Chap. 29.—An ACT to amend the act passed Merch 18, 1861. entitled an
act to amend the Charter of the City of Richmond, as amended by the
act passed February 24, 1866. entitled an act to amend the act passed
March 18, 1861, rutitied an act to amend the Charter of the City of
Richmond.

Passed March 19, 1867.

1, Be it enacted by the general assembly of Virginia, That
sections three, five, seven, eight, thirty-two, ‘eighty jeighty- -one,
elchty-two, cighty- three, eichty -four, eiehty- five, eighty- SIX,

cighty-seven, eighty- cieht, eighty-nine and ninety, of the act
passed March eighteenth, eighteen hundred and sixty-one,
entitled an act to amend the charter of the city of “Rich-
mond, be amended and re-enacted so as to read as follows

Ҥ3.:For the said corporation there shall be a mayor;

there shall be a board called the council of the city of Rich-
mond, which shall be composed of not less than fifteen nor
more than tw enty-five me anbers ,of whom not less than three
nor more than five shall be for each ward; and there shall be
a court which shall be called the court ‘of hustings for the
city of Richmond, and the members of said court ‘shall con-
sist of a judge, the mayor, and not less than fifteen nor more
than twenty-five other persons, of which other persons, there
shall in like manner be not less than three nor more than five
from each ward; and there shall be a court which shall be
called the criminal court of the city of Richmond, which
shall be held by the judge thereof. The council may, from
time to time, prescribe how many persons shall compose the
council, and how many persons other than the mayor and
judge shall compose the hustings court: provided, that the
said members shall not be less’ than fifteen nor more than
twenty.” .

‘©$o. There shall be an eleetion annually in each ward of
the said city, on the first Wednesday in April, for members
of the council; and there shall be an election in each ward
on the first Wednesday in April, in every fourth year from
the year eighteen hundred and sixty-six, for a mayor of said
city. and for the members of the court of hustings other than
the judve thereof; and in the event of a failure to hold either
of suid elections on that day, then such election shall be held
on such day as said council may direct; and there shail also
be clecte@ by the qualified voters of said city, at such times
and places as the council may preseribe, a judge of the court
of hustings for said city: provided, that no election for said
judge shall be held until a vac: ancy shall occur in the office of

said judge under the laws now in force; and there may also
be appointed, by the council of said city, a judge of the
criminal court of the city of Richmond; and the judges afore-
said shall hold their oflice each for the term of eight years

from their election; and the judges aforesaid shall each re-
ecive such compensation as may be allow ed by the council of
sald city, to be paid by said city: provided, that the election
of the judge of the court of hustings shall not take place
within thirty days of any municipal or state election, and that
the compensation of neither judge shall be diminished during
his continuance in office. ‘The manner of conducting clee-

tions of a judve under this section, of making return thereof,
of his qualitication, of ordering new elections to supply va-
cancies, and of deciding contested elections, shall be pre-
scribed by the council. The judge of the criminal court shall
appoint a clerk of said court, who shall hold his office for four
years, aud the salary of said clerk shall be tixed and paid by
the council of said city. The sergeant of said city shall at-
tend the terms of the criminal court of the city of Richmond,
and shall act as the officer thereof. It shall be the duty of
the council of the city of Richmond to provide for the elec:
tion, oh some day atter the first day of July, eighteen hun-
dred and sixty-seven, of five members of the council, in that
portion of the county of Henrico which will be added to the
city of Richmond by the act passed February thirteenth,
eighteen hundred and sixty-seven, entitled an act to extend
and detine the boundaries of the city of Richmond; and the
said council shall have authority to regulate and prescribe
and entorce, within that portion of the eounty of Henrico
which will be added to the city of Richmond by the act
aforesaid, between the date of the passage of this act and the

first of July, eighteen hundred and sixty-seven, any sanitary
rules and regulations which to the said council may seem
proper, similar to. those prescribed and enforced within the
city of Richmond.”

“97. At the May term of the hustings court, held by the
mayor, recorder and alder men, in the year eiechteen hundred
and sey enty, and at the May term of said court held in ev ery
fourth year thereafter, there shall be appointed by said court
a sergeant and hich constable for said city; and at the May
term of the bustin: es court, held by the mayor, recorder and
aldermen, next before the expiration of the present term of
oflice of the attorney for the commonwealth in said court,
and of the clerk of said court, and at the May term of said
court heid in every fourth year thereafter, there shall be ap-
pointed by said court an attorney for the commonwealth in
said court and a clerk of said court. In the event of a fail-
ure to hold a term of said court in the month of May, or to
make any of said appointments, then such appointinent or
appointments shall be made at the next ensuing term of said
court. The term of office of the sergeant, hish Tvonstable,
attorney for the commonwealth and clerk, shall commence on
the first day of July next succeeding their appointment, and
shall continue for four years,

ey 8. At such clection ina ward, every white male citizen
of the commonwealth, of the ave of twenty-one years .or
upwards, Who has been a resident of the state for two years
and of the erty of Richmond tor twelve months, and who
resides in such ward, shall have a right to vote, and be eli-
gible asa member of the council or of the court of hustings.”

Ҥ 32. The council of the city shall, after the first day of
July and before the first day of January next, divide the city
in tive or more wards, such division to take effect on the day
before the first W ednesday of April, eighteen hundred and
sixty-eight. And the council may thereafter, from time to
time, change the names of the streets and wards, and may
change the boundaries of the wards, or lay off the city into
wards differently: provided that no such alteration of the
boundaries of the wards, or change in the number of wards,
shall take effect until the day preceding the first W ednesday
in April next after such alteration or chance shall have been

made by the council. And if after such alteration or change
shall have taken effect, there shall be residing In any ward
more of the aldermen than such ward shall be entitled to,
then the court of hustings held by the mayor, recorder and
aldermen shall choose from among those present thé requi-
site number of aldermen for such ward, and the others shall
cease to exercise or have the powers of aldermen. And if
there should be any deficiency in any of the wards in the
number of aldermen to which such ward may be entitled,
then such court shall proceed to elect the requisite number of
aldermen for such ward, who shall continue to hold their
office and discharge the duties thereof, as af they had been
duly elected by the qualified voters of the city.
Ҥ 80. The court of hustings of the city of Richmond
hall be held by the mayor, recorder and aldermen of the
sity, or any four of them, and also by a judge, to be called
the judge of the court of hustings. A term of said court,
10t exceeding six days, shall be held by the mayor, recorder
and aldermen, in every month, at such times and places as
she council may prescribe, at which shall be exercised all the
jurisdiction, powers and duties of the court of hustings, ex-
cept such as are expressly vested in and delegated to the
said court, when held by a judge thereof, and such as are
vested in and delegated to the criminal court of the city of
Richmond.

Ҥ 81. There shall be four terms of said court of hustings
for the city of Richmond, to be held by the judge thereof,
commencing on the first Monday in January, April, June and
October of each year, at such place as the council of said
city may prescribe. At such times the said court shall exer-
cise exclusively the jurisdiction now vested in it over all
attachments, appeals in civil cases, civil actions, motions and
suits at law and in chancery; all matters concerning the pro-
bate of wills, the appointment, qualification and removal of
fiduciaries, and the settlement of their accounts; and the
court so held, or the judge thereof, may appoint commis-
sioners In chancery, commissioners to take depositions, re-
ceivers and any other officers or agents, for conducting its
business which a circuit court or judge may appoint in simi-
lar cases, and whose appointment is not otherwise provided
for. The said court shall have appellate jurisdiction in cases
in which the constitutionality or validity of an ordinance of
the city is involved; and the said court of hustings, when
held by the judge thereof, may at any time during a term
adjourn for a period not exceeding fifteen days.

“$82. The criminal court of the city of Richmond shall
have original jurisdiction of all felonies and misdemeanors
committed within the territorial limits of its jurisdiction.
The said court may exercise the power which a circuit court
may exercise under section thirty-five, chapter one hundred
and elehty-four, and sections one, two and three, of chapter
two hundred and ten, of the Code of eighteen hundred and
forty-nine. The said criminal court of the city of Richmond
shall hold six terms in each year, commencing on the first
Monday of January, March, May, July, September and No-
vember, and at such place as the council of said city may
from time to time appoint.

“$83. The business of said court of hustings, whether
held by the mayor, recorder and aldermen, or by the judge,
shall be distributed by law.

“S84. A grand jury shall be summoned to attend the terms
of the criminal court of the city of Richmond; which erand
jury shall be charged by the judge. All provisions of law
concerning grand and petit juries, the taxation of costs aud
clerk's fees, applicable to circuit courts, shall apply to the
said criminal court of the city of Richmond.

Ҥ8o, All criminals examined by the court of hustings,

©o
when held by the mayor, recorder and aldermen, if remanded
for trial, shall be sent to the criminal court of the city of
Richnrond, and all depositions and recognizances shall be
thereto returned.

“86. The said court of hustings held by the judge, and
the said judge respectively shall have the sume power as a
circuit court or a circuit judge in suits for partition, or for
sale of lands of persons under disability, and to award and
try writs of injunction, habeas corpus, mandamus and _prohi-
bition, and shall exercise the same jurisdiction and powers as
a circuit court or a circuit judge in such cases, and as to all
subjects incident to the matter or cases of which the court

r judge has jurisdiction; and orders awarding injunctions
may be directed to the clerk of the court, and injunction
bonds taken by him, in all such cases over which the said
court has jurisdiction. Appeals, writs of error and writs of
supersedeas from and to judgments, decrees and orders of
the said court held by the judge, and trom or to judgements
or orders of the criminal court of the city of Richmond, shall
be taken and allowed as if they were trom or to those of a
circuit court or a circuit Judge; but if they be from orto the
judgements, decrees and orders of thes said court when beld
by the mayor, recorder and aldermen, they shall be taken to
the circuit court of the city of Richmond.

7. The commonwealth’s attorney for the circuit court
of the city of Richmond, shall prosecute in all cases in the
criminal court of the city of Richmond, and shall receive
therefor the compensation fixed by the act passed February,
eighteen hundred and sixty-six, for prosecutions in a cireuit
court, with any and all other fees allowed by law. During
the absence of the judyve of said criminal court, or of the
judge of the court of hustings, or the inability of either from
any cause to hold a term of his court, or to sit In any particu-
lar case. said court may be held by any circuit judye, or by
the other of said judges; and the compensation of such judge
shall be fixed and paid by the council of the city, and the
judee of either of said) courts may remove a cause from his
court to any circuit court for the same causes and in the same
manner as are prescribed by law ior the removal of a cause
from one circuit court to another.

f§ss. The attorney for the commonwealth for the court
of hustings of the city of Lichmond shall perform the duties
connected with any matter coming within the jurisdiction of
the said court, whether held by the mayor, recorder and
aldermen or hy the judge thereof, which are required of the
attorney of the commonwealth of a circuit court, and shall
receive like compensation therefor. The records and pro-
ceedings of the said hustings court and of the said criminal
court, shall be kept as the records and proceedings of a cir-
cuit Court are required to be kept; and the dutics, Habilities,
compensation and mode of proceeding against the clerks and
other officers and ayents of the said courts, and the attor-
ney’s fees taxed, shall be the same as in like cases in a circuit
court.
Ҥ 89. The court of hustings of the city of Richmond,
whether held by the mayor, recorder and aldermen, or by the
judge thereof, and the criminal court of the city of Rich-
mond, shall have jurisdiction, as limited and _ prescribed
by this act, within the corporate limits of said city, and
within the space of one mile, on the north side of James
river, Without and around said city, and every part thereof,
including so much of said river to low water mark on the
shore ot the county of Chesterfield as shall be between two
lines drawn due south from the eastern and western termina-
tion of the one mile aforesaid; and within said limits the
said judge of the criminal court, the said judge of the hust-
ings court, the said mayor, recorder and aldermen, shall each
have the powers of a justice of the peace.

Ҥ 90. The council may impose penalties for the violation
of this act, or of the act of which it is amendatory, and for
the violation of any ordinance of the city, not exceeding five
hundred dollars for one offence. If the penalty be above
one hundred dollars, it shall be prosecuted in the criminal
court of the city of Richmond. But any prosecution for a
fine or penalty, either under this act or an ordinance of the
city, if it be limited to an amount not exceeding one hun-
dred dollars, and any other claim against the city, or against
a person within the jurisdiction of the courts of the city, if
it does not exceed one hundred dollars exclusive of interest,
shall be cognizable in the mayor’s court, and the decision of
the mayor shall be final in all civil cases in which the matter
In controversy, exclusive of costs, is not more than twenty
dollars.”

2. The council of the city of Richmond shall proceed, as
soon as it can conveniently and properly be done, to carry
out the provisions of this act; but until the criminal court of
the city of Richmond is organized, as provided for by this
act, the jurisdiction of the hustings court of said city shall
remain as it now is.

» Be it further enacted:

“) 99. The council of the city of Richmond may at any
time submit to the qualitied voters of the city of Richmond,
under and according. to the forty-sixth, forty-seventh, forty-
eighth, forty-ninth, fiftieth and fitty-first sections of chapter
sixty-one, Code of Virginia, (edition of eighteen hundred
and sixty), to ascertain whether the voters of the city of
Nichmond be in favor of subscribing to any work of internal
improvement, or of guaranteeing the bonds of any internal
Improvement company commencing or terminating in the
city of Richmond; and the council of said city shall do and
pertorm all the things in the premises which the county
courts are required to do: by the aforesaid sections of the
sixty-first chapter of the Code. And the order of the
council submitting the question to the said voters shall state
the maximum amount proposed to be subscribed, or the
maximum amount of the bonds proposed to be guaranteed,
Without any limit as to amount.

“$100. The authorities of the city of Richmond shall
have civil and criminal jurisdiction over the persons and pro-
perty embraced in the territory added to the city of Rich-
mond by the act passed thirteenth of February, eighteen
hundred and sixty-seven, from and atter the first of July,
elghteen hundred ‘and sixty-seven.’
“4, This act shall be in force from its passage.