Chap. 138.—An ACT to amend and re-enact subsection (d) of section twenty-
nine of chapter sixty-four of the Acts of nineteen hundred and twenty-two,
entitled an act to provide a new charter for the city of Suffolk and to repeal
the existing charter of said city and the several acts amendatory thereof and
all other acts and parts of acts inconsistent with this act so far as they relate
to the said city of Suffolk, approved February twenty-fifth, nineteen hundred
and twenty-two; to amend and re-enact subsection (z) of section two of said
chapter sixty-four of the Acts of nineteen hundred and twenty-two as here-
tofore amended by an act approved February eleventh, nineteen hundred and
thirty-two; and to amend and re-enact chapter two hundred and one of the
Acts of nineteen hundred and thirty, entitled an act to amend and re-enact
subsection (b) of section thirty-four of chapter sixty-four of the Acts of
nineteen hundred and twenty-two, entitled an act to provide a new charter
for the city of Suffolk, and to repeal the existing charter of said city and
the several acts amendatory thereof and all other acts and parts of acts
inconsistent with this act, so far as they relate to the said city of Suffolk,
approved February twenty-fifth, nineteen hundred and twenty-two, and to
add eight new and additional subsections to said section thirty-four, to be
known and designated as subsections (c), (d), (e), (f), (g), (h), (i), and
(j), with reference to the sale of real estate delinquent for the non-payment
of city taxes, purchase by the city, redemption of land so sold, saving to
persons under disability, deed to purchasers, title of purchasers, title of city,
and sale for the non-payment of local assessments, etc., approved March
twenty-second, nineteen hundred and thirty, as amended by chapter four
hundred and two of the Acts of nineteen hundred and thirty-two, approved
March thirtieth, nineteen hundred and thirty two. [H B 241]

Approved March 16, 1934

I. Be it enacted by the General Assembly of Virginia, That subsec-
tion (d) of section twenty-nine of chapter sixty-four of the Acts of
nineteen hundred and twenty-two, entitled an act to provide a new
charter for the city of Suffolk and to repeal the existing charter of
said city and the several acts amendatory thereof and all other acts and
parts of acts inconsistent with this act so far as they relate to the
said city of Suffolk, approved February twenty-fifth, nineteen hun-
dred and twenty-two; sub-section (z) of section two of said chapter
sixty-four of the Acts of nineteen hundred and twenty-two as here-
tofore amended by an act approved February eleventh, nineteen hun-
dred and thirty-two; and chapter two hundred and one of the Acts
of nineteen hundred and thirty, entitled an act to amend and re-enact
sub-section (b) of section thirty-four of chapter sixty-four of the Acts
of nineteen hundred and twenty-two, entitled an act to provide a new
charter for the city of Suffolk, and to repeal the existing charter
of said city and the several acts amendatory thereof and all other acts
and parts of acts inconsistent with this act, so far as they relate to
the said city of Suffolk, approved February twenty-fifth, nineteen
hundred and twenty-two, and to add eight new and additional sub-
sections to said section thirty-four, to be known and designated as
subsections (c), (d), (e), (f), (g), (h), (1), and (j), with reference
to the sale of real estate delinquent for the non-payment of city
taxes, purchase by the city, redemption of land so sold, saving to
persons under disability, deed to purchasers, title of purchasers, title
of city, and sale for the non-payment of local assessments, et cetera, ap-
proved March twenty-second, nineteen hundred and thirty, as amended

by chapter four hundred and two of the Acts of nineteen hundred
and thirty-two, approved March thirtieth, nineteen hundred and thir-
ty-two, be amended and re-enacted, so as to read as follows:

Section 29. (d). Compensation.—Such civil and police justice shall
receive such salary as the council may determine, to be paid in monthly
or semi-monthly instalments out of the treasury of the city, and he
shall receive no other compensation for his services as such civil and
police justice.

Section 2. (z). To make and enforce all ordinances, rules and
regulations necessary or expedient for the purpose of carrying into
effect the powers conferred by this charter or by any general law, and
to impose penalties for the violation of such ordinances, rules and
regulations, or any of them, by fine not exceeding one thousand dol-
lars or imprisonment not exceeding one year, or both. The city may
maintain a suit to restrain by injunction the violation of any ordinance,
notwithstanding such ordinance may provide punishment for its viola-
tion.

Whenever any fine shall be imposed but not paid, a writ of fiert
facias may be issued on the judgment unless an appeal be forthwith
taken, where the judgment is appealable. When such writ is issued
by the civil and police justice, it shall be returnable within sixty days.

The civil and police justice or the circuit court of the city may,
independently of the issuance of a writ of fiert facias, commit the
defendant to jail until the fine and costs are paid, or until the costs
are paid, where there is no fine, but when the fine and costs, or the
costs, where there is no fine, do not exceed five dollars, such confine-
ment in jail shall not exceed five days, when more than five dollars
but not in excess of ten dollars, it shall not exceed ten days, when more
than ten dollars but not in excess of twenty-five dollars, it shall not
exceed fifteen days, when more than twenty-five dollars but not in
excess of fifty dollars, it shall not exceed thirty days, and in no case
shall the confinement exceed two months. The jailer, upon such com-
mitment, shall note the amount of fine and costs, or costs where there
is no fine, and the date of commitment, and shall, without further
order or direction, release the defendant from jail promptly upon the
expiration of the limitation above prescribed, and the defendant shall
not thereafter be imprisoned for failure to pay the fine and costs, or the
costs, in that case. Such confinement shall not, however, be a satisfac-
tion of the fine and costs, in whole or in part, but the same shall con-
tinue to be a judgment debt due the city, enforceable by execution or
otherwise.

Section 34. (b). There shall be a lien on all real estate and on each
and every interest therein for the city taxes assessed thereon, from
the commencement of the calendar year in which they were assessed,
and also for all local assessments which may be made thereon ac-
cording to law. There shall also be a lien on any land or premises
for the amount of expense incurred by said city in abating any nui-
sance thereon, or cutting or removing weeds and other foreign growth
therefrom, after notice to the owner thereof by publication or other-

wise, as may be provided by ordinance; provided, however, that the
lien for the amount of any such local assessment or for the expense
of abating any nuisance or cutting or removing weeds and other foreign
growth from any premises shall not be good against a purchaser of such
land or premises for value and without notice, except and until from
the time that the same shall be docketed in a book or books kept for that
purpose in the office of the city treasurer and indexed in the name of
the person or persons owning such estate or land at the time the said
lien accrued. The council may require such real estate in the city, de-
linquent for the non-payment of taxes, or assessments, or expenses
incurred as above provided, to be sold for said taxes or assessments
or expenses, with such penalties and interest thereon and such per-
centage for charges as the said council may prescribe, or, in the ab-
sence of the prescribing of same by the council, with such penalties, in-
terest and charges as may be prescribed by law from time to time.
Such real estate shall be sold and may be redeemed under the pro-
visions hereinafter made, but when such real estate is sold to indi-
viduals for taxes, or is purchased by the city for taxes, the commis-
sioner of the revenue shall note on his land book the real estate sold,
and to whom, but shall continue the same upon his land book in the
name of the former owner until the purchaser shall obtain a deed
therefor, or until the same shall be redeemed from the city or other-
wise disposed of by the city.

(c). The city treasurer shall make a report to the council, at one
of its meetings in July of each year, of all real estate in the city de-
linquent for city taxes assessed thereon in the calendar year immedi-
ately preceding, at the foot of which report he shall subscribe on oath
that he has in all respects used due diligence to collect the taxes shown
in said report, and the council shall approve, or amend and approve,
the list and give the treasurer due credit for the amount of delinquent
taxes on the list as approved; and thereupon the council shall direct
the treasurer to sell the several parcels of real estate so returned and
approved delinquent, or so much thereof as may be necessary, for the
taxes thereon, with penalties and interest thereon, and such percentage
as it may prescribe for charges, or, in the absence of the prescribing
of same by the council, with such penalties, interest and charges as
may be prescribed by law; and unless the same shall be previously
paid, said treasurer shall make such sale, to the highest bidder, for
cash, at the front door of the courthouse of said city, on the first Tues-
day in September thence next ensuing, unless otherwise specifically di-
rected by the council, after having published at least once, not less
than ten days nor more than twenty days prior to such sale, in a news-
paper published or having general circulation in said city a list of the
several parcels of real estate to be sold, describing therein each par-
cel of said real estate as it is described on the assessment rolls of the
year for which it is delinquent, together with the name of the person
to whom each parcel is assessed and the amount of the tax or assess-
ment thereon, penalty, interest and charges, to which list shall be ap-
pended a notice of the time and place of the sale of the several par-
cels of real estate mentioned therein; provided, however, that such real
estate as may already have been sold at any delinquent tax sale there-
tofore made, and purchased at such sale by the city, shall not be so sold.
Such sale may be adjourned from day to day until completed. On such
sale the city treasurer shall execute to the purchaser a certificate of
sale in which the property purchased shall be described and the agegre-
gate amount of tax or assessment with penalty, interest, charges and
expenses, shall be specified; but the city treasurer shall not, either di-
rectly or indirectly, purchase for himself any real estate so sold, or be
interested in the purchase thereof.

(d). If at any such sale no bid shall be made for any parcel of
land offered for sale, equal to the city tax, with the penalty, interest,
and charges thereon, then, the same shall be struck off to the city, and
the city treasurer shall execute to the city a certificate of sale, as here-
inbefore provided in the case of any other purchaser, and shall deposit
such certificate with the city clerk.

(e). The owner of any real estate so sold, his heirs or assigns, or
any person having a lien upon or right to charge such real estate for
ja debt, or any person having any interest in said real estate by way
of reversion, remainder, or otherwise, may redeem the same by pay-
ing to the purchaser, his heirs or assigns, within two years from the
sale thereof, the amount for which the same was sold, and such ad-
ditional taxes thereon as may have been paid by the purchaser, his heirs
or assigns, with interest on the purchase money and taxes at the rate of
six per centum per annum from the time the same may have been
paid, or, if purchased by the city, by paying to said city, within said
two years, the amount for which the sale was made and such additional
sums as would have accrued for taxes and penalties thereon, if the
same had not been purchased by the city, with interest on the amount
for which the sale was made at the rate of six per centum per annum
from the day of sale, and on such additional sums as would have ac-
crued for taxes from such time after the same would have become
due as the council may prescribe by ordinance, or, in the absence of
such prescribing, from the fifteenth day of December of the year in
which the same would have accrued, or the same may be paid, within
the said two years, to the city treasurer, in any case in which the pur-
chaser, his heirs or assigns, may refuse to receive the same, or may
not reside, or cannot be found, in the city of Suffolk.

(f). Any person under legal disability or 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, or to the city if it be-
came the purchaser, within two years after the removal of the dis-
ability or the discharge from prison, as the case may be, the amount for
which the same was sold to such purchaser or struck off to the city, with
the necessary charges incurred by the purchaser, his heirs or assigns, in
obtaining the title under the sale, and such additional taxes on the real
estate as may have been paid by the purchaser, his heirs or assigns,
or, if the city became the purchaser, such additional taxes and penal-
ties as would have accrued if the real estate had not been purchased

by it, and, in either case, the actual value of any improvements that
may have been made thereon since the date of purchase, with interest
at the rate of six per centum per annum, on the amount for which the
same was sold to such purchaser from the day of sale, on the neces-
sary charges incurred by the purchaser, his heirs or assigns, in ob-
taining the title under the sale and on such additional taxes on the
real estate as may have been paid by the purchaser, his heirs or assigns,
from the time said charges may have been incurred or said additional
taxes paid, as the case may be; or, in case such real estate was struck
off to the city, with interest at the rate of six per centum per annum,
on the amount for which the sale was made, from the day of sale and,
on such additional taxes as would have accrued if the said real estate
had not been purchased by the city, from such time after the same
would have become due as the council may prescribe by ordinance, or, in
the absence of such prescribing, from the fifteenth day of December
of the year in which the same would have accrued. Upon such payment
within two years after the removal of such disability or discharge from
prison, as the case may be, the purchaser, his heirs or assigns, shall,
at the cost of the original owner, his heirs or assigns, convey to him
or them, by deed with special warranty, the real estate so sold.

(g). The purchaser of 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 of record in the city treasurer’s office in relation to the
sale. When the purchaser has assigned the benefit of his purchase,
the deed may, with his assent, evidenced by his joining therein or by
writing annexed thereto, be executed to his assignee. If the purchaser
shall have died, his heirs or assigns may move the circuit court of said
city to order the city treasurer to execute a deed to them. The said
treasurer shall not execute, nor be required to execute, a deed to any
such purchaser, his heirs or assigns, until such purchaser, his heirs or
assigns, shall produce evidence that such additional taxes, penalties
and interest as may have accrued subsequent to the sale have been paid
without further sale of the real estate sold for taxes as aforesaid.

(h). 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, such estate shall stand vested in the grantee in such deed as
was vested in the person assessed with the taxes on account whereof
the sale was made, at the commencement of the year in 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 were not in
arrears. And if it be alleged that the taxes, for the non-payment of
which sale was made, were not in arrears, the person making such
allegation must establish the truth thereof by proving that the taxes
were paid. But nothing in this subsection shall be construed to affect
or impair the lien of the city on the real estate and on each and every
interest therein, or to affect, limit or impair the right of the city, when

it becomes the purchaser of real estate under the next succeeding sub-
section. ,

(i). In case any real estate purchased by 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 in the clerk’s office of the circuit
court of said city, a list of all the real estate purchased by the city at
such sale, according to the facts given in the certificate of sale, as
hereinbefore provided, and make oath thereto that the said list is cor-
rect, and that the real estate therein mentioned has not been redeemed,
and thereupon the said city, or its assigns, shall acquire an absolute title
in fee to such real estate and every interest therein, for life, in re-
version, in remainder and otherwise, as fully and completely as if a
deed had been made to the city for each parcel of real estate men-
tioned in said list; subject to be defeated only by proof that the taxes
for which said real estate was sold were not properly chargeable there-
on, or that the taxes properly chargeable thereon were paid at the time of
the making of said list by the city treasurer. The said list, with the
oath thereto, shall be recorded in the said clerk’s office and indexed
in the name of each person whose lands were returned delinquent and
sold, and 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 list shall not invalidate the lien of the
city for any taxes assessed against such real estate, but the city may,
at any time, elect to enforce its lien for such taxes in a court of
equity and in such suit become the purchaser of such real estate; and
provided, further, that the council may make such rules and regula-
tions, by ordinance, for re-conveying any real estate so purchased by
the said city to the owner thereof, as may seem proper, or for the re-
lease of said real estate to the owner, upon the payment of all taxes in
arrears, penalties, interest, cost and charges; and provided, further,
that the city shall have the right to provide, by ordinance, for the dis-
position, in any way that may seem proper to the council, of any real
estate which may have been purchased by it at any sale for delinquent
taxes and which shall not have been redeemed.

(j). The council may, by ordinance, provide the method of making
sale of any lands, lots or premises for the non-payment of any local
or special assessments thereon, or for the non-payment of any expense
incurred by the city in abating any nuisance thereon, or cutting or re-
moving weeds and other foreign growth therefrom, as provided in sub-
section (b) of this section.

(k). The council may employ a delinquent tax collector, on such
terms as may be agreed upon by the council and such collector. The
council may cause to be placed in the hands of such delinquent tax
collector, for collection, any and all city taxes, including city capitation
taxes, remaining unpaid after December fifteenth of the calendar year
in which such taxes were assessed. The council may deduct from the
salary or other compensation of the city treasurer the commission or
other compensation paid to the delinquent tax collector for the collection

of such taxes. The clerk of the circuit court of the city or the city
clerk may be appointed delinquent tax collector, or the council may em-
ploy some other person. Such delinquent tax collector shall have all
the power and authority to enforce collection of such taxes by levy,
distress, or otherwise that the city treasurer may have under the law.

2. An emergency existing, this act shall be in force from its passage.