Chap. 139.—An ACT Providing a Charter for the City of Norfolk.
In Force March 16, 1871.
CHAPTER I.
Elections.

1. Be it enacted by the general assembly, That the territory
contained within the limits prescribed by the second section of
an act passed in March, seventeen hundred and sixty-one, en-
titled an act for enlarging and ascertaining the limits of the
borough of Norfolk, and for other purposes, and by any act
heretofore passed by the general assembly of this state, shall
be deemed and taken as the city of Norfolk; and the inhabi-.
tants of the city of Norfolk, for all purposes for which towns
and cities are incorporated in this commonwealth, shall con-
tinue to be one body politic, in fact and in name, under the
style and denomination of The City of Norfolk, and as such
shall have, exercise and enjoy all the rights, immunities, powers,
and privileges, and be subject to all the duties and obligations
now incumbent and appertaining to said city as a municipal
corporation.

2. The administration and government of the said city shall
be vested in one principal officer, to be styled the mayor; a
board, to be called the councils of the city of Norfolk; and in
such other boards and officers as are hereinafter provided for.
The councils of the city of Norfolk shall consist of two bodies,
viz: the common and select councils, with such rights, duties,
powers and privileges as are now vested in them by law, or
as may be vested in them by this act or any act hereafter passed.

3. The said city shall be divided inte four wards, which
number of wards the city councils may hereafter increase as
they may deem it expedient. Until such revision be made the
boundary lines of wards shall remain as now established.

4, Whenever any special election shall be ordered by the
city councils for any 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 court of the corporation, and
the same proceedings shall be had as are provided by the laws
of the state for special elections to fill vacancies in any muni-
cipal office.

5. The election of municipal officers, hereinafter mentioned,
shall be held on the fourth Thursday in May, eighteen hundred
and seventy-two, and on the fourth Thursday in May in every
second year thereafter, except for the election of city treasurer,
who shall be elected on the fourth Thursday in May, eighteen
hundred and seventy-three, and on the said Thursday in every
third year thereafter ; and the said elections shall be conducted
under the provisions of the general election laws of the state.

6. In cases of vacancies arising in any municipal office herein
provided to be filled, at the first general election that may be
held hereafter in the said city, it shall be the duty of the coun-
cils forthwith upon the happening of such vacancy or vacancies
to certify the same to the judge of the court of the corpora-
tion, who shall issue his writ for election to fill such vacancy or
vacancies in the manner prescribed in the general election laws
of the state.

7. The mayor and the members of the city councils, before
entering upon the duties of their respective offices, shall be
respectively sworn in accordance with the laws of this state.
Such oaths may be administered to the mayor elect by any
judge of a court of record commissioned to hold any such
court within said city; and the members of the city council
by the mayor, being himself first sworn as aforesaid, or by
any judge of any court of record as aforesaid; and acertificate
of such oaths having been respectively taken, shall be filed with
the clerk of the common council, and entered upon the journal
of the city counals. Every other person elected or appointed
to any office under this act, or under any law, or ordinance of
the city councils, 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; and
a certificate of the same shall be filed in the office of the clerk
of the common council. If any person elected or appointed
to any office in said city shall neglect to take such oath for ten
days after receiving notice of his election or appointment, or
shall neglect, for the like space of time, to give such securities
ag may be required of him by the city council, as hereinafter
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 Norfolk for the term of two years, and until his succes-
sor shall be elected and qualify; and no person shall be quali-
fied to hold the office of mayor, except such as shall be quali-
fied to hold office under the constitution of this state. His
salary shall be fixed by the city councils, payable at stated pe-
riods; and he shall receive no other compensation or emoln-
ment whatsoever; and no regulations diminishing such com-
pensation, after it has been once fixed, shall be made to take
effect until after the expiration of the term for which the mayor
then in office shall have been elected. The salary of the mayor,
when fixed, shall so continue until changed by the city councils
as aforesaid.

9. He shall, by virtue of his office, possess all the jurisdic-
tion, and exercise all the powers and authority, in criminal
cases, of a justice of the peace of said city, in addition to the
powers hereby given to him by virtue of this act, or that may
hereafter be given to him by virtue of any other act of assem-
bly.

10. It shall be his duty to communicate to the city councils,
annually, as soon as may be after the commencement of the
fiscal year, and oftener, if he shall deem it expedient, or be re-
quired by said councils, a general statement of the situation
and condition of the city in relation to its government, finances,
and improvement, with such recommendations as he may deem

roper. °

11. He shall exercise a constant supervision over the conduct
of all subordinate officers, have power and authority to inves-
tigate their acts, have access to all books and documents in
their offices, and may examine said officers and their subordi-
nates on oath. He shall also have power to suspend or re-
move such officers for misconduct in office, or neglect of duty,
to be specified in the order of suspension or removal; but no
such removal shall be made without reasonable notice to the
officer complained of, and an opportunity afforded him to be
heard in his defence. On the removal or suspension of such
officer or officers, the mayor shall report the same, with his
reasons therefor, to the city councils, at their next stated
meetings.

12. In case of the absence or inability of the mayor, the
president of the select, or the president of the common coun-
cil shall act as mayor, and shall possess the same powers and
discharge the municipal duties of the mayor during such ab-
sence or inability.

13. In case a vacancy shall occur in the office of mayor, the
city councils shall elect a qualified person to supply the va-
cancy until the firs€ general election which may be held in the
city thereafter, when the vacancy shall be filled by election for
the unexpired term.

CHAPTER III.
Councils.

14. The councils of the city of Norfolk shall consist of the
same number of councilmen, in the select and common coun-
cils respectively, as is now provided by law, and said council-
men shall be apportioned according to the existing apportion-
ment, until a reapportionment shall be made by ordinance in
pursuance of the law. The councilmen shall be residents of
their respective wards, dnd shall not. be less than twenty-one
years of age.

15. The select council shall annually elect its officers, to con-
sist of a president, vice-president, and clerk; and the common
council shall elect annually its officers, to consist of a president
and vice-president; the city treasurer shall act as clerk of the
common council. The select and common council, respec-
tively, may elect such other officers and clerks as they may
deem necessary, which officers, respectively, shall be liable to
be removed by the councils, respectively, each acting for itself
in this regard, with power to the respective councils, each act-
ing for itself, to supply any vacancy occurring by death, resig-
nation, or removal, during the absence of the president. The
president, or the president pro tempore, who shall preside
when the proceedings of a previous meeting are read, shall
sign the same. The president shall have power, at any time,
to call a meeting of the councils; and in case of his absence,
sickness, disability, or refusal, the councils may be convened
by the order, in writing, of any five members of the councils.

16. The council shall have the authority to adopt such rules,
and to appoint such officers and clerks, as they may deem pro-
per for the regulation of their proceedings and for the conve-
nient transaction of business; to compel the attendance of
absent members; to punish members for disorderly behavior ;
and by a vote of two-thirds of the councils to expel a mem-
ber for malfeasance or misfeasance in office. They shall keep
a journal of their proceedings; and their meetings shall be
open.

MIT A majority of the members of the councils shall consti-
tute a quorum for the transaction of business. Bat on all ordi-
nances or resolutions appropriating money, exceeding the sum
of one thousand dollars, imposing taxes, or authorizing the
borrowing of money, the yeas and nays shall be entered on the
journal. No vote shall be reconsidered or rescinded at a spe-
cial meeting, unless at such special meeting there be present as
large a number of members as were present when such vote
was taken.

18. The city councils shall have, subject to the provisions
herein contained, the control and management of the fiscal
and municipal affairs of the city, and of all property, real and

° ° ° ® .
personal, belonging to the said city; and may make such ordi-
nances, orders, and by-laws, relating to the same,as it shall
deem proper and necessary. They shall likewise have the
power to make such ordinances, by-laws, orders, and regula-
tions as they may deem desirable to carry out the following
powers, which are hereby vested in them :

First. To establish markets in and for said city; appoint
clerks and proper officers therefor; prescribe the times and
places for holding the same; provide suitable buildings there-
for, and to enforce such regulations as shall be necessary or
proper to prevent huckstering, forestalling, and regrating.

Second. To erect or provide, in or near the city, suitable
work houses, houses of correction or reformation, and houses
for the reception and maintenance of the poor and destitute.
They shall possess and exercise exclusive authority over all
persons within the limits of the city, receiving or entitled to
the benefits of the poor laws; appoint offizers and other per-
sons connected with the aforesaid institutions, and regulate
pauperism within the limits of the city; and the councils,
through the agencies they 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.

Third. To erect and keep in order all public buildings ne-
cessary or proper for said city ; to open, regulate and ornament
public squares and parks.
Fourth. To erect within said city a city prison, and said
prison may contain such apartments as shall be necessary for
the safe-keeping and employment of all persons confined
therein.

Fifth. To establish or enlarge water works and gas works
within or without the limits of the said city; contract and
agree with the owners of any land for the use or purchase
thereof, or may have the same condemned for the location, ex-
tension or enlargement of their said works, the pipes connected
therewith, or any of the fixtures or appurtenances thereof.
They shall have power to protect from injury, by adequate
penalties, the said works, pipes, fixtures, and land, or any thing
connected therewith, within or without the limits of said city,
and to prevent the pollution of the water in the river, by pro-
hibiting the throwing of filth or offensive matter therein, or in
other places where the water may be affected thereby; and
such prohibition may be enforced by proper penalties.

Sixth. To establish, construct, and keep in order, alter or
remove, landings, wharves, and docks, on lands belonging to
the city; and to lay and collect a reasonable duty on vessels
coming to and using the same; and to regulate the manner of
using other wharves and landings within the corporate limits;
to prevent or remove all obstructions in and upon any land-
ings, wharves or docks; to deepen and clean the harbor and
river. They may also appoint port wardens for the port of
said city, prescribe their duties, and fix their fees or compen-
sation.

Seventh. To close, extend, widen, narrow, lay out, graduate,
improve, and otherwise alter streets and public alleys in the
said city, and have ‘them properly lighted and kept in good
order, and they may make or construct sewers or ducts through
the streets or public grounds of the city, and through any
place or places whatsoever when it may be deemed by the
councils expedient. The councils may have over any street or
alley in the city, which has been or may be ceded to the city,
like authority as over other streets or alleys, they may build
bridges in and culverts under said streets and alleys, and may
prevent or remove any structure, obstruction or encroachment
over or under or in a street or alley, or any sidewalk thereof,
and may have shade trees planted along the said streets. They
may also regulate the size, materials and construction of build-
ings hereafter erected, in such manner as the public safety and
convenience may require.

Eighth. To prevent the cumbering of streets, avenues, walks,
public ‘squares, lanes, alleys, or bridges,in any manner what-
ever.

Ninth. To authorize the laying down of city railway tracks,
and the running of horse cars thereon, in the streets of the
city, under such regulations as they may prescribe.

Tenth. To determine and designate the route and grade of
any railroad to be laid in said city, and to restrain and regu-
late the rate of speed of locomotives, engines, and cars upon
the railroads within the said city, and may wholly exclude the
said engines or cars, if they please: provided, no contract be
thereby violated; and to regulate the speed of steamers in the
harbor of said city. |

Eleventh. To regulate and prescribe the breadth of tires
upon the wheels of wagons, carts, and vehicles of heavy draught
used upon the streets of said city: provided, however, that
this section shall not apply to vehicles coming into and not
owned in said city. : :

Twelfth. To require spirituous liquors, wine, oil, molasses,
vinegar, and spirits of turpentine, in casks, to be gauged and
inspected; and may make provision for the weighing of nay,
fodder, oats, shucks, or other long forage. They may also pro-
vide for measuring corn, oats, grain, coal, stone, wood, lumber,
boards, potatoes, and other articles for sale or barter.

Thirteenth. To require every merchant, retailer, trader, and
dealer in merchandise, or property of any description, which
is sold by measure or weight, to cause their weights and mea-
sures 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. :

Fourteenth. To provide or aid in support of public schools.

Fifteenth. To secure the inhabitants from contagious, infec-
tious, or other dangerous diseases; to establish, erect, and
regulate hospitals; to provide for and force the removal of pa-
tients to said hospitals; for the appointment and organization
of a board of health for said city, with the authority necessary
for the prompt and efficient performance of its duties. _

Sixteenth. To provide, in or near the city, lands, to be ap-
propriated, improved, and kept in order, as places for the in-
terment of the dead, and may charge for the use of grounds
in said places of interment, and may regulate the same; may
prevent the burial of dead in the city, except in the public bu-
rial 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.

Seventeenth. To establish a quarantine ground for the city;
to prescribe the quarantine to be performed by all vessels ariv-
ing within the harbor or vicinity of said city, and make regu-
lations therefor, subject to the laws of the state and the United
States; but if the place fixed on for the quarantine ground be
without the limits of the city, the assent of the court of the
county wherein the quarantine ground is located, must first be
‘obtained.

Kighteenth. To require and compel the abatement and re-
moval of all nuisances within said city, at the expense of the
person or persons causing the same, or the owner or owners
of the ground whereon the same shall be; to prevent or regu-
late slaughter houses and soap and candle factories within said
city, or the exercise of any dangerous, offensive, or unhealthy
business, trade, or employment therein; and to regulate the
transportation of coal and other articles through the streets of
the city.

Nineteenth. 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
councils 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 autho-
rized 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.

Twentieth. To direct the location of all buildings for storing
gunpowder or other combustible substances; and to regulate
the sale and use of gunpowder, fire-crackers, or fire-works, man-
ufactured or prepared therefrom, kerosine oil, nitro-glycerine,
camphene, burning fluid, or other combustible material; to
regulate the exhibition of fire-works, the discharge of fire-
arms, the use of candles and lights in barns, stables, and other
buildings, and to restrain the making of bon-fires in streets
and yards.

Twenty-first. To prevent hogs, dogs, and other animals
from running at large in the city, and may subject the same to
such confiscations, levies, regulations, and taxes, as they may
deem proper; and the councils may prohibit the raising or
keeping of hogs in the city.

Twenty-second. To prevent the riding or driving of horses
or other animals at an improper speed; to prevent the flying
of kites, throwing stones, or the engaging in any employment
or sports in the streets or public alleys, dangerous or annoying
to passengers; and to prohibit and punish the abuse of ani-
mals,

Twenty-third. To restrain and punish drunkards, vagrants,
mendicants, and street beggars.

Twenty-fourth. To prevent vice and immorality; to pre-
serve public peace and good order; to prevent and quell riots,
disturbances, and disorderly assemblages; to suppress houses
of ill-fame and gaming houses; to prevent lewd, indecent, and
disorderly conduct or exhibitions in the city, and to expel
therefrom persons guilty of such conduct who shall not have
resided therein as much as one year.

Twenty-fifth. To forbid and prevent the vending or other
disposition of liquors and intoxicating drinks to be drunk in
any boat, store, or other place, not duly licensed ; and to for-
bid the selling, or giving to be drunk, any intoxicating liquors
to any child or minor, without the consent of his or her pa-
rents or guardian; and for any violation of any such ordinance,
may impose fines in addition to those prescribed by the laws
of the state. . .

Twenty-sixth. To prevent the coming into the city from be-
yond the limits of the state, of persons having no ostensible
means of support, or of persons who may be dangerous to the
peace and safety of the city; and for this purpose, may require
any railroad company, or the captain or master of any vessel,
bringing such passengers to Norfolk, 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 company,
captain or master to take them back from whence they came,
and compel the persons to leave the city if they have not been
in the city more than ninety days before the order is given.

19. Where, by the provisions of this act, the city councils
have authority to pass ordinances on any subject, they may
prescribe any penalty, not exceeding five hundred dollars (ex-
cept where a penalty is herein otherwise provided for), for a
violation thereof, and may provide that the offender, on failing
to pay the penalty recovered, shall be imprisoned in the jail
of said city for any term not exceeding three calendar months;
which penalties may be prosecuted and recovered, with costs,
in the name of the city of Norfolk. And the city councils
may subject the parent or guardian of any minor, or the mas-
ter or mistress of any apprentice, to any such penalty for any
such offence committed by such minor or apprentice.

20. No ordinance hereafter passed by the city councils, for
the violation of which any penalty is imposed, shall take effect
until the same shall have been published for five days succes-
sively in two of the daily newspapers of said city, to be desig-
nated by the said councils. A record or entry made by the
clerk of the common council, or a copy of such record or entry,
duly certified by him, shall be prima facie evidence of the time
of such first publication; and all laws, regulations, and ordi-
nances of the city councils may be read in evidence in all courts
of justice, and in all proceedings before any officer, body or
board in which it shall be necessary to refer thereto, either
from a copy thereof certified by the clerk of the common
council, or from the volume of ordinances printed by the
authority of the city.

21. The councils shall not take or use any private property
for streets or other public purpose, without making to the
owner or owners thereof just compensation for the same. But
in all cases where the said city cannot by agreement obtain
title to the ground necessary for such purposes, it shall be law-
ful for the said city to apply to and obtain from the circuit or
county court of the county in which the land shall be situated,
or to the proper court of the city having jurisdiction of such
matters, if the subject lies within the city, for authority to
condemn the same; which shall be applied for and proceeded
with as provided by law.

22. In every case where a street in said city has been or
shall be encroached upon by any fence, building, or otherwise,
the city councils may require the owner or owners, if known,
and if unknown, the occupant or occupants of the premises so
encroaching, to remove the same. If such removal shall not
be made within the time ordered by the councils, they may
impose a penalty of five dollars for each and every day that it
is allowed to continue thereafter, and may cause the encroach-
ment to be removed, and collect from the owner all reasonable
charges therefor, with costs, by the same processes that they
are hereinafter empowered to collect taxes. No encroach-
ment upon any street, however long continued, shall consti-
tute an adverse possession to, or confer any rights upon, the
person claiming thereunder, as against said city.

23. Whenever any street, alley or lane shall have been opened
to and used as such by the public for the period of five years,
the same shall thereby become a street, alley or lane for ail
purposes, and the city shall have the same authority and juris-
diction over and right and interest therein, as they have by
law over the streets, alleys and lanes laid out by it. And any
street or alley reserved in the division or sub-division into lots
of any portion of the territory within the corporate limits of
the city by a plat or plan of record, shall be deemed and held
to be dedicated to the public use; and the councils shall have
authority upon the petition of any person interested therein,
to open such street or alley or any portion of the same. No
agreement between or release of interest by, the persons
owning the lands immediately contiguous to any such alley or
street, whether the same has been opened and used by the
public or not, shall avail or operate to abolish said alley or
street as to divest the interest of the public therein, or the
authority of the councils over the same.

24. Whenever any new street shall be laid out, a street
graded or paved, a culvert built, or any other public improve-
ment whatsoever made, the city councils may determine what
portion, if any, of the expenses thereof ought to be paid from
the public treasury, and what portion by the owners of real
estate benefitted, or may order and direct that the whole ex-
pense be assessed upon the owners of real estate benefitted
thereby. But no such public improvements shall be made, to
be defrayed in whole or in part by a local assessment, until first
requested by a petition signed by at least a majority of the
owners of property to be assessed for such improvement, or un-
less at least three-fourths of all the councils shall concur in voting
any improvement to be expedient, or in determining to make
the same after allegations have been heard, in which case no
petition or request shall be necessary. The councils shall
have the same powers to collect such local assessments for im-
provements as are hereinafter vested in them for the collec-
tion of taxes.

25. The city councils shall grant and pay to all city officers,
clerks, and assistants, elected or appointed under or in pursu-
ance of this act, such salaries or compensation as the said city
councils may, from time to time, deem proper, or shall be fixed
by this or any other act of assembly hereinafter enacted.

26. If any person, having been an officer of said city, shall
not, within ten days after he shall have vacated or been re-
moved from office, and upon notification and request of the
city treasurer, or within such time thereafter as the city coun-
cils shall allow, deliver over to the treasurer, all the property,
books, and papers, belonging to the city, or appertaining to
such office, in his possession, or under his control, he shall for-
feit and pay to the city the sum of five hundred dollars, to be
sued for and recovered, with costs. And all books, records,
and documents, used in any such office by virtue of any provi-
sion of this act, or of any ordinance or order of the city coun-
cils, 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 shall be responsible therefor.

CHAPTER IV.
City officers.

27. There shall be one city treasurer, who shall act as clerk
of the common council, and perform all the duties as now re-
quired by law or ordinance of the city register, one collector
of city taxes and levies, one commissioner of the revenue, one
city attorney, one city surveyor, and such other officers, clerks,
and assistants, as are now or may hereafter be prescribed or
ordained, not inconsistent with the provisions of this act, or
the constitution and laws of the state and the United States.

28. The councils may, so far as is not inconsistent with the
provisions of this act, or the constitution and laws of the state
and the United States, define the powers, prescribe the duties
and compensation, and take from any of the officers herein-
before or hereinafter provided for, bonds, with sureties, in such
penalties aa to the council may seem fit, payable to the city by
its corporate name, with condition for the faithful performance
of said duties. All officers appointed by the councils may be
removed from office at its pleasure. In case of vaeancies oc-
curring in any municipal office, where it is not herein otherwise
provided for, the council shall elect a qualified person to fill
such office during the unexpired term.

29. The parties to bonds taken in pursuance of the preced-
ing section, their heirs, devisees, executors, and administrators,
shall be subject to the same proceedings on the said bonds for
enforcing the conditions.and terms thereof, by motion or other-
wise, before the circuit court of the ‘city of Norfolk, or an
other courts held in the city which may succeed to the civil
‘common law jurisdiction of said court, that collectors of the
county levy, and their sureties, are or shall be subject to, on
their bonds, for enforcing payment of the county levies.

30. There shall be elected by the qualified voters of the city
of Norfolk, in the same manner as is provided hereinbefore for
the election of mayor of said city, on the fourth Thursday and
every three years thereafter, one city treasurer, who shall hold
his office for the term of three years, and until his successor be
elected and qualified, unless sooner removed from office. He
shall give bond, with sureties, to the amount of not less than
fifty thousand dollars; said bond to be approved by the city
councils, entered on their records and filed in the clerk’s office
for the court of the corporation. |

31. The said treasurer shall perform such duties, have such
powers, be liable to such penalties, and be required to give
such bond and security, as may be prescribed by said existing
laws or ordinances, or as may be prescribed by laws or ordi-
nances hereinafter enacted or ordained. In case of his re-
meval, the councils shall elect a qualified person to fill said
office until the next general election which may be held in the
city, when the qualified voters of said city shall, as in other
cases, fill the vacancy by an election of a successor, who shall
hold his office for the remainder, if any, of the unexpired term
of the officer removed.

32. There shall be elected by the qualified voters of the city
of Norfolk, one collector of the city taxes, who shall hold his
office for the period of two 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
fifty thousand dollars; said bond to be approved by the city
councils, entered on their records, and filed in the office of the
city treasurer.

33. The said collector shall perform such duties, have such
powers, be liable to such penalties, and be required to give
such bond and security, as may be prescribed by existing laws
or ordinances, or as may be prescribed by laws or ordinances
hereafter enacted or ordained.

34. It shall be the duty of said collector to conduct all the
proceedings and render all the service necessary to perfect the
sale and transfer of real estate in said city, where the same
shall be sold or advertised for sale for the non-payment of any
tax or assessment imposed by the city councils, as hereinafter
provided. In case of his removal the councils shall elect a
qualified person to fill said office until the next general election
which may be held in the city, when the qualified voters of
said city, shall as in other cases, fill the vacancy by an election
ot a successor, who shall hold his office for the remainder, if any,
of the unexpired term of the officer removed.

35. There shall be elected by the qualified voters of the city
of Norfolk, one commissioner of the revenue, who shall hold
his office for the period of two 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 ten thousand dollars; said bond to be approved by the
city councils, entered on their record, and filed in the office of
the city treasurer. ,

36. ‘The said commissioner of the revenue shall perform such
duties, have such powers, be liable to such penalties and be
required to give such bond and security, as may be prescribed
by existing laws or ordinances, or as may be prescribed by
laws or ordinances hereafter enacted or ordained. Incase of his
removal, the councils shall elect a qualified person to fill said
office until the next general election which may be held in the
city, when the qualified voters of said city, shall, asin other
cases, fill the vacancy by an election of a successor, who shall
hold his office for the remainder, if any, of the unexpired term
of the officer removed.

37. There shall be elected by the qualified voters of the city
of Nortolk a suitable and proper person, who shall be the at-
torney and counsel for the corporation, who shall hold his office
for the period of two years, unless sooner removed, and until
his successor shall be elected and qualify.
38. The said attorney shall perform such duties, have such
powers and be liable to such penalties as may be prescribed by
existing laws or ordinances or as may be prescribed by laws
or ordinances hereafter enacted or ordained.

39. There shall be elected by the qualified voters of the city
of Norfolk, one surveyor for the city, who shall hold his office
for the period of two years, and until his successor shall be
elected and quality, unless sooner removed from office.

40. The said surveyor shall perform such duties, have such
powers, and be liable to such penalties, as may be prescribed
by existing laws or ordinances, or as may be prescribed by
laws or ordinances hereafter enacted or ordained.

CHAPTER V.

Finances.

41. The city councils may, in the name and for the use of
the city, contract loans, or cause to be issued certificates of
debt or bonds; but such loans, certificates, or bonds shall not
be irredeemable for a period greater than thirty-four years:
provided, however, that they shall not contract such loans or
issue such certificates of debt or bonda for the purpose of sub-
scribing to the stock of any company incorporated for a work
of internal improvement, or other purposes, without first being
authorized so to do by three-fourths of the legal voters of the
city. Neither shall the city endorse the bonds of any such
company without the same authority.

42. For the execution of their powers and duties, the city
councils may raise, annually, by taxes and assessments in said
city, such sums of money as they shall deem necessary to de-
fray the expenses of the same, and in such manner as they shall
deem expedient, in accordance with the constitution and laws
of this state and the United States: provided, however, that
they shall impose no tax on the bonds of said city.

43. The councils may vest in the collector of the city taxes,
and of assessments for the use of water, gas, or other purposes,
any or all of the powers which are now or may hereafter be
vested in a sheriff or collector of the state taxes; may prescribe
the mode of his proceeding, and the mode of proceeding against
him for the failure to perform his duties.

44, All goods and chattels, wheresoever found, may be dis-
trained and sold for taxes assessed and due thereon; and no
deed of trust or mortgage upon goods or chattels shall pre-
vent 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; nor shall any such deed
prevent the goods and chattels conveyed from being distrained
and sold for taxes assessed thereon, no matter in whose posses-
sion they may be found.

45. Any payment of taxes made by a tenant, unless under
an express contract contained in his lease, shall be a credit
against the person to whom he owes the rent, and where any
tax is paid by a fiduciary on the interest or profit of moneys
of an estate invested under an order of court or otherwise, the
tax shall be refunded out of such estate.

46. There shall be a lien on real estate for the city taxes, as
assessed thereon from the commencement of the year for
which they were assessed. The city councils may require real
estate in the city, delinquent for the non-payment of taxes, to
be sold for said taxes, with interest thereon at the rate of
twelve per centum per annum, and such per centum as they
may prescribe for charges. Such real estate shall be sold, and
may be redeemed under the provisions hereinafter made.

47. The collector of city taxes shall, under the direction of
the city councils, cause a notice of the time and place of such
sale to be published in all the daily newspapers published in
said city, at least ten days previous to such sale; and he shall
also cause to be published in one or more of said daily papers,
on some day not more than twenty days nor less than ten days
previous to such sale, a list of the several parcels of real estate
to be sold, describing therein each parcel of real estate 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 person to whom each parcel is assessed,
and the amount of the tax or assessment thereon.

48. If such tax or assessment, and the per centage, interest,
and expenses aforesaid, be not paid previous to the day for
which said sale was advertised, or on some day immediately
thereafter, to which said sale may be adjourned, the collector
shall proceed to make sale, accordingly, of the said several par-
cels of real estate, or so much thereof as may be necessary, to
the highest bidder; and the sale may be adjourned, from day
to day, until it shall be completed. On such sale, the collector
shall execute to the purchaser a certificate of sale, in which
the property purchased shall be described, and the aggregate
amount of tax or assessment, with charges and expenses, spe-
cified; but the collector shall not for himself, either directly
or indirectly, purchase any real estate so sold.

49. If at any such sale no bid shall be made for any such
parcel of land, or such bid shall not be equal to the tax or as-
sessment, with interest and charges, then the same shall be
struck off to the city. On such sale the collector shall execute
to the city a certificate of sale, in which the property pur-
chased shall be described, and the aggregate amount of tax or
assessment, with charges and expenses specified, and shall de-
posit such certificate with the treasurer.

50. The owner of any real estate so sold, his heirs or as-
signs, or any person having a right to charge such real estate
for debt, may redeem the same by paying to the purchaser,
his heirs, or assigns, within two years from the sale thereof,
the amount for which the same was so sold, and such addi-
tional taxes thereon as may have been paid by the purchaser,
his heirs, or assigns; or, if purchased by the city, with such
additional sums as would have accrued for taxes thereon if the
same had not been purchased for the city, with interest on the
said purchase money and taxes, at the rate of twelve per
centum per annum from the times that the same may have
been so paid; or the same may be paid within the said two
years to the city treasurer, in any case in which the purchaser,
his heirs, or assigns, may refuse to receive the same, or may
not reside, or eannot be found, in the city of Norfolk.

51. Any infant, married woman, insane person, or person

imprisoned, whose real estate may have been so sold, or his
heirs, may redeem the same by paying to the purchaser, his
heirs, or assigns, within five years after the removal of the dis-
ability, the amount for Which the same was so sold, with the
necessary charges incurred by the purchaser, his heirs, or as-
signs, 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 improve-
ment that may have been made thereon, with interest on the
said items at the rate of twelve per centum per annum from
the time the same may have been paid. Upon such payment,
within two years after the removal of such disability, the pur-
chaser, his heirs, or assigns, shall, at the cost of the original
owner, his heirs, or assigns, convey to bim or them, by deed
with special warranty, the real estate so sold.
_ 52. The purchaser of any real estate, sold for taxes and not
redeemed, shall, after the expiration of two years from the
sale, obtain from the city treasurer a deed conveying the same,
wherein shall be set forth what appears in his office in relation
to the sale.. When the purchaser has assigned the benefit of
his purchase, the deed may, with his assent, evidenced by his
joining therein, or by a writing annexed thereto, be executed
to his assignee. If the purchaser shall have died, his heirs or
assigns may move the court of hustings of said city to order
the treasurer to execute a deed to such heirs or assigns.

53. 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 recordéd, such estate shall stand vested in the
grantee in such deed as was vested in the party assessed with
the taxes (on account whereof the sale was made) at the com-
mencement of the year for which the said taxes were assessed,
notwithstanding any irregularity in the proceedings under
which the said grantee claims title, unless such irregularity
appear on the face of the proceedings. And if it be alleged
that the taxes for the non-payment of: which the sale was made,
were not in arrear, the party making such allegation must es-
tablish the truth thereof by proving that the taxes were paid.

54, In case that any real estate struck off to the city, as
hereinbefore provided, shall not be redeemed within the time
specified, the city treasurer shall, within sixty days after the
expiration of two years from the sale, cause to be recorded
such certificate of sale, with his oath that the same has not
been redeemed, and thereupon the said corporation, or their
assigns, shall acquire an absolate title to the same in fee. The
said certificate may be acknowledged, or proved and recorded,
in the same manner that deeds are recorded, and the said cer-
tificate, or the record thereof, or a copy of said record, duly
authenticated, shall, in all courts and places, be presumptive
evidence of the facts therein stated and of the regularity and
correctness of such sale, and of all proceedings prior thereto.

CHAPTER VI.
Police and fire department.

55. The police department of the city of Norfolk shall be
under tue general control and management of the board of po-
lice commissioners thereof, which shall consist of the mayor
and the presidents of the select and common councils; of
which board, the mayor shall be president, and shall have a
casting vote. Any two of said commissioners shall form a
quorum for the transaction of any business. Said board may
adopt rules and by-laws for the government thereof, and also
may establish, promulgate, and enforce proper rules, régula-
tions, and orders for the good government and discipline of
said police force: provided, that said rules, regulations, and
orders shall not in any way conflict with any ordinance of the
city councils, or of the provisions of this act, or the constitu-
tion and laws of this state or of the United States.

56. The said police commissioners, after taking the oath of
office as such commissioners, sball meet at the office of the
mayor, or other suitable place, at such time as may be expe-
dient, and as they shall, from time to time, designate, and on
special occasions, as the mayor may, in writing, appoint. They
shall perform the duties of said office without any compensa-
tion, reward, or salary therefor from said city, except that no-
thing herein shall in any way conflict with the payment of the
salary elsewhere provided to be paid to the said mayor.

d7. It shall be the duty of said police commissioners to se-
lect from among the electors of said city, and appoint, by war-
rant of appointment, bearing the signatures of all three of said
commissioners, to be immediately filed with the city treasurer,
80 many permanent policemen, officers, and patrolmen, as may
be authorized by the city councils; and said board shall also
appoint, with the approval of the city councils, one chief of
police, and such other assistants and officers as they may deem
necessary, who shall hold office for the term of two years,
through whom said board may promulgate all rules, regula-
tions, and orders to the whole force, and who shall have im-
mediate direction and control of said force, subject, however,
at all times to the rules, regulations, and orders of said board,
and to the orders of the mayor: provided, that the orders of
such single commissioner do not conflict with the rules, regu-
lations, or orders of said board then in force; and each police-
man of said police force, appointed in manner as aforesaid, may
hold his respective office during the term of good behavior, or
until said board, by unanimous vote, shall remove him; but in
case of misconduct on the part of such chief, or any member
of said police force, then he may be removed by the decision
of a majority of said board, as hereinafter provided, or by the
city councils.

58. In times of exigency, said commissioners, or a majority
of them, or any one of them, if the others should be absent
from the city or unable to act, may appoint, temporarily, with-
out authority from the city council, a suitable number of addi-
tional policemen for such time as shall appear necessary, not,
however, to extend beyond the time of the next meeting of
the crty councils.

59. The mayor, at any time, upon charges being preferred,
or upon finding said chief, or any other member of said police
force, guilty of misconduct, shall have power to suspend such
member from service until the board of commissioners shall
convene and take action in the matter: provided, however,
that such member shall not remain so suspended for a longer
period than thirty days without an opportunity of being heard
in his defence; and upon hearing the proofs in the case, a ma-
jority ‘of said commissioners may discharge or restore such
member, in accordance with the decision of the majority of
such board thereon; and the pay or salary of such member
shall cease from the time of suspension to the time of restora-
tion to service, unless otherwise ordered by said board of com-
missioners in their written decision, which shall be filed with
the clerk of the common council, and any violation of the rules,
regulations, or orders of the board, or orders of any superior,
shall be good cause for dismissal.

60. The salary or pay of said chief and policemen shall be
determined by the city councils, and all bills of expense on
account of the police department shall be audited by at least
two of said commissioners.

61. The said chief of police and every policeman duly ap-
pointed as aforesaid, shall have issued to him a warrant of ap-
pointment, signed by the president of the board and counter-
signed by!the clerk of the common council, stating the date of
his appointment, which shall be his commission; and he shall
take such oath as the city councils may ordain, and subscribe
the same ina book to be kept for that purpose by the said
clerk of the common council. |

62. The said chiet of police and policemen shall generally
have power to do whatever may be necessary to preserve the
good order and peace of said city, and to secure its inhabitants
from personal violence and their property from loss and injury.
Such number of the said police force as the board of police
commissioners may designate, shall, in criminal cases, have the
same powers and duties and be subject to the same penalties
that are prescribed by law as to constables. |

63. The said board of commissioners may prescribe such
uniforms and badges for the police force as they may deem
proper, and direct in what manner they shall be armed.
And if any person other than a policeman shaljl 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 councils may ordain.

(~Qoole
64. As soon as the said commissioners shall have entered
upon the discharge of their duties, and appointments of police
are made in the manner as herein provided, then all the police-
men and the chief of police, who shall be in service previous
thereto, shall immediately vacate their offices respectively un-
less reappointed as herein provided.

65. The city councils shall organize and maintain a fire de-
partment for said city, and appoint a chief engineer, and fire
wardens, and assistants, with any or all of the powers which
have been or may be vested by law in such officers. They may
also make rules and regulations for the government of the offi-
cers and men of said fire department; may prescribe their re-
spective duties in case of fire or alarms of fire; may direct the
dresses or badges of authority to be worn by them; may pre-
scribe and regulate the time and manner of their exercises;
shall fix their pay, and may impose reasonable fines for the
breach of any such regulations. They may also make such or-
dinances as they may deem proper to extinguish and prevent
fires, prevent property from being stolen, and to compel citi-
zens to render assistance to the fire department in case of need.

66. For the purpose of guarding against the calamities of
fire, the city councils may, from time to time, designate such
portions and parts of said city as it shall think proper, within
which no buildings of wood shall be erected, and may regulate
the manner of construction of all buildings. They may pro-
hibit the erection of wooden buildings in any portion of the
city without permission obtained from them, and shall, on the
petition of the owner or owners of not less than one-fourth of
the ground included in any square in the city, prohibit the
erection in such square of any building, or addition to any
building, unless the outer walls thereof be made of brick and
mortar, or stone and mortar, or some other fire-proof material;
and may provide for tho removal of any such building or addi-
tion which shall be erected contrary to such prohibition, at the
expense of the builder or owner thereof. And if any building
shall have been commenced before said petitions can be acted
on by the councils, or if a building in progress appears clearly
to be unsafe, the councils may have such buildings taken down.

67. Whenever any building in said city shall be on fire, it
shall be the duty of and 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 build-
ings, or any part of such buildings, to be pulled down ard de-
stroyed; and no action shall be maintained against any person
or against the said city therefor. But any person interested in
any such building so destroyed or injured, may, within three
months thereafter, apply to the city councils 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 writ-
ing, the city councils 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 pro-
ceed 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,
assessment, collection, and payment of damages sustained by
the taking of land for purposes of public improvement.

68. The commissioners appointed to appraise and assess the
damages incurred by the said claimant, by the pulling down
or destruction of such building, or any part thereof, by the
direction of the said officers of this 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 equita-
bly be allowed to such claimant, Whenever a report shall be
made and finally confirmed, in the said proceedings for apprais-
ing and assessing the damages, a compliance with the terms
thereof by the city councils shall be deemed a full satisfaction
of all said damages of the said claimant. But any party feel-
ing aggrieved thereby, may appeal to the circuit court for the
city of Norfolk, which court in taking jurisdiction thereof,
shall be controlled by the laws regulating assessments of dam-
ages to real estate in other cases.

CHAPTER VII.

69. All persons in office elected or appointed under former
laws or ordinances, shall hold their offices during the term for
which they were so elected or appointed, and all other officers
provided for by this act, whether elected by the people or ap-
pointed by the council, shall be elected or appointed as soon
as it may be deemed practicable by the councils, to hold their
offices until the time hereinbefore prescribed for regular elec-
tion or appointment.

70. All acts and parts of acts inconsistent with this act, are
hereby repealed, and all acts and parts of acts, in any way con-
cerning said corporation, and the rights of the people thereof,
or any of them, not inconsistent with this act, shall be in as full
force, to all intents and purposes, as if this act had never been
passed.

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