An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Law Body
Chap. 318.—An ACT to provide a new charter for the city of Richmond.
{(H B 330]
Approved March 24, 1926.
1. Beit enacted by the general assembly of Virginia, as follows:
CHAPTER I.—ELECTIONS.
1. The inhabitants of the territory comprised within the present
limits of the city of Richmond, as hereinafter described, or as the
same may be hereafter altered and established by law, shall continue
to be a body politic and corporate, to be known and designated as
the city of Richmond, and as such shall have and may exercise all
powers which are now, or hereafter may be, conferred upon, or
delegated to, cities under the Constitution and laws of the Com-
monwealth of Virginia, as fully and completely as though said powers
were specifically enumerated herein, and no enumeration of particular
powers by this charter shall be held to be exclusive; and the said
city of Richmond as such shall have perpetual succession, may
sue and be sued, contract and be contracted with, and may have a
corporate seal which it may alter, renew, or amend at its pleasure,
the present boundaries of the said city, being as follows, to-wit:
Commencing at the corporation stone, one hundred and fifty
feet (150) south of Williamsburg avenue and seven hundred and
fifty (750) feet east of the east line of Malone street projected south-
wardly; thence eastwardly along a line parallel with Williamsburg
avenue and one hundred and fifty (150) feet south of Williamsburg
avenue in a straight line approximately four hundred (400) feet, to
a point one hundred and fifty (150) feet west of the Darbytown road,
measured at right angles to said road; thence in a southeastwardly
direction, parallel with the Darbytown road, and one hundred and
fifty (150) feet southwest of said road in a straight line approxi-
mately five hundred and fifty (550) feet, to the intersection with the
southern line of the wall of the National Cemetery, projected in
southwesterly direction; thence in a northeasterly direction along a
straight line approximately three hundred and twenty (320) feet,
to the southwest corner of the wall of the National cemetery; thence
in a northerly direction along the western face of the wall of the
National cemetery approximately four hundred (400) feet, to the
south line of Williamsburg avenue; thence in an easterly direction
along the south line of Williamsburg avenue in a straight line approxi-
mately one hundred and forty (140) feet, to the intersection with a
line parallel with the eastern line of the United States Government
road and one hundred and fifty (150) feet east of said road, projected
to the south line of Williamsburg avenue; thence in a northerly direc-
tion along an irregular line parallel with the United States Govern-
ment road, and one hundred and fifty (150) feet east of said road
approximately thirty-two hundred (3200) feet, to a point one hun-
dred and fifty (150) feet southeast of Lewis street; thence in an
easterly direction along a line parallel with Lewis street and one
hundred and fifty (150) feet southeast of said Lewis street, approxi-
mately twenty-three hundred (2300) feet, to a point one hundred
and fifty (150) feet east of Randall street, measured at right angles,
and one hundred and fifty (150) feet south of Lewis street projected;
thence in a northeasterly direction along a line parallel with said
Lewis street and one hundred and fifty (150) feet east of said Lewis
street projected, measured at right angles, approximately twenty-
five hundred (2500) feet, to a point one hundred and fifty (150)
feet south of Mill road; thence southeastwardly along a line parallel
with Mill road and one hundred and fifty (150) feet south of said road,
approximately eleven hundred and twenty (1120) feet, to a point
in line with the eastern line of Randolph property, projected south-
wardly; thence in a northeastwardly direction along the eastern
boundary line of Randolph property (crossing Mill road), approxi-
mately nineteen hundred (1900) feet, to the division property line
between Randolph and Deitrich; thence in a northwesterly direction
along a straight line approximately fifteen hundred (1500) feet, to
Stony Run at the northern boundary line of Oakwood cemetery
and corporation stone; thence in a northwesterly direction along a
straight line approximately eleven hundred (1100) feet, to a point
on the division line between Deitrich and the city of Richmond, and
one hundred and fifty (150) feet north of a branch crossing the
division line between Deitrich and the city of Richmond; thence in
northwesterly direction along the division line between Deitrich and
the city of Richmond approximately twelve hundred (1200) feet, to
a point at the intersection of the line between Deitrich and the city
of Richmond and the southern line of Voegler’s property; thence
westwardly along the southern Jine of Voegler’s property, approxi-
mately two hundred (200) feet to a point one hundred and fifty
(150) feet east of a street on the western boundary of Voegler’s
property; thence in a northerly direction along a line parallel with
said street, on the west boundary of Voegler’s property, and one
hundred and fifty (150) feet east of said street, approximately seven
hundred (700) feet, to a point on the south line of the Nine Mile
road; thence in a northerly direction along a line crossing the Nine
Mile road, approximately sixty (60) feet, to a point on the north line
of the Nine Mile road at the division line between Cox and Voegler:
thence in a northerly direction along the division line between Cox
and Voegler one hundred and fifty (150) feet; thence in a westerly
direction along a line parallel with the Nine Mile road, and one hun-
dred and fifty (150) feet north of said road, approximately eleven
hundred and forty (1140) feet, to a point one hundred and fifty (150)
feet north of the Nine Mile road, and one hundred and fifty (150)
feet east of Creighton road; thence in a northwesterly direction
along a straight line crossing the Creighton road, approximately
thirty-eight hundred and forty (3840) feet, to a point one hundred
and fifty (150) feet north of Fairfield avenue, on the eastern boundary
line of the Brauer Cattle Company; thence in a westwardly direction
along a straight line parallel with the north line of Fairfield avenue,
and one hundred and fifty (150) feet north of said avenue, approxi-
mately fourteen hundred (1400) feet, to the west line of Mechanics-
ville turnpike; thence in a northwesterly direction along a straight
line, approximately fifteen hundred (1500) feet, to a point on the
division line between Bowling Green and Fitzgerald’s property, said
point being nineteen hundred (1900) feet west of Cabell street,
measured along the line of division between Bowling Green road and
Fitzgerald’s property, and along said line, projected eastwardly, to
Cabell street; thence in a northerly direction along a line parallel
with a street in Bowling Green plan (name not known), said street
being east of the property of E. T. Robinson, and said line being one
hundred and fifty (150) feet, to a point on the north line of Austin
street; thence in a northeasterly direction along a straight line through
Bell’s Meadow and Keppler’s property, approximately three thousand
(3000) feet, to a point on the west line of the Chesapeake and Ohio
railroad right of way, said point being three hundred (300) feet north
of Magnolia street; thence in a northerly direction along a straight
line, approximately thirty-one hundred (3100) feet, to a point on
the east boundary line of Highland Park about two hundred (200)
feet south of Milton street; thence in a northeasterly direction along
the east boundary line of Highland Park, approximately ten hundred
and forty (1040) feet, to a point on the west line of the Chesapeake
and Ohio right of way; thence in a northerly direction along the west
line of the right of way of the Chesapeake and Ohio railroad, approxi-
mately eleven hundred and forty (1140) feet, to the northeast corner
of Highland Park; thence in a northwesterly direction through Walnut
Hill along a straight line, approximately twenty-five hundred (2500)
feet, to a point at the intersection of the east line of Barton avenue,
projected northwardly, and a line parallel with Ladies’ Mile rcad,
and one hundred and fifty (150) feet north of said road; thence in a
westerly direction along a line parallel with Ladies’ Mile road, and
one hundred and fifty (150) feet north of said road, crossing the
Henrico turnpike and North avenue, approximately seventy-seven
hundred and forty (7740) feet, to a point two hundred (200) feet east
of Hawthorne or Cottage avenue; thence in northerly direction along
a line parallel with Hawthorne or Cottage avenue, and two hundred
(200) feet east of said avenue, approximately seventeen hundred and
sixty (1760) feet, to a point two hundred (200) feet south of West-
wood avenue; thence in an easterly direction along a line parallel
with Westwood avenue, and two hundred (200) feet south of said
avenue, approximately nine hundred and eighty (980) feet, to a
point two hundred (200) feet east of Moss Side avenue, projected
southwardly; thence in northerly direction along a parallel line with
Moss Side avenue (crossing Westwood avenue), and two hundred
(200) feet east of said Moss Side avenue, approximately two thousand
(2000) feet, to a point two hundred (200) feet south of Laburnum
avenue; thence eastwardly along a line parallel with Laburnum
avenue, and two hundred (200) feet south of said Laburnum avenue,
approximately two hundred (200) feet, to a point one hundred (100)
feet south of Cannon or North road; thence in a northeasterly direc-
tion along a straight line crossing the Cannon or North road and
Laburnum avenue, approximately four hundred (400) feet, to a
point two hundred (200) feet northeast of the Cannon or North
road, measured at right angles, to said road; thence in a northwesterly
direction along a line parallel with the Cannon or North road, and
two hundred (200) feet north of said road, approximately twenty-
three hundred and forty (2340) feet, to a point two hundred (200)
feet east of Brook road; thence in a northwesterly direction along a
line parallel with Brook road and two hundred (200) feet east of
said road, approximately twenty-one hundred (2100) feet, to a point
two hundred (200) feet north of the north line of Raleigh avenue,
projected in an easterly direction, being the northern boundary of
Ginter Park; thence in a westerly direction along the northern
boundary line of Ginter Park, crossing Brook road, Chamberlayne
avenue and Brook turnpike, approximately two thousand (2000)
feet, to a point two hundred (200) feet west of the west line of Brook
turnpike; thence in a southerly direction along a straight line parallel
with Brook turnpike, and two hundred (200) feet west of said Brook
turnpike, approximately eleven hundred (1100) feet, to a point one
hundred and fifty (150) feet north of Bellevue avenue; thence west-
wardly along a straight line parallel with Bellevue avenue, one
hundred and fifty (150) feet north of said avenue, approximately
thirty-nine hundred (3900) feet, to a point three hundred (300)
feet west of the Hermitage road; thence southwardly along a line
parallel with the Hermitage road and three hundred (300) feet west
of said road, approximately forty-one hundred and sixty (4160) feet,
to a point one hundred and fifty (150) feet north of Westwood ave-
nue; thence westwardly along a line parallel with Westwood avenue
and one hundred and fifty (150) feet north of said avenue, approxi-
mately twenty-nine hundred (2900) feet, to a point on the eastern
right of way of the Richmond, Fredericksburg and Potomac Rail-
road Company’s yard; thence in a southwesterly direction along a
straight line and crossing the Richmond, Fredericksburg and Poto-
mac railroad yards at Acca, approximately thirty-two hundred (3200)
feet, to a point one hundred and fifty (150) feet north of the Broad
Street road, said point being twenty-three hundred (2300) feet west
of the corporation stone on the north line of Broad Street road, and
said stone being one hundred and fifty (150) feet west of the west
line of Roseneath road; thence in a northwesterly direction along a
line parallel with Broad Street road and one hundred and fifty (150)
feet north of the said road, approximately twenty-three hundred
(2300) feet, to a point in line with a line parallel with Common-
wealth avenue and one hundred and fifty (150) feet west of the west
line of said Commonwealth avenue (as shown on the plan of Monu-
ment Avenue Park), projected northwardly one hundred and fifty
(150) feet north of the north line of Broad Street road; thence in a
southwesterly direction along a line parallel with Commonwealth
avenue and one hundred and fifty (150) feet west of said avenue,
crossing Broad Street road, approximately forty-one hundred (4100)
feet, to a point one hundred and fifty (150) feet south of Patterson
avenue; thence in a southeasterly direction along a line parallel
with Patterson avenue and one hundred and fifty (150) feet-south of
the south line of said Patterson avenue, approximately twenty-one
hundred (2100) feet, to a point in line with a line one hundred and
hfty (150) feet west of the east boundary line of Reveille, R. A.
Patterson’s estate, projected in a northeasterly direction to the
intersection with said line parallel with Patterson avenue, above
described; thence in a southeasterly direction along a straight line
one hundred and fifty (150) feet west of the eastern boundary of
Reveille, R. A. Patterson’s estate, projected northeastwardly to the
intersection of a line one hundred and fifty (150) feet south of Patter-
son avenue, and along a line one hundred and fifty (150) feet west
of the eastern boundary line of Reveille, R. A. Patterson’s estate,
said line crossing Cary Street road, approximately thirty-three
hundred and fifty (3350) feet, to a point one hundred and fifty (150)
feet south of Cary Street road; thence in an easterly direction along
a line parallel with the Cary Street road, and one hundred and fifty
(150) feet south of said road, approximately twenty-nine hundred
(2900) feet, to the eastern boundary line of Beattie’s property;
thence in a southwesterly direction along the eastern line of Beattie’s
property, approximately thirty-three hundred (3300) feet, to the
eastern boundary of the Richmond, Fredericksburg and Potomac
Railroad Belt Line right of way; thence along the eastern boundary
of the right of way of the Richmond, Fredericksburg and Potomac
Railroad Belt Line, crossing the canal and James river, approxi-
mately five thousand (5000) feet, to the southern shore of James
river; thence in an easterly direction along the southern shore of
James river to a point thereon at the intersection of the eastern
property line of Middendorf and Donald’s property, projected, to
the south shore of James river; thence in a southerly direction to
the eastern property line of Middendorf and Donald; thence in a
southerly direction along the eastern boundary line of the property
of Middendorf and Donald, approximately thirteen hundred and
seventy (1370) feet, to the division property line between Middendorf
and Donald and M. Gilmour; thence in an easterly direction along
the division property line between Holland and M. Gilmour, approxi-
mately seventeen hundred and forty (1740) feet, to the division
property line between M. Gilmour and J. P. Sadler; thence in a
southwesterly direction along the division line between M. Gilmour
and J. P. Sadler, approximately eight hundred (800) feet, to the
south line of Bellevue avenue; thence in an easterly direction along
the south line of Bellevue avenue, approximately seven hundred and
forty (740) feet, to a point six hundred and forty feet west of Forty-
fourth street at its intersection with Bellevue avenue; thence in a
southwesterly direction along a line parallel with the west line of
Forty-fourth street, and six hundred and forty (640) feet west of
said Forty-fourth street and Forty-fourth street projected, approxi-
mately sventeen hundred and fifty (1750) feet, to a point one hun-
dred and fifty (150) feet south of Westham or River road, measured
at right angles to said Westham or River road; thence in an easterly
direction along a line parallel with the Westham or River road one
hundred and fifty (150) feet south of said road, measured at right
angles to said road, approximately six hundred and fifty (650) feet,
to a point one hundred and fifty (150) feet west of said Forty-fourth
street, projected in a southerly direction; thence southwardly along
a line parallel with and one hundred and fifty (150) feet west of the
west line of Forty-fourth street and Forty-fourth street projected,
approximately twenty-six hundred and twenty (2620) feet, to a
point one hundred and fifty (150) feet south of Reedy creek, thence
in an easterly direction along a straight line, approximately nine-
teen hundred (1900) feet, to a point one hundred and fifty (150)
feet south of Reedy creek on the east boundary of Wm. Northrop’s
property; thence in a southerly direction along the east property
line of William Northrop, and along said line extended southwardly,
approximately twenty-three hundred and sixty (2360) feet, to a
point one hundred and fifty (150) feet south of the Midlothian
turnpike; thence in an easterly direction along a line parallel with
the Midlothian turnpike and one hundred and fifty (150) feet south
of said Midlothian turnpike, approximately eleven hundred (1100)
feet, to a point one hundred and fifty (150) feet west of Thirty-
seventh street (plan of Center Heights); thence in a southerly direc-
tion along a line parallel with Thirty-seventh street (plan of Center
Heights) and one hundred and fifty (150) feet west of said Thirty-
seventh street, approximately seventeen hundred (1700) feet, to the
north line of the right of way of the Richmond, Fredericksburg and
Potomac Railroad Belt Line; thence in a southeasterly direction
along the north line of the right of way of the Richmond, Fredericks-
burg and Potomac Railroad Belt Line, approximately twenty-nine
hundred (2900) feet, to a point one hundred and fifty (150) feet
east of the Broad Rock road; thence in a northerly direction along
a line parallel with the Broad Rock road, and one hundred and fifty
(150) feet east of said road, approximately fifteen hundred (1500)
feet to the north boundary line of the Holly Springs property; thence
in an easterly direction along the north boundary line of the Holly
Springs property, approximately twenty-three hundred (2300) feet
to the west line of Maury cemetery; thence in a southerly direction
along the west line of Maury cemetery, approximately eighteen
hundred (1800) feet, to the north line of Matt’s path; thence in a
northeasterly direction along the north line of Matt’s path, approxi-
mately sixteen hundred and fifty (1650) feet, to the east line of
Perdue avenue and Perdue avenue extended southwardly to Matt's
path; thence in a northerly direction along the east line of Perdue
avenue, and the east line of Perdue avenue extended to Matt’s path,
approximately twenty-eight hundred (2800) feet, to the south line
of Maury street; thence in a northeasterly direction along the southern
line of Maury street, approximately fifteen hundred and fifty (1550)
feet, to the west line of Petersburg turnpike; then in a sourtherly
direction along the west line of Petersburg turnpike, approximately
forty-one hundred and fifty (4150) feet to a point in line with the
north line of Jackson street extended southwestwardly to the south
line of Petersburg turnpike; thence in a northeasterly direction along
the north line of Jackson street extended to the west line of Peters-
burg turnpike, and along said north line of Jackson street and said
Jackson street extended east of the Seaboard Air Line railroad right
of way, approximately seventy-two hundred and fifty (7250) feet,
to a point one hundred and fifty (150) feet east of the Seaboard Air
Line right of way, measured at right angles to said east line of said
Seaboard Air Line right of way; thence in a northerly direction along
a line parallel with the east line of the right of way of the Seaboard
Air Line and one hundred and fifty (150) feet east of said line,
measured at right angles, to east line of right of way, approximately
thirty-eight hundred (3800) feet, to the present corporation line on
the southern line of Maury street; thence along the south line of
Maury street in a northeasterly direction to a point three hundred
(300) feet south of the south margin of James river; thence in a
southeasterly direction following a line parallel with and three hun-
dred (300) feet south of the natural margin or bank of James river,
to a point in line with a line one hundred and fifty (150) feet south
of Orleans street and parallel with same projected to a point three
hundred (300) feet west of the west bank of James river; thence
crossing James river in an easterly direction along a line parallel
with and one hundred and fifty (150) feet south of Orleans street
projected to a point one hundred and fifty (150) feet west of Williams-
burg avenue; thence in a southerly direction parallel with Williams-
burg avenue and distant therefrom one hundred and fifty (150)
feet to a point one hundred and fifty (150) feet west of Tenth street
(Fulton); thence in a southerly direction parallel with Tenth street
(Fulton) and one hundred and fifty (150) feet therefrom to a point
one hundred and fifty (150) feet south of the south line of Potomac
street projected westwardly; thence in an easterly direction parallel
with Potomac street and one hundred and fifty (150) feet south
thereof to a point one hundred and fifty (150) feet east of Scott
street; thence in a northerly direction and parallel with Scott street
and distant therefrom one hundred and fifty (150) feet to a point
one hundred and fifty (150) feet south of Williamsburg avenue;
thence in an easterly direction parallel with Williamsburg avenue
and distant therefrom one hundred and fifty (150) feet to the point
of beginning. ©
2. The administrdtion and government of the said city shall be
vested in one principdl officer, to be styled the mayor; two boards,
to be called, respectivély, the common council and board of aldermen
of the city of Richmond; and in such other boards and officers as
are hereinafter provided for.
3. That there shall be established four wards for the city of
Richmond, the designation and boundaries of which shall be as
ollows:
Jefferson Ward.
(1) Shall include that portion of the city within the following
boundaries: Beginning at a point at the intersection of the eastern
boundary line of the city of Richmond and the north bank of James
river, thence westwardly along the north bank of James river to a
point in line with the center line of Seventeenth street projected
to the river, thence northwardly along the center line of Seventeenth
street to the center line of Hospital street, thence westwardly along
the center line of Hospital street to the eastern line of the right of
way of the Chesapeake and Ohio Railway Company, thence north-
wardly along the eastern line of the right of way of the Chesapeake
and Ohio Railway Company to the intersection of the northern
corporation line, thence eastwardly and southwardly following the
said corporation line to the northern bank of James river and the
point of beginning.
Madison Ward.
(2) Shall include that portion of the city lying north of James
river west of Seventeenth street, south of Bacon Quarter branch,
and east of the lines herein given on Third, Foushee, Adams, Saint
James and Fritz streets and south of the north bank of James river,
described as follows:
Beginning at the intersection of the western corporation line and
the north bank of James river, thence eastwardly along the northern
bank of James river to a point in line with the center line of Belvidere
street projected to the river, thence northwardly along the center
line of Belvidere street as projected to the river, to the north bank of
James river and Kanawha canal, thence eastwardly along the north
bank of the said canal to the center line of Third street projected,
thence northwardly along the center line of Third street as projected
to the center line of Main street, thence westwardly along the center
line of Main street to the center line of Foushee street, thence north-
wardly along the center line of Foushee street to the center line of
Broad street, thence westwardly along the center line of Broad street
to the center line of Adams street, thence northwardly along the center
line of Adams street to the center line of Clay street, thence east-
wardly along the center line of Clay street to the center line’of St.
James street, thence northwardly along the center line of Saint
James street to the center line of Fritz street, thence eastwardly
along the center line of Fritz street to the center line of First street,
projected, north of Bacon Quarter branch, thence southwardly along
the center line of First street projected to the southern line of Bacon
Quarter branch, thence eastwardly along the southern line of Bacon
Quarter branch to the center line of Hospital street, thence along the
center line of Hospital street to the center line of Seventeenth street,
thence southwardly along the center line of Seventeenth street and
Seventeenth street projected, to the north bank of James river,
thence eastwardly along the north bank of James river and along
the south line of Jefferson ward to an intersection with the eastern
corporation line, thence following said line across James river
to the south bank of said river, thence along the south bank of James
river in a southerly direction approximately seven hundred and
thirty (730) feet, thence westwardly approximately three hundred
(300) feet, thence following a line three hundred feet from and
parallel with the natural margin or south bank of James river to an
intersection with Maury street, thence following the said corporation
line southwardly, westwardly and northwardly to the point of its
intersection with the south bank of James river, thence westwardly
along the south bank of James river to an intersection with the western
corporation line, thence across James river northwardly along said
line to the northern bank of said river and the point of beginning.
Lee Ward.
(3) Shall include that portion of the city lying within the fol-
lowing boundaries; Beginning at the intersection of the western
corporation line and the center line of Patterson avenue; thence
eastwardly along the center line of Patterson avenue to the center
line of Antrim avenue; thence northwardly along the center line of
Antrim avenue to the center line of Franklin street; thence east-
wardly along the center line of Franklin street to the center line of
Malvern avenue; thence southwardly along the center line of Malvern
avenue to the center line of Patterson avenue; thence eastwardly
along the center line of Patterson avenue to the center line of Belmont
avenue; thence northwardly along the center line of Belmont avenue
to the center line of Park avenue; thence eastwardly along the center
line of Park avenue to the center line of Laurel street; thence north-
wardly along the center line of Laurel street to the center line of
Franklin street; thence eastwardly along the center line of Franklin
street to the center line of Foushee street; thence northwardly along
the center line of Foushee street to the center line of Broad street;
thence westwardly along the center line of Broad street to the center
line of Adams street; thence northwardly along the center line of
Adams street to the center line of Clay street; thence eastwardly
along the center line of Clay street to the center line of Saint James
street; thence northwardly along the center line of Saint James
street to the center line of Frtiz street; thence eastwardly along the
center line of Fritz street to the center line of First street projected
north of Bacon Quarter branch; thence southwardly along the center
line of First street projected to the southern line of Bacon Quarter
branch; thence eastwardly along the southern line of Bacon Quarter
branch to the center line of Hospital street; thence along the center
line of Hospital street to the eastern line of the right of way of the
Chesapeake and Ohio Railway Company; thence northwardly along
the eastern line of the right of way of the Chesapeake and Ohio
Railway Company to an intersection with the northern corporation
line; thence following the said corporation line in a northwardly,
westwardly and southwardly direction to its intersection with Patter-
son avenue projected, the point of beginning.
Clay Ward.
(4) Shall include that portion of the city lying within the fol-
lowing boundaries: Beginning at the intersection of the western
corporation line and the center line of Patterson avenue; thence
eastwardly along the center line of Patterson avenue to the center
line of Antrim avenue; thence northwardly along the center line of
Antrim avenue to the center line of Franklin street; thence east-
wardly along the center line of Franklin street to the center line of
Malvern avenue; thence southwardly along the center line of Malvern
avenue to the center line of Patterson avenue; thence eastwardly
along the center line of Patterson avenue to the center line of Belmont
avenue; thence northwardly along the center line of Belmont avenue
to the center line of Park avenue; thence eastwardly along the center
line of Park avenue to the center line of Laurel street; thence north-
wardly along the center line of Laurel street to the center line of
Franklin street; thence eastwardly along the center line of Franklin
street to the center line of Foushee street; thence southwardly along
the center line of Foushee street to the center line of Main street;
thence eastwardly along the center line of Main street to the center
line of Third street; thence southwardly along the center line of
Third street projected to the north bank of James river and Kanawha
canal; thence along the north bank of said canal to the center line of
Belvidere street projected: thence southwardly along the center line
of Belvidere street projected to the north bank of James river;
thence westwardly along the north bank of James river to an inter-
section with the western corporation line; thence northwardly along
the western boundary of the said corporation line to its intersection
with the center line of Patterson avenue, the point of beginning.
4. Whenever any special election shall be ordered by the city
council for an object not provided for in the general election laws
of the State, they shall communicate their order for the same to the
judge of the hustings court, and the same proceedings shall be had
as are provided by the laws of the State for special elections to fill
vacancies in any municipal office.
5. The mayor and members of the board of aldermen and of the
common council of the city of Richmond shall be elected on the
second Tuesday in June immediately preceding the expiration of
the terms of office of their predecessors, and their terms of office shall
begin on the first day of September succeeding; all other elective
officers of the city of Richmond shall be elected on Tuesday after
the first Monday in November, and their terms of office shall begin
on the first day of January succeeding, except the terms of office
of the clerks of the corporation courts of the city of Richmond shall
begin coincidently with those of the judges of their said courts.
In the event of the adoption of any resolution or ordinance of the
council or acts of the general assembly of Virginia heretofore or
hereafter passed, changing the boundary of any ward or wards, or
establishing a new ward out of the territory of another ward or wards,
by reason of which any member of either branch of the city council,
any magistrate or any other city officer, who is required to reside
in the ward from which he is elected, becomes a resident of a new
ward or some other ward than that from which he was elected, then,
in that event, such officer shall continue in office to the end of the full
term for which he was elected, just as if there had been no change
in the wards of the city. The terms of office of all officers whose
residence is not changed by the creation of a new ward or change
of the boundaries of the old wards shall not be affected, but such
term shall continue, expire and be filled as if there had been no
creation of new wards or change of boundaries of old wards.
6. In case of vacancies arising in any office elective by the people
whose election is provided for by this charter, when a general election
will occur before the expiration of 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, to be 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 council of the city of Richmond shall
elect a qualified person to fill such vacancy, except that if the vacancy
occurs in the office of clerk of a court, it shall be filled by the court—
or if in the office of sheriff by the circuit court of the city of Rich-
mond, and if in the office of attorney for the Commonwealth or city
sergeant, by the hustings court of the city of Richmond, or in any
of such excepted cases, by the judge of the designated court in vaca-
tion. The person so elected by the council to fill such vacancy or so
appointed by a court or the judge thereof, shall qualify in the mode
prescribed by law and shall continue in office until his successor is
elected and qualified.
7. The mayor and the members of the city council, before enter-
ing 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 mem-
bers 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 journal of the city
council. 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 forty days after receiving notice of his
election or appointment, or shall neglect, for the like space of time,
to give such securities as may be required of him by law as herein-
after provided, or as may be hereafter required by any law or ordi-
nance, he shall be considered as having declined such office, and the
same shall be deemed vacant; and whenever any such vacancy shall
occur, another 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 a term of four years and until his successor
shall be elected and qualify. His salary shall be fixed by the city
council, payable at stated periods, and he shall receive no other
compensation or emolument whatsoever; and no regulations diminish-
ing such compensation, 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 jurisdiction and
exercise all the powers and authority given him by the Constitution
and the general statutes of the State, in addition to the powers hereby
given him, or that may hereafter be given him by virtue of any other
act of assembly.
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 required by said
council, a general statement of the situation and condition of the
city in relation to its government, finances, and improvements, with
such recommendations as he may deem proper.
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 proceedings, and he shall have power to suspend
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 or removal, and all proceedings for that
purpose shall be in accordance with the provisions of section thirty
hundred and ten of the Code of Virginia, nineteen hundred and nine-
teen. 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.
12. In case of the absence or inability of the mayor, the presi-
dent of the board of aldermen shall possess the same powers and
discharge the municipal duties of the mayor during such absence or
inability, and in the absence of the mayor and the president of the
board of aldermen, the vice-president of the board of aldermen shall
possess such powers and discharge such duties.
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
the next general municipal election for members of the council,
which may be held in the city thereafter when the vacancy shall be
filled by election for the unexpired term.
13a. The mayor shall have the right to appoint the persons
authorized by ordinance to be employed in his office and to appoint
such other officers and employees as hereinafter authorized.
CHAPTER III—THE CITY COUNCIL.
14. The council of the city of Richmond shall be formed of two
distinct branches; one of these shall be: called the common council,
and shall consist of five members from each ward, to be elected every
two years; the other shall be called the board of aldermen, and shall
consist of three members from each ward, to be elected every four
years. The members of the common council and the board of alder-
men shall be residents of their respective wards, and shall not be less
than twenty-one years of age. They shall be elected by the electors
of their respective wards. The members of the council and the board
of aldermen in office at the time of the passage of this act shall con-
tinue in office until their respective successors are elected and qualified,
as provided by law.
15. When any vacancy shall occur in either branch by death,
resignation, removal from the ward, failure to qualify, or from any
other cause, the branch in which said vacancy occurs shall elect a
qualified person to supply the vacancy for the unexpired term.
Upon the formation of a new ward, either by resolution of the council
or by act of the general assembly of Virginia, the members elected to
represent such new ward in the board of aldermen shall be divided
into two classes, to be numbered by lot upon the assembling of the
board of aldermen at its first meeting after the first day of September
next succeeding the election of such members. One of said members
shall be of the first class, and two of the members shall be of the
second-class. The term of service of the members of the first class
shall expire with that of the members of the common council elected
at the first election after the creation of the new ward and the terms
of service of the members of the second class shall expire with that
of the members of the common council elected at the next succeeding
election thereafter. The successors of such members of the first and
second class shal: be elected for, the; full jterm of four years at the
election for members of the council next preceding the expiration of
the terms of such members respectively and the alternation thus
established shall continue.
16. Each branch of the council shall also elect one of its members
to act as president, who shall preside at its meetings and continue
in office for two years, unless it be to fill a vacancy, when he shall be
elected for the unexpired term. Each branch of the council shall
also elect one of its members to be a vice-president, who shall preside
at such meetings in the absence of the president, and who, when the
president shall be absent from the city or shall be unable to perform
the duties of his office by reason of sickness or other cause, shall
perform any and all duties required of or entrusted to such president
under any provision of this charter. When, from any cause, both the
president and the vice-president shall be absent from any meeting
a president pro tempore shall be elected by the respective branch,
who shall preside during the absence of the president and vice-
president. The president, vice-president, or president pro tempore,
who shall preside when the proceedings of a previous meeting are
read, shall sign the same. The president of each branch or the
vice-president, when authorized as above stated to act for the presi-
dent, shall have power at any time to call a meeting of his branch
of the council, in case of absence, sickness, disability or refusal to
act of both the president and vice-president of a branch of the council,
that branch may be convened by the order in writing of any three
members of said branch.
17. Each branch shall have authority to adopt such rules and
to appoint such officers and clerks as it may deem proper for the
regulation of its proceedings, and for the convenient transaction of
business, to compel the attendance of absent members, to punish
its members for disorderly behavior, and by a vote of two-thirds
of its members to expel a member for malfeasance or misfeasance in
office. Each branch shall keep a journal of its proceedings, and its
meetings shall be open, except when public welfare shall require
secrecy. The city council or any of its committees, when authorized
by the said council and the heads of the respective departments as
hereinafter constituted, may each, in any investigation held by them,
respectively, within their respective powers and duties, order the
attendance of any person as a witness, and the production by any
person of all proper books and papers. Any person refusing or failing
to attend may be summoned before the police justice of the city, and
upon failing to give a satisfactory excuse to said police justice, may be
fined not exceeding the sum of one hundred dollars or imprisoned not
exceeding thirty days; such person to have the right of appeal as in
cases of misdemeanor to the hustings court of Richmond. Such wit-
ness may be sworn by the officer presiding at such investigation, and
shall be liable to prosecution for perjury for any false testimoney given
at such investigation.
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,
imposing 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
yeas 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;
neither shall the branch in which such ordinance or resolution is pro-
posed pass the same on the day of its introduction; nor shall any such
ordinance or resolution be valid unless at least three days intervene
between its passage by the said branches respectively.
No person holding a salaried office or position under the city
government shall be a member of either branch of.the city council
during his continuance in office, and the election of any such person
to either branch of the city council and his qualification as a member
thereof shall vacate such office held by him.
18a. That out of the fairly anticipated revenues for each fiscal
year, after providing for interest, redemption and sums allocated for
schools, there shall be appropriated annually in lump sums in the
budget ordinance for the maintenance and expenditure of the various
activities, needs and requirements of the city government, ninety-
five per centum of such anticipated revenues, and no other ap-
propriation shall be made during the current fiscal year unless it
be for the payment of some portion of the city debt or for the repay-
ment of a temporary loan, except by a three-fourths vote of all the
members elected to each branch of the council; provided, however,
that the council of the city of Richmond is hereby authorized in its
discretion to establish and maintain a revolving fund to be used
for the paving of sidewalks and alleys in such manner and by such
method as it may deem expedient, not inconsistent with the foregoing
provisions of this section.
18b. 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 successor
shall be appointed and qualified unless sooner removed from office
by the city council. He shall have the custody of the corporate seal.
18c. The said city clerk shall attend the meetings of each branch
of the council, and keep a record of their proceedings. He shall keep
all papers that by the provisions of this act, or by the direction of
the city council, or either of its branches, are required to be kept or
filed with him. It shall also be his duty to make and present to the
mayor a transcript of every ordinance, resolution or order passed by
both branches of the city council, all of which, if approved, or other-
wise become law, shall be promptly printed, bound and indexed.
He shall likewise transmit to the comptroller a transcript 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 ordinances, resolutions
or orders relating to their departments. He shall likewise give
information to parties presenting communications or petitions to
the city council of the final action of the council on such communica-
tions 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 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 him.
18d. Any officer who by the provisions of the charter of Rich-
mond is required to be elected or appointed by the 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 meeting,
and each member of the two branches shall be entitled to one vote
in all joint meetings of the two branches.
18e. All ordinances, resolutions and acts of the city council
shall be signed by the president of each branch, and shall be presented
to the mayor for his approval, who, if he objects thereto, shall, within
five days after it shall have been presented to him for assent, return
it to that branch of the city council in which it originated, with his
objection in writing, and if two-thirds of all the members of each
branch shall be of opinion that the ordinance, resolution or act
ought to be passed, it shall, notwithstanding the objections of the
mayor, become a law. If any ordinance or resolution shall not be
returned by the mayor within five days (Sundays excepted) after
it shall have been presented to him, it shall become operative in like
manner as if he had signed it, unless his term of office, or that of
the council, shall expire within said five days.
19. The council of the city of Richmond shall have power to
enact suitable ordinances to secure and promote the general welfare
of the inhabitants of the city, by them deemed proper for the safety,
health, peace, good order, comfort, convenience and morals of the
community, and to make and adopt ordinances and resolutions con-
cerning the control and management of the fiscal and municipal
affairs of the city, and of all property, real and personal, belonging
thereto and also all ordinances and resolutions deemed proper to
secure the selection of honest and competent officers and to promote
efficiency and integrity in the discharge of official duties, and may,
in their discretion, provide for the establishment and maintenance
of an employment bureau, by the aid of which unemployed persons
may secure employment; and no injunction shall be awarded by any
court or judge to stay the proceedings of the city of Richmond in
the prosecution of its works, authorized to be done under this charter,
unless it be manifest that it, its officers, agents or servants are
transcending the authority given it by this charter, and also that the
interposition of a court of equity is necessary to prevent injury that
cannot be adequately compensated in damages.
They shall, in addition, likewise have power to make such or-
dinances, resolutions and regulations as they may deem desirable
and suitable to carry out the following specified powers, which are
hereby vested in them.
19a. To establish markets in and for said city; provide suitable
buildings therefor, and to enforce such regulations as shall be necessary
or proper to prevent huckstering, forestalling, and regrating.
19b. To erect or provide, in or near the city, suitable work-
houses, houses of correction or reformation, and houses for the recep-
tion 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 benefits of the poor laws;
appoint officers and other persons connected 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.
On complaint to the police justice of the city of Richmond that
any person has ccme into the city who is likely to be chargeable
thereto, such justice may, by warrant, cause such person to be re-
moved to the county, city or town whereof he was last legally
settled, unless he be so sick or disabled that he cannot be removed
without danger to life, in which case he shall be provided for, in
the first instance, at the charge of the city of Richmond and after-
wards removed. The overseer of the district or the council of such
city or town wherein such person was last legally settled, shall,
upon his being removed thereto, provide for him, and the board of
supervisors of the county or council of the city or town, as the case
may be, shall repay all the charges incurred for his maintenance, care
and removal; and if he die before removal, shall repay the charges of
his burial and those incurred during his sickness. If they fail to
comply with such requirements, complaint may be made before the
circuit court of the county or the circuit or hustings court of the
city in which there is such failure, and a summons may be awarded
against such supervisors or council; upon the return of which ‘‘exe-
cuted”’ the court may order repayment of the charges aforesaid and
compel obedience to such order.
19c. To erect and keep in order all public buildings necessary
or proper for said city; to establish and maintain public squares,
parks, playgrounds and boulevards and to cause the same to be
laid out, equipped or beautified, whether the same be located within
the corporate limits or within five miles thereof; to maintain nurseries
for the propagation and growth of trees and shrubs to be used for
the purpose of improving, shading and ornamenting such squares,
parks, playgrounds, boulevards and streets of the city; and may
authorize the exchange or donation of any surplus stock of such
trees or shrubs to be used for a like purpose by other persons or
corporations within or without the city.
19d. To erect within said city a prison and public jail, the same
to be of such size, compartments and equipment as may be necessary
for the safekeeping and maintenance of all prisoners ordered or
sentenced to be confined therein, whether so ordered or sentenced
under the laws of the Commonwealth or under the ordinances of
the city of Richmond, and to erect and maintain in connection with
such prison, if the council shall so determine, or on some other site,
within or without the city of Richmond, a suitable workhouse or
workhouses and a house or houses of correction or reformation for
such prisoners, and when authorized by the hustings court of the
city of Richmond, or the hustings court of the city of Richmond.
Part II, to compel and require all able-bodied adult prisoners confined
as aforesaid to perform manual labor in such workhouse or houses,
and all youthful prisoners so confined as far as practical employed
in such house or houses of correction and reformation, under rules
and regulations to be prescribed by the council of the city of Rich-
mond, and approved by the said courts.
19e. To establish, maintain, enlarge or improve water works,
gas works, and electric plants within or without the limits of the
city of Richmond, and furnish water, gas and electricity to consumers
for domestic or commercial purposes and charge and collect com-
pensation therefor, whether within or without the corporate limits
and to accomplish these purposes, to contract and agree with owners
of land for the use or purchase thereof, and for all land, rights or
easements necessary for the construction, maintenance or repair of
dams, sluices, conduits, culverts, pipes, basins, reservoirs, poles or
wires connected therewith, or any fixture or appurtenance thereof
or may have the same condemned for said purposes and for the
supplying of water to any canal, sluice, pipes or other fixture or
appliance used in connection with said water works whenever, in
their discretion they may deem the same necessary or desirable;
provided, that the natural drainage of any roads, streets or lands
outside of its corporate limits shall not be impeded or illegally
interfered with by the city in the erection or construction of the
works and improvements or the doing of any other acts authorized
by this charter. They shall have power to protect from injury
by adequate penalties the said works, pipes, poles, wires, fixtures,
land and canals, or anything connected therewith, within or without
the limits of said city, and to prevent the pollution of water in James
river or in any branch or stream flowing into the same or into any
canal from which a water supply may be obtained by prohibiting
the throwing or discharge in any manner of any filth, offensive or
deleterious matter or liquid therein so as to render, or prebably to
render, the water impure. There shall be no lease nor sale of the
city gas, water or electric works, unless the proposition shall first
be submitted to the voters of the city of Richmond, at some regular
election and receive in favor thereof a majority of all votes cast at
such election.
19f. To establish, construct, maintain, keep in order, alter or
repair landings, wharves, docks, canals and streets and apprcaches
thereto and the lands contiguous or appurtenant thereto, which are
now owned or controlled by the city of Richmond or which may
hereafter be acquired by gift, purchase, condemnation or otherwise
for such purpose either within the corporate limits or within five
miles thereof, and to that end the city of Richmond is expressly
authorized to acquire by condemnation or otherwise docks, wharves,
canals, approaches thereto or lands to be used in connection there-
with and to control, operate and maintain the same for such purpose,
and in connection therewith may prescribe and collect reasonable
charges from vessels coming to or using the same, or may lease the
use of such landings, wharves, docks or canals upon such terms and
conditions as to them may seem proper, and may regulate the use
of other wharves and landings located within the corporate limits or
within five miles thereof, and shall have power to prevent or re-
move obstructions from the harbor of James river and in and upon
landings, wharves, docks or canals and collect the cost of such re-
moval from the person or persons responsible therefor; and the said
city shall be authorized to close or discontinue the use of any such
wharf, landing, dock or canal now owned or hereafter acquired by the
said city, and upon the closing or discontinuance of such use the same
shall thereupon be forever discharged from any public use or ease-
ment or from any obligations theretofore imposed by reason of such
public use or easement, by statute or otherwise. Provided, that
before the dock or any part thereof, conveyed by the Chesapeake and
Ohio Railway Company to the William R. Trigg Company, by deed
dated the first day of June, nineteen hundred and one, in accordance
with the provisions of the act of assembly approved February fifteenth,
nineteen hundred and one, shall be closed or filled in, the city of
Richmond, at its sole cost and expense, shall make provisions for
disposing of the water required by said act to be delivered into said
dock and shall, at its cost and expense, maintain the provision so
made, and in the event of such abandonment, closing or discon-
tinuance of the use of such landing, wharf, dock or canal the said city
shall have the right to use or dispose of the land upon which the
said landing, wharf, dock, or canal may be located together with all
lands or other rights appurtenant thereto, to the same extent as if
the said landings, wharves, docks, canals or lands, or right thereto
belonging had never been charged with any public use or easement.
The said city shall have the power to improve and keep in good, safe
and navigable condition the harbor of James river within the corporate
limits and within five miles thereof, and to that end may acquire
by condemnation or otherwise all lands or interests therein deemed
by the council necessary for such improvement and to hold such
land for such purpose, or lease, sell, or otherwise dispose of the same
for the better improvement, maintenance or use of such harbor.
They may also appoint port wardens for the port of said city, who
shall exercise such powers as the council may give them up to the
port warden’s lines, as they may be established from time to time
by the United States government, and fix their fees and compensa-
tion. The city council of said city shall, in addition, have and
exercise all the powers and be charged with all the duties imposed
upon it by chapter one hundred and forty-five of the Code of Virginia,
nineteen hundred and nineteen, as the same now exists or as the
same may be hereafter amended, which powers it may delegate to
some proper committee of persons to be designated by the said
council.
19g. 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 conduits under said streets, or authorize
the construction of conduits, and annex conditions and restriction
to the construction, maintenance and use thereof, and may require
such conduits to be altered, removed or re-located, either permanently
or temporarily, and they may prevent or remove any structure, ob-
struction 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 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 compensated in damages. And in any action against the
city to recover damages against it for any negligence 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 dam-
ages 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 any injury to any person or property al-
leged 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, or the
personal representative of any decedent whose death is the result
of the alleged negligence of the city, its officers, agents or employees,
of the nature of the claim and 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 sixty days after such cause of
action shall have accrued, and no officer, agent or employee of the
city shall have authority to waive such conditions precedent or any
of them.
19h. To construct and maintain or authorize the construction
of maintenance of bridges and viaducts over James river or other
stream or creek, or over any ravine, where any portion thereof is
within the city limits, and to construct and maintain, or authorize
the construction and maintenance of subways, vaults, areas, or
cellars under the streets or other places, or elsewhere within the
limits of the city, and charge and collect compensation for use of
same, and to prevent injury to or obstruction of the streets, alleys,
or other public places or property of the city, and may charge tolls
for the use of any such bridge or viaduct by the public, and require
compensation for the use thereof by transmission or transportation
companies, unless and to the extent that the right to charge such
compensation shall be restricted or prevented by any contract hereto-
fore or hereafter made with any of such companies.
191. To authorize the laying down of railway tracks in the
streets of the city and the running of cars thereon under such con-
ditions and regulations as they may prescribe, and also from time to
time to prescribe additional conditions and regulations as to the
construction, reconstruction, repair, and maintenance of the tracks,
roadbed, and cars, and the running of cars on such tracks. The city
council may take, under any contract heretofore made, hold, main-
tain and operate any street railway and fixture thereto belonging,
lying within the city and the lots and buildings and appurtenances
owned by such company, and the equipment thereof, and maintain
and operate the same for the carriage of passengers or freight, for
hire or reward, or, when so taken, the council may grant the same to
be operated by some other person; and, in order to meet the expenses
of such acquisition may issue bonds, to be known as “‘city railways
bonds,’”’ and secure the same upon the roadbed, tracks, rolling stock,
and earnings of such street railway. The city council may likewise
construct sewers, culverts, or drains under the streets, alleys or
other public places in the city and may compel the use thereof, and
may cause to be assessed upon the real estate benefited thereby the
expense of such construction: to the extent of the peculiar benefits
resulting therefrom to such abutting land owners. Or they may, in
lieu of such assessment, assess and collect compensation for the use
of such sewers, culverts or drains, and compel the payment of such
compensation. And the city council may acquire, by condemnation
or otherwise, any interest or right of any property holder in and to
the use of any sewer, culvert or drain already constructed in the
city, and when such right shall be so acquired, charge such person
for the use of the same.
19}. 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 railroad within
the said city, and may wholly exclude the said engine or cars, if
they please, provided no contract be thereby violated.
19k. To regulate and prescribe the breadth of tires upon the
wheels of wagons, carts, and vehicles of heavy draft upon the streets
of said city, and to limit the speed of street cars and vehicles on the
streets, and to prescribe thé motive power that may be used for
their propulsion, and also to prescribe the kind, character, and
weight of vehicles that may be used in parks and on any particular
street or streets, and generally to regulate all travel and traffic on
the streets, roads, bridges, walks and other public places of the city.
191. To require the weighing, measuring, or gauging and the
inspection of any article for sale or barter.
19m. 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 or measures to be sealed by the city
sealer, and to be subject to his inspection; and may impose penalties
for any violation of any such ordinance.
19n. To grant aid to military companies and regiments organized
within the city; to societies or associations for the advancements of
agricultural and the mechanic arts, to scientific, literary and benevo-
lent societies; provided, such societies 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; and the council may, in their
discretion, establish a system of pensions for injured, retired or
superannuated city officers and employees, members of the police
and fire departments, public school officers, public school teachers,
and other public school employees in said city, either severally or
collectively in such manner and to such extent as the council may
deem desirable, and to that end may establish a fund for the pay-
ment of such pensions, either by making appropriations out of the
treasury of the city, by levying a special tax for the benefit of such
fund, by requiring contributions payable from time to time from
the persons actively engaged in the occupations hereinbefore enumer-
ated, or by any other mode not prohibited by law.
190. 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; to pro-
vide for the appointment and organization of a board of health, with
authority necessary for the prompt and efficient performance of its
duties; to authorize the supervision by a city official of the construction
and maintenance of all water and sewer pipes, traps, or other fixtures,
and the construction and maintenance of dry closets in localities where
there is no sewer available for use, and to require the use of such pipes,
traps, and other fixtures and closets deemed proper as sanitary
measures by the city council, or said board of health or health officer,
with power in said board of health to make rules and regulations con-
cerning the construction and maintenance of the same and to prescribe
and enforce penalties for the violation of such rules and regulations,
and also with power vested in the council to provide what com-
pensation shall be paid to the city of Richmond by the owners of
property on which are located and maintained dry closets for the
removal of night soil therefrom by the city of Richmond, and the
manner of collecting and securing the payment of such compensation.
The council shall likewise have power to prescribe the duties of
the coroners of the city of Richmond who may be appointed, as
provided by general law, by the judge of the hustings court, who
shall receive such compensation as may be determined by the council,
in lieu of fees; provided, such compensation shall not be less than
two thousand dollars per annum. All fees recoverable by general
law out of the estates of decedents shall be collected by such coroner
or coroners and shall be paid into the treasury of the city. Each
such coroner shall be a physician of not less than five years standing,
and shall also be a chemist. He or they shall hold all inquests and
make all necessary post-mortem examinations without the assistance
of any medical experts, unless such assistance shall be authorized by
the mayor.
19p. To provide, in or near the city lands to be appropriated,
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 burying ground; may regulate burials in said
grounds, and may require the keeping and return of bills of mortality
by the keepers or owners of all cemeteries.
19q. To establish a quarantine ground for the city; but before
said ground shall hereafter be located in any county the assent of the
circuit court of said county or the judge thereof in vacation shall be
obtained. .
19r. To require and compel the abatement and removal of all
nuisances, and to raze or compel the proper repair of all unsafe or
dangerous buildings, walls, or other structures or building which, by
their neglect or otherwise, constitute a menace to health or thereby
are liable to originate or spread fire 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 or the owner or owners of
such building or other structure; to prevent or regulate slaughter-
houses and soap and candle factories within said city, or the exercise
of any dangerous, offensive, or unhealthy business, trade or employ-
ment therein, and to regulate the transportation of coal and other
articles through the streets of the city.
19s. If any ground in the said city shall be subject to be covered
by stagnant water, or if the owner or owners, occupier or occupiers
thereof, shall permit any offensive or unwholesome 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 any of them, by distress and sale, in the same manner in which
taxes, levied upon real estate for the benefit of said city, are author-
ized 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.
19t. To direct the location of all buildings for storing gun-
powder or other combustible substances, and to regulate the sale
or use of gunpowder, fire-crackers, or fireworks manufactured or
prepared therefrom, kerosene oil, gasoline, benzine, benzoline, naptha-
lene, nitro-glycerine, camphene, burning fluid, or other combustible
or inflammable material; to regulate the exhibition of fireworks, the
discharge of firearms, the use of candles and lights in barns, stables,
and other buildings, and to restrain the making of bonfires in streets
and yards.
19u. To prevent hogs, dogs, and other animals from running 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.
19v. 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 sport in the streets or public
alleys dangerous or annoying to passengers, and to prohibit and
punish the abuse of animals.
19w. To restrain and punish drunkards, vagrants, mendicants,
and street beggars.
19x. To prevent vice and immorality; to preserve public peace
and good order; to prevent and quell riots, disturbances, and dis-
orderly assemblages; to suppress houses of ill fame and gaming
houses; to prevent lewd, indecent, and disorderly conduct or exhi-
bitions in the city, and to expel therefrom persons guilty of such
conduct who shall have not have resided therein as much as one year.
19y. To forbid and prevent the vending or other disposition of
liquors and intoxicating drinks, to be drunk in any canal boat, store,
or other place not duly licensed, and to forbid 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; to grant, or
refuse, licenses to sell wine or spirituous or fermented liquors, under
such regulations as it may prescribe, not in conflict with general law,
and to limit the number of licenses so granted; and for any violation
of any such ordinance may impose fines in addition to those prescribed
by the laws of the State.
19z. 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 the captain or master of any
vessel bringing such passengers to Richmond, to enter into bond,
with satisfactory security, that such persons shall not become charge-
able to the city for one year, or may compel such 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. When, by the provisions of this charter or the Constitution
and general laws of this State, the city council is authorized to pass
ordinances on any subject, they may provide and impose suitable
penalties for the violation of such ordinances or any of them, by fine
not exceeding five hundred dollars or imprisonment not exceeding
six months or both, and upon conviction for violation of any ordinance
the presiding justice or judge may require bond of the person so
convicted with proper security in the penalty of not more than two
thousand dollars conditioned to keep the peace and be of good be-
havior and especially for the period of not more than one year not
to violate the ordinance for the breach of which he has been convicted.
Such imprisonment may be ordered to be with or without labor;
when ordered to be with labor the council may, by ordinance, declare
what kind of labor shall be done for the city by such offenders either
at said jail or elsewhere in said city. And the city council may
subject the parent or guardian of any such minor, or the master or
nistress of any apprentice, to any such fine for any such offense com-
mitted by such minor or apprentice. From any fine or imprison-
ment imposed an appeal lies to the hustings court of the city, as in
cases of misdemeanor. Whenever any fine or penalty shall be
mposed but not paid, the police justice, or court having jurisdiction
as the case may be, if he shall not order the party to be imprisoned
in the city jail, may, unless an appeal be taken forthwith, issue a
writ of fieri facias for said fine, directed to the sergeant of the city.
Such writ shall be returnable to the said police justice within sixty
days from its issuance.
21. No ordinance hereafter passed by the city council for the
violation of which any penalty is imposed shall take effect until the
same shall have been published for five days consecutively in one
of the daily newspapers of said city, to be designated by the said
council; provided, however, that the requirement shall not apply to
an ordinance merely granting to a person some individual right or
privilege, nor to any ordinance re-ordained, or amended or re-ordained
in or by compilation or codification of said ordinances. A record
or entry made by the clerk of said city, or a copy of such record or
entry duly certified by him, shall be prima facie evidence of the time
of such publication; and all laws, regulations, and ordinances of the
city council may be read in evidence in all courts of justice, and in
all proceedings before any officer, body or board in which it shal!
be necessary to refer thereto, either from a copy thereof certified by
the clerk of said city or from the volume of ordinances printed by
the authority of the city council.
22. In order to carry out effectually the powers conferred by
this charter, the city of Richmond is hereby expressly authorized to
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 subject
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, land 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 devoted 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 sub-
ject, 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-resident o
this State, or cannot, with reasonable diligence, be found in thi:
State, or is unknown.
23. In every case where a street or alley in said city has beet
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 encroach
ing, to remove the same. If such removal shall not be made within
the time ordered by the council, they may impose a penalty of five
dollars for each and every day that it is allowed to continue there-
after, and may cause the encroachment to be removed and collect
from the owner all reasonable charges therefor, with costs, by the
same process that they are hereinafter empowered to collect taxes;
provied, however, that in any case where a street or alley, as originally
laid out or established, has, at the time of the passage of this act,
been encroached upon by any building for a period of twenty years,
the part of the street so encroached upon and actually occupied
by said building shall not be reclaimed or taken possession of by
said city for the public as a street or alley until said building shall
be rebuilt, or destroyed, or removed, or until the front of the building
shall be removed or rebuilt. Hereafter the said city shall have the
right to sue in ejectment to recover possession of land claimed by
her as a public highway.
24. Whenever any piece, parcel or strip of land shall have been
opened to and used by the public as any street, alley, 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 and interest
therein, as they have by law over the streets, alleys and lanes laid
out by it, and thereafter no action shall be brought to recover such
piece, parcel or strip of land so opened to and used by the public
as aforesaid. And any street or alley reserved in the division or
subdivision into lots of any portion of the terrirory within the cor-
porate limits of the city, by a plat or plan of record, shall be deemed
and held to be dedicated 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 agree-
ment 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 or 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. The council, by a majority vote of all members elected to
each branch thereof, or where general appropriations are provided,
the advisory board, by a majority vote thereof, may order local
public improvements, the cost of which is to be apportioned between
the city and the abutting landowners. Whenever such an improve-
ment shall be ordered making or improving the walkways upon then
existing streets or improving and paving then existing alleys or for
the construction of sewers by order of the council, the cost thereof
shall be apportioned between the city and the abutting landowners
benefitted thereby, unless the council shall direct that the whole
cost of the improvement be paid out of the public treasury. In all
such cases it shall be the duty of the advisory board to ascertain
and determine what proportion thereof shall be borne by the city
and what proportion shall be borne by abutting owners. The tax
or assessment thus imposed shall not be in excess of the peculiar
benefits resulting from the improvement to such abutting land-
owners but may in all cases equal such benefits; provided, however,
that such cost may in any case be apportioned in pursuance of an
agreement between the council or board and said landowners.
The advisory board, the city and the said abutting landowners
shall each have, respectively, all of the rights and duties especially
as to notice and the service thereof, hearing appeals and the ac-
quisition of liens which are prescribed in section thirty hundred and
sixty-eight, thirty hundred and sixty-nine, thirty hundred and seventy
and thirty hundred and seventy-one of the Code of Virginia or any
amendments thereof, and all proceedings shall be in accordance
therewith. .
26. The city council shall fix the pay of all officers whom they
are authorized to appoint under section twenty-seven-a of this
charter, as well as the pay of the heads of all the departments, whose
election is provided for in section twenty-eight hereof; and the heads
of the respective departments, with the approval of the advisory
board hereinafter created, shall fix the pay of all officers and the
wages of all employees of the city in departments under their control,
and such compensation may, from time to time, be increased or
dimished by the heads of said departments with the approval of said
advisory board, any increase not to take effect, however, until the
expiration of the fiscal year during which such increase is made;
provided, however, that when the work of any officer or employee
shall have been increased by 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 of
such officers or employees may be at once increased.
27. If any person, having been an officer of said city, shall not,
within ten days after he shall have vacated or been removed 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 property, 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 cost. And all books,
records, and documents used in any such office, by virtue of any such
provision of this act, or of any ordinance or order of the city council,
or any superior officer of said city, shall be deemed the property
of said city and appertain to said office, and the chief officer thereof
be responsible therefor.
27a. There shall be elected by the people one commissioner of
the revenue, whose term of office shall be four years from the first
day of January succeeding his election, and there shall be appointed
by the council in joint session on the first Monday in June 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 officers 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
officers 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-officio clerk of council com-
mittees, and whose compensation shall be fixed by the city council,
and who shall be authorized to act as city clerk in the absence or
disability of the said city clerk.
27b. The council may create such offices and clerkships as they
may deem proper, in addition to those herein provided for, and
define their powers and prescribe their duties, fix their compensation
and require bonds with sureties in proper penalties, payable to the
city by its corporate name, with condition for the faithful performance
of such duties. In case of vacancies occuring in any such municipal
office, elective by them other than those appointed by the mayor
and confirmed by the council, they shall elect a qualified person to
fill such office during the unexpired term.
27c. 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 en-
forcing 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 juris-
diction 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. In all cases where a bond is required
of any officer, such bond shall be conditioned for the faithful discharge
by himself, his deputies, assistants or other subordinates of the duties
imposed on him by this charter and all ariinances passed in pursuance
hereof.
27d. No property within the territorial limits of the city, nor
within five miles of the corporate limits thereof, shall be laid out
by the owner thereof with streets and alleys therein except upon a
plan to be first approved by the director of public works whose
appointment is hereinafter provided for.
27e. The council, with the consent of the board of supervisors,
of the county of Henrico or the county of Chesterfield, as the case
may be, may contribute in whole or in part to the grading, paving,
gravelling, curbing, guttering, lighting or other improvement of any
of the streets or roads in said counties within five miles of the cor-
porate limits of said city; provided, that nothing in this section con-
tained shall affect the rights of the city under sections nineteen hun-
dred and seventy-two-a and two thousand and sixteen of the Code
of Virginia or any amendment thereof; and provided further that,
in the event of annexation, the city shall have credit for such ex-
penditures in the manner provided by section twenty-nine hundred
and fifty-eight of the Code of Virginia.
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 subdivisions of any department where absolutely
necessary, or abolish existing departments and distribute the functions
thereof or establish temporary departments for special work.
At the head of each department, except the departments of law
and finance, there shall be a director, whose term of office shall be
two years, to commence on the first day of October of the year in
which appointed, who shall be appointed by the mayor, subject
to confirmation by the council of the city of Richmond, at a joint
meeting of the two branches to be called for that purpose on the
first day of September of the year in which their terms commence,
or as soon thereafter as practicable, the terms of office of the directors
first appointed under this section to commence on the first day of
October, nineteen hundred and twenty-six. All of such directors
and heads of departments shall be chosen by reason of fitness, training
and education for the duties which pertain to the departments to
which they belong.
The persons now in office shall continue to serve until the first
day of October, nineteen hundred and twenty-six, and thereafter
until their successors are duly appointed and qualify, unless sooner
removed by the mayor or the council, and provided further, that
should the council fail, within ten days after the appointment re-
quired to be made by the mayor to confirm the same, the mayor
shall, within ten days thereafter, appoint another suitable person and
report such appointment to the council for confirmation, and the
same procedure shall continue until the council shall have confirmed
the appointment made by the mayor. In case of vacancies occurring
in the office of director of any of the departments hereinbefore
enumerated, except the head of the legal department 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 shall
have power to appoint such number of officers, assistants, clerks
and employees as he shall deem necessary for the proper administra-
tion of his department, and fix their compensation and wages, subject
to the approval 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
departments under their control, and shall each be responsible to
the mayor for the efficient management of their departments, and
their advice in writing may be required by the mayor on all matters
affecting 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, from every source whatsoever, other than revenues derived
from a bond issue, or by temporary loans, 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 city 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 subject
the rate should be increased so as to produce the desired revenue.
28a. 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-officio chairman, to whom the head of any depart-
ment may refer for their final adjudication all questions arising
concerning 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 submitted 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 ke 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 be 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 re-
turned to the head of the department submitting the same, and shall
be final and conclusive and ‘operate to control such heads of depart-
ments in the conduct 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.
29. The heads of the several departments shall have the exclusive
control of the doing of all work necessary for their respective de-
partments and the purchasing of all supplies and materials therefor
in accordance with the ordinances and resolutions of the council;
provided, however, that no contract in excess of one thousand dollars,
made for the purposes aforesaid, shall be effective until it shall have
been approved by the advisory board, and then only after an ordi-
nance or resolution making the appropriation therefor, unless an ap-
propriation covering the same has already been made in the annual
budget, 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 certifi-
cate, showing the nature of such emergency and the necessity for.
the expenditure. All contracts for work or material shall only be
let after due advertisement 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 advertisement, bidding and letting to contract of work to be
done and materials 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 all materials furnished under any contract for the
city which they are authorized to make, and no bill for such work
or supplies 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 storeroom 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 any 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 necessary 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. Whenever the
advisory board shall order any street, alley or public place to be
graded or the grade thereof to be changed and the new grade to be
executed, if the improvement be such as may cause damage to the
abutting landowners, it shall be the duty of the board, when the
improvement is ordered to be made, to proceed by personal in-
spection of all the premises likely to be affected by such work to as-
certain what damages, if any, will accrue to the owners of the several
properties so likely to be affected. It shall then be the duty of the
board, upon such ascertainment having been made, to give such
notice and hearings and to proceed in such manner as may be pre-
scribed by statute, and their determination subject to such appeal
as may be allowed by law shall have the effect of a judgment.
31. The council, on the first Monday in June, nineteen hundred
and twenty-six, and every two years thereafter, shall appoint a
suitable and proper person, who shall be the attorney and counsel
for the corporation, who shall be the head ot the legal department,
and who shall hold his office for the term of two years from the first
day of July following his appointment unless sooner removed, and
until his successor shall be appointed and qualify. The city attorney
now in office, unless sooner removed, shall continue to serve 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 business 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, advisory board, city council, or any
committee thereof, and of the heads of the departments of the city
government; 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; 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 prosecution when the case shall come into court, and, with the
approval of the mayor, shall institute and prosecute all legal pro-
ceedings 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 resolution of the city council.
32. 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 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.
33. The city attorney shall keep his office in such place as the
city council may direct, and shall keep therein a docket of all cases
to which the city may 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
mayor, city council and the members thereof; and the city attorney
shall appoint competent persons to act as his assistants, and also
secretary and assistant secretary and clerk, and, with the consent
of the advisory board, may employ an additional assistant or assist-
ants and such other office force as he shall deem necessary for the
proper conduct of the law department, but any or all of such assist-
ants or other employees may be removed at any time by the said
city attorney. }
34. The council, on the first Monday in June, nineteen hundred
and twenty-six, and every two years thereafter, shall appoint a suit-
able person to be known as the city comptroller who shall be the
head of the department of finance and who shall hold his office for
the term of two years from the first day of July following his ap-
pointment, unless sooner removed, and until his successor shall be
appointed and qualify. The city comptroller now in office, unless
sooner removed, shall continue to serve until his successor shall be
appointed and qualify. He shall receive such compensation as the
council may determine and shall keep his office in the city hall, or
such other place as may be designated by the 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 year 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 persons required by order of the mayor or ordinance
of the council to make such examinations. He shall appoint a deputy
comptroller who shall act for him during his absence or disability
and such other officers, assistants, clerks and employees as he may
deem necessary for the proper conduct of his department, subject
to the approval of the advisory board, but any or all of such officers
or other employees may be removed at any time by the said comp-
troller.
35. The said comptroller shall be charged with and exercise a
general supervision over all the officers and employees of the city
connected with the department of finance, or charged in any manner
with the assessment, receipt, collection, or disbursement of the city
revenues, and the collection and return of such revenues into the city
treasury, and prescribe such system and regulations necessary for
the better reporting and accounting for all city revenue and receipts.
He shall have the custody and charge of all deeds, mortgages,
contracts, judgments, notes, bonds, debts, and choses in action be-
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 any account, claim, or demand presented; and the person so sworn
shall, if he swears falsely, be guilty of wilful and corrupt perjury, and
be subject to punishment by confinement in the penitentiary for not
less than one nor more than five years.
37. All money found to be due and payable by the said comp-
troller to any person shall be drawn for by said comptroller by warrant
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 warrant 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 account
of which said money is drawn, provided that between the commence-
ment of any fiscal year and the passage of the annual appropriation
ordinance for such fiscal year, the comptroller may pay salaries in
such amounts as shall be fixed in accordance with law and also pay
bills and other charges against the city of Richmond, when the
same are properly approved by the heads of the respective depart-
ments.
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 adjustments of
his accounts, when 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 neglect of such officer to adjust his said accounts or pay over said
balance into the treasury 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 removal
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
detailed 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 ot 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 out-
standing, 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.
40. The comptroller shall annually submit to the mayor, not
later than January fifth of each year, a detailed report showing the
aggregate income of the then fiscal year from all sources and of the
estimated anticipated revenues of the city for the next ensuing fiscal
year, together with a statement of the amount of liabilities out-
standing upon which interest is to be paid, and of all bonds and
city debts payable during the next ensuing fiscal year, when due,
and where payable, so that the mayor may fully understand the
financial status and the money exigencies of the city for the suc-
ceeding financial year.
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 warrant
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 or 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 shall 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 Rich-
mond 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 city 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 the city
clerk and preserved and kept among the records of the council.
The collector on the recommendation of the comptroller and with
the approval of the advisory board, shall appoint as many deputies
or assistants as may be necessary, the salaries of such deputies and
assistants to be fixed with like recommendation and approval. He
shall maintain an office south of the James river, in the former terri-
tory 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 in said office.
Provided, however, that notwithstanding the provisions of this
section and the provisions of sections forty-four to fifty-one, inclusive,
of this charter, in relation to the duties of the collector of city taxes,
the city council may, by an ordinance adopted by a recorded affirmative
vote of at least two-thirds of the members elected to each branch
of the council, abolish the office of collector of city taxes and ordain
that the city treasurer, duly elected or appointed in the manner
prescribed by general law, shall be vested with all of the powers and
discharge all of the duties prescribed by this charter and under the
ordinances of the city of Richmond for the city collector, and the
city treasurer may thereupon appoint such number of deputies or
assistants as may be necessary for the discharge of the duties imposed
on him by the city charter and ordinances, with the approval of the
city comptroller and the advisory board of the city of Richmond,
and may, with such approval, fix their wages or compensation. But
in any such case, the treasurer shall maintain an office in the former
territory of the city of Manchester, as provided in section forty-
three of this charter and for the purposes therein set out. The
compensation to be paid such treasurer for services rendered the
city shall be fixed and determined by the city comptroller, with the
approval of the said advisory board. In the discharge of the duties
imposed on him by the charter and ordinances of the city, the city
treasurer shall be deemed a city officer in the department of finance of
the city government, and subject to the authority over the officers
of that department given to the city comptroller by this charter, and
especially to the provisions of section thirty-eight thereof. In the
event of his suspension or removal as such city officer, the council
may, by ordinance, transfer his duties and authorites to some other
person pending the election or appointment of a new city treasurer.
He shall give bond to the city of Richmond for the faithful discharge
by himself and by his deputies of the duties imposed on him by the
charter and ordinances of the said city, with sureties satisfactory to
the city attorney, and in an amount of not less than fifty thousand
dollars ($50,000), or such larger amount as may be required by said
comptroller, with the approval of said advisory board, which bond
shall be filed with the city clerk and preserved and kept among the
records of the council.
44, The said collector shall receive all moneys belonging to the
city and collect all assessments, levies and taxes, and shall keep his
office in the city hall or other place as may be required by the council.
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
members 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 liable 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
treasury 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 comp-
troller 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
mont
48. The collector shall also report to the comptroller at the end
of each fiscal year, and oftener if required, a full and detailed account
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 re-
port 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 im-
mediate removal from office by the comptroller.
51. It shall be the duty of the collector on the first Monday in
February of each succeeding year to turn over to the comptroller of
the city all bills, assessments and accounts for all preceding years
upon which there’shall then remain unpaid any part of any tax or
assessment due the city, and thereupon the said comptroller shall
turn over the same to an assistant collector of taxes, to be known
as the collector of delinquent taxes, and to be appointed by the comp-
troller, who shall hold his office during the pleasure of the comptroller
and until his successor shall be elected and qualify, unless sooner
removed from office. He shall perform such duties and give such
bond as may be prescribed by the comptroller, the said bond not to
be for 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 pro-
ceedings 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 nonpayment of. any tax or assessment
imposed by law, as hereinafter provided. The said collector of de-
linquent taxes shall have the same power to collect all bills, assess-
ments 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 delinquent
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
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 the sale, and recovered
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. Incase 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 shall 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 so
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, committee or com-
mittes thereof, and 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, deliver to him such lists
as are mentioned in sections twenty-two hundred and seventy-four
and twenty-two hundred and seventy-five of the Code of Virginia,
nineteen hundred and nineteen, and acts amendatory thereof, as far
as may relate to lands in said city.
57. As soon as said commissioner of the revenue shall have
ascertained 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 schedules
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 the 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
publication 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
consider all objections that may be made, and shall have the power
to alter, add to, take from and otherwise correct and revise the
assessment 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 correctness 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 decision
shall be final; provided, however, that in every case the assessment
of the value of real estate and personal property for purposes of city
taxation shall be the same as the assessment thereof for purposes
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 question as may be put to him in relation 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 removed
from office by the commissioner. During the continuance in cffice
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 Rich-
mond, on the recommendation of the comptroller, may fix the com-
pensation of the commissioner of the revenue for services rendered
the city.
59. The city council may, in the name and for the use of the
city, contract loans or cause to be issued certificates of debts or bonds;
but such loans, certificates, or bonds shall not be irredeemable for a
period greater than thirty-four years, but the bonds or interest-
bearing debt of the city of Richmond, shall not, in the aggregate,
exceed eighteen per centum (18%) of the assessed value of the tax-
able 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 created or issued in violation of this provision, shall be void as
to said city. In determining the limitation of the power of the city
to incur indebtedness, there shall not be included certificates or
indebtedness, revenue bonds or other obligations issued in anticipa-
tion of the collection of the revenue of the city for the then current
year; provided that such certificate, bonds, or other obligations
mature within one year from the date of their issue, and be not past
due, and do not exceed the revenue for such year.
60. There shall be set apart annually, from the accruing revenues
of the city, a sum not less than one per centum of the city debt exist-
ing 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 redeemable, then the
residue of the sinking fund shall be invested in the bonds or certifi-
cates 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 herein-
before provided for the present existing debt of the city. The com-
mittee, 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 committee,
board, or city official 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, issues,
exchanges or other business of whatever character, including a state-
ment 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 acts of all
ministerial officers in connection therewith, and any such ordinance
heretofore passed is hereby validated and confirmed.
62. The city council may grant or refuse licenses, and in the
event of the refusal to grant any license, may prohibit the conduct of
business without such a license, and may require taxes to be paid on
such licenses, to auctioneers, to public theatricals or other perform-
ances or shows; to keepers of billiard tables, tenpin alleys and pistol
galleries; to hawkers and peddlers in the city; or person to sell goods
by sample therein; 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 preceding section; provided the council shall in addition be ex-
pressly authorized and empowered to regulate the sale at auction of
jewelery, clocks, gold and silverware, gold and silver plated ware,
rugs, curtains, carpets, tapestries, statuary, porcelains, china ware,
pictures, paintings, bric-a-brac, or other articles of virtue and may also
prescribe the time, manner and conditions under which such auction
sales may be held and shall also have power to enact and enforce by
adequate penalties all ordinances deemed necessary or expedient to
prevent fraud or deception in the sale of any goods, wares or mer-
chandise in the city of Richmond or within one mile thereof. They
may also grant or refuse such license to all sellers of 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 keepers
of wagons, drays, trucks, carts, hacks, and other wheeled conveyances
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 sub-
ject the same to such regulations as they may deem proper, and may
prescibe 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 treas-
urers of the counties of the State for the collection of State taxes.
65. All goods and chattels, wheresoever found, may be distrained
and sold for taxes assessed and due thereon and for taxes assessed
against the owner thereof, 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 conveyed from being dis-
trained and sold for taxes assessed thereon, no matter in whose pos-
session they may be found.
66. Any payment of taxes on real estate made by the tenant,
unless 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.
67. There shall be a lien on all real estate and on each and every
interest therein for the city taxes assessed thereon from the com-
mencement of the year for which they are assessed. The city coun-
cil 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 pre-
scribe for charges. Such real estate shall be sold and may be re-
deemed under the provisions hereinafter made.
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.
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 com-
pleted. 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 assess-
ment, with charges and expenses specified; but the collector of de-
linquent taxes shall not, for himself, either directly or indirectly.
purchase any real estate so sold.
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 collector
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 aggre-
gate amount of tax or assessment with charges and expenses specified,
and shall deposit the same with the comptroller of the city.
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, re-
mainder or otherwise, may redeem the same by payment to the pur-
chaser, his heirs or assigns, within two years from 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,
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 ac-
crued for taxes thereon, if the same had not been purchased for the
city, with interest on the said purchase money and taxes at the rate
of six per centum (69,) 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 purchaser, 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 im-
prisoned, whose real estate may have been sold, or his heirs, may re-
deem 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 pur-
chaser, 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 im-
provement that may have been made thereon, with interest on the
said items at the rate of six per centum (6%) 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 as-
signs, 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 re-
deemed, shall, after the expiration of two years from the sale, ob-
tain from the comptroller a deed conveying the same, wherein shall
be set forth what appears in his office in relation to the sale. In no
case shall a deed to any such real estate be made to any such pur-
chaser until after he has given to the person in whose name the real
estate so sold stood at the time of said sale and to the person to whom
said real estate so sold has been conveyed of record subsequent to
the time of such sale or if any of said persons be dead, then to his or
their personal representatives and heirs or devisees, and to the trus-
tees, mortgagees and beneficiaries, as shown by the records in any
deed of trust or mortgage on said real estate, or their personal repre-
sentatives, four months’ written notice of his said purchase; provided
that no notice need be given to any trustee, mortgagee or beneficiary
in any deed of trust or mortgage which has been recorded, or the lien
thereon renewed, more than twenty years prior to the date of such
sale; and the person entitled to redeem the said real estate shall have
such right of redemption at any time before the expiration of said
four months, although such time extend beyond the two years men-
tioned herein. 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 purchaser 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 re-
corded, 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 thereon, or that the taxes
properly chargeable on such real estate have been paid. And if it
be alleged that the taxes, for the nonpayment 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 pur-
chaser of real estate under the next succeeding section.
75. In case 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, Virginia, 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 de-
feated only by proof that the taxes for which said real estate 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, recording conveyances
to city of lands sold for delinquent taxes,’’ for recording which certifi-
cate 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 sec-
tion. The said certificate, orjthe 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 invalidate the lien of the city for all taxes
assessed against such real estate, but the city may, at any time, elect
to enforce its lien 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 suitable
person to be known as ‘director of public works.’’ He shall keep
his office in the city hall, or such other place as may be designated
and prescribed by the city council. Upon his qualification, as herein-
before 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 by the city 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 director of public works shall be the general superin-
tendent and have general management and control of the streets,
street cleaning and street repairing, boulevards, public squares, parks
and playgrounds and all culverts, cemeteries and public improvements.
He shall make such surveys, reports, drawings, plans, specifications
and estimates needed in any department of the city government,
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 the surveyor 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 ordinance
of the city or statute of the State and especially the map approved
by resolution of the council of June twenty-four, 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 members of the city council, or to any officer, committee or com-
mittees thereof.
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
aa before 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
food supplies, public hospitals and sanitoriums, public baths, public
charities and private hospitals to the extent of being authorized
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
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 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
keep his office in the city hall or such other place as may be designated
and prescribed by the city council. Upon his qualification, as herein-
before 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.
8la. 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 author-
ized to appoint a manager of each one of said enterprises, to serve
during good behavior, who shall have and exercise, under the direc-
tion of said director, the immediate control of the enterprise of which
he is so appointed manager, and such other officers, assistants, clerks
and employees as he may deem necessary for the proper adminis-
tration 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.
DEPARTMENT OF PUBLIC SAFETY
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 designated
or prescribed by the city council. Upon his qualification, as herein-
before 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 depart-
ment, a chief of the fire alarm and police telegraph, a building in-
spector 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 dis-
tricts as he may deem proper for the best management of the police
force and the prevention and detection of crime, and may alter and
change the same from time to time; he shall have authority to in-
vestigate 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 de-
partment for inability to perform their duties.
86. The director of public safety shall appoint a suitable per-
son 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 public safety
the members of the police force of the city, the number to be fixed
by the council, 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 behavior and efficiency. The chief of police
shall have power to appoint from the force, subject to the approval
of the director of public 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 Common-
wealth and the enforcement 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, regu-
lations 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 removed 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.
87. In time of exigency the mayor may appoint temporarily,
without authority from the city council, a suitable number of ad-
ditional policemen for such time as shall appear necessary, not, how-
ever, to extend beyond the next meeting of the city council. The
mayor may confer police powers upon the clerks of the markets and
their deputies, keepers of parks and cemeteries and their subordinates,
watchmen and custodians of the city reservoirs, and janitors or
superintendent of the city hall and his subordinates, and such other
offcers and employees and their subordinates of the city as shall
have cutody of any other piece or part of the city’s property, so as
to authorize them to prevent any violation of any law or city ordinance
within or upon such piece or parts of the city property as may be
under their charge or custody, and to prevent any injury or damage
from being done to such pieces or parts of the city property, and the
bailiff of the police court shall have police powers when acting under
the orders of the police justice of the city. And he may, in his
discretion, at the request of any person, firm or corporation, confer
police powers upon any person having the custody of private property
as a watchman or custodian; provided, however, that such powers so
conferred shall not extend beyond the bounds of private property
in charge of such watchman or custodian.
88. For the further preservation of the public safety, the city
council shall have power to provide for the establishment, equipment
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 like-
wise have authority to make such appropriation or appropriations 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 maintenance. They may be
called into active service by the director of public safety with the ap-
proval 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 ap-
pointed, as aforesaid, shall have issued to him a warrant of appoint-
ment, signed by the said director and countersigned by the city clerk,
stating 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 be
subject to the same penalties that are prescribed by law as to con-
stables. All fees and allowances arising from the exercise of such
powers shall be collected by the chief of police and held subject to
the order of the said director.
91. The said chief of police may prescribe such uniform and
badges for the police force as he may deem proper, and change the
same after six months’ notice, and shall 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 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 law 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 the number
to be fixed by the council.
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
building of wood shall be erected. They may prohibit the erection
of wooden buildings in any portion of the city without permission
obtained from them. They may authorize the director of public
safety to permit the erection of wooden buildings in any portion of
the city, except such as the council may have designated as portions
within which no buildings of wood shall be erected; provided, how-
ever, 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 the 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 fireproof 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 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 council
may pass any reasonable regulation as to the manner and materials
of construction of all buildings.
95. 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 there-
for. But any person interested 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
expiration 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 damages, and shall
provide for the appraisal, assessment, collection and payment of the
same in the same manner as is provided for the ascertainment, assess-
ment, collection and payment of damages sustained by the taking
of land for purposes of public improvement.
96. The commissioners appointed to appraise and assess the
damages incurred by the said claimant, by the pulling down or de-
struction of such building, or any part thereof, by the direction of the
said officers of the city, as above provided, shall take into account the
probability of the same having been destroyed 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 appraising and assessing the damages, a compliance
with the terms thereof by the city council shall be deemed a full
satisfaction of all said damages of the said claimant. But any party
feeling aggrieved thereby may appeal to the circuit court of the city
of Richmond, which court, in taking jurisdiction thereof, shall be
controlled by the laws regulating assessment of damages to real
estate in other cases.
CHAPTER V.—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 of the hustings court, part
two, of the city of Richmond, one clerk for the law and equity court,
who shall be the clerk of the law and equity 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 compensation for their services the fees and emolu-
ments allowed them. respectively, by law or ordinance.
98. There shall be elected at the general election preceding the ex-
piration of his term of office, and every four 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
four 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. There shall also be an assistant at-
torney for the Commonwealth, who shall be appointed every two
years by the judge of the hustings court, part two, to prosecute the
pleas of the Commonwealth in that court, and generally to attend
to the criminal business arising in that portion of the territorial limits
of the city of Richmond lying south of James river as the same now
exist or may be hereafter changed in accordance with law. He
shall receive a salary of not less than one thousand dollars per annum,
and in addition such fees and compensation as are now allowed by
law to other attorneys for the Commonwealth in cities of the first
class. Such assistant Commonwealth attorney whose appointment is
herein provided for may be removed at any time by the hustings court,
part two, or the judge thereof in vacation 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
circuit 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 certifi-
cate 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
protection of the public interest, upon a rule awarded against such
officer, 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
shall have been made requiring the same to be given, in either case
his office shall be deemed vacant. Such new bond or additional
bond may be given in court, or before the judge thereof in vacation,
and when given in vacation the judge shall certify the fact and
return the bond to the clerk of his court, who shall file and record
the same in his office. The said sheriff, by himself or one of his
deputies, shall attend the circuit, law and equity, law and equity,
part II and.the chancery court of said city, and act as the officer
of said courts. He shall exercise the same powers, perform the
same duties, have the same fees and compensation therefor, and
be subject to the same penalties touching all process issued by said
courts, or by the clerks of said courts, or otherwise 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 the
expiration of his present term of office, and every four years there-
after, by the qualified voters of the said city, one city sergeant, who
shall serve for four 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 provide and appoint, and shall receive
such 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, comfort
and protection of the prisoners in the city jail, and the city shall in no
wise be responsible for the compensation of such guards except guards
appointed by the court when ‘he same are necessary on account of
the insecurity of the jail. Before entering upon his office, 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
he required of him by the court. Such deputies, also, to the said
sergeant, shall be provided as the public service may demand. The
sergeant or his deputies shall be removable by the judge of said
court at any time for good cause. The sergeant and his deputy, or
deputies, shall receive such compensation as may be provided by law.
101. The city 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 powers and author-
ity, and shall perform the duties and be subjected to the same liabilities
and penalties, and be proceeded against in the same manner as
sheriffs.
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 city 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 compen-
sation 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 shall 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
discharge 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 all other courts of record in the city of Richmond,
except hustings court part two.
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 ex-
cepted) 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
Richmond, so far as said limits lie 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 Vir-
ginia. 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 touching
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 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 qualified,
unless sooner removed from office. The said justices of the peace
shall be conservators of the peace within the limits of the corporation
of 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 un-
able 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. 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, for which services while
so acting, he shall receive such compensation as may be determined
by the city council.
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 hearing of such mis-
demeanor and ordinance violation cases as may be authorized by the
city council to be heard at such police stations, under rules and
regulations to govern same and with such compensation 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, the law and equity court of the city of Richmond, the
law and equity court of the city of Richmond, part two, 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 following 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
accurately showing the fees that they have collected, and also fines,
penalties or other money collected by them, respectively, and showing
in detail the authorized payments and expenses incurred by them,
respectively, in the administration of their office, on forms to be
prescribed by the comptroller 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
likewise also keep such books and accounts, all of which books and
accounts shall be open to the examination of the said city auditor
or other person who may be designated by the committee on finance
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 ex-
hibiting of the same to the city auditor, 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 city auditor, or other person designated
by the said committee on finance for that purpose as aforesaid, to
make an examination of the books and accounts hereinbefore required
to be kept, and he shall make such examinations as of the twenty-
eighth day of February and the thirty-first day of August of each
year, and report in detail the result of such examinations, in which
reports shall be shown the aggregate amount of fees, compensation
and emoluments received by each of the persons hereinbefore men-
tioned; whether such fees, compensation and emoluments are author-
ized by law, and what disposition has been made of the funds, if any,
remaining in their hands, respectively, after the satisfaction of his
own compensation and authorized charges and expense against the
same.
109. That the general and enumerated powers of the council of
the city of Richmond embraced in this charter shall be deemed and
considered to be of a legislative character only, and the general and
enumerated powers conferred upon the directors and other heads of
departments of the city government shall be deemed and considered
of an administrative character only and to that end the enumeration
of specified powers in the council shall not be understood as con-
ferring upon the council or its committees administrative functions
nor shall the various directors or heads of departments be deemed
to be vested with or authorized to exercise legislative functions;
provided, however, that nothing herein contained shall prohibit the
council from investing the heads of departments, departments,
executive officers, committees and boards with a reasonable discretion
in the performance of duties devolved upon them by law.
110. The enumeration of particular powers in this charter shall
not be deemed or held to be exclusive, but in addition to the powers
enumerated herein, implied thereby, or appropriate to the exercise
thereof, the said city shall have and may exercise all other powers
which are now or may hereafter be possessed or enjoyed by cities
under the Constitution and general laws of this State.
111. Nothing in this act shall be construed to repeal or to in
any wise impair or affect the provisions of the consolidation ordi-
nances between 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.
2. That all acts and parts of acts in conflict with this charter
or any provision thereof, be and the same are hereby repealed, and
all former charters for the said city and amendments thereto, be and
the same are hereby repealed; provided that nothing contained in
this act shall alter in any respect any general law segregating subjects
of taxation to the State, or authorize the levy of any tax or im-
position of any license fee in any case where the general law prohibits
cities and towns from so doing.
3. An emergencyfexisting this act shall be in force from its
passage.