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
Volume | 1918 |
---|---|
Law Number | 107 |
Subjects |
Law Body
Chap. 107.—An ACT to amend and re-enact sections 6, 11, 18, 18a, 18b, 19g,
22, 24, 26, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45,
46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67,
68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 88, 84, 85, 86, 88, 89.
90, 91, 92, 98, 94, 97, 98, 99, 100, 102, 103, 104, 105, 106, 107 and 108, of
chapter 101 of the acts of the general assembly, approved May 24, 1870,
entitled an act providing a charter for the city of Richmond, as hereto-
fore amended; to add to said charter, as a part of the charter of the
city of Richmond, sections to be Kngwn as sections 18c, 18d, 18e, 27a,
27b, 27¢c, 27d, 28a, and Slu, and to repeal sections 13b, 30u, 30b, 30c, 30d,
30e, 30f, 30g, 30h, 301, 30j, 93a, 93b, 93c, 938d, 98e, 93f, 938g, 93h, 931, 93),
' 93k, 931, 93m, 93n, 9380, 9383p, 93q, B8r, 938s and 109 of said charter, the
general object of which amendments, added sections and repeal of sections
is to require claimants for damages occurring by reason of the negligence
of the city to give notice of such claim; to limit the time in which suit
shall be brought to recover land opened to and used by the public as a
street or alley; to divide the government of the city of Richmond into
six departments; to provide for the appointment, qualification and duties
of the head of each of said departinents; to enlarge the powers and
duties of the mayor; to create a bvard to be known as the advisory
board of the city of Richmond, and define their powers and duties; to
provide for the better assessment, collection and levy of taxes: to
authorize the council of the city of Richmond to pass ordinances deemed
necessary to cure defects in the making of such levies and assessments
of taxes; to abolish the board known as the administrative board of
city of Richmond; to abolish the board known as the board of fire
commissioners of the city of Richmond, and to provide for the holding
of an election by the people to finally determine whether or not the
. said amendments shall become effective as a part of the charter of the
city of Richmond. [H B 395)
Approved March 6, 1918.
1. Beit enacted by the general assembly of Virginia, That sec-
tions six, eleven, eighteen, eighteen-a, eighteen-b, nineteen-g, twenty-
two, twenty-four, twenty-six, twenty-eight, twenty-nine, thirty, thir-
ty-one, thirty-two, thirty-three, thirty-four, thirty-five, thirty-six,
thirty-seven, thirty-eight, thirty-nine, forty, forty-one, forty-two,
forty-three, forty-four, forty-five, forty-six, forty-seven, forty -elgnt,
forty-nine, fifty, fifty-one, fifty-two, fifty-three, fifty-four, fifty-five,
fifty-seven, fifty-eight, fifty-nine, sixty, sixty-one, sixty-two, sixty-
three, sixty-four, sixty-five, sixty-six, sixty-seven, sixty-eight, sixty-
nine, seventy, seventy-one, seventy-two, seventy-three, seventy-four,
seventy-five, seventy-six, seventy-seven, seventy-eight, seventy-nine,
eighty, eighty-one, eighty-two, eighty-three, eighty-four, eighty-five,
eighty-six, eighty-eight, eighty-nine, ninety, ninety-one, ninety-two,
ninety-three, ninety-four, ninety-seven, ninety-eight, ninety-nine, one
hundred, one hundred and two, one hundred and three, one hundred
and four, one hundred and five, one hundred and six, one hundred
and seven and one hundred and eight of the charter of the city of
Richmond be, and the same are hereby, amended and re-enacted so as
to read as follows:
6. In case of vacancies arising in any office elective by the peo-
ple when a general election will occur before the expiration of the
term of such office, at which an election can be legally held for the
purpose, it shall be the duty of the mayor, upon the happening of
any such vacancy or vacancies, forthwith to certify the fact of such
vacancy or vacancies to the judge of the hustings court, who shall
issue his writ requiring an election to fill such vacancy or vacancies,
tobe held at such general election in the manner prescribed in the
general election laws of the State, provided, however, that until such
vacancy is filled by an election, as hereinbefore prescribed, the coun-
cil of the city of Richmond shall elect a qualified person to fill such
vacancy, who shall continue in office until his successor is elected and
qualified. Such person so elected by the council, shall qualify in
the mode prescribed by law.
11. He shall, by virtue of his office. be the chief executive officer
of the city government and each and every department thereof.
and as such shall have under his control and be charged with the
duty of supervising and compelling the performance of duty by all
other officers and employees, and in order to carry out the duties
imposed by this section shall have access to all books and documents
in the offices of the various officers or boards and their subordinates,
and may examine such officers and their subordinates on oath, and
the evidence given by persons so examined shall not be used against
them in any criminal proceeding, and he shall have power to sus-
pend any of such officers and subordinates, including the members
of the police and fire departments, and may remove such officers
and subordinates for misconduct in office or neglect of duty to be
specified in the order of suspension dr removal, and all proceedings
or that purpose shall be in accordance with the provisions of sec-
tion ten hundred and thirty-three of the Code of Virginia, nineteen
hundred and four. On the removal or suspension of such officer or
officers the mayor shall report the same to the head of the department
of finance. He shall also have such other powers and discharge such
other duties as may be hereafter imposed upon him by any ordinance
of the council of the city of Richmond not in conflict with this
charter.
18. A majority of the members of each branch shall constitute a
quorum for the transaction of business, but on all ordinances or
resolutions appropriating money exceeding one hundred dollars, im-
posing or releasing taxes or authorizing the borrowing of money, or
donating any property of the city, or increasing any salary or pay
of any employee of the city, where the value of such property is one
hundred dollars or more, or the aggregate of such increase of salary
is one hundred dollars or more for any one year, a vote of two-thirds
of all the members elected to each branch shall be necessary and the
veas and nays shall be entered on the journal of each branch, re-
spectively. No vote shall be reconsidered or rescinded at any special
meeting, unless at such special meeting there be present as large a
number of members as were present. when such vote was taken. No
ordinance or resolution appropriating money exceeding the sum of
one thousand dollars, imposing taxes, or authorizing the borrowing
of money, shall be passed by the two branches on the same day; nor
shall any such ordinance or resolution be valid, unless at least three
days intervene between its passage by the said branches, respectively.
No member of the city council shall be eligible, during his tenure
of office as such member, or for one year thereafter, to any office
or employment in any department of the city government.
18-a. Appropriations to the extent of ninety-five per centum of
the fairly anticipated revenues for each ensuing year, shall be made
in lump sums in the annual budget ordinance for the maintenance
and expenditure of each department. but the council may. from time
to time, make additional appropriations, but nothing ‘herein shall
be so construed as to curtail or impair the powers and authority of
the council of the city of Richmond of a legislative character, under
the Constitution. charter of the city of Richmond, or other statutes
of the State of Virginia.
18-b. There shall be one city clerk appointed by the city council
who shall be ex-officio clerk of each branch of the city council and
shall hold his office for the period of two years, and until his suc-
cessor shall be appointed and qualified. unless sooner removed from
office by the city council.
19-g. To close or extend, widen or narrow, lay out and graduate.
pave and otherwise improve streets and public alleys in the city.
and have them properly lighted and kept in good order; and thev
shall have over any street or alley in the city which has been or mav
be ceded to the citv, like authoritv as over other streets or allevs.
They may build bridges in and conduits under said streets, or author-
ize the construction of conduits, and annex conditions and restric-
tions to the construction, maintenance and use thereof, and they may
prevent or remove any structure, obstruction or encroachment over
or under or in any street or alley or any sidewalk thereof, and may
have shade trees planted along the said streets; and no company
shall occupy with its works the streets of the city without the con-
sent of the council. In the meantime, no order shall be made. and
no injunction shall be awarded, by any court or judge, to stay the
proceedings of the city in the prosecution of their works. unless it
be manifest that they, their officers, agents or servants are transcend-
ing the authority given them by this act, and that the interposition
of the court is necessary to prevent injury that cannot be adequately
compensated in damages. And in any action against the city to re-
cover damages against it, for any negligence in the construction or
maintenance of its streets. alleys or parks, where any person is liable
with the city for such negligence, every such person shall be joined
as defendant with the city in any action brought to recover damages
for such negligence, and where there is a verdict or judgment against
the city, as well as the other defendant. it shall be ascertained by
either the court or the jury, which of the defendants is primarily
liable for the damages assessed. No action shall be maintained
against the said city for damages for an injury to any person or
property alleged to have been sustained by reason of the negligence
of the city, or of any officer, agent or employee thereof, unless a
written statement, verified by the oath of the claimant, his agent or
attorney, of the nature of the claim and of the time and place at
which the injury is alleged to have occurred or been received shall
have been filed with the city attorney of said city within six months
after such cause of action shall have accrued.
22. In order to carry out effectually the powers conferred by
his charter, the city of Richmond is hereby expressly authorized
fo acquire, by condemnation proceedings instituted in the hustings
court of the city of Richmond, hustings court. part two, of the city
of Richmond or the circuit court of the city of Richmond, if the sub-
lect lies or is situated within the city. and, if not within the city, in
the circuit court of the county in which such subject lies, Jand or
any interest therein, any right, easement or estate of any person or
corporation therein, whether such corporation, owning the same, be
authorized to exercise the power of eminent domain or not, or
whether such land. interest, estate or easement has already been de-
voted to a public use by the owner, whenever the city of Richmond
cannot agree on terms of purchase or settlement with those entitled
to such subject; because of the incapacity of such owner, or because
of the inability to agree upon the compensation to be paid, or other
terms of settlement or purchase, or because, the owner, or some one
of the owners of the subject proposed to be acquired, is a non-resi-
dent of this State, or cannot, with reasonable diligence, be found in
this State, or is unknown. :
94. Whenever any piece, parcel or strip of land shall have beer
opened to and used by the public as any street, allev, lane or part
thereof for the period of five years, the same shall thereby become
a street, alley, lane or part thereof for all purposes, and the city
shall have the same authority and jurisdiction over. and right anc
interest therein, as they have by law over the streets, allevs and lane:
laid out by it, and therefore no action shall be brought to recovet
such piece, parcel or strip of land so opened to and used by the pub.
lic as aforesaid. And any street or alley reserved in the division o1
sub-division into lots of any portion of the territory within the cor
porate limits of the city, by a plat or plan of record, shall be deemec
and held to be dedicated to the public use; and the council shal
have authority, upon the petition of any person interested therein
to open such street or alley or any portion of the same. No agrce
ment between, or release of interest by, the persons owning the land
immediately contiguous to any such alley or street. whether the sam
has been opened or used by the public or not, shall avail or operat
to abolish said alley or street as to divest the interest of the publi
therein, or the authority of the council over the same.
96. The city council shall fix the pay of all officers whom the
are authorized to appoint under section twenty-seven-a of this char
ter and the heads of all of the departments, whose election is pro
vided for in section twenty-eight hereof, and the heads of the sai
departments, respectively, with the approval of the advisory boar
hereinafter created, shall fix the pay of all officers and the wages o
all employees of the city in departments under their control, an
such wages may from time to time be increased or diminished by th
heads of said departments with the approval of said advisory boarc
any increase not to take effect. however, until the expiration of th
fiscal year during which such increase is made; provided, however.
that when the work of any officer or eniplovee shall have been in-
creased bv the consolidation of any office with some other office, or
the reduction of the force in any department. and there remains a
sum sufficient for the purpose, the compensation or wages of such
officers or employees may be at once increased.
CHAPTER 4.
Administrative Department.
28. The government of the city of Richmond for its more con-
venient and efficient administration is hereby divided into six de-
partments, as follows:
(1) Department of law.
-(2) Department of finance.
(3) Department of public works.
(4) Department of public welfare.
(5) Department of public utilities.
(6) Department of public safety.
Provided, however, that the council may, by ordinance adopted
by an affirmative vote of at least two-thirds of its members in each
branch, create new sub-divisions of any department where absolutely
necessary or abolish existing departments and distribute the func-
tions thereof or establish temporary departments for special work.
At the head of each department, except the departments of Jaw
and finance, there shall be a director who shall be appointed by the
mayor, subject to confirmation by the council of the citv of Rich-
mond. at a joint meeting of the two branches to he called for that
purpose on or before the first day of January. nineteen hundred and
nineteen, whose terms of office shall commence on the first dav of
January, nineteen hundred and nineteen. such directors and heads
of departments to be chosen by reason of fitness, training and edu-
cation for the duties which pertain to the department to which they
respectively belong, and each of whom shall serve for the term of two
years; provided, however, that the persons first so chosen shall serve
from the date of their appointment to the first day of Julv, nineteen
hundred and twenty. or until sooner removed by the mayor of the
council, and provided, further, that should the council fail, within
ten days after the appointment made by the mayor to confirm the
same, the mavor shall. within ten davs thereafter, appoint another
suitable person and report such appointment to the council for con-
firmation, and the same procedure shall continue until the council
shall have confirmed the appointment made by the mavor. Thev
shall each qualify and give bond payable to the city of Richmond,
with sureties conditioned for the faithful discharge of their duties.
satisfactory to the city attorney, in an amount not less than five
thousand dollars, except as herein otherwise provided. In case of
vacancies occurring in the office of director of any of the depart-
ments hereinbefore enumerated, except the head of the legal depart-
ment and the head of the department of finance, the mayor shall fill
the vacancy in the manner herein provided. The heads of each of
the departments, except the legal department, shall have power to
appoint such number of officers, assistants, clerks and emplovees as
he shall deem necessary for the proper administration of his de-
partment, and fix their compensation and wages, subject to the ap-
proval of the advisory board as provided in this charter, but such
officers, assistants, clerks and employees may be removed at any time
by the head of the department with which they are connected.
The heads of the several departments shall have the management
and control of the administration of the affairs of the respective de-
partments under their control, and shall each be responsible to the
mavor for the efficient management of their department, and their
advice in writing may be required by the mayor on all matters af-
fecting their respective departments. They shall each provide and
forward to the mayor departmental estimates, and they shall make
all other reports and recommendations concerning their respective
departments, deemed necessary by them or when required by the
mayor, under rules and regulations to be prescribed by him. Upon
the receipt of such estimates the mayor, in consultation with the
advisory board, after having first received from the comptroller the
estimated anticipated revenues of the city for the next ensuing fiscal
year, shall make up and forward to the council a tentative budget
of expenditures, which shall be within such anticipated revenues;
provided, however. that if, in the opinion of the mayor, the needs
and exigencies of the citv require a larger revenue for the coming
fiscal year than the rate of tax in force for the previous year will
produce, he shall report whether he deems it advisable or not to
increase the revenues of the city by levying a larger tax, and, if so,
he shall recommend on what particular subjects the rate should be
Increased so as to produce the desired revenue.
29. The heads of the several departments shall have the ex-
clusive control of the doing of all work necessary for their respective
departments, and the purchasing of all supplies and materials there-
for in accordance with the ordinances and resolutions of the council ;
provided, however, that no contract in excess of one thousand dol-
Jars, made for the purposes aforesaid, shall be effective until it shall
have been approved by the advisory board, and then only after an
ordinance or resolution making the appropriation therefor, except
in cases of emergency, where great loss or damage to the city would
ensue, and in such cases the head of the department in which such
emergency exists shall file with the comptroller a certificate, showing
the nature of such emergency and the necessity for the expenditure.
All contracts for work or material shall only be let after due ad-
vertisement and bidding, where practicable, and the heads of the
respective departments shall have the power to reject any and all
bids, and order new bidding, or in their discretion, let the contract
without further bidding. And the advisory board is hereby required
to make and promulgate rules and regulations as to the advertise-
ment, bidding and letting to contract of work to be done and ma-
terials to be furnished for the city. The heads of the departments
shall approve all bills against the city for work done for the city
and for aJl materials furnished wnder any contract for the citv
which they are authorized to make. and no bill for such work or
supphes shall be paid by the comptroller unless the same has been
so approved and certified by the head of the department as correct :
provided, however, that the council of the city of Richmond may at
any time provide for the establishment of a store-room and ware-
house and the appointment of a purchasing agent to take charge of
the same and to purchase and distribute all materials and supplies
needed by the city or anv of the departments thereof, and adopt rules
and regulations concerning the same.
30. It shall be the duty of the director of public works, when
he deems it necessarv so to do. to recommend to the advisory board.
grades, or changes of grades in the streets, alleys and public places
of the city, with profiles and plans showing the same, and thereupon
the board, if they determine that there should be a change in the
grade of such street. alley or public place, may ratify or confirm such
proposed grades, or they may make such changes therein as they may
deem necessary and then confirm the same, or they may reject the
recommendation of the director of public works. And said board
is hereby expressly authorized to exercise the powers and duties im-
posed upon the council of the city of Richmond under the act of the
general assembly in force June fourteenth, nineteen hundred and
twelve, concerning local assessments in cities and towns. and under
any amendments of said act that mav be hereafter made.
31. The city council shall appoint a suitable and proper person.
who shall be the attorney and counsel for the corporation, who shal!
be the head of the legal department. and who shal] hold his office for
the term of two vears, unless sooner removed, and until his succes-
sor shall be appointed and qualify. He shall receive such compen-
sation as the council may determine. to be paid by the citv. Said
attorney shall have the management, charge and control of all the
law business of the corporation and the departments thereof, and of
all the law business in which the citv shall be interested: shall draw
all leases, deeds and legal papers for the same; and be the legal
adviser of the mayor, advisory board, city council, or any committee
thereof, and of the heads of the department of the city government :
and when required. shall furnish written opinions upon any sub-
jects involving questions of law submitted to him by them. He shall
appear as counsel for the said corporation in any civil case in which
it is interested, depending in any court of the city of Richmond:
and when the constitutionality or validity of any ordinance is
brought in issue in any penal prosecution, or when the mayor shall
direct a prosecution for nuisance, he shall appear for the prosecu-
tion when the case shall come into court, and, with the approval of
the mayor, shall institute and prosecute all legal proceedings deemed
by him necessary or proper to protect the interest of the city. He
shall have such other powers and perform such other duties as are
or may be required of him for the city by any ordinance or resolu-
tion of the city council.
_ 82. He shall have power and authority, from time to time dur-
Ing his continuance in office, with the consent of the mayor, to au-
thorize an attorney or other person to appear for him in his name
and on behalf of said corporation. and conduct and defend suits
and proceedings in al] courts and places.
_ 33. The city attorney shall keep his office in such place as the
city counci] may direct, and shall keep therein a docket of al] the
cases to which the city mav be a party in any court of record, in
which shall be briefly entered all steps taken in such cases, deemed
by him material; and said docket shall at all times be open to the
inspection of the mavor, city council and the members thereof: and
the city attorney shall appoint a competent person to act as his as-
sistant, and also a secretary and assistant secretary and clerk. and,
with the consent of the city counsel, mav employ an additional as-
sistant or assistants and such other office force as he shall deem
necessary for the proper conduct of the law department.
Depariment of Finance.
34. There shall be elected as hereinbefore provided a suitable
person to be known as the “city comptroller,” who shall be the head
of the department of finance. He shall] keep his office in the city
hall, or such other place as may be designated by the city council.
Upon his qualification, as hereinbefore provided, he shall give bond
with sureties to the amount of not less than fifty thousand dollars
before entering upon the duties of his office, or a larger sum may be
required by the council before or after he shall have entered upon
the duties of his office. The said comptroller shall have charge and
control of the keeping of all accounts and financial records of the
city of Richmond, wherein shall be stated, among other things. the
appropriations for the vear for each distinct object and branch of
expenditures, and also the receipts from each and every source of
revenue, so far as it can be ascertained. All of such accounts and
financial records shall be subject to the examination of the mayor,
the members of the city council, or other person required by order
of the mayor or ordinance of the council to make such examination.
35. The said comptroller shall be charged with and exercise a
general supervision over all the officers and emplovees of the city
connected with the department of finance, or charged in anv manner
with the assessment, receipt. collection, or disbursement of the citv
revenues; and the collection and return of such revenues into the
city treasury; and prescribe such system and regulations necessarv
for the better reporting and accounting for all citv revenue and
receipts. He shall have the custody and charge of all deeds, mort-
ages, contracts, judgments, notes, bonds, debts and choses in action
longing to the city, except such as are confined to the custody of
the city clerk, and such other papers as may be committed to his
care by the city council, by ordinance or otherwise.
36. The said comptroller shall have the power to examine and
audit. all accounts, claims and demands for or against the city: and
no money shall be drawn from the treasury or paid by the city to
any person. except. as herein otherwise provided. unless that balance
due and payable be first settled and adjusted by the said comptroller:
and for the purpose of ascertaining the true state of any balance or
balances so due, he shall have and is hereby clothed with full power
and authority to administer an oath or oaths to the claimant or
claimants, or any other person or persons, whom he may think
proper to examine as to any fact. matter or thing concerning the
correctness of anv account, claim or demand presented : and the per-
son so sworn shall. if he swears falsely. be guilty or wilful and
corrupt perjury, and be subject. to punishment by confinement in the
penitentiary for not less than one nor more than five vears.
3¢. All money found to be due and payable by the said comp-
troller to any person shall be drawn for by said comptroller by war-
rant on the treasury. stating the particular fund or appropriation
to which the same is chargeable and the person to whom payable;
and no money shall be drawn from the treasury except on the war-
rant of the comptroller as aforesaid, countersigned by the collector
of city taxes, But. the comptroller is forbidden to issue his warrant
for the payment of any money in excess of the appropriation on ac-
count of which said money is drawn.
38. It shall be the duty of said comptroller. as nearly as may
be. to charge all officers in the receipt. of revenues or moneys of the
city, with the whole amount. from time to time, of such receipts.
He shall also require of all officers in receipt of city moneys that
they shall submit reports thereof, with vouchers and receipts of
payment therefor, into the city treasury, weekly, or monthly. or as
often as he shall see fit to require the same by any regulation which
he may adopt; and if any such officers shall neglect to make adjust-
ment. of his accounts, W hen required. as aforesaid. and to pay over
such moneys so received, it shall then be the duty of said comptroller
to issue notice in writing. directed to such officer and his securities,
requiring him or them within ten days to make settlement of his said
account with the comptroller, and to pay over the balance of moneys
found to be due and in his hands belonging to said city. according
to the books of said comptroller: and in case of the refusal or neg-
lect of such officer to adjust his said accounts or pay over said
balance into the trensury of the city, as required. it shall then be the
duty of said comptroller to make report of the delinquency of such
officer to the mayor of the city. who shall at once suspend him from
office, proceed forthwith to institute the necessary proceedings for
the removal of such officer from office, and immediately on his re-
moval, institute suit in the name of said city against him and his
sureties to recover the balance of moneys so found to be due and in
his hands belonging to said city.
39. The comptroller shall make out an annual statement, as soon
as possible after the end of each fiscal year, giving a full ‘and de-
tailed statement of all the receipts and expenditures during the said
year, which he shall forthwith file with the mayor and forward a
copy thereof to the city clerk, who shall lay the same before the
next meeting of the council, or of either branch of the council. The
statement shall also detail the liabilities and expenditures during
the year, the liabilities and resources of said city, the condition of
all unexpended appropriations and contracts unfulfilled, the balance
of money then remaining in the treasury, with.all sums due and
outstanding, the names of all persons who may have become de-
faulters to the city, and the amounts in their hands unaccounted for,
and all other things necessary to exhibit the true financial condition
of the city.
40. The comptroller shall annually submit to the mayor not
later than January first of each year, a report of the estimates
necessary, as nearly as may be, to defray the expenses of the city
government during the succeeding fiscal year. He shall in said re-
port classify the different objects and branches of said city expendi-
tures, giving as nearly as may be, the amount required for each; and
for this purpose he is authorized to require of all heads of depart-
ments and city officers if any there be not attached to any depart-
ment, their statements of the expenditures of their respective de-
partments and offices, with any proposed enlargement or improve-
ment and the probable cost thereof, of all contracts already made and
unfinished, and the amount of unexpended appropriations of the
preceding year. He shall also in such report show the aggregate in-
come of the then current fiscal year from all sources, the amount of
liabilities outstanding upon which interest is to be paid, and of all
bonds and city debts payable during the year, when due and where
payable, so that the council may fully understand the money exi-
gencies for the succeeding fiscal year, a copy of which report and
estimates shall be forwarded to the mayor.
But the aggregate amount of appropriations in the annual bud-
get shall not exceed ninety-five per centum (95%) of the estimated
receipts for the fiscal year for which such appropriation is made,
based upon a report to be submitted to the council with the annual
appropriation ordinance as to the aggregate income for the current
fiscal year from all sources, together with any unexpended balance
on hand at the end of the preceding vear as required by this section,
and no other appropriation shall be made during the current fiscal
year unless it be for the payment of some portion of the city debt
or for the repayment of a temporary loan, except by a four-fifths
vote of all the members elected to each branch of the council.
41. In addition to the other duties of the said comptroller, it
is hereby made his duty, on the last day of each and every month,
to make out a monthly statement, giving a full and detailed account
of all moneys received, from what sources and on what account re-
ceived, and of all moneys ordered to be paid or drawn for by war-
rant by him, and on what account the same have been paid; and
shall deliver said statement to the city council at their next meeting.
which shall be filed, after the adjournment of the said council, by
the city clerk as a permanent record in his office.
42. Before any work for any amount or any order for supplies
exceeding one hundred dollars shall be authorized by any board or
officer of the city of Richmond on behalf of the city of Richmond,
such contract or order shall be submitted to the comptroller, whose
duty it shall be to state in writing endorsed on such paper whether
funds are available for the payment of the expenditure proposed to
be made by such contract or order; and any member of any such
board voting to create a debt against the city for work done, for
materials furnished ar to be furnished, or for any other municipal
purpose, or any such officer who shall make such contract or draw
such order, when there shall not be money already appropriated by
the council available to meet or pay such debt, shall thereby be
liable to suspension or removal from office, as provided by this
charter.
43. There shal] be appointed by the city comptroller, one col-
lector of city taxes for the city of Richmond, who shall hold his
office during good behavior; subject, however, to be removed from
office by the city comptroller. He shall give bond to the city of
Richmond for the faithful discharge of the duties imposed upon
him as such collector by the charter and ordinances of the city of
Richmond with sureties satisfactory to the citv attorney, to the
amount of not less than fifty thousand dollars, or in such larger
amount as may be prescribed by the city council; said bond shall be
filed with tlie city clerk and preserved and kept among the records
of the council.
The collector shall appoint as many deputies or assistants as may
be necessary, and shall maintain an office south of the James river
in the former territory of the city of Manchester, for the collection
of all taxes and public dues of every kind, including water and gas
bills, whether current or delinquent, assessed or due from the south
side of James river and all bills and records in connection with such
taxes and dues shall be kept at said office.
44, The said collector shall receive all moneys belonging to the
city and collect all assessments, Jevies and taxes and shall keep his
office in the city hall or other place as may be required by the coun-
cil. He shall have the custody of the corporate seal. He shall keep
his books and accounts in such manner as the city comptroller may
prescribe, and such books and accounts shall always be subject to
the inspection of the mayor, comptroller and any member of the
city council, or any officer, committee or committees thereof.
45. No moneys shall be paid out by the collector except upon the
warrant of the comptroller, issued as hereinbefore provided, and he
shall keep a separate account of each fund or appropriation and the
debits or credits belonging thereto.
46. All moneys to be paid into the treasury of the city, and such
other assessments as the city council may ordain, except taxes, water
and gas bills, shall be paid by the person lable to pay the same, or
his agent, into the treasury in the following manner: A warrant
shall first be obtained from the comptroller directing the collector
to receive the sum to be paid, specifying on what account the pay-
ment is to be made. Upon the payment of the money into the treas-
ury the collector shall give a receipt for the same, which shall be
carried to the comptroller, and his receipt therefor shall be the
acquittance of the party making the payment. The collector shall
keep an account thereof and make daily reports of such receipts to
the comptroller.
47, The collector shall, at the end of each and every month, and
oftener if required, render under oath an account to the comptroller
showing the state of the treasury at the date of such account, and
the balance of moneys in the treasury. He shall also, if required so
to do by the comptroller, accompany such account with the state-
ment of all moneys received into the treasury and on what account.
with a list of all outstanding warrants not paid by him during the
month.
48. The collector shall also report to the comptroller at the end
of each fiscal year and oftener, if required, a full and detailed ac-
count of all receipts and expenditures during the preceding year, and
the state of the treasury. He shall keep a register of all warrants;
their date, amount, number, the fund from which paid, and the
person to whom paid, specifying also the time of payment; and all
such warrants shall be examined at the time of making such annual
report to the comptroller, and compared with the books of the comp-
troller in order to ascertain any discrepancy or difference between
the warrants issued by the comptroller and paid by the collector.
_ 49. All moneys received on any special assessment shall be held
in the treasury as a special fund, to be applied to the payment for
which the assessment was made, and shall be only drawn upon for
the purpose of satisfying the expense of making the improvement
for which such assessment or some other assessment for public im-
provement was made. ,
50. The collector shall keep all moneys in his hands belonging
to the city in such place or places of deposit as the comptroller may
direct. Such moneys shall be kept distinct and separate from his
own moneys; and he is hereby expressly prohibited from using.
either directly or indirectly, the corporation money, or warrants in
his custody and keeping for his own use and benefit, or that of any
person or persons whomsoever any money of the city in his hands:
and any violation of this provision shall subject him to immediate
removal from office by the comptroller.
51. It shall be the duty of the collector on the first Monday in
ebruary of each succeeding year, to turn over to the comptroller of
he city all bills, assessments and accounts for all preceding vear:
ipon which there shall then remain unpaid any part of any tax o1
issessment due the city; and thereupon the said comptroller shal!
urn over the same to an assistant collector of taxes, to be known as
he collector of delinquent taxes and to be appointed by the comp.-
roller, who shall hold his office during the pleasure of the comp-
roller and until successor shall be elected and qualify, unless soone1
emoved from office. He shall perform such duties and give such
ond as may be prescribed by the comptroller, the said bond not tc
e for a sum of less than five thousand dollars, and shall receive such
compensation as the city council may prescribe. It shall be the duty
of said collector of delinquent taxes to conduct all the proceedings.
and render all the service necessary to perfect the sale and trans-
fer of real estate in said city, where the same shall be sold or adver-
tised for sale, for the non-payment of any tax or assessment im-
posed by law, as hereinafter provided. The said collector of delin-
quent taxes shall have the same power to collect all bills, assessments
and accounts delivered to him as are conferred by law upon the
treasurers of counties for the collection of State taxes.
52. The said comptroller may appoint a deputy or deputies to
assist the collector of delinquent taxes. During the continuance in
said office of the said collector of delinquent taxes, a deputy of his
may discharge any of the duties of the office of collector of delin-
quent taxes, but the collector of delinquent taxes and his sureties
shall be liable therefor.
53. If the said collector of delinquent taxes shall receive any
money for taxes or assessments, giving a receipt therefor, for any
land or parcel of land, and afterwards sell the same at any sale for
tuxes or assessments, for the tax or assessment which has been so
paid and receipted for by himself or his deputy, he and his sureties
shall be liable to the holder of the certificate given to the purchaser
at the sale for double the amount on the face of the certificate, to be
demanded within three years from the date of the sale, and recov-
ered in any court having jurisdiction of the amount; and the city
shall in no case be liable to the holder of such certificate. ,
54. -There shall be elected by the qualified voters of the city of
Richmond one commissioner of the revenue, who shall hold his office
for a period of four years, and until his successor shall be elected
and qualify, unless sooner removed from office. He shall give bond.
with sureties, to the amount of not less than five thousand dollars
payable to the city of Richmond, said bond to be approved by the
city attorney, and filed in the office of the city clerk. In case a
vacancy shall occur in the office of commissioner of the revenue, said
vacancy to be filled in the mode prescribed by law for the unexpired
term.
55. The commissioner of the revenue shal] perform all the duties
in relation to the assessment of property for the purpose of levying
city taxes thereon. He shall keep his office in such a place as may be
designated and prescribed by the city council, and if the place sc
designated be in the city hall or other building belonging to the
city he shall pay a reasonable compensation for such use. In fixing
such charge or rental, however, the city council shall have due regard
to the fact that a part of the necessary use of such place is for the
benefit of the city, and the said commissioner shall keep therein the
books, schedules and records necessary for the proper assessment and
levy of city taxes; which books, schedules, records and other papers
shall be subject to the inspection and examination of the mayor
comptroller, the members of the city council, or any officer, com.
mittee or committees thereof, and the collector of city taxes.
57. As soon as said commissioner of the revenue shall have as-
certained the nature, taxability and value of all real and personal
property taxable in said city, he shall make complete schedules of
the same, the values of the several properties entered in such sched-
ules and the levies imposed thereon, and leave them in his office open
to the inspection and examination of all persons interested therein ;
and he shall give notice by six days’ publication in two of the daily
newspapers of said city of the time and place, when and where such
inspection and examination may be made. Such schedules shall be
kept open for the period of ten days from the time of the first pub-
lication of such notice, so that any person feeling aggrieved by the
assessment of any levy on his property may appear and make his
objection. The said commissioner of the revenue shall hear and con-
sider all objections that may be made, and shall have the power to
alter, add to, take from and otherwise correct and revise the assess-
ment and levy, either or both; and he shall have power to examine
any person on oath as to the value of his personal property, or cor-
rectness of the levy thereon, and also to examine under oath such
other persons as witnesses in relation thereto as he may deem proper,
and for that purpose may administer oaths and issue process to
compel the attendance of witnesses before him. Any person feeling
aggrieved at the decision of the said commissioner of the revenue in
the premises may appeal to the city council for redress, whose decis-
ion shall be final; provided, however, that in every case the assess-
ment of the value of real estate and personal property for purposes
of city taxation shall be the same as the assessment thereof for pur-
poses of State taxation, where there shall be a State assessment of
such property. Any person who shall refuse to make under oath a
full disclosure of all the facts necessary to enable said commissioner
of the revenue to make a fair and just assessment of his taxable
property, when duly called upon by said commissioner of the revenue
so to do, or to answer such questions as may be put to him in rela-
tion thereto, shall be assessed a gross sum, in the judgment of the
commissioner of the revenue, double the correct assessment of his
taxable property. ,
58. The commissioner of the revenue may, with the consent
of the mayor, appoint an assistant or assistants, who may be re-
moved from office by the commissioner. During the continuance in
office of the said commissioner an assistant of his may discharge
any of the duties of the office of commissioner; but the commissioner
and his sureties shall be liable therefor. The council of the city of
Richmond, on the recommendation of the comptroller, may fix the
xompensation of the commissioner of the revenue for services ren-
Jered the city.
59. The city council may, in the name and for the use of the
‘ity, contract loans or cause to be issued certificates of debt or bonds;
yut such loans, certificates, or bonds, shall not be irredeemable for a
yeriod greater than thirty-four years, but the bonds or interest-bear-
ng debt of the city of Richmond shall not, in the aggregate, exceed
sighteen per centum (18%) of the assessed value of the taxable real
estate of said city; and any excess of such bonded or interest-bearing
debt over and above the limit herein prescribed, which may be cre-
ated or issued in violation of this provision, shall be void as to said
city.
60. There shall be set apart annually, from the accruing reve-
nues of the city, a sum not less than one per centum of the city debt
existing at the commencement of this act. The fund thus set apart
shall be called a sinking fund, and shall] be applied to the payment
or purchase of the principal of the city debt. If no part be redeem-
able, then the residue of the sinking fund shall be invested in the
bonds or certificates of debt of the city, and applied to the payment
of the city debt as it shall become redeemable. Whenever hereafter
there shall be contracted by the city any debt not payable within
the next twelve months, there shall be set apart annually for thirty-
four years, or until the debt is paid, a sum exceeding by one per
centum the aggregate amount of the annual interest agreed to be
paid thereon at the time of the contract, which sum shall be applied
and invested towards the payment of such debt in the same manner
as hereinbefore provided for the present existing debt of the city.
The committee, board, or city officials, having charge of the sinking
fund, under the authority of the city council, may invest the funds of
the sinking fund not only in the bonds of the city, but also in those
issued by the State of Virginia or by the United States. Such com-
mittee, board or city officials shall make to the city council quarterly
detailed statements of all the transactions of the board, setting forth
the amount and character of their assets, investments, transfers, is-
sues, exchanges or other business of whatever character, including a
statement of what, if any, be due by the city. The purchase made
of the city bonds may be made directly from the city.
61. For the execution of its powers and duties, the city council
may raise annually, by taxes and assessments in said city, such sums
of money as they shall deem necessary to defray the expenses of the
same, and in such manner as they shall deem expedient, in accord-
ance with the laws of this State and of the United States, and may
by curative ordinance ratify and confirm irregular assessments and
levies of taxes, heretofore or hereafter made, and the actings and
doings of all ministerial officers in connection therewith, and any
such ordinance heretofore passed is hereby validated and confirmed:
provided, however, that they shall impose no tax on the bonds of
said city, nor on any capital] invested in real estate or employed in
manufacture outside the city limits, although the person or persons
engaged in said business or manufacture have a place of business in
said city. Neither shall they impose any tax at the same time upon
the stock of the corporation, and upon the dividends thereon; nor
upon any capital, interest, income, or dividends. when a license or
other tax is imposed upon the business in which the capital is em-
ployed, nor upon the principal money, credit or stock from which
the interest, income or dividend is derived, nor upon the capital of
any bank or banking association organized under the authority of
this State or of the United States, nor upon capital of any trust or
security company chartered by this State,.but the stockholders in
such~banks, banking associations, trust and security companies may
be assessed and taxed on their shares of stock therein. The capital
invested in all business operations shall be assessed and taxed as
other property. Assessments on all stock shall be according to the
market value thereof.
62. The city council may grant or refuse licenses, and may re-
quire taxes to be paid on such licenses, to agents of insurance com-
panies whose principal office is not located in said city; to auc-
tioneers, to public theatrical or other performances or shows; to
keepers of billiard tables, tenpin alleys and pistol alleries; to hawk-
ers and peddlers in the city, or persons to sell goods by sample there-
in; to agents for the sale or renting of real estate; to commission
merchants, and all other business which cannot, in the opinion of
the council, be reached by the ad valorem system under the precedin
section. They may also grant or refuse such license to all sellers o
wine or spirituous or fermented liquors to whom the State grants
such licenses, and require taxes to be paid therefor in addition to
those imposed by the State.
63. The council may grant or refuse licenses to owners or keep-
ers of wagons, drays, trucks, carts, hacks and other wheeled con-
veyances of all sorts kept or employed in the city for hire, and may
also require the owners or keepers of the same using them in the
city, to take out a license therefor, and may require taxes to be paid
thereon, and subject the same to such regulations as they may deem
proper, and may prescribe their fees and compensation for such use.
64. The collector of city taxes and of assessments for the use
of water, gas or for other purposes shall have all of the powers
which are now vested in or which may hereafter be conferred upon
the treasurers of the counties of the State for the collection of
State taxes,
65. All goods and chattels, wheresoever found, may be dis-
trained and sold for taxes assessed and due thereon; and no deed
of trust or mortgage upon goods or chattels shall prevent the same
from being distrained and sold for taxes assessed against the grantor
in such deed while such goods and chattels remain in the grantor’s
possession, or shall not have been removed therefrom more than
thirty days; nor shall any such deed prevent the goods and chattels
conveved from being distrained and sold for taxes assessed thereon.
no matter in whose possession they may be found.
66. Any payment of taxes on real estate made by the tenant.
unless an express contract contained in his lease provides otherwise.
shall be a credit against the person to whom he owes the rent, and
where any tax is paid by a fiduciary on the interest or profits of
moneys of an estate invested under an order of the court or other-
wise, the tax shall be refunded out of such estate.
G7. There shall be a lien on all real estate and on each and
every interest therein for the city taxes assessed thereon from the
commencement of the year for which they are assessed. The city
council may require such real estate in the city, delinquent for the
non-payment of taxes, to be sold for said taxes, with interest at the
rate of six per centum per annum, and such percentage as they may
prescribe for charges. Such real estate shall be sold and may be
redeemed under the provisions hereinafter made. (1899-1900, p. 944;
city code, 1910 p. 82, sec. 3.)
68. The collector of delinquent taxes shall, under the direction
of the city council, cause a notice of the time and place of such sale
to be published in at least two daily newspapers, published in said
city, at least ten days previous to such sale; and he shall also cause
to be published in one or more of said daily newspapers on some day,
not more than twenty days or less than ten days, previous to such
sale, a list of the several parcels of real estate so to be sold in the
same manner as the same is described in the assessment rolls in which
the said tax or assessment is imposed thereon, together with the name
of the persons to whom each parcel is assessed, and the amount of
the tax or assessment thereon. (1899-1900, p. 945.)
69. If such tax or assessment, and the percentage, interest and
expenses aforesaid be not paid previous to the day for which said
sale was advertised, or on some day immediately thereafter, to which
said sale may be adjourned, the collector of delinquent taxes shall
proceed to make sale accordingly of the said several parcels of real
estate, or so much thereof as may be necessary, to the highest bidder;
and the sale may be adjourned from day to day until it shall be
completed. On such sale the collector of delinquent taxes shall
execute to the purchaser a certificate of sale, in which the property
purchased shall be described, and the aggregate amount of the tax
or assessment, with charges and expenses sprecified; but the collector
of delinquent taxes shall not for himself. either directly or indirectly,
purchase any real estate so sold. (1885-6, p. 2-44.
70. If at any such sale no bid shall be made for any such parcel
of land, or such bid shall not be equal to the tax or assessment, with
interest and charges, then the same shall be struck off to the city.
As soon as practicable after the completion of such sales, the col-
lector of delinquent taxes shall make out a list of all sales made to
the city, in which the property purchased shall be described. and the
aggregate amount of tax or assessment with charges and expenses
specified, and shall deposit the same with the auditor of the city.
(1899-1900, p. 945.)
71. The owner of any real estate so sold, his heirs or assigns, or
any person having a right to charge such real estate for a debt, or
any person having interest in said real estate by way of reversion,
remainder or otherwise, may redeem the same by payment to the
purchaser, his heirs or assigns, within two years from the sale there-
of, the amount for which the same was sold, and such additional
taxes thereon as may have been paid by the purchaser, his heirs or
assigns, with interest on the purchase money at the rate of six
per centum (6%) per annum from the time the same may have been
paid; or, if purchased by the city, with such additional sums as
would have accrued for taxes thereon, if the same had not been pur-
chased for the city, with interest on the said purchase money and
taxes at the rate of six per centum (6%) per annum from the time
that the same may have been so paid, or the same may be paid within
the said two years to the collector in any case in which the pur-
chaser, his heirs, or assigns, may refuse to receive the same, or may
not reside or cannot be found in the city of Richmond.
72. Any infant, married woman, insane person, or person 1m-
prisoned, whose real estate may have been sold, or his heirs, may
redeem the same by paying to the purchaser, his heirs or assigns,
within two years after the removal of the disability, the amount
for which the same was so sold, with the necessary charges incurred
by the purchaser, his heirs or assigns, in obtaining the title under
the sale, and such additional taxes on the estate as may have been
paid by the purchaser, his heirs or assigns, and the appraised value
of any improvement that may have been made thereon, with interest
on the said items at the rate of six per centum (69) per annum,
from the time the same may have been paid. Upon such payment
within two years after the removal of such disability the purchaser,
his heirs or assigns shall, at the cost of the original owners, his heirs
or assigns, convey to him or them, by deed with special warranty, the
real estate sold.
73. The purchaser of any real estate. sold for taxes and not
redeemed, shall, after the expiration of two years from the sale,
obtain from the comptroller a deed conveying the same, wherein
shall be set forth what appears in his office in relation to the sale.
When the purchaser has assigned the benefit of his purchase, the
deed may, with his assent, evidenced by his joining therein, or by
writing annexed thereto, be executed to his assignee. If the pur-
chaser shall have died, his heirs or assigns may move the court of
hustings of said city to order the comptroller to execute a deed to
such heirs or assigns.
74. When the purchaser of any real estate sold for taxes, his
heirs or assigns, shall have obtained a deed therefor, and within
sixty days from the date of such deed shall have caused the same to
be recorded, a fee simple estate shall stand vested in the grantee in
such deed at the commencement of the year for which the said
taxes were assessed; subject to be defeated only by proof that the
taxes for which said real estate was sold were not chargeable there-
on, or that the taxes properly chargeable on such real estate have
been paid. And if it be alleged that the taxes, for the non-payment
of which sale was made, were not in arrears, the party making such
allegations must establish the truth thereof by proving that the
taxes were paid; but nothing in this section shall be construed to
affect or impair the lien of the city on the real estate and on each
and every interest therein, or affect, limit or impair the right of the
city, when it becomes a purchaser of real estate under the next suc-
ceeding section.
75. Incase that any real estate, struck off to the city as herein-
before provided, shall not be redeemed within the time specified,
the comptroller shall, within sixty days after the expiration of two
years from the sale, cause‘to be recorded in the clerk’s office of the
chancery court, and as to such property as shall lie on the south
side of the James river, shall cause to be recorded in the clerk’s
office of the hustings court, part two, of the city of Richmond, Vir-
ginia, a certificate of sale with his oath that the same has not been
redeemed, and thereupon the said corporation, or its assignee, shall
acquire an absolute title in fee to such real estate and every interest
therein, for life, in reversion, in remainder and otherwise, subject
to be defeated only by proof that the taxes for which said real es-
tate was sold were not properly chargeable thereon, or that the
taxes properly chargeable thereon had been paid at the time of the
execution of such certificate. The said certificate shall be recorded
in the said clerk’s office in a record book known as “deed book, re
cording conveyancts to city, of lands sold for delinquent taxes.” for
recording which certificate the clerk shall be entitled to a fee of
ten cents, payable out of the city treasury. The city council may
Impose penalties upon its officers for their failure to comply with
the requirements of this section. The said certificate, or the record
thereof, or a certified copy thereof, shall, in all courts and other
places, be evidence of the facts therein stated; provided, however,
that the failure to obtain or record such certificate shall not in-
validate the lien of the city for all taxes assessed against such real
estate, but the city may. at any time, elect to enforce its len for
taxes in a court of equity and release its right as purchaser, or to
become a purchaser, of such real estate.
Department of Public Works.
76. There shall be appointed, as hereinbefore provided. a suit-
able person to be known as “director of public works.” He shall
keep his office in the city hall or such other place as mav be desig-
nated and prescribed by the city council. Upon his qualification, as
hereinbefore provided, he shall give bond with sureties to the amount
of not less than ten thousand dollars before entering upon the duties
of his office. or a larger sum may be required bv the citv council
before or after he shall have entered upon the duties of his office.
77. The director of public works shall have power to appoint
such number of officers, assistants, clerks and employees as he may
deem necessary for the proper administration of his department, and
fix their compensation and wages, subject, however, to the approval
of the advisory board, as hereinbefore provided, but such officers.
assistants, clerks and employees may be removed at any time by the
said director of public works.
78. The said director of public works shall be the general super-
intendent of the streets, culverts, cemeteries and all public improve-
ments. He shall make such surveys, reports, drawings, plans, speci-
fications and estimates needed in any department of the city govern-
ment, when requested by the head of such department, and perform
such other duties as the advisory board may require of him. All
surveys or other acts which may be made or done by said director
shall be as valid and effectual as if the same were done by a sur-
veyor of a.county, and any map or plan of the city, or a part thereof
now on file in his office, formerly known as the city engineer’s office,
or hereafter made and filed therein, made in pursuance of any ordi-
nance of the city or statute of the State, and specially the map ap-
proved by resolution of the council of June twenty-fourth, eighteen
hundred and seventy-two (1872), on file in his office, formerly
known as the city engineer’s office, or a copy of such map, shall be
prima facie evidence in the courts of the Commonwealth of the
boundaries and lines of the streets, alleys and other public places
of the city shown thereon. He shall keep his office in such place as
the city council may direct, and shall keep therein all maps, drawings
and papers pertaining to his office. All books and papers in his
office shall be open at all times to the inspection of the mayor, the
advisory board, to the members of the city council, or to any officer,
committee or committees thereof.
Department of Public Welfare.
79. There shall be appointed, as hereinbefore provided. a suit-
able person to be known as “director of public welfare.” He shall
keep his office in the city hall, or such other place as may be desig-
nated and prescribed by the city council. Upon his qualification, as
hereinbefore provided, he shall give bond with sureties to the amount
of not less than five thousand dollars before entering upon the duties
of his office, or a larger sum may be required by the city council be-
fore or after he shall have entered upon the duties of his office.
80. The said director shall have the general management and
control of the public health, sanitation, public markets, milk and
and food supplies, public hospitals and sanitariums, public baths,
public charities. and private hospitals to the extent of being author-
ized to inspect the same under rules and regulations to be prescribed
by the council of the city of Richmond, the city employment bureau
and such other activities and enterprises as may be determined by
the council and may appoint such officers, assistants, clerks and em-
ployees as he may deem necessary for the proper administration of
his department, subject, however, to the approval of the advisory
board, as hereinbefore provided, but such officers, assistants, clerks
and employees may be removed at any time by the said director of
public welfare.
Department of Public Utilities.
81. There shall be appointed, as hereinbefore provided. a suit-
able person to be known as “director of public utilities.” He shall
seep his office in the city hall or such other place as may be desig-
nated and prescribed by the city council. Upon his qualification, as
rereinbefore provided, he shall give bond with sureties to the amount
»f not less than five thousand dollars before entering upon the duties
yf his office, or a larger sum may be required by the city council be-
fore or after he shall have entered upon the duties of his office.
82. There shall be appointed, as hereinbefore provided. a suit-
able person, to be known as “director of public safety.” He shall
keep his office in the city hall or such other place as may be desig-
nated or prescribed by the city council. Upon his qualification, as
hereinbefore provided, he shall give bond with sureties to the amount
of not less than five thousand dollars, before entering upon the duties
of his office, or a larger sum may be required by the city council
before or after he shall have entered upon the duties of his office.
83. The said director of public safety shall have the general
management and control of the police and fire departments, weights
and measures, public buildings, and the construction, repair, main-
tenance and safety of private buildings, and he is hereby authorized
to appoint a chief of the police department, a chief of the fire de-
partment, a chief of the fire alarm and police telegraph, a building
inspector, and an inspector of weights and measures, and such other
officers, assistants, clerks and employees as he may deem necessary
for the proper administration of his department, subject, however,
to the approval of the advisory board, as hereinbefore provided, but
such officers, assistants, clerks and employees may be removed at any
time by the said director of public safety.
84. The director of public safety shall adopt; establish, pro-
mulgate and enforce rules, regulations and orders for the govern-
ment of the police force; he may divide the city into such police
districts as he may deem proper for the best management of the
police force, and the prevention and detection of crime, and may al-
ter and change the same from time to time; he shall have authority
to investigate all matters pertaining to the police department and for
that purpose to send for persons and papers and administer oaths
to witnesses. |
85. The director of public safety, under rules and regulations to
be established by himself, may retire members of the police depart-
ment for inability to perform their duties.
86. The director of public safety shall appoint a suitable person
as chief of police and a suitable person as surgeon of police, either
of whom may be removed at his pleasure. The compensation for the
services of the surgeon of police shall be paid out of a fund to be
raised by levying a tax not exceeding one dollar per month upon
each member of the police force, but in no event shall the city be
liable for the said compensation or any part thereof. The chief of
police shall appoint, subject to the approval of the director of pub-
lic safety, the members of the police force of the city, but such force
shall not be reduced below one hundred and fifty men. The terms
of the officers and members of said force shall be during good be-
havior and efficiency. The chief of police shall have power to ap-
point from the force, subject to the approval of the director of pub-
lic safety, as many captains, lieutenants and sergeants as he may
deem necessary for the efficient discipline of the force and for the
enforcement of the criminal laws of the Commonwealth, and the en-
forcement of the charter and ordinances of the city of Richmond.
The chief of police shall be responsible to the said director for the
discipline and efficiency of the force. All orders shall pass through
the chief of police except so far as the rules, regulations or orders
established by the said director provide otherwise. Any officer or
member of the force may be fined by the chief of police for good
cause shown, such fine to be deducted from his pay, or may be re-
moved or suspended, subject to the approval of the said director.
from the force or reduced in rank when the same shall be, in the
judgment of the chief of police, for the good of the service.
88. For the further preservation of the public safety the city
council shall have power to provide for the establishment, equip-
ment, and maintenance of a body of citizens to be known as home
defense league, the members of which shall be sworn in as special
police, and, when called in service, shall have all the powers and
authority of the members of the regular police force; and the council
shall likewise have authority to make such appropriation or appro-
priations as may be necessary to arm, equip. uniform and maintain
the said home defense league, or they may be allowed, at their own
charges, previous to being called into active service, to provide for
the expense of such arming, equipment, uniforming and mainten-
ance. They may be called into active service by the director of pub-
lic safety with the approval of the mayor, but shall not be required
to act beyond the limits of the jurisdiction of the city of Richmond,
except when called upon to protect any public property belonging to
said city, which may be located beyond its boundaries. The members
of the said home defense league shall serve without compensation.
89. The said chief of police, and every policeman duly appoint-
ed, as aforesaid, shall have issued to him a warrant of appointment,
signed by the said director and countersigned by the city clerk, stat-
ing the date of his appointment, which shall be his commission; and
he shall take such oaths as the city council may ordain, and subscribe
the same in a book to be kept for that purpose by the said city clerk.
90. The chief of police and policemen shall generally have power
to preserve the good order and peace of the city, and to secure the
inhabitants from personal violence and their property from loss
and injury, and they may arrest offenders for the violation of any
ordinance committed in the presence of such chief or policeman.
Such members of the said police force as the said director may desig-
nate, shall, in criminal cases, have the same powers and duties and
92 subject to the same penalties that are prescribed by law as to con-
tables. All fees and allowances arising from the exercise of such
yowers Shall be collected by the chief of police and held subject to
he order of the said director.
91. The said chief of police may prescribe such uniform and
adges for the police force as he may deem proper, and change the
ame after six months’ notice and shal] direct in what manner they
hall be armed. And if any person, other than a policeman, shall
yublicly wear such uniform and badges as may be prescribed as
.foresaid, he may be subjected to such fine not exceeding the sum of
me hundred dollars, as the city council may advise.
92. And in order to carry out more effectually the provisions of
this charter the said director of public safety is hereby vested with
such police power as is conferred by State Jaw on constables.
93. The chief, assistants and other members of the fire depart-
ment shall be appointed to serve during good behavior and efficiency,
and the said director, under rules and regulations to be established
by him may retire the members of the fire and fire alarm depart-
ments for incapacity to perform their duties, and the chief of the
fire department, subject to the approval of the director of public
safety, shall appoint the members of the fire department.
94. For the purpose of guarding against the calamities of fire.
the city council may, from time to time, designate such portions and
parts of the said city as it shall think proper ‘within which no build-
ing of wood shall be erected. They may prohibit the erection of
wooden buildings in any portion of the city without permission ob-
tained from them. They may authorize the director of public safe-
ty to permit the erection of wooden buildings in any portion of the
city, except such as the council may have designated as portions with-
in which no buildings of wood shall be erected ; provided, however,
that no building of wood or addition to such a building shall be
erected in any square of the city, when and after the owner or
owners of at least one-fourth of ihe ground included therein shall
have petitioned the council by a petition filed with the city clerk
to prohibit the erection in the said squares of buildings of wood
unless the outer walls of the building to be erected shall be made of
brick and mortar, or stone and mortar or some other fire-proof mate-
rial, and may provide for the removal of any such building or addi-
tion which shall be erected contrary to such prohibition, at the ex-
pense of the builder or owner thereof, and if any building shall have
been commenced before said petition can be acted on by ‘the council,
or if a building in progress appears clearly to be unsafe, the council
may have such building taken down. For the purpose of guarding
against fire and of insuring the erection of safe buildings, the coun-
cil may pass any reasonable regulation as to the manner and mate-
rials of construction of all buildings.
CHAPTER 5.
The Judiciary.
97. There shall be elected by the qualified voters of said city at
the general election preceding the expiration of their terms of office,
and every eight years thereafter, one clerk for the circuit court, one
clerk for the hustings court, one clerk for the law and equitv court,
one clerk for the hustings court, part two. of the city of Richmond,
and one clerk for the chancery court of the city of Richmond. who
shall serve for the period of eight years, and until their respective
successors shall be elected and qualify. They shall receive in com-
pensation for their services the fees and emoluments allowed them
respectively by law or ordinance.
98. There shall be elected at the general election preceding the
xpiration of his term of office, and every four years thereafter, by
he qualified voters of said city, one Commonwealth’s attorney for
he circuit court, who shall also prosecute in all cases in the hustings
ourt of the city of Richmond, he shall hold his office for a term of
four years and until his successor be elected and qualify, unless
sooner removed, and shall receive such compensation for his services
is may be prescribed by law. There shall also be an assistant attor-
ney for the Commonwealth, who shall be appointed every two years
by the judge of hustings court, part two, to prosecute the pleas of
the Commonwealth in that court, and generally to attend to the
criminal business arising in the territory of the former city of Man-
chester. He shall receive a salary of not less than one thousand
dollars per annum, and may be removed by the hustings court, part
two, or the judge thereof in vacation, at any time for good cause.
99. There shall be elected at the general election preceding the
expiration of his term, and every four years thereafter, by the quali-
fied voters of said city, one sheriff who shall, on or before the first
day of January next succeeding his election, qualify before the cir-
cuit court of said city, or the judge thereof in vacation, and give
bond with surety, in such penalty as may be required, by the said
court or judge, so that the same be not less than five thousand nor
more than twenty thousand dollars. If such qualification be in
vacation, the certificate thereof and the bonds shall be returned to
the clerk of the said circuit court, who shall enter the said certificate
in the order book of the said court and record the said bond. The
said court may, whenever in its opinion it is necessary for the pro-
tection of the public interest, upon a rule awarded against such offi-
cer, require him to give new bond, or an additional bond. If the
said sheriff shall fail to qualify and give bond on or before the first
day of January next succeeding his election, or shall fail to give a
new bond or an additional bond within ten days after an order shal
have been made requiring the same to be given, in either case his
office shall be deemed vacant. Such new bond or additional bonc
may be given in court, or before the judge thereof in vacation, anc
when given in vacation the judge shall certify the fact and returr
the bond to the clerk of his court, who shall file and record the sam:
in his office. The said sheriff, by himself or one of his deputies, shal
attend the circuit, law and equity, and the chancery court of saic
city, and act as the officer of said courts. He shall exercise the sam
powers, perform the same duties, have the same fees and compensa
tion therefor, and be subject to the same penalties touching all pro
cess issued by said courts, or by the clerks of said courts or other
wise lawfully directed to him, that the sheriff of a county exercises
performs and is entitled or subject to in his county.
100. There shall be elected at the general election preceding th
expiration of his present term of office, and every four years there
after, by the qualified voters of the said city, one city sergeant, wh:
shall serve for four years and until his successor be elected and quali
nt unless sooner removed. He shall keep his office in such place a
the city council may provide and appoint, and shall receive suc
compensation for his services as the council shall determine. He
Shall act as city jailer, pay the salaries of all the deputies or guards
deemed by the hustings court necessary for the safekeeping, com-
fort and protection of the prisoners in the city jail. and the city shall
in no wise be responsible for the compensation of such guards, ex-
cept guards appointed by the court when the same are necessary on
account of the insecurity of the jail. Before entering upon his of-
fice the said city sergeant shall give bond and security in such amount
as the hustings court may determine, not, however, to be less than
five thousand dollars, which bond shall be approved by the said court
and entered on its records and filed in the office of the clerk of said
court.
There shall be a sergeant of the hustings court, part two, ap-
pointed by the judge of that court, whose duty it shall be to attend
its sessions, act as its bailiff in the preservation of order, execute all
process emanating therefrom, and perform such other duties as may
be required of him by the court. Such deputies, also, to the said ser-
geant, shall be provided as the public service may demand. The ser-
geant or his deputies shall be removable by the judge of said court
at any time for good cause. The sergeant and his deputy, or depu-
ties, shall receive as their compensation such salary, or salaries, as
may be provided by existing laws.
102. There shall be elected by the qualified voters of the city of
Richmond, at the general election preceding the expiration of his
term of office, one high constable for said city, who shall hold his
office for the term of four years, and until his successor be appointed
and qualify, unless sooner removed from office, and who shall be
the ministerial officer of the civil justice’s court, and all processes
and summonses emanating from said court shall be executed by him
or his deputies. Said high constable shall keep his office in such con-
venient place in the citv as may be designated by the city council,
and if such place so designated is in the city hall or other building
belonging to the city of Richmond he shall pay a reasonable com-
pensation for such use. He shall in civil cases have the same powers
and duties and be subject to the same penalties as prescribed by law
to other constables, and shal] perform such duties as the city council
may ordain and as otherwise prescribed by law, not in conflict with
the provisions of this charter, the laws of this State, or the laws of
the United States.
103. Before entering upon the duties of his office, the said high
constable shall give bond and security, in such amount. as shall be
required by the hustings court, before whom he shall qualify, not,
however, to be less than five hundred dollars, for the faithful dis-
charge of the duties of his office; which bond shall be approved by
the said court entered on its records and filed in the clerk’s office of
said court. Said high constable shall appoint one or more deputies
to attend to and execute the duties of his office: but the sureties on
the bond of the high constable shall be equally liable for the acts of
the deputy or deputies as for those of their principal.
104. The sergeant of the city of Richmond shall be the officer of
the hustings court. The sheriff of the city of Richmond shall be
the officer of the circuit court, law and equity court, and the chan-
cery court of the city of Richmond.
105. There shall be appointed by the city council one police
justice, who shall hold his office for the term of four years, and until
his successor shall be elected and qualified, unless sooner removed
from office. The police justice shall hold a court daily (Sunday
excepted) in said city, in such place as the city council may provide.
The jurisdiction of the police justice shall extend to all cases arising
within the jurisdictional limits of the city of which a justice of the
peace may take cognizance under the laws of the State, and to all
cases arising under the charter and ordinances of the city.
Provided, however, that there shall be a police court known as
police court, part two, which shall be held by a police justice within
the former territory of the city of Manchester for the trial of all
cases, civil and criminal, arising within the limits of the city of Rich-
mond so far as said limits he on the south side of James river and so
far as such cases are properly triable by a police justice, and such
police justice shall be elected in the same manner and for the same
term as is provided in this charter for the police justice of the city
of Richmond.
Such justice shall have such other powers and jurisdiction as may
be conferred upon him by the city council, not in conflict with the
Constitution and laws of the United States and of the State of
Virginia. The city council may provide for the appointment of such
clerks and officers for said court of the police justice, and make such
rules concerning admission to the court room and the maintenance
of good order therein during the sitting of the said court, as they
may deem proper. If any person who has been duly summoned as
a witness to attend and give evidence before the police justice, touch-
ing any matter or thing under the charter or any ordinance of the
city, shall fail to attend in obedience to said summons, he or she shall
be fined, at the discretion of the said justice, in a sum not exceeding
twenty dollars.
106. There shall be elected by the qualified voters of each ward
three justices of the peace for each ward of the said city, who shall
be residents of their respective wards, and shall hold office for the
term of four years, and until their successors be elected and qualify,
unless sooner removed from office. They shall be designated by the
city council, as first, second, third, et cetera, justices. The said jus-
tices of the peace shall be conservators of the peace within the limits
of the corporation of Richmond, and shall have the same powers
and duties within said limits as are provided by law in respect to
justices of the peace in the counties of this State, in their respective
counties. Whenever the police justice shall be absent from the
city, or unable from any cause to hold his court, the same shall be
holden by the judge of the police court, part two, of the city of
Richmond, but such judge while so holding said court shall not be
entitled to any compensation therefor. Provided, however, that in
the event of the absence or disability of both the police justice and
the judge of the police court, part two, the mayor of the city of
Richmond shall designate some justice of the peace to act in the
place of the police justice, whose compensation while so acting shall
be ten dollars per day. The council may designate any one or more
of the justices, not exceeding three, to hold a police court at any one
or more of the police stations in the city of Richmond for the hear-
ing of such misdemeanor and ordinance violation cases as may be
authorized by the ciiy council to be heard at such police stations,
under rules and regulations to govern same and with such compensa-
tion as may be prescribed by said council.
107. The council of the city of Richmond shall provide and
properly maintain suitable court rooms in the city hall for the fol-
lowing courts: ‘The hustings court of the city of Richmond, the
circuit court of the city of Richmond, the chancery court of the city
of Richmond, and the law and equity court of the city of Richmond,
where each of the several courts shall be held, and shall hear and
dispose of all cases or actions of which said courts have cognizance
respectively under the Constitution and statutes of the State. And
the council shall also provide and maintain suitable court rooms, in
such place as they may deem desirable, for the holding of the fol-
lowing courts: The civil justice’s court of the city of Richmond and
the juvenile and domestic relations court of the city of Richmond.
108. The clerks of the several courts of the city, including the
clerks of the police court, the civil justice’s court and the juvenile
and domestic relations court, shall each keep books or accounts ac-
curately showing the fees that they have collected; and also fines,
enalties, or other money, collected by them, respectively, and show-
ing in detail the authorized payments and expenses incurred by
them, respectively, in the administration of their office, on forms to
be prescribed by the special accountant of the city of Richmond, and
the sheriff of the city of Richmond, the high constable of the city of
Richmond, and the sergeant of the city of Richmond, shall each like-
wise also keep such books and accounts, all of which books and ac-
counts shall be open to the examination of the said special account-
ant, or other person who may be designated by the committee on fi-
nance of the council of the city of Richmond for that purpose. For
a failure on the part of any one of such persons to comply with
the foregoing requirements as to the keeping of books and accounts,
or the exhibiting of the same to the special accountant, such person
shall forfeit his office and be liable to a fine of not less than one
hundred dollars, recoverable before the police justice of the city of
Richmond. And it shall be the duty of the special accountant, or
other person designated by the said committee on finance for that
purpose as aforesaid, to make an examination of the books and ac-
counts hereinbefore required to be kept, and he shall make such
examinations as of the twenty-eighth day of February and the thir-
ty-first day of August of each year, and report in detail the result
of such examinations, in which reports shall be shown the aggregate
amounts of fees, compensation and emoluments received by each of
the persons hereinbefore mentioned; whether such fees, compensa
tion and emoluments are authorized by law, and what disposition ha
been made of the funds, if any, remaining in their hands, respective
ly, after the satisfaction of his own compensation and authorize
charges and expense against the same.
2. Be it further enacted by the general assembly of Virgini:
that the following sections designated eighteen-c, eighteen-d, eigh
teen-e, twenty-seven-a, twenty-seven-b, twenty-seven-c, twenty-seven
d, twenty-eight-a and eighty-one-a be, and they are hereby, added t
the charter of the city of Richmond.
18-c. The said eity clerk shall attend the meetings of eacl
branch of the council, and keep a record of their proceedings. H:
shall keep all papers that by the provisions of this act, or by th
direction of the city council, or either of its branches, are requirec
to be kept or filed with him. It shall also be his duty to make anc
present to the mayor a transcript of every ordinance, resolution o
order passed by both branches of the city council, all of which, i:
approved, or otherwise become law, shall be promptly printed, bounc
and indexed. He shall likewise transmit to the comptroller a trans
script of all ordinances, resolutions or orders appropriating money
or authorizing the payment of money, the issue of bonds or notes
and to the heads of all departments of the city government, all ordi
nances, resolutions or orders relating to their departments. He shal
likewise give information to parties presenting communications 01
petitions to the city council of the final action of the council on suct:
communications or petitions. He shall publish such reports and or.
dinances as the city council are required by this act to publish, anc
such other reports and ordinances as the said council may direct
and shall, in general, perform such other acts and duties as the city
council, or either branch thereof, may from time to time require of!
im.
18-d. Any officer, who by the provisions of the charter of Rich.
mond is required to be elected or appointed by thé city council, shall
be elected or appointed by the two branches in joint meeting. The
president of the board of aldermen shall preside at such joint meet.
ing, and each member of the two branches shall be entitled to one
vote in all joint meetings of the two branches.
18-e. All ordinances, resolutions and acts of the city council
hall be signed by the president of each branch, and shall be pre-
ented to the mayor for his approval, who, if he objects thereto, shall.
vithin five days after it shall have been presented to him for assent.
eturn it to that branch of the city council in which it originated.
vith his objection in writing, and if two-thirds of all the members
f each branch shall be of opinion that the ordinance, resolution or
ct ought to be passed, it shall, notwithstanding the objections of the
nayor, become a law.
27-a. There shall be elected by the people one commissioner
f the revenue, whose term of office shall be four years from the
rst day of January succeeding his election, and there shall be ap-
ointed by the council in joint session one city clerk, one sergeant-
at-arms of the city council, one city attorney, one city comptroller,
two police justices. one clerk to the police justice, and nine members
of the city school board, and each branch of the council shall be
authorized to appoint such oflicers and clerks as may be deemed
proper for the regulation of its proceedings and for the convenient
transaction of their business, the terms of which oflicers and clerks
so to be appointed shall be two years from the first day of July
succeeding their appointment, except as herein otherwise provided.
The city clerk shall appoint a suitable and qualified person as
assistant city clerk, who shall be ex-ollicio clerk of council commit-
tees, and whose compensation shall be fixed by the city council.
2%-b. The council may create such offices and elerkships as they
may deem proper, in addition to those herein provided for, and de-
fine their powers and prescribe their duties, and require bonds with
sureties in proper penalties, pavable to the city by its corporate name,
with condition for the faithful performance of such duties. In case
of vacancies occurring in any such municipal oflice, elective by them
other than those appointed by the mayor and confirmed by the coun-
cil they shall elect a qualified person to fill such office during the
unexpired term.
97-c. The parties to bonds taken in pursuance of any section of
this charter, their heirs, devisees, executors and administrators, shall
be subject to the same proceedings on the said bonds for enforcing
the conditions and terms thereof, by motion or otherwise, before the
circuit court of the city of Richmond, or any other courts held in
the city which may succeed to the civil common law jurisdiction of
said court, that collectors of the county levy and their securities are
or shall be subject to on their bonds, for enforcing payment of the
county levies. . .
97-d. No property within the territorial limits of the city shall
be laid out by the owner thereof with streets and alleys therein ex-
cept upon a plan to be first approved by the council of the city of
Richmond. -
98-a. The mayor of the city of Richmond is hereby authorized
to designate the directors of the departments hereinbefore provided
for, other than the departments of finance and law, who shall, ex-
officio constitute an advisory board, of which the mayor shall be a
member and ex-oflicio chairman, to whom the head of any depart-
ment may refer for their final adjudication all questions arising con-
cerning the administration of his department, of which questions
the said advisory board shall take cognizance and finally determine,
should they be of opinion that the question subniutted is one which
should properly be referred to them for determination, rather than
for the determination of and action by the head of the department.
The determination of any question thus submitted to the advisory
board shall be decided by the board by a majority vote of the whole
board, including the mayor. The determination of the board, when
made on the conditions above stated, shall be final and conclusive
upon the heads of all the departments and shall govern their actions
in the premises. And said board shall have such other powers and
duties as may be conferred upon them by this charter or from time
to time by ordinances or resolutions of the council, not in conflict
with the provisions of this charter.
It shall be the duty of the heads of the respective departments,
as soon as may after their qualification, to submit to the advisory
board a complete schedule showing the number and character of the
officers, assistants, clerks and other employees deemed necessary for
the proper operation of their departments, respectively, and showing
the compensation proposed to be paid to each, which schedules and
scales of wages may be amended in such manner As the advisory
board may determine, and as amended shall be returned to the head
of the department submitting the same, and shall be final and con-
clusive and operate to control such heads of departments in the con-
duct of their respective departments. The said advisory board shall
keep a record of all of their proceedings and have properly filed and
preserved papers and documents relating thereto, and to that end
they are hereby authorized to designate some person in some one of
the departments to act in that capacity.
81-a. The said director of public utilities shall have the general
management and control of the water works, gas works, and the
electric light plant of the city of Richmond, and he is hereby au-
thorized to appoint a manager of each one of said enterprises, to
serve during good behavior, who shall have and exercise, under the
direction of said director, the immediate control of the enterprise
of which he is so appointed manager, and such other officers, assist-
ants, clerks and employees as he may deem necessary for the proper
administration of his department, subject, however, to the approval
of the advisory board, as hereinbefore provided, but such officers,
assistants, clerks and employees may be removed at any time by the
said director of public utilities.
3. Be it further enacted by the general assembly of Virginia,
that sections thirteen-b, thirty-a, thirty-b, thirty-c, thirty-d, thirty-e,
thirty-f, thirty-g, thirty-h, thirty-i, thirty-j, ninety-three-a, ninety-
three-b, ninety-three-c, ninety-three-d, ninety-three-e, ninety-three-f,
ninety-three-g, ninety-three-h, ninety-three-1, ninety-three-}, ninety-
three-k, ninety-three-], ninety-three-m, ninety-three-n, ninety-three-
0, ninety-three-p, ninety-three-q, ninety-three-r, ninety-three-s, and
one hundred and nine of the charter of the city of Richmond, be
and the same are hereby repealed; and the board known as the ad-
ministrative board of the city of Richmond as the same now exists
under the acts of the general assembly is hereby abolished, and that
the board known as the board of fire commissioners of the city of
Richmond, as it now exists under the acts of the general assembly,
be and the same is hereby abolished.
4. Be it further enacted by the general assembly of Virginia,
that as soon as may be after this act is in force, it shall be the duty
of the keeper of the rolls of the general assembly to certify a copy
of this act to the hustings court of the city of Richmond, and upon
the receipt of the same by the said court or judge it shall be the duty
of the said court or judge, as the case may be, forthwith to enter
an order calling and fixing a date for the holding of an election for
the purpose of submitting the foregoing amendments to the charter
of the city of Richmond to the electors of the city, qualified to vote
at the next ensuing city election, such election to be held not less
than thirty nor more than sixty days after the date of the entry of
the said order, provided, however, that should any other election,
regular or primary, be held within the said period the said court or
the judge thereof shall direct that the election hereby authorized
shall be submitted to the vote of the electors at such election so to
be held. As soon as such election is ordered it shall be the duty of
the city clerk, at least ten days before such election, to caus€ such
proposed amendments to be published for five successive issues in one
or more newspapers having a general circulation in the city of
Richmond. The ballots used in such election shall state the object
of the election as follows: “To ratify or reject the proposed amend-
ments to the charter of the city of Richmond, authorized by an act
of the general assembly approved on the ................ .. day of
ec eee e cece eees , nineteen hundred and eighteen,” and below the
following propositions in the order here set forth:
“For AMENDMENTS”
| and
“AGAINST AMENDMENTS.”
In any such election the voter shall draw a line with a pen or
pencil through the proposition he does not wish to vote for, leaving
the proposition that he does wish to vote unscratched. If a ma-
jority of the qualified voters voting in said election vote in favor
thereof, it shall, upon the ascertainment and certification of the
result of such election by the commissioners of election to the hust-
ings court of the city of Richmond or the judge thereof in vacation,
and upon the entry upon the records of the said court of the result,
then and in that case the said proposed amendments shall become
a part of the charter of the city of Richmond as of the first day of
January, nineteen hundred and nineteen, and in either case it shall
be the duty of the said hustings court or the judge thereof in vaca-
tion to forthwith cause a copy of the order showing the result of
the said election to be forwarded to the mayor of the city of Rich-
mond, and another copy to the city clerk; and all provisions of other
acts or parts of acts providing or amending the charter of the city
of Richmond and all ordinances or resolutions of the council of
the city of Richmond now in force, inconsistent with the said pro-
posed amendments are and shall be, as of the date aforesaid, re-
pealed; and all other provisions of the present charter of the city
of Richmond and of the resolutions and ordinances passed in pur-
suance thereof, not so inconsistent, are hereby retained in force and
effect.
Nothing in this act shall be construed to repeal, or to in any wise
impair or affect the provisions of the consolidation ordinance be-
tween the cities of Richmond and Manchester, as finally approved
or confirmed by order of the corporation court of the latter city of
April fifteenth, nineteen hundred and ten.