed in the
condemnation of the freehold under the general laws of the state.

d4. The council shall have authority to make such ordinances, by-
laws, rules, regulations, and resolutions, not inconsistent with the
laws of the state or the provisions of this act, as may be expedient,
in addition to the special powers herein granted, for maintaining the
the good government and welfare of the city and its trade, com-
merce, and manufactures, and to enforce by ordinance and to inflict
penalties for a violation thereof not exceeding one hundred dollars.

55. Every ordinance or resolution partaking of the nature of an
ordinance which shall have been passed by the council shall, before
it becomes a law, be presented to the mayor; if he approve, he shall
sign it and return the same to the city clerk. In case of his disap-
proval, he shall return the same to the council, with his reasons
therefor in writing, and the council shall have the right to pass such
ordinance or resolution over his veto by a vote of two-thirds of the
members of the council. In case the mayor fails to either approve
or disapprove an ordinance, or to return the same to the clerk within
ten days after it has been presented to him, it shall become a law.

56. Mayor.—It shall be the duty of the mayor to enforce the laws
and ordinances of the city and all orders and resolutions of the coun-
cil. He shall! see that the duties of the various officers are faithfully
performed. He shall have the power to investigate their acts, and
have access to all books and documents in their offices, and may
examine them and their subordinates on oath. He shall also have
power to remove or suspend any municipal officer, whether elected
or appointed, for misconduct in office or neglect of duty, to be speci-
fied in the order of suspension or removal; but no such removal
shall be made without reasonable notice to the officer complained of,
and an opportunity afforded him to be on heard in his defence.

57. In case of the absence or inability of the mayor, the president
of the council, or, in his absence or inability, some other member
designated by the council, shall act as mayor, and shall possess the
same powers and discharge the same duties as are possessed and
discharged by the mayor during such absence or inability.

58. It shall be his duty to communicate to the council at the end
of each fiscal month a general statement of the condition of the city
in relation to its government, finances and improvements, with such
recommendations as he may deem proper.
59. In case a vacancy shall occur in the office of mayor the presi-
dent of the council shall fill the vacancy for the unexpired term,
and the vacancy thus caused in the council shall be filled according

o law.

60. The mayor of said city shall be removed upon information or
presentment by the hustings court for the city of Newport News
upon proof of malfeasance or misfeasance in office.

61. The mayor shall receive such salary as shall be fixed by the
said council, not exceeding six hundred dollars per annum, and he
shall receive no other compensation or emoluments whatever; and
his salary shall not be diminished during his term of office.

62. The police department of the city of Newport News shall be
under the general control and management of the police commis-
sioners, who shall consist of three discreet citizens, qualified voters,
who shall be appointed by the mayor and confirmed by the council
as soon as may be after the passage of this act, who shall constitute
a board of police commissioners for said city. Any two of said
commissioners shall constitute a quorum for the transaction of busi-
ness. One of the said commissioners shall serve until July first,
eighteen hundred and ninety-six; one until July first, eighteen
hundred and ninety-seven, and one until July first, eighteen hun-
dred and ninety-eight; and upon the expiration of each of these
terms the said mayor shall appoint their successors for terms of three
years each, which appointments shall be confirmed by the council.
Said board may adopt a uniform for the police, and may also estab-
lish, promulgate and enforce proper rules, regulations and orders for
the government and discipline of said police force; and the said
board shall have the power to compel the production of papers and
the attendance of witnesses by the issue of the proper process there-
for: provided that such rules, regulations and orders shall not in
any way conflict with any ordinance of the city council or any of
the provisions of this act or the constitution and laws of this state
or of the United States; nor shall the said board make any expendi-
ture or incur any expense without consent of the city council. As
soon as the said commissioners shall have entered upon the dis-
charge of their duties, and appointments of chief of police and
such other officers and policemen as are authorized by the ordinance
of the city or resolutions of the city council are made, and the said
chief of police and officers and policemen so appointed shall have
qualified as aforesaid, then all the policemen who shall be in service
previous thereto, as well as the chief of police, and such other off-
cers of the police as there may be, shall immediately vacate their
respective offices, unless re-appointed as hereinbefore provided.
For the purpose of enabling it to execute its duties and powers,
each member of the police force is hereby made and constituted a
conservator of the peace, and endowed with all the powers of a
constable in criminal cases, and all other powers which, under the
laws of the city, may be necessary to enable him to discharge the
duties of his office. The pay of all policemen shall be prescribed by
the council; said commissioners shall serve without compensation.

63. Police justice.—The police justice shall possess all the juris-
diction and exercise all the power and authority in criminal cases of
a justice of the peace for said city; but he shall receive no fees for
services as such police justice. He shall also try all violations of
the city ordinances and inflict such punishment as may be pre-
scribed for a violation of the same. He shall keep his office and
court at the place prescribed by the council daily, except Sundays,
and if from any cause he shall be unable to act the mayor shall ap-
point one of the justices of the peace of said city to discharge the
duties of the police justice prescribed herein, during such inability,
and who shall be paid for such service by the police justice at the
same rate per diem as such police justice receives. From any deci-
sion of the police justice affecting the legality or validity of any
ordinance passed by the council the city shall have the right to an
appeal to the hustings court of said city.

64. The police justice shall keep a regular account of all fines,
forfeitures and costs imposed or arising in the administration of his
ofice, which he shall report weekly to the auditor. The chief of
police shall collect such fines, forfeitures and costs, and report the
same weekly to the auditor, and pay the same weekly to the treasurer.

65. The police justice shall receive such salary as shall be fixed
by the council, not exceeding one thousand dollars per annum, and
he shall receive no other compensation or emoluments whatever and
his salary shall not be diminished during his term of office.

66. Treasurer.—The city treasurer shall receive all the money be-
longing to the city, and shall keep his books and accounts in such
manner as the council may prescribe, and such books and accounts
shall be subjected to the inspection of the mayor or any committee
of the council authorized to examine the same.

67. No money sball be paid out except upon warrants of the audi-
tor. All money to be paid out to the treasurer of the city, except
taxes and other assessments, as the council may ordain, shall be paid
by the person liable to pay the same, or his agent, to the treasurer in
the following manner: A warrant shall first be obtained from the
auditor, directed to the treasurer to receive the sum paid, specifying
on what account the payment is made. Upon payment of the money
to the treasurer he shall give a receipt for the same in duplicate,
which receipt shall be carried to the auditor, who shall endorse on
the original receipt the fact that a duplicate thereof has been filed
in his office, and deliver the same to the person entitled thereto, and
shall file the duplicate in his office; and no payment made to the
treasurer, unless this requirement is complied with, shall be an ac-
quittance of any claim on the part of the city.

68. The treasurer shall also report to the city auditor at the end of
each fiscal year, and more frequently if required, a full and detailed
account of all receipts and expenditures during the fiscal year in the
city treasury. He shall keep a register of all warrants of every sort,
the number, and the person to whom paid, specifying also the time
of payment ;: and all such warrants shall be examined by the com-
mittee of finance, who shall examine and compare the same with the
books of the auditor at the end of each fiscal year, and report its
findings to the council. .
G9. The treasurer shall collect and receive all taxes and assess-
ments which may be levied by the said city, and perform such other
duties as may hereafter be prescribed and ordained by the council.

70. The treasurer shall be required to keep all money in his pos-
session belonging to the city upon deposit in some safe banking in-
stitution in the city of Newport News, and such moneys shall be de-
posited to his credit as treasurer of the city of Newport News; and
he is hereby expressly prohibited from using, directly or indirectly,
the corporation money or warrants in his custody or keeping for his
own benefit or use, or that of any person or persons whomsoever ;
and any violation of this provision shall be deemed a malfeasance in
office, for which he may be removed by proceedings instituted in the
hustings court for said city. In case of his removal the judge of the
hustings court shall appoint a qualified person to fill said office
until the next general election which may be held in the city, when
the qualified voters of said city shall fill the vacancy by the election
of his successor, who shall hold office for the remainder, if any, of
the unexpired term of the officer removed.

71. The treasurer shall receive such compensation as is provided
by law in the case of city treasurer for receiving and disbursing the
revenue, city and school levies, and other funds.

72. Auditor.—The auditor shall superintend the fiscal concerns of
the city; shall manage the same in the manner required by this act
and the ordinance and resolutions of the council.

73. He shall keep a regular set of books, in which shall be opened
and kept as many accounts, under appropriate titles, as may be neces-
sary to show distinctly all the estate and property whatsoever, real
and personal, vested in the city by law or otherwise, and of trusts in
the care of the same; all funds due and owing by the city, all re-
ceipts and expenditures in the various departments of the city, and
all appropriations made by the council, and the sums expected under
the same, respectively.

74, He shall, from time to time and as often as he may deem neces-
sary, or the council shall direct, suggest plans to the council for the
management and improvement of the city finances.

75. He shall have the supervision and control of the fiscal concerns
of all departments and officers of the city, who shall collect, receive,
and disburse the public moneys, or who are charged with the man-
agement or custody thereof, and may at any time require from any
of them, in writing, an account of any and all moneys or property of
the city in their hands or under their control; and he shall imme-
diately, upon the discovery of any default, irregularity, or delin-
quency, report the same to the council.

76. He shall sign all warrants on the city treasurer, and shall not
suffer any appropriation made by the council to be overdrawn. In
every case where an appropriation shall be exhausted, and the object
of which is not completed, he shall immediately report to the coun-
cil, and give such a report, with a statement of the moneys which
have been drawn on such appropriation, and the particular purposes
for which they were drawn. Whenever an account against the city
shall be presented to him for payment, the person presenting the
same shall, if the auditor require, produce evidence, first, that the
amount expressed in the account is due to the person in whose favor
itis made; second, that the supplies or services, for payment on
which the the account is made, have been furnished or performed ;
third, he shall have authority to administer oaths or affirmations in
verification of demands for his signature, but he shall not be enti-
tled to receive any fee therefor.. The council, however, may require,
before any warrant is issued by the auditor, that the account be sub-
mitted to the council.

77. He shall make a report, verified by oath or affirmation, to the
council, at the end of each fiscal month, of the public accounts of
said city, and of the trusts in its care, exhibiting all of the expendi-
tures of the city, the sources from which the revenue and funds are
derived, and in what manner the same have been disbursed, each
account to be accompanied by statement in detail, in separate col-
umns, of the several appropriations made by the council, and the
amount drawn on each appropriation, and the amount standing to
the debit or credit of the same.

78. There shall be kept in the auditor’s office a lien docket, in
which, in proper columns, shall be entered all claims for curbing,
paving, sidewalks, assessments for damages, and all contributions
for opening of public streets, lanes and alleys, or parts thereof; for
paving, grading and macadamizing the same; for sewerage and for
any other public improvements, which docket shall at all times be
opened to the inspection of the public; and after said lien snall
have been docketed all persons shall be affected with notice.

79. The auditor shall receive such salary as shall be prescribed by
‘he council, not exceeding one thousand dollars per annum, and the
same shall not be diminished during his term of office. He shall
give bond in a sum of not less than ten thousand dollars in some
guarantee company approved by the council.

80. City clerk.—There shall be one city clerk, who shall be elected
by the council, who shall hold office for two years, and until his suc-
cessor be elected and qualified, unless sooner removed from office by
the council. He shall receive such salary as shall be fixed by the
said council, not exceeding six hundred dollars per annum.

$1. The said clerk shall attend the meetings of the council and
keep a record of its proceedings, and he shall be the clerk of all
the committees thereof; he shall have the custody of the corporate
seal and of all official bonds taken by order of the council or under
requirements of law; he shall keep all the papers that by the pro-
visions of this act, or the direction of the council, are required to
be filed with or kept by him.

82. It shall be his duty, immediately after the close of each ses-
sion of the council, to make and present to the mayor a transcript
of every ordinance, resolution or order and act of legislative charac-
ter concerning any public improvement, or for the payment of
money, and of every ordinance, resolution, order or act of legisla-
tive character passed at such session. He shall in like manner
transmit to the auditor a transcript of all ordinances or resolutions
appropriating money or authorizing the payment of money, the issue

12

T J.
of bonds or notes. He shall in like manner give notice toall per-
sons presenting petitions or communications to the council of the
final action of the council on such petition or communication. _ He
shall publish such reports and ordinances as the council is required
by this act to publish, and such other reports and ordinances as it
may direct, and shall in general perform such other acts and duties
as the council may from time to time require of him.

83. Clerk of the hustings court.—There shall be one clerk of the
hustings court for said city, who shall serve for a period of six years,
and until his successor be elected and qualified. He shall receive
in compensation for his services the fees and emoluments allowed
by law to clerks, and such allowances as the council may from time
to time deem just and proper, not exceeding six hundred dollars per
annum.

84. Commonwealth’s attorney.—There shall be one common-
wealth’s attorney, who shall prosecute in all criminal cases in the
hustings court of saidcity. He sball hold office for a term of two
years, and until his successor be elected and qualified, unless sooner
removed, and shall receive for his services such compensation as
may be prescribed by law, and such additional compensation as the
council may from time to time provide, not exceeding three hundred
dollars per annum.

85. Commissioner of ‘revenue.—There shall be one commis-
sioner of revenue, who shall hold office for a period of four years,
and until his successor be elected and qualified, unless sooner re-
moved from office. He shall give bond, with sureties, in such
amount as the council may determine, said bond to be approved by
the council and entered on its journal and filed in the office of the
city clerk. Incase a vacancy shall occur in the office of commis-
sioner of revenue the council shall elect a qualified person to fill
said office until the next general election which may be held in the
city, when the vacancy shall be filled by the qualified voters for the
unexpired term.

86. The said commissioner of revenue shall perform all the duties
in relation to the assessment of property for the purpose of levying
the city taxes that may be ordered by the council. He shall keep
his office in some convenient place in said city, and shall keep
therein such books, schedules and records, and in such manner as
the council may prescribe, or as required by the state law, which
books, records and other papers shall be subject to the inspection of
and examination of the mayor, the members of the council, or any
committee thereof, and of the city treasurer.

87. To aid the commissioner of revenue in his duties, the clerk of
the hustings court for said city, as required, shall deliver to him
such lists as are mentioned in section four hundred and thirty-nine
of the code of Virginia, eighteen hundred and eighty-seven, as far
as may relate to lands in said city.

88. The commissioner of revenue shall receive for his services the
fees allowed by law, and such other compensation as the council
may from time to time direct, not exceeding three hundred dollars
per annum.
89. City sergeant.—There shall be one city sergeant, who shall at-
tend the term of the court of hustings for said city, and act as the
oficer thereof, and shall perform such other duties as may be pre-
scribed by law and ordained by the council, and shall receive such
compensation therefor as the council may determine, not exceeding
three hundred dollars per annum; but, in addition to any salary he
shall receive, he shall be entitled to the same fees as those of a
sheriff for performing similar services.

90. The sergeant may, with the approval of the court of the hust-
ings for said city, appoint a deputy or deputies, who may be removed
from office by the said sergeant, by the mayor, or by the hustings
court. During the continuance in office of the said sergeant, his
deputy or deputies may discharge any of the duties of the office of
sergeant, but the sergeant and his sureties shall be liable therefor.
The sergeant’s bond shall not be less than four thousand dollars.

91. Constable.—There shall be elected one constable for the city,
who shall hold his office for a term of two years, and until his suc-
cessor be elected and qualified, unless sooner removed from office.
Said constable shall keep his office in such convenient place in the
city as may be designated by the council, and shall receive such com-
pensation for his services as is allowed by law. He shall in all
civil cases have the same powers and duties and be subject to the
same penalties as are prescribed by law for other constables, and
shall perform such other duties as the council may ordain, or may
be prescribed by the laws of the state. The constable may appoint
one or more deputies, who shall perform the same duties as the con-
etable, and for whose acts the constable shall be liable.

92. Justice of the peace.—There shall be one justice of the peace
foreach ward of said city, who shall be a resident of his respective
ward, and who shall hold office for the term of two years, and until
their successors be elected and qualified, unless sooner removed from
office. The said justices of the peace shall be conservators of the
peace within the limits of the corporation of Newport News, and one
mile beyond, and shall have the same powers and duties within said
limits, and receive for their services such fees as are prescribed by
law in respect to justices of the peace in the counties of this state in
their reapective counties.

93. Clerk of the markets.—The clerk of the markets shall perform
such duties and receive such compensations as may be prescribed by
the council, not exceeding six hundred dollars per annum. All
moneys received by him shall be reported weekly to the auditor and
paid to the treasurer.

94. All law matters to which the city may be a party, or in any-
wise interested, shall be under the supervision, direction and con-
trol of the commonwealth’s attorney, subject to the direction of the
council. He shall prepare all bonds, obligations, contracts, leases,
covenants, assurances, and other documents which may be required
of him by any ordinance or order of the council or the general laws
of the city; commence and prosecute all and every suit or suits, ac-
tion or actions, brought by the city for or on account of the estate,
tighta, trusts, privileges, claims or demands of the same, and defend
all actions or suits brought against the city or any officer thereo!
before any court of this commonwealth, and shall do all and every
professional act incident to the office which may be required of him
by the mayor, the council, or any committee thereof.

95. He shall, when required, furnish the council, committees there-
of, the head of any department, or the mayor, with his written opin-
ion on any subject which may be submitted by them to him.

96. He shall at least once in each month make a report to the city
auditor of all moneys received by him by virtue of his office, and
immediately pay the same to the city treasurer.

97. The commonwealth’s attorney for his services shall receive
such salary as shall be fixed by the council at the beginning of each
fiscal year, and no other compensation ; and all fees received by him in
his official capacity shall be paid to the city treasurer monthly, as
hereinbefore provided; such salary, as allowed by the council, not
exceeding the sum of four hundred dollars per annum.

98. City engineer.—The city engineer shall make field notesof all
work performed by him for the city and for private individuals
within the city limits, and the same shall be kept in his office for
reference and turned over to his successor.

99. It shall be the duty of the city engineer of the city to survey
the streets, alleys, lanes and highways, furnish regulations for build-
ings, and make all necessary plans, drafts or maps which may be re-
quired for the use of the city highways, paving, surveying or build-
ing. All instruments, paper and other materials necessary for the
equipment and supply of his office shall be furnished by the city,
and all maps, drafts or plans made by the city engineer for the pur-
pose aforesaid and intended for preservation, shall be executed on
sheets of good draft paper, and shall, as far as practicable, be all
of a uniform size, and the same shall be the property of the city,
and be bound in book form and be kept among the archives of the
city for the use of the council and the various officers of the city
government and the inspection of the citizens; and he shall do and
perform any other service that may be required of him by resolution
or ordinance of the council.

100. The salary of the city engineer shall be fixed by the council,
not exceeding the sum of six hundred dollars per annum, and all fees
received by him in official capacity shall be paid over to the city
treasurer monthly in the same manner as is required for paying in
other moneys.

101. The council may, by a three-fourths vote of all its members,
in the name and for the use of the said city, cause to be issued cer-
tificate of debts or bonds (the form of which shall be prescribed by
the council) not exceeding in the aggregate the amount of one hun-
dred thousand dollars, and bearing a rate of interest not exceeding
six per centum per annum, and payable, in the discretion of the coun-
cil, in not less than ten nor more than thirty years from their,date,
for the purpose of paying any necessary deficit in the administration
of the government of said city during the first year of its operation
under this charter, and of making any manner of public improve-
ments; provided that no such certificates of debt or bonds to the
amount of ninety thousand dollars shall be issued or be valid unless
and until the action or ordinance of the council thereon shall have
been first submitted to a vote of the legal voters of said city and
ratified and approved by a two-thirds’ majority of the legal voters of
said city, cast at an election to be held for the purpose of voting on
the issue thereof, and unless and until it shall also appear that a
three-fifth’s majority of the registered freehold voters of the said
city have voted at the said election in favor of the issue of said cer-
tificates of debt or bonds. Said election shall not be held until no-
tice of the time, place and object thereof shall have been first given
by a publication for at least thirty days in the daily newspapers
published in the said city, and by posting the same for at least thirty
days prior to said election on the front door of the court-house of
said city ; or if there be no daily newspaper published in the said
city,at the time said election is ordered, the council may determine
the manner of giving such notice. The said election shall be ordered
by the said council, shall be by viva voce vote, and none but regis-
tered voters, otherwise legally qualified to vote under the laws of
Virginia, shall be permitted to vote at said election. And the said
council shall not create or incur any other indebtedness which has
not been provided for in the annual levy.

102. And whenever the treasurer of the city shall have to the credit
of the fand for the redemption of said bonds the sum of five thou-
sand dollars he shall advertise for proposals for redeeming the same
amount of said bonds at least ten days, and redeem the said amount
on the most favorable terms offered ; provided the proposals are ap-
proved by the city council. |

103. All contracts for the erection and construction of public im-
provements shall be let to the lowest responsible bidder, but the
council, in its discretion, may reject any or all bids, and notice shall
be given thirty days before the work is finally let by advertisement
in one or more newspapers, and the party to whom said contract
shall be let shall give such bond as the council may require; but in
no event shall any contract be let to any member of the council or
other officer of the city government, nor shall any member have any
interest in said contract; provided, however, that the council may
have such work done and public improvements made under its im-
mediate direction in any case involving expenditures of sums not
exceeding two hundred dollars, and may employ such superintend-
ants, mechanics, laborers and teams, and purchase such material as
may be necessary therefor.

104. For the execution of its powers and duties, the council may
raise taxes annually by assessments in said city on all subjects taxa-
ble by the state, such sums of money as it shall deem necessary to
defray the expenses of the same, and in such manner as it shall deem
expedient (in accordance with the laws of this state and of the
United States) ; provided that no municipal levy upon real and per-
sonal property in said city shall exceed eighty cents upon the one
hundred dollars assessed value thereof; and provided, further, that
sll levies upon real estate shall be upon the assessed value thereof
for the purposes of state taxation.
105. The council may levy a tax upon the following licenses, viz:
The sale of ardent spirits, theatrical and circus companies, menage-
ries, jugglers, itinerant peddlers, and all other shows and exhibi-
tions for which an entrance fee is required; commission merchants,
bankrupt and fire sales of general merchandise, persons selling by
sample, brokers and pawnbrokers, and upon all other businesses and
pursuits upon which a license tax is levied by the state and such
other businesses as may be lawful.

106. The council may grant or refuse licenses to owners or keep-
ers of wagons, drays, carts, hacks and other wheeled carriages kept
or employed in the city for hire, and may require the owners thereof
using them in the city to take out a license therefor, and may assess
a value and require taxes to be paid thereon, and subject same to
such regulations as it may deem proper, and may regulate their
charges.

107. All goods and chattels, wheresoever found, may be distrained
and sold for taxes assessed and due thereon, and no deed of trust or
mortgage on goods and chattels shall prevent the same from being
distrained and sold for taxes assessed against the grantor in such

eed.

108. There shall be a lien on real estate for the city taxes as as-
sessed thereon from the commencement of the year for which they
are assessed. The council may require real estate in the city delin-
quent for non-payment of taxes to be sold for said taxes, with inter-
est thereon at the rate of six per centum:per annum. Such real
estate shall be sold and may be redeemed in the manner provided by
law.

109. The city council shall have power to ordain and enforce such
rules and regulations as shal] be necessary and proper to prevent ac-
cidents by fire within said city or to secure the inhabitants thereof
and their property from injury thereby, and to provide for the or-
ganization, equipment and government of fire companies in said
city, and to purchase and keep in order hand and steam fire engines
and other necessary fire apparatus; also to appoint and pay the
necessary engineers, firemen and drivers for said engines. They may
also make such ordinances as may be necessary to compel citizens
to render assistance to the fire companies in case of need. They
may also appoint a chief engineer, prescribe his duty, and fix his
compensation. '

110. Whenever any building in the said city shall be on fire, it
shall be the duty of and be lawful for the said engineer to order
and direct such building or any other buildings, which he may deem
hazardous and likely to communicate fire to other buildings, or any
part of such buildings, to be pulled down and destroyed and no ac-
tion shall be maintained against any person or against the city
therefor. But any person interested in such building so destroyed
or injured may, within three months thereafter, apply to the city
council to assess and pay the damages he has sustained. At the ex-
piration of the three months, if any such application shall have
been made in writing, the city council shall either pay the claimant
such sum as shall be agreed upon by the council, and the said claim-
ant for such damage, or if such agreement shall not be effected
shall proceed to ascertain the amount of such damages, and shall
provide for the appraisal, assessment, collection and payment of the
same in the same manner as is provided for the ascertainment, assess-
ment, collection and payment of damages sustained by the taking of
land for the purpose of public improvement.

111. The commissioners appointed to appraise and assess the dam-
ages incurred by the said claimant by the pulling down or the de-
struction of such building, or any part thereof, by the direction of
the said officer of the city as above provided, shall take into ac-
count the probability of the same having been destroyed, and may
report that no damages should equitably be allowed to such claim-
ant. Whenever a report shall be made and finally confirmed in said
proceedings for appraising and assessing the damages, a compliance
with the terms thereof by the city council shall be deemed a full
satisfaction of all said damage of the claimant. But any party’‘feel-
ing aggrieved thereby may appeal to the circuit court for the city of
Newport News, which court, in taking jurisdiction thereof, shall be
governed by the laws regulating the assessment of damages to real
estate in other cases.

112. All bonds, contracts, deeds and other papers shall be executed
by the mayor, under the direction of the council, and the seal of the
corporation shall be affixed and attested by the city clerk.

113. The said council shall, by ordinance, provide for any irregular
election not herein provided for, and may appoint the necessary offi-
cers to conduct the same.

114. The terms of officers appointed by the first council herein
named shall expire on the thirty-first day of July, in the year one
thousand eight hundred and ninety-six.

115. The city of Newport News, its real and personal property and
other subjects of taxation, and its inhabitants, shall be exempt from
all assessments and levies in the way of taxes imposed by the au-
thorities of Warwick county for any purpose whatever, except upon
property owned in the said county by the inhabitants -of said city,
from and after the first day of January, eighteen hundred and nine-
ty-six, nor shall said inhabitants be liable to serve upon juries or
work upon roads in said county, except in such cases as are provided
for by the laws of the state.

116. Nothing in this act shall be construed to authorize the inter-
ference by the council of said city with the existing use of the ave-
nues, streets, alleys and lanes of the said city, with its tracks, pipes,
poles and other appurtenances of any railroad, street railway, gas,
electric light, telegraph, telephone, or other incorporated company,
but such use is hereby confirmed, subject to such reasonable regula-
tions as the council may from time to time prescribe; provided that
nothing in this section shall be held to authorize the unreasonable
blocking or obstructing of any public highway.

117. In addition to the rights, powers and privileges herein granted,
the said city of Newport News shall have and enjoy all the rights, pow-
ers and privileges conferred, and to be subject to all the restrictions
imposed by the laws of Virginia for the government of incorporated
cities so far as applicable to said city and not inconsistent with the
provisions of this act.

118. All acts and parts of acts in conflict herewith shall be, and
are hereby, repealed.

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