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 | 1869/1870 |
---|---|
Law Number | 101 |
Subjects |
Law Body
Chap. 101.—An ACT providing a Charter for the City of Richmond.
Approved May 24, 1870.
CHAPTER I.
Elections.
1. Be it enacted by the general assembly, That the terri-
tory contained within the limits prescribed by the act passed
February thirteenth, eighteen hundred and sixty-seven, and
entitled an act to extend and define the boundaries of the city.
of Richmond, and by any act hereafter passed by the general
assembly of this state, shall be deemed and taken as the cit
of Richmond; and the inhabitants of the city of Richmond,
for all purposes for which towns and cities are incorporated in
this commonwealth, shall continue to be one body politico, in
fact and in name, under the style and denomination of The
City of Richmond, and as such shall have, exercise, and enjoy
all the rights, immunities, powers, and privileges, and be sub-
ject to all the duties and obligations now incumbent and ap-
pertaining to said city as a municipal incorporation.
2. The administration and government of the said city shall
be vested in one principal officer, to be styled the mayor; one
board, to be called the council of the city of Richmond; and
in such other boards and officers as are hereinafter provided
or. ,
3. The said city shall be divided into five wards, which num-
ber of wards the city council hereafter may increase as they
may deem it expedient. Every such division shall be made in
such manner as to include an equal number of voters in each
ward, as nearly as conveniently may be, consistent with the
well defined limits of each ward. Until such revision be made,
the boundary lines of wards shall remain as now established.
4, The council shall provide, by ordinance, for any irregu-
lar election not herein provided for, and appoint the necessary
officers to conduct the same.
5. The election of municipal officers, hereinafter mentioned,
shall be held on the fourth Thursday in May next, and on the
fourth Thursday in May in every second year thereafter, ex-
cept for the election of city treasurer, who shall be elected on
the said Thursday in every third year thereafter; and when-
ever two or more persons are to be elected to the same office,
the several persons, to the number required to be chosen, hav-
ing the highest number of votes, shall be declared elected.
6. It it shall appear by said election returns, at any elec-
tion, that any municipal officer has not been elected, or if any
person elected to a municipal office shall refuse to accept the
office to which he has been elected, the city council shall issue
their warrants for a new election to fill such offices; and the
game proceedings shall be had as are hereinbefore provided
for a general election, and repeated from time to time until all
of said officers shall be elected. If it shall appear that any
such officer shall not have been elected by reason of two or
more candidates having received an equal number of votes, the
city council shall, by ballot, elect such officer from the two
candidates having the highest number of votes.
7. The mayor and the members of the city council, before
entering upon the duties of their respective offices, shall be
respectively sworn in accordance with the laws of this state.
Such oaths may be administered to the mayor elect by any
judge of a court of record commissioned to hold any such
court within said city; and the members of the city council
by the mayor, being himself first sworn as aforesaid, or by any
judge of any court of record as aforesaid; and a certificate of
such oaths having been respectively taken, shall be filed with
the city clerk, and entered upon the joarnal of the city coun-
cil. Every other person elected or appointed to any office
under this act, or under any law, or ordinance of: the city
council, shall, before he enters upon the duties of said office,
take and subscribe said oath and such other oaths as may be
required by law or ordinance, before the mayor or city clerk
the said clerk having himself been first sworn by said mayor
or a judge of a court of record as aforesaid; and a certificate
of the same shall be filed in the office of said city clerk. If
any person elected or appointed to any office in said city shall
neglect to take such oath for thirty days after receiving notice
of bis election or appointment, or shall neglect, for the like
space of time, to give such securities as may be required of
him by the city council, as hereinafter provided, or as may be
hereafter required by any law or ordinance, he shall be con-
sidered as having declined such office, and the same shall be
deemed vacant; and whenever any such vacancy shall occur, an-
other election shall be ordered or another appointment made,
according to the directions of this act.
CHAPTER II.
Mayor.
8. The mayor shall be elected by the qualified voters of the
city of Richmond for the term of two years, and until his suc-
cessor shall be elected, and qualify; and no person shall be
qualified to hold the Office of mayor except such as shall be
ualified to hold office under the constitution of this state.
is salary shall be fixed by the city council, payable at stated
periods; and he shall receive no other compensation or emolu-
ment whatsoever: and no regulations diminishing such com-
pensation, after it has been once fixed, shall be made to take
effect until after the expiration of the term for which the
mayor then in office shall have been elected. The salary of
the mayor, when fixed, shall so continue until changed by the
city council as aforesaid.
9. He shall, by virtue of his office, possess all the jurisdic-
tion and exercise all the powers and authority, in criminal
cases, of a justice of the peace of said city, in addition to the
powers hereby given to him by virtue of this act, or that may
ereafter be given to him by virtue of any other act of assem-
bly; but he shall receive no fees for his services as such justice
of the peace.
10. It shall be his duty to communicate to the city council
annually, as soon as may be after the commencement of the
fiscal year, and oftener if he shall deem it expedient, or be re-
quired by said council, a general statement of the situation
and condition of the city in relation to its government,
finances and improvement, with such recommendations as he
may deem proper.
11. He shall exercise & constant supervision over the con-
‘duct of all subordinate officers, have power and authority to
investigate their acts, have access to all books and documents
in their offices, and may examine said officers and their
subordinates on oath. He shall also have power to suspend
or remove such officers for misconduct in office, or neglect of
duty, to be specified in the order of suspension or removal;
but no such removal shall be made without reasonable notice
to the officer complained of, and an opportunity afforded him
to be heard in his defence. On the removal or suspension of
such officer or officers, the mayor shall report the same, with
his reasons therefor, to the city council, at their next stated
meeting.
12. In case of the absence or inability of the mayor, the
president of the city council shall possess the same powers
and discharge the municipal duties of the mayor during such
absence or inability.
13. In case a vacancy shall occur in the office of mayor, the
city council shall elect a qualified person to supply the vacancy
until his successor shall be elected and qualified, which election
ehall be at the next election held in the city.
CHAPTER III.
City council.
14. The council of the city of Richmond shall be composed
of twenty-five members, or more, according as the number of
wards of said city, as hereinbefore provided, shall be increased.
The several wards of said city shall be respectively repre-
sented in said city council by five councilmen, who shall be
residents of their respective wards, and shall not be less than
twenty-one years of age. They shall be elected by the elec-
tors of their respective wards, and hold their offices, respect-
ively, for one year.
15. In the case of any vacancy happening in the city coun-
cil, by death, removal from the city, resignation, or otherwise,
the city council shall elect a qualified person to supply the va-
cancy until the next election which may be held in the city, when
the vacancy shall be filled by election for the unexpired term.
16. The council shall elect one of its members to act as pre-
sident, who shall preside at its meetings, and continue in oflice
for the year; and when, from any cause, he shall be absent,
they may appoint a president pro tempore, who shall preside
during theabsence of the president. The president, or the presi-
dent pro tempore, who shall preside when the proceedings of
@ previous meeting are read, shall sign the same. The presi-
dent shall have power, at any time, to call a meeting of the
council; and in case of his absence, sickness, disability, or re-
fasal, the council may be convened by the order, in writing, of
any three members of the council.
17. The council shall have the authority to adopt such rules,
and to appoint such officers and clerks, as they may deem
proper for the regulation of their proceedings and for the con-
venient transaction.of business; to compel the attendance of
absent members; to punish its members for disorderly beha-
vior; and, by a vote of two-thirds of the council, to expel a
member for malfeasance or misfeasance in office. They shall
keep a journal of their proceedings, and their meetings shall
be open, except when the public welfare shall require secrecy.
18. A majority of the members of the council shall consti-
tute a quorum for the transaction of business. But on all or-
dinances or resolutions appropriating money, exceeding the
sum of one thousand dollars. imposing taxes, or authorizing
the borrowing of money, the yeas and nays shall be entered
on the journal. No vote shall be reconsidered or rescinded,
at a special meeting, unless at such special meeting there be
present as large a number of members as were presnt when
such vote was taken.
19. The city council shall have, subject to the provisions
herein contained, the control and management of the fiscal and
municipal affairs of the city, and of all property, real and per-
sonal, belonging to the said city; and may make such ordi-
nances, orders, and by-laws, relating to the same, as it shall
deem proper and necessary. They shall likewise. have the
power to make such ordinances, by-laws, orders, and regula-
tions as they may deem desirable to carry out the following
powers, which are hereby vested in them: ;
I. To establish markets in and for said city; appoint clerks
and proper officers therefor; prescribe the times and places
for holding the same; provide suitable buildings therefor, and
to enforce such regulations as shall be necessary or proper to
prevent huckstering, forestalling, and regrating.
II. To erect or provide, in or near the city, suitable work-
houses, houses of correction or reformation, and houses for the
reception and maintenance of the poor and destitute. They
shall possess and exercise exclusive authority over all persons,
within the limits of the city, receiving or entitled to the bene-
fits of the poor laws; appoint officers and other persons con-
nected with the aforesaid institutions, and regulate pauperism
within the limits of the city; and the council, through the
agencies it shall appoint for the direction and management of
the poor of the city, shall exercise the powers and perform the
duties vested by law in overseers of the poor.
Ill. To erect and keep in order all public buildings neces-
sary or proper for said city; to open, regulate, and ornament
public squares and parks.
IV. To erect within said city a city prison, and said prison
may contain such apartments as shall be necessary for the safe
Keeping and employment of all persons confined therein.
. To establish or enlarge water works and gas works
within or without the limits of the said city; contract and
agree with the owners of any land for the use or purchase
thereof, or may have the same condemned for the location,
extension, or enlargement of their said works, the pipes con-
nected therewith, or any of the fixtures or appurtenances there-
of. They shall have power to protect from injury, by ade-
quate penalties, the said works, pipes, fixtures, and land, or
anything connected therewith, within or .without the limits
of said city, and to prevent the pollution of the water in the
river, by prohibiting the throwing of filth or offensive matter
therein above the said water works, within one mile above said
water works.
VI. To establish, construct and keep in ordef, alter or re-
move, landings, wharves, and docks, on lands belonging to the
city; and to lay and collect a reasonable duty on vessels
coming to and using the same, and to regulate the manner of
using other wharves and landings within the corporate limits ;
to prevent or remove all obstructions in and upon any land-
ings, wharves or docks. They may also appoint port wardens
for the port of said city, prescribe their duties, and fix their
fees or compensation.
VII. 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 they shall have over any street or alley in
the city, which has been or may be ceded to the city, like
authority as over other streets or alleys. They may build
bridges in, and culverts under, said streets; and may prevent
or remove any structure, obstruction or encroachment over,
or under, or in a 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 consent 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 transcending the authority
given them by this act, and that the interposition of the court
is necessary to prevent injury that cannot be adequately com-
pensated in damages.
VIII. To prevent the cumbering of streets, avenues, walks,
public squares, lanes, alleys, or bridges, in any manner what-
ever.
IX. To authorize the laying down of city railway tracks,
and the running of horse cars thereon, in the streets of the
city, under such regulations as they may prescribe.
. To determine and designate the route and grade of any
railroad to be laid in said city, and to restrain and regulate
the rate of speed of locomotives, engines, and cars upon the
railroads within the said city, and may wholly exclude the said
engines or cars, if they please: provided, no contract be
thereby violated.
XI. To regulate and prescribe the breadth of tires upon the
wheels of wagons, carts, and vehicles of heavy draught used
upon the streets of said city: provided, however, that this
section shall not apply to vehicles coming into and not owned
in said city. ;
XII. To require spirituous liquors, wine, oil, molasses, vine-
gar, and spirits of turpentine, in casks, to be guaged and in-
spected; and may make such provision for the weighing of
hay, fodder, oats, shucks, or other long forage, as will not be
in conflict with the act passed the twenty-second of March,
eighteen hundred and forty-seven, to prevent the authorities
of said city from laying and collecting a tax on the bales of
hay sent by the farmers of the state to said city. They may
also provide for measuring corn, oats, grain, coal, stone, wood,
lumber, boards, potatoes, and other articles for sale or barter.
XIII. To require every merchant, retailer, trader, and dealer
in merchandise, or property of any description, which is sold
by measure or weight, to cause their weights and measures to
be sealed by the city sealer, and to be subject to his inspec-
tion; and may impose penalties for any violation of any such
ordinance.
XIV. To grant aid to military companies and regiments or-
ganized within the city; to societies or associations for the
advancement of agriculture and the mechanic arts; to scien-
tific, literary, and benevolent societies: provided, such socie-
ties or associations are located in or near the city, or in the
case of agricultural societies, shall hold their fairs in or near
the city; and to provide or aid in support of public libraries
and public schools.
XV. To secure the inhabitants from contagious, infectious,
or other dangerous diseases; to establish, erect, and regulate
hospitals; to provide for and force the removal of patients to
said hospitals; for the appointment and organization of a board
of health for said city, with the authority necessary for the
prompt and efficient performance of its duties.
XVI. To provide, in or near the city, lands to be appropri.
ated, improved, and kept in order, as places for the interment
of the dead, and may charge for the use of ground in said
places of interment, and may regulate the same; may prevent
the burial of dead in the city, except in the public burial
grounds; may regulate burials in said grounds, and may re-
quire the keeping and return of bills of mortality by the
keepers or owners of all cemeteries.
VII. To establish a quarantine ground for the city; but
if said ground shall extend below the eastern boundary of the
city on the river, the assent of the county court of Henrico
shall be first obtained.
XVIII. To require and compel the abatement and removal
of all nuisances within said city, at the expense of the person
or persons causing the same, or the owner or owners of the
ground whereon the same shall be; to prevent or regulate
slaughter-houses and soap and candle factories within said city,
or the exercise of any dangerous, offensive, or unhealthy bust-
ness, trade, or employment therein, and to regulate the transpor-
tation of coal and other articles through the streets of the city.
XIX. If any ground in the said city shall be subject to be
covered by stagnant water, or if the owner or owners, occu-
pier or occupiers thereof shall permit any offensive or un-
wholesome substance to remain or accumulate therein, the
council may cause such ground to be filled up, raised, or
drained, or may cause such substances to be covered or to be
removed therefrom, and may collect the expense of so doing
from the said owner or owners, occupier or occupiers, or an
of them, by distress and sale, in the same manner in whic
taxes, levied upon real estate for the benefit of said city, are
authorized to be collected: provided, that reasonable notice
shall be first given to the said owners or their agents. In case
of non-resident owners, who have no agent in said city, such
notice may be given by publication for not less than four weeks
in any newspaper printed in said city.
XX. To direct the location of all buildings for storing gun-
powder, or other combustible substances, and to regulate the
sale and use of gunpowder, fire-crackers or fire-works manu-
factured or prepared therefrom, kerosene oil, nitro-glycerine,
camphine, burning fluid, or other combustible material; to
regulate the exhibition of fire-works, the discharge of fire-
arms, the use of candles and lighte in barns, stables and other
buildings, and to restrain the making of bonfires in streets and
ards.
y XXII. To prevent hogs, dogs, and other animals from run-
ning at large in the city, and may subject the same to such
confiscations, regulations, and taxes, as they may deem proper ;
and the council may prohibit the raising or keeping of hogs in
the city.
XX. To prevent the riding or driving of horses or other
animals at an improper speed; to prevent the flying of kites,
throwing stones, or the engaging in any employment or sports
in the streets or public alleys, dangerous or annoying to pas-
sengers, and to prohibit and punish the abuse of animals.
XXIII. To restrain and punish drunkards, vagrants, men-
dicants, and street beggars.
XXIV. To prevent vice and immorality; to preserve pub-
lic peace and good order; to prevent and quell riots, disturb-
ances, and disorderly assemblages; to suppress houses of ill-
fame and gaming houses; to prevent lewd, indecent, and dis-
orderly conduct or exhibitions in the city, and to expel there-
from persons guilty of such conduct who shall not have resided
therein as much as one year.
XXV. To forbid and prevent the vending or other disposi-
tion of liquors and intoxicating drinks, to be drunk in any
canal boat, store, or other place not duly licensed; and to for-
bid the selling, or giving to be drunk, any intoxicating liquors
to any child or young person without the consent of his or her
parents or guardian; and for any violation of any such ordi-
nance, may impose fines in addition to those prescribed by the
laws of the state.
XXVI. To prevent the coming into the city, from beyond
the limits of the state, of persons having no ostensible means
of support, or of persons who may be dangerous to the peace
and safety of the city; and for this.purpose may require any
railroad company, or the captain or master of any vessel bring-
ing such passengers to Richmond, to enter into bond, wit
satisfactory security, that such persons shall not become charge-
able to the city for one year, or may compel such company,
captain, or master to take them back from whence they came,
and compel the persons to leave the city if they have not been
in the city more than thirty days before the order is given.
20. Where, by the provisions of this act, the city council
have authority to pass ordinances on any subject, they may pre-
scribe any penalty, not exceeding five hundred dollars, (except
where a penalty is herein otherwise provided for), for a viola-
tion thereof, and may provide that the offender, on failing to
pay the penalty recovered, shall be imprisoned in the jail of
said city for any term not exceeding three calendar months;
which penalties may be prosecuted and recovered, with costs,
in the name of the city of Richmond. And the city council
may subject the parent or guardian of any minor, or the master
or mistress of any apprentice, to any such penalty for any sach
offence committed by such minor or apprentice.
21. No ordinance hereafter passed by the city coungil, for
the violation of which any penalty is imposed, shall take effect
until the same shall have been published for five days success-
ively in two of the daily newspapers of said city, to be desig-
nated by the said council. A record or entry made by the
clerk of said city, or a copy of such record or entry, duly cer-
tified by him, shall be prima facie evidence of the time of such
first publication; and all laws, regulations, and ordinances of
the city council may be read in evidence in all courts of jus-
tice, and in all | proceedings before any officer, body, or board
in which it shall be necessary to refer thereto, either from a
y thereof certified by the clerk of said city, or from the
valame of ordinances printed by the authority of the city
council,
22. The council shall not take or use any private property
for streets or other public purpose without making to the
owner or owners thereof just compensation for the same. But
in all cases where the said city cannot by agreement obtain title
to the ground necessary for such purposes, it shall be lawful for
the said city to apply to and obtain from the circuit or county
court of the county in which the land shall be situated, or to
the proper court of the city having jurisdiction of such matters,
if the subject lies within this city, for authority to condemn the
same; which shall be applied for and proceeded with as pro-
vided by law.
23. In every case where a street in said city has been or
shall be encroached upon by any fence, building, or otherwise,
the city council may require the owner or owners, if known,
and if unknown, the occupant or occupants of the premises so
encroaching, to remove the same. If such removal shall not
be made within the time ordered by the council, they may i1m-
pose a penalty of five dollars for each and every day that it is
allowed to continue thereafter, and may cause the encroach-
ment to be removed, and collect from the owner all reasonable
charges therefor, with costs, by the same processes that they
are hereinafter empowered to collect taxes. No encroachment
upon any street, however long continued, shall constitute an
adverse possession to, or confer any rights upon, the person
claiming thereunder, as against said city.
24. Whenever any street, alley, or lane shall have been
opened to and used as such by the public for the period of five
years, the same shall thereby become a atreet, alley, or lane for
all purposes, and the city shall have the same authority and
jurisdiction over, and right and interest therein, as they have
by law over the streets, alleys, and lanes laid out by it. And
any street or alley reserved in the division or sub-division into
lots of any portion of the territory within the corporate limits
of the city, by a plat or plan of record, shall be deemed and
held to be dedicating to the public use; and the council shall
have authority, upon the petition of any person interested
therein, to open such street or alley, or any portion of the same.
No agreement between, or release of interest by, the persons
owning the lands immediately contiguous to any such alley
or street, whether the same has been opened and used by the
public or not, shall avail or operate to abolish said alley or
street as to divest the interest of the public therein, or the
authority of the council over the same.
25. Whenever any new street shall be laid out, a street
graded or paved, a culvert built, or any other public improve-
ment whatsoever made, the city council may determine what
portion, if any, of the expenses thereof ought to be paid from
the public treasury, and what portion by the owners of real
estate benefited, or may order and direct that.the whole expense
be assessed upon the owners of real estate benefited thereby.
But no such public improvement shall be made, to be de-
frayed in whole or in.part by a local assessment, until first re-
quested by a petition signed by at least a majority of the owners
of property to be assessed for such improvement, or unless at
least three-fourths of all the council shall concur in voting any
improvement to be expedient, or in determining to make the
same after allegations have been heard ; in which case, no pe-
tition or request shall be necessary. The council shall have
the same powers to collect such local assessments for improve-
ments as are hereinafter vested in them for the collection of
taxes.
26. The city council shall grant and pay to all city officers,
clerks, and assistants, elected or appointed under or in pursu-
ance of this act, such salaries or compensation as the said city
council may from time to time deem proper, or shall be fixed
by this or any other act of assembly hereafter enacted.
27. If any person, having been an officer of said city, shall
not, within ten days after he shall have vacated or been re-
moved from office, and upon notification and request of the
city clerk, or within such time thereafter as the city council
shall allow, deliver over to his successor in office all the pro-
perty, books, and papers belonging to the city or appertaining
to such office, in his possession or under his control, he shall
forfeit and pay to the city the sum of five hundred dollars, to
be sued for and recovered with costs. And all books, records,
and documents used in any such office by virtue of any pro-
vision of this act, or of any ordinance or order of the city
council, or any superior oflicer of said city, shall be deemed
the property of said city and appertain to said office, and the
chief officer thereof shall be responsible therefor.
CHAPTER IV.
City officers.
28. There shall be one auditor, one city treasurer, one col-
lector of city taxes, one commissioner of the revenue, one city
attorney, one city engineer, one city clerk, and such clerks and
assistants as the city council may see fit, by ordinance, to pre-
scribe and furnish. ,
29. The council may appoint such officers and clerks as they
may deem proper, in addition to those herein provided for, and
define their powers and prescribe their duties and compensation,
and may take from any of the officers, &c., appointed, bonds
with sureties, in such penalties as to the council may seem fit,
payable to the city by its corporate name, with condition for
the faithful performance of said duties. All officers appointed
by the council may be removed from office at its pleasure.
30. The parties to bonds taken in pursuance of the preced-
ing section, their heirs, devisees, executors, and administra-
tors, 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.
31. The city auditor shall be elected by the qualified voters
of the city of Richmond. He shall hold his office for the
term of two years, and until his successor be appointed and
qualify, unless sooner removed. He shall hold his office in
such place as may be designated and prescribed by the city
council. He shall give bond, with sureties, to the amount of
not less than thirty thousand dollars, which shall be deter-
mined by the city council, before he enters upon the duties of
his office; said bond to be approved by the said city council,
entered on their record, and filed in the office of the city clerk.
The said auditor shall open and keep, ina neat and methodical
manner, 3 pouapletie set of books, under the direction of the
city council, wherein shall be stated, among other things, the
appropriations of the year for each distinct object and branch
of expenditure, and also the receipts from each and every
source of revenue, so far as he can ascertain the same. Said
books, and all papers, vouchers, contracts, bonds, receipts, and
other things kept in said office, shall be subject to the exami-
nation of the mayor, the members of the city council, or any
committee or committees thereof.
32. The said auditor shall be charged with and exercise a
general supervision over all the officers of the city charged in
any manner with the receipt, collection, or disbursement ot
the city revenues, and the collection and return of such reve-
nues into the city treasury. He shall have charge of all deeds,
mortgages, contracts, judgments, notes, bonds, debts, choses
in action, belonging to the said city, except such as are con-
fided to the custody of the city clerk, and such other papers
as may be committed to his care by the city council, by ordi-
nance or otherwise.
33. The said auditor shall have power to examine all ac-
counts, claims, and demands for or against the said city; and
no money shall be drawn from tbe treasury or paid by the
city to any person, except as herein otherwise provided, unless.
that balance due or payable be first settled and adjusted by
the said auditor; 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 any
account, claim, or demand presented; and the person so sworn
shall, if he swear falsely, be guilty of wilful and corrupt per-
jury, and be subject to punishment by imprisonment in the
penitentiary for not less than one nor more than five years.
34. All money found to be due and payable by the said au-
ditor to any person, shall be drawn by said auditor by warrant
on the treasurer, stating the particular fund or appropriation
to which the same is chargeable and the person to whom pay-
able; and no money shall be drawn from the treasury except
on the warrant of the auditor, as aforesaid. But the auditor
is forbidden to issue his warrant for the payment of any money
in excess of the appropriation on account of which said money
is drawn.
35. It shall be the duty of said auditor, 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 vouch-
ers 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
officer shall neglect to make an adjustment of his accounts,
when required as aforesaid, and to pay over such moneys so
received, it shall then be the duty of said auditor to issue no-
tice in writing, directed to such officer and his securities, re-
quiring him or them, within ten days, to make settlement of
his said account with the auditor, and to pay over the balance
of moneys found to be due and in his hands belonging to the said
city, according to the books of said auditor; and in case of
the refusal or neglect of such officer to adjust his said accounts
or pay over said balance to the treasurer as required, it shall
then be the duty of said auditor to make report of the delin-
quency of such officer to the mayor, 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 removal, institute suit in the name of said
city against him and his securities to recover the balance of
moneysso found to be due and in bis hands belonging to said city.
36. The auditor shall make out an annual statement, as soon
as possible after the end of each fiscal year, giving a full and
detailed statement of all the receipts and expenditures during
the said year. The said statement shall also detail the liabili-
ties and expenditures during the year, the liabilities and re-
sources of said city, the condition of all unexpended appro-
priations and contracts unfulfilled, the balances of money then
remaining in the treasury, with all sums due and outstanding,
the names of all persons who may have become defaulters 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.
37. The auditor shall annually submit to the city council, at
their first stated meeting after the beginning of the fiscal year,
areport of the estimates necessary, as nearly as may be, to
defray the expenses of the city government during the current
fiscal year. He shall in said report class the different objects
and branches of said city expenditure, giving, as nearly as may
be, the amount required for each; and for this purpose he is
authorized to require of all city officers and heads of depart-
ments their statements of the condition and expense of their
respective departments and offices, with any proposed improve-
ment, and the probable expense thereof, of contracts already
made and unfinished, and the amount of unexpended appro-
priations of the preceding year. He shall also in such report
show the aggregate income of the preceding fiscal year, from
all sources; the amount of liabilities outetanding upon which
interest is to be paid, and of bonds and city debts payable
during the year, when due and where payable, so that the city
council may fully understand the money exigencies and de-
mands of the city for the current year... :
88. In addition to the other duties of the said gauditor, 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 received, and of all moneys ordered to be paid
or drawn for by warrant by him, and on what account the
same have been paid; and shall deliver said statement to the
said city council at their next meeting, to be filed, after the
adjournment of said council, by the city clerk with the papers
belonging to his ofiice.
39. There shall be elected by the qualified voters of the city
of Richmond, in the same manner as is provided hereinbefore
for the election of mayor of said city, at the first charter elec-
tion, and every three years thereafter, one city treasurer, who
shall hold his office for the term of three years, and until his
successor be elected and qualified, unless sooner removed from
office. He shall give bond, with sureties, to the amount of
not less than one hundred thousand dollars; said bond to be
approved by the city council, entered on their records, and
filed in the city clerk’s office.
40. The said treasurer shall receive all moneys belonging to
the city, and shall keep his office in some place designated by
the council. He shall keep his books and accounts in such
manner as the city council may prescribe, and such books and
accounts shall always be subject to the inspection of the mayor
and any member of the city council, or any committee or com-
mittees thereof.
41. No money shall be paid out by the treasurer except
upon the warrant of the auditor, issued as hereinbefore pro-
vided, and he shall keep a separate account of each fund or
appropriation, and the debits or credits belonging thereto.
42. All moneys to be paid into the treasury of the city, ex-
cept the bills for gas and water, and such other assessments as
the city council may so ordain, shall be paid by the person
hable to pay the same, or his agent, to the treasurer, in the fol-
lowing manner: a warrant shall first be obtained from the au-
ditor, directing the treasurer to receive the sum to be paid,
specifying on what account the payment is to be made. Upon
the payment of the money to the treasurer, he shall give a re-
ceipt for the same, which shall be carried to the auditor, and
his receipt therefor shall be the acquittance of the party mak-
ing the payment. Jills for gas and water, and such other as-
sessments as the city council may so ordain, shall be paid
directly to the treasurer, who shall keep an account thereof,
and make daily reports of such receipts to the auditor.
43. The treasurer shall, at the end of each and every month,
and oftener if required, render an account to the auditor,
showing the state of treasury at the date of such account, and
the balance of moneys in the treasury. He shall also, if re-
quired so to do by the auditor, accompany such account with
a statement of all moneys received into the treasury, and on
what account, with a list of all warrants redeemed and paid
by him during the month.
44, The treasurer shall also report to the city council, at the
end of each fiscal year, and oftener if required, a full and de-
tailed account of ail receipts and expenditures during the pre-
ceding fiscal year, and the state of the treasury. He shall
also keep a register of all warrants, their date, amount, num.
ber, 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 city council, by a committee thereof, who shall examine
and compare the same with the books of the auditor, and re-
port discrepancies, if any, to the city council.
' 45. All moneys received on any special assessment shall be
held by the treasurer as a special fund, to be applied to the
payment for which the assessment was made; and said money
shall be used for no other purpose whatsoever.
46. The treasurer may be required to keep all moneys in his
hands, belonging to the city, in such place or places of deposit
as the city council may by ordinance provide, order, establish,
or 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; and
any violation of this provision shall subject him to immediate
removal from office. In case of his removal, the city council
shall. elect a qualified person to fill said office until the next
regular charter election, when the qualified voters of said city
shall, as in other cases, fill such vacancy by an election of a
successor, who shall hold his office for the remainder, if any,
of the unexpired term of the officer removed.
47. There shall be elected by the qualified voters of the city
of Richmond, one collector of the city taxes, who shall hold
his office for the period of two years, and until his successor
shall be appointed and qualify, unless sooner removed from of-
fice. He shall give bond, with sureties, to the amount of not
less than fifty thousand dollars, said bond to be approved by
the city council, entered on their records, and filed in the office
of the city clerk. :
48. Said collector shall collect all taxes and assessments
which may be levied by said city, and perform such other du-
ties as may be herein prescribed or ordained by the city coun-
cil. He shall keep his office in such place as may be designated
and prescribed by the city council, and shall keep in his said
office, besides his collection and revenue warrants, such other
books, vouchers, records, and accounts, as the city council may
direct and prescribe, all of which shall be subject to the in-
spection and examination of the mayor, the members of the
city council, or any committee or committees thereof.
49. The said collector shall make report in writing, under
oath, to the auditor, weekly, or oftener if required, the amount
of all moneys collected by him, and shall pay the same into
the city treasury in the manner hereinbefore provided. At
the end of each fiscal year he shall submit to the city council
a statement of all moneys by him collected during the year,
and the particular warrant, assessment, or account upon which
collected, and the balance of moneys uncollected on the war-
rants in his hands or returned to the auditor, and a copy of
such statement shall also be filed with the auditor of said city.
50. The said collector is expressly prohibited from keeping
the moneys of the city in his hands, or in the hands of any
person or corporation to his use, beyond the time pre-
scribed for the payment of the same into the city treasury;
and any violation of this provision shall subject him to imme-
diate removal from office. In case of his removal, a suitable
person shall be appointed by the city council to fill said office,
until his successor shall be elected and qualified at the next
election held in the city. ,
D1. It shall be the duty of said collector to conduct all the
proceedings and render all the service necessary to perfect the
sale and transfer of real estate in said city, where the same
shall be sold or advertised for sale for the non-payment of any
tax or assessment imposed by the city council, as hereinafter
provided.
52. The said collector may, with the consent of the city
council, appoint a deputy or deputies, who may be removed
from office by the said collector, by the mayor, or by the city
council. During the continuance in office of the said collector,
a deputy of his may discharge any of the duties of the oftice
of collector; but the collector and his sureties shall be liable
therefor. :
53. If the said collector shall receive any money for taxes
or assessments, giving a receipt therefor, for any land or par-
cel of land, and afterwards sell the same, at any sale for taxes
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 sale, and recovered in any court having jurisdiction of
the amount; and the city shall in no case ‘de 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 the period of two years, and until his successor
Shall be appointed and qualify, unless sooner removed from
office. He shall give bond, with sureties, to the amount of not
less than five thousand dollars; said bond to be approved by
the city council, entered on their record, and filed in the office
of the city clerk.
55. The said commissioner of the revenue shall perform all
the duties in relation to the assessment of property for the
purpose of levying the city taxes that may be ordered by the
city council. He shall keep his office in such place as may be
designated and prescribed by the city council, and shall keep
therein such books, schedules, and records, and in such manner
as the mayor and city council may direct and prescribe; which
books, records, and other papers shall be subject to the inspec-
tion and examination of the mayor, the members of the city
council, or any committee or committees thereof, and of the
collector of city taxes.
56. To aid the commissioner of the revenue in his duties,
the clerks of the several courts of the city of Richmond and
of the county of Henrico shall, as required respectively, de-
liver to him such lists as are mentioned in the seventh and
eighth sections of the thirty-fifth chapter of the Code of Vir-
ginia of eighteen hundred and sixty, as far as may relate to
lands in said city.
57. As soon as said commissioner of the revenue shall have
ascertained the value of all the real and personal property
taxable in said city, he shall make complete schedules of the
same, 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 news-
papers of said city of the time and place, when and where
such inspection and examination may be made. Said schedules
shall be kept open for the period of ten days from the time of
the first publication of such notice, so that any person feeling
aggrieved by the assessment of his or her property, may ap-
pear and make his or her objection. The said commissioner
of the revenue shall hear and consider all objections which
may be made, and shall have power to alter, add to, take from,
and otherwise correct and revise his assessment; and he shall
have power to examine any person on oath as to the value of
his personal property, 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 com-
missioner of the revenue may appeal to the city council, whose
decision shall be final. 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 as-
sessment of his personal taxable property, when duly called
upon by said commissioner of the revenue so to do, or to an-
swer such questions as may be put to him in relation thereto,
shall be assessed a gross sum, in the judgment of the commis-
sioner of the revenue, double the correct assessment of his
personal taxable property.
58. The said commissioner of the revenue may, with the
consent of the city council, appoint an assistant or assistants,
who may be removed from oftice by the said commissioner, by
the mayor, or by the city council. During the continuance in
‘office of the said commissioner, an assistant of his may dis-
charge any of the duties of the office of commissioner; but
the commissioner and his sureties shall be liable therefor.
59. The city council shall appoint a suitable and proper per-
son, who shall be the attorney and counsel for the corporation,
who shall hold his office for the term of two years, unless
sooner removed, and until his successor shall be appointed and
qualify. He shall receive such compensation as the council
may determine, to be paid by the city. Said attorney shall
have the management, charge, and control of all the law busi-
ness of the corporation and the departments thereof, and of
all the law business in which the city shall be interested; shall
draw all leases, deeds, and legal papers for the same, and be
the legal adviser of the mayor, city council, or any committee
thereof, and of the several departments of said corporation;
and when required, shall furnish written opinions upon any
subjects 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 in 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 a nuisance,
he shall appear for the prosecution when the case shall come
into court. He shall also prosecute in the court of the police
justice, and receive such fees of office as are allowed by law to
attorneys for the commonwealth for like service; and he shall
erform such other duties as are or may be required of
im for the city by any ordinance or resolution of the city
council.
60. He shall have power and authority, from time to time,
during his continuance in office, with the consent of the mayor,
to authorize 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 all courts and places.
61. Said attorney for the corporation shall keep his office
in such place as the city council may direct, and shall keep
therein a docket of all the cases to which the city may bea
party in any court of record, in which shall be briefly entered
all steps taken in such causes; and said docket shall at all
times be open to the inspection of the mayor, the members of
the city council, and the city auditor.
62. There shall be elected by the qualified voters of the city
of Richmond one engineer for the city, who shall hold his office
for the period of two years, and until his successor shall be ap-
pointed and qualify, unless sooner removed from office. He
shall give bond, with sureties, to the amount of not less than
five thousand dollars; said bond to be approved by the city
council and filed in the office of the city clerk.
63. The said engineer shall have such assistants and clerks
as the city council may allow and approve; but such assistants
or clerks may be removed at any time by the mayor or by the
city council.
64. The said engineer shall be the general superintendent of
the streets, culverts, public buildings, and all public improve-
ments. He shall make such surveys, reports, drawings, plans;
specifications and estimates as the city council may require of
him, and do, in relation thereto, whatever else it may direct.
All surveys or other acts, which shall be made or done by said
engineer, shall be as valid and effectual as if the same were
done by a surveyor of a county. 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. He
shall keep a record of all his proceedings, and a set of books,
in which shall be entered, under appropriate heads, the receipts
and expenditures of his department; and all the books and
papers of his office shall be open at all times to the inspection
of the mayor, to the members of the city council, or to any
committee or committees thereof.
65. There shall be one city clerk appointed by the city coun-
cil, who shall hold his office for the period of two years, and
until his successor shall be appointed and qualified, unless sooner
removed from office by the city council.
66. The said city clerk shall attend the meetings of the city
council and keepa record of its proceedings. He shall have the
custody of the corporate seal. He shall keep all papers that, by
the provisions of this act or by the direction of the city council,
are required to be filed with or kept by him. It shall also be
his duty, immediately after the close of each session of the
city council, to make and present to the mayor a transcript of
every ordinance, resolution, and order concerning any public
improvement, or for the payment of money, and every ordi-
nance, resolution, order, and act of a legislative character, passed
by the city council at such session. He shall, in like manner,
transmit to the auditor a transcript of all ordinances, resolu-
tions or orders appropriating money, or authorizing the pay-
ment of money, the issue of bonds or notes; and to the heads
of all departments of the city government all ordinances, re-
solutions or orders relating to their departments. He shall,
in like manner, give notice to parties presenting communica-
tions or petitions to the city council of the final action of the
council on such communication or petitions. He shall publish
such reports and ordinances as the city council are required by
this act to publish, and such other reports and ordinances as
they may direct, and shall, in general, perform such other acts
and duties as the city council may from time to time require
of him, :
CHAPTER V.
Finances.
67. The city council may, in the name and for the use of the
city, contract loans or cause to be issued certificates of debt or
bonds; but such loans, certificates, or bonds shall not be irre-
deemable for a period greater thah thirty-four years: pro-
vided, however, that they shall not contract such loans or issue
such certificates of debt or bonds for the purpose of subscrib-
ing to the stock of any company incorporated for a work of
internal improvement or other purposes without first being
authorized so to do by three-fourths of the legal voters of the
city voting on the question, and the council shall, when such
debt or loan is created, provide a sinking fund for the pay-
ment of the same. Neither shall the city endorse the bonds
of any such company without the same authority.
68. 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 aggre-
gate amount of the annual interest agreed to be paid thereon
at the time of its contraction; which sum shall be applied and
invested towards the payment of such debt in the same man-
ner as hereinbefore provided for the present existing debt of
the city.
69. 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 de-
fray the expenses of the same, and in such manner as they
shall deem expedient, in accordance with the laws of this state
and the United States: provided, however, that they shall im-
pose no tax on the bonds of said city, nor on any capital in-
vested 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 a 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
employed, or upon the principal money, credit, or stock from
which the interest, income, or dividend is derived... Said taxes
shall be equal and uniform upon all property, both real and
personal. The capital invested in all business operations shall
be assessed and taxed as other property. Assessments upon
all stock shall be according to the market value thereot.
70. The city council may grant or refuse licenses, and may
require taxes to be paid on such licenses, to agents of insurance
companies whose principal office is not located in said city; to
auctioneers; to public, theatrical, or other performances or
shows; to keepers of billiard tables, ten-pin alleys, and pistol
galleries; to hawkers and peddlers in the city, or persons to
sell goods by sample therein; to agents for the sale or renting
of real estate; to commission merchants, and all other busi-
ness which cannot be reached by the ad valorem system under
the preceding section. They may also grant or refuse such
license to all sellers of wine or spirituous or fermented liquors,
and require taxes to be paid on such license, in addition to
other taxes imposed.
71. The council may grant or refuse licenses to owners or
keepers of wagons, drays, carts, hacks, and other wheeled car-
riages kept or employed in the city for hire, and may require
the owners or keepers of wagons, drays, and carts, 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 prescribe their fees and compensation.
72. The council may vest in the collector of the city taxes,
-and of assessments for the use of water, gas, or other pur-
poses, any or all of the powers which are now or may here-
after be vested in a sheriff as collector of the state taxes; may
prescribe the mode of his proceeding, and the mode of pro-
ceeding against him for the failure to perform his duties.
73. All goods and chattels, wheresoever found, may be dis-
trained and sold for taxes assessed and due thereon; and noe
deed of trust or mortgage upon goods or chattels shall pre-
vent the same from being distrained and sold for taxes assessed
against the grantor in such deed while such goods and chat-
tels remain in the grantor’s possession; nor shall any such
deed prevent the goods and chattels conveyed from being
distrained and sold for taxes assessed thereon, no matter in
whose possession they may be found.
74. Any payment of taxes made by a tenant, unless under
an express contract contained in his lease, 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 profit of moneys
of an estate invested under an order of court or otherwise,
the tax shall be refanded out of such estate.
75. There shall be a lien on real estate for the city taxes as as-
sessed thereon from the commencement of the year for which
they were assessed. The city council may require real estate
in the city, delinquent for the non-payment of taxes, to be sold
for said taxes, with interest thereon at the rate of twelve per
centum per annum, and such per centum as they may prescribe
for charges. Such real estate shall be sold, and may be re-
deemed under the provisions hereinafter made.
76. The collector of city taxes shall, under the direction of
the city council, cause a notice of the time and place of such
sale to be published, in all the 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 papers,
on some day not more than twenty days nor less than ten
days previous to such sale, a list of the several parcels of real
estate so to be sold, describing therein each parcel of real
estate in the same manner as the same is described in the as-
sessment rolls in which the said tax or assessment is imposed
thereon, together with the name of the person to whom each par-
cel is assessed, and the amount of the tax or assessment thereon.
TT. If such tax or assessment, and the per centage, 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 he adjourned, the collector
shall proceed to make sale, accordingly, of the said several par-
cels of real estate. or so much thereot 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
shall execute to the purchaser a certificate of sale, in which the
property purchased shall be described, and the aggregate
amount of tax or assessment, with charges and expenses speci-
fied; but the collector shall not for himself, either directly or
indirectly, purchase any real estate so sold.
78. 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 as-
sessment, with interest and charges, then the same shall be
struck off to the city. On such sale the collector shall execute
to the city a certificate of sale, in which the property purchased
shall be described, and the aggregate amount of tax or assess-
ment, with charges and expenses specified, and shall deposit
such certificate with the auditor.
79. 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, may redeem the same by paying to the purchaser, his
heirs or assigns, within two years trom the sale thereof, 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; or, if purchased by the city, with such additional
sums as would have accrued for taxes thereon if the same had
not been purchased for the city, with interest on the said pur-
chase money and taxes at the rate of twelve per centum 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 city
treasurer in any case in which the purchaser, his heirs or as-
signs, may refuse to receive the same, or may not reside or
cannot be found in the city of Richmond.
80. Any infant, married woman, insane person, or person im-
prisoned, whose real estate may have been so sold, or his heirs,
may redeem the same by paying to the purchaser, his heirs or
assigne, 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 ob-
taining 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 twelve per centum 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 owner, his
heirs or assigns, convey to him or them, by deed with special
warranty, the real estate so sold.
81. 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 city auditor 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 a writing annexed thereto, be executed
to his assignee. If the purchaser shall have died, his heirs or
assigns may move the court of hustings of: said city to order
the auditor to execute a deed to such heirs or assigns.
82. 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, such estate shall stand vested in the
grantee in such deed as was vested in the party assessed with
the taxes (on account whereof the sale was made) at the com-
mencement of the year for which the said taxes were assessed,
notwithstanding any irregularity in the proceedings under which
the said grantee claims title, unless such irregularity appear on
the face of the proceedings. And if it be alleged that the
taxes, for the non-payment of which the sale was made, were
not in arrear, the party making such allegation must establish
the truth thereof by proving that the taxes were paid.
83. In case that any real estate, struck off to the city as
hereinbefore provided, shall not be redeemed within the time
specified, the city auditor shall, within sixty days after the
expiration of two years from the sale, cause to be recorded
such certificate of sale, with his oath that the same has not
been redeemed, and thereupon the said corporation, or their
assignees, shall acquire an absolute title to the same in fee.
Fhe said certificate may be acknowledged, or proved, and re-
corded in the same manner that deeds are recorded, and the
said certificate, or the record thereof, or a copy of said record,
duly authenticated, shall, in all courts and places, be presump-
tive evidence of the facts therein stated and of the regularity
and correctness of such sale, and of all proceedings prior
thereto.
CHAPTER VI.
Police and fire departments. —
84. The police department of the city of Richmond shall
be under the general control and management of police com-
missioners thereof, who shall consist of the mayor, the presi-
dent of the city council, and the police justice, and shall con-
stitute a board of police commissioners for said city; of which
board the mayor shall be president, and shall have a casting
vote. Any two of said commissioners shall form a quorum for
the transaction of any business, except the appointment or dis-
missal of members of the police force, hereinafter otherwise
directed. Said board may adopt rules and by-laws for the
government thereof, and also may establish, promulgate, and
enforce proper rules, regulations, and orders for the good gov-
ernment and discipline of said police force: provided, that
said rules, regulations, and orders shall not in any way conflict
with any ordinance of the city council or of the provisions of
this act, or the constitution and laws of this state or of the
United States.
85. The said police commissioners, after taking the oath of
office as such commissioners, shall meet at the office of the
mayor, or other suitable place, at such time as may be expe-
dient, and as they shall from time to time designate, and on
special occasions, as the mayor may, In writing, appoint. They
shall perform the duties of said office without any compensa-
tion, reward, or salary therefor from said city, except that no-
thing herein shall in any way conflict with the payment of the
salary elsewhere provided to be paid to the said mayor and
police justice for their services in their respective offices.
86. It shall be the duty of said police commissioners to se-
lect from among the electors of said city, and unanimously
appoint by warrant of appointment, bearing the signatures of
all three of said commissioners, to be immediately filed with
the city clerk, so many permanent policemen, officers, and
patrolmen as may be authorized by the city council; and said
board shall also appoint, with the approval of the city council,
one chief of police, through whom said board may promulgate
all rules, regulations, and orders to the whole force, and who
shall have immediate direction and control of said force, sub-
ject, however, at all times to the rules, regulations, and orders
of said board, and to the orders of the mayor: provided, that
the orders of such single commissioner do not conflict with
the rules, regulations, or orders of said board then in force;
and said chief and each policeman of said police force, ap-
ointed in manner as aforesaid, may hold his respective office
‘luring the term of good behavior, or until said board, by
unanimous vote, shall remove him; but in case of miscon-
duct on the part of such chief or any member of said police
force, then he may be removed by the decision of a ma-
jority of said board, as hereinafter provided, or by the city
council. :
87. In times of exigency, said commissioners, or a majority
of them, or any one of them, if the others should be absent
from the city or unable to act, may appoint temporarily, with-
out authority from the city council, a suitable number of addi-
tional policemen for such time as shall appear necessary; not,
however, to extend beyond the time of the next meeting of
the city council.
88. The mayor, at any time, upon charges being preferred,
or upon finding said chief or any other member of said police
force guilty of misconduct, shall have power to suspend such
member from service until the board of commissioners shall
convene and take action in the matter: provided, however,
that such member shall not remain so suspended for a longer
period than thirty days without an opportunity of being heard
in his defence; and upon hearing the proofs in the case, a ma-
jority of said commissioners may discharge or restore such
member, in accordance with the decision of the majority of
such board thereon; and the pay or salary of such member
shall cease from the time of suspension to the time of restora-
tion to service, unless otherwise ordered by said board of com-
missioners in their written decision, which shall be filed with
the city clerk; and any violation of the rules, regulations, or
orders of the board, or orders of any superior, shall be good
cause for dismissal.
89. The salary or pay of said chief and policemen shall be
determined by the city council, and all bills of expense on ac-
count of the police department shall be audited by at least
two of said commissioners.
90. The said chief of police and every policeman duly ap-
pointed as aforesaid, shall have issued to him a warrant of ap-
pointment, signed by the president of the board and counter-
signed by the city clerk, stating the date of his appointment,
which shall be his commission; and he shall take such oath as the
city council may ordain, and subscribe the same in a book to
be kept for that purpose by the said city clerk.
91. The said chief of police and policemen shall generally
have power to do whatever may be necessary to preserve the
good order and peace of said city, and to secure its inhabi-
tants from personal violence and their property from loss and
injury. Such number of the said police force as the board
of police commissioners may designate shall, in criminal cases,
have the same powers and duties and be subject to the same
penalties that are prescribed by law as to constables.
92. The said board of commissioners may prescribe such
uniform and badges for the police force as they may deem
proper, and direct in what manner they shall be armed. And
if any person other than a policeman shall publicly wear such
uniform and badges as may be prescribed as aforesaid, he may
be subjected to such fine, not exceeding the sum of one hun-
dred dollars, as the city council may ordain.
93. As soon as said commissioners shall have entered upon
the discharge of their duties, and appointments of police are
made in the manner as herein provided, then all the policemen
and the chief of police, who shall be in service previous there-
to, shall immediately vacate their offices respectively, unless
reappointed as herein provided.
94. The city council may organize and maintain a fire de-
partment for said city, and appoint a chief engineer and as-
sistants, with any or all of the powers which have been or may
be vested by law in such officers. They may also make rules
and regulations for the government of the officers and men of
said fire department; may prescribe their respective duties in
case of fire or alarms of fire; may direct the dresses or badges
of authority to be worn by them; may prescribe and regulate
the time and manner of their exercise; shall fix their pay, and
may impose reasonable fines for the breach of any such regu-
lations. They may also make such ordinances as they may
deem proper to extingnish and prevent fires, prevent property
from being stolen, and to compel citizens to render assistance
to the fire department in case of need.
95. 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 buildings of wood shall be erected, and may
regulate the manner of construction of all buildings. They
may prohibit the erection of wooden buildings in any portion
of the city without permission obtained from them, and shall,
on the petition of the owner or owners of not less than one-
fourth of the ground included in any square of the city, pro-
hibit the erection in such square of any building, or addition
to any building, unless the outer walls thereof be made of
brick and mortar, or stone and mortar, or some other fire
proof material; and may provide for the removal of any such
building or addition which shall be erected contrary to such
prohibition, at the expense of the builder or owner thereof.
And if any building shall have been commenced before said
petitions can be acted on by the council, or if a building in
progress appears clearly to be unsafe, the council may have
such buildings taken down.
96. Whenever any building in the said city shall be on fire,
it shall be the duty of and be lawful for the chief engineer to
order and direct such building, or any other building which he
may deem hazardous and likely to communicate fire to other
buildings, or any part of such buildings, to be pulled down
and destroyed; and no action shall be maintained against any
person or against the said city therefor. But any person in-
terested in any such building so destroyed or injured may,
within three months thereafter, apply to the city council to
assess and pay the damages he has sustained. At the expira-
tion of the three months, if any such application shall have
been made in writing, the city council shall either pay the said
claimant such sum as shall be agreed upon by them and the
said claimant for such damages, or if no such agreement shall
be effected, shall proceed to ascertain the amount of such dam-
ages, and shall provide for the appraisal, assessment, collection,
and payment of the same in the same manner as is provided
for the ascertainment, assessment, collection, and payment of
damages sustained by the taking of land for purposes of pub-
lic improvement.
97. The commissioners appointed to appraise and assess the
damages incurred by the said claimant, by the pulling down or
destruction of such building, or any part thereof, by the direc-
tion of the said officers of the city, as above provided, shall
take into account the proability of the same having been de-
stroyed or injured by fire if it had not been so pulled down or
destroyed, and may report that no damages should equitably
be allowed to such claimant. Whenever a report shall be
made and finally confirmed, in the said proceedings for ap-
praising and assessing the damages, a compliance with the
terms thereof by the city council shall be deemed a full satis-
faction of all said damages of the said claimant. But any party
feeling aggrieved thereby, may appeal to the circuit court for
the city of Richmond, which court, in taking jurisdiction there-
of, shall be controlled by the laws regulating assessment of
damages to real estate in other cases.
CHAPTER VII.
The judiciary.
98. There shall be elected by the qualified voters of said
city, at the first charter election, and every six years thereafter,
one clerk for the circuit court, one clerk for the hustings court,
and one clerk for the chancery court of the city of Richmond,
who shall serve for the period of six years, and until their suc-
cessors be elected and qualify. They shall receive, in compen-
sation for their services, the fees and emoluments allowed by
law to clerks of the circuit courts.
99. There shall be elected at the first charter election, and
every two years thereafter, by the qualified voters of said city,
one commonwealth’s attorney for the circuit court, who shall
also prosecute in all cases in the hustings court of the city of
Richmond. He shall hold his office for a term of two years,
and until his successor be elected and qualify, unless sooner
removed, and shall receive such compensation for his services
as may be prescribed by law.
100. There shall be elected at the first charter election, and
every two years thereafter, by the qualified voters of said city,
one sheriff of the city of Richmond, who shall, before enter-
ing upon the duties of his office, give bond, with good secu-
rity, in a penalty of not less than one hundred thousand dol-
lars nor more than three hundred thousand dollars, as shall be
required by the judge before whom he shall execute the same,
whose powers and duties, liability, responsibility, emoluments,
and term of office shall be, so far as not inconsistent with the
provisions of this act, the same as now provided by law in re-
spect to the sheriff of the city of Richmond.
101. There shall be elected at the first charter election, and
every two years thereafter, by the qualified voters of said city,
one city sergeant, who shall serve for two years, and until his
successor be elected and qualify, unless sooner removed. He
shall keep his office in such place as the city council may pro-
vide and appoint, and shall receive such compensation for his
services as the city council shall determine. Before entering
upon the duties of his office, the said city sergeant shall give
bond and security in such amount as the said city council shall
determine; which bond shall be approved by the said council,
entered on their records, and filed in the office of the city
clerk.
102. The said sergeant shall attend the terms of the court
of hustings, and act as the officer thereof. He shall also in all
respects, except as to the collection of taxes, have the same
owers and authority, and shall perform the duties, and be sub-
ject to the same liabilities and penalties, and be proceeded
against in the same manner as sheriffs.
103.°There shall be elected by the qualified voters of the
city of Richmond at the first charter election, one high con-
stable for said city, who shall hold his office for the term of
two years, and until his successor be appointed and qualify,
unless sooner removed from office. Said high constable shall
keep his office in such convenient place in the city as may be
designated by the city council, and shall receive such compen-
sation for his services as the said council shall determine. He
shall in civil cases have the same powers and duties and be
subject to the same penalties as are prescribed by law to other
constables, and shall perform such duties as the city council
may ordain, not in conflict with the provisions of this act, the
laws of this state, or the laws of the United States.
hs 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 city council, for the faithful discharge
of the duties of his office; which bond shall be approved by
the said council, entered on their record, and filed in the office
of the city clerk. Said high constable may 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.
105. The sergeant of the city of Richmond shall be the of-
ficer of the hustings court, and the sheriff of the city of Rich-
mond shall be the officer of the circuit court, and also of the
chancery court.
106. There shall be appointed by the city council one police
justice, whose duties shall be defined by the city council, and
who shall be, ex officio, a justice of the peace, and have such
other powers and jurisdiction as shall 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.
107. 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 two years, and until their suc-
cessors be elected and qualify, unless sooner removed from of-
fice. They shall be designated by the city council as first, se-
cond, third, etc., justices. ‘The said justices of the peace shall
be conservators of the peace within the limits of the corpora-
tion 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 counties of this state in their respective coun-
ties, except that nothing herein contained shall be construed
as vesting in said justices any portion of the jurisdiction given
by this act to the police justice. |
108. All acts and parts of acts in conflict with this act are
hereby repealed.
109. This act shall be in force from its passage.