Chap. 152.—An ACT to Provide a New Charter for the City of Ports-
mouth.

Approved March 11, 1873.

CHAPTER I.

Elections, &c.

1. Be it enacted by the general assembly, That the territory
contained within the limits of the city of Portsmouth, pre-
scribed by the sundry acts of the general assembly heretofore
passed, shall be deemed and taken as the city of Portsmouth;
and all the inhabitants within the said limits, and their suc-
cessors, shall be and they are hereby made a body politic and
corporate, by the name and style of the city of Portsmouth;
and as such, and by that name, may contract and be contracted
with, sue and be sued, plead and be impleaded, answer and be
answered unto, and may purchase, take, receive, hold and use
goods and chattels, land and tenements, and choses in action,
or any interest, right or estate therein, either for the proper
use of said city, or in trust for the benefit of any persons or
associations therein; and the same may grant, sell, convey,
transfer and assign, let, pledge, mortgage, charge and encum-
ber in any case and in any manner in which it would be lawful
for an individual to do; and may have and use a common seal,
and alter and renew the same at pleasure; and generally shall
have all the rights, franchises, capacities and powers apper-
taining to municipal corporations in this commonwealth. Said
city and its inhabitants shall be exempt from all assessments of
levies in the way of taxes imposed by the board of supervisors
of Norfolk county, or any other authorities whatever. in said
county, for any purpose whatever, except upon property in the
said county of Norfolk owned by the inhabitants of said city;
nor shall said inhabitants be liable to serve upon juries in said
county.

2. The administration and government of said city shall be
vested in one principal officer, to be styled the mayor; one
board, to be called the council of the city of Portsmouth; and
in such other boards and officers as are hereinafter provided
for.

3. The present council of the city of Portsmouth shall,
within sixty days after the passage of this act, appoint five
discreet and proper persons, residents and voters in said city,
any three of whom may act, who shall without delay proceed
to lay off said city into wards, not less than two nor more than
five, and to define the boundaries of said wards, and, where
practicable, to use the streets and alleys of said city for boun-
daries. The said commissioners shall report to the council the
wards laid out, and the boundaries thereof, with a plat of the
same, and, if approved by said council, the same shall be con-
firmed by the council, and each ward designated by names or
numbers, and the wards so established and defined shall be the
wards of said city until changed by act of the general assem-
bly. Until such revision be made, the wards of said city shall
remain as at present defined. Upon such revision the council
shall apportion the councilmen among the various wards estab-
lished..

4. The election of members of the council shall be held on
the fourth Thursday of May next (eighteen hundred and
seventy-three), and on the fourth Thursday in May in every
second year thereafter. The election of mayor shall be held on
the fourth Thursday in May, one thousand eight hundred and
seventy-four, and on the fourth Thursday in May in every
second year thereafter. The election of city treasurer shall be
held on the fourth Thursday in May next (eighteen hundred
and seventy-three), and on the fourth Thursday in May in
every third year thereafter. The election of city surveyor shall
take place on the fourth Thursday in May, one thousand eight
hundred and seventy-eight, and on the fourth Thursday in
May every sixth year thereafter. And the election of all other
municipal officers hereinafter nentioned shall take place on the
fourth Thursday in May next (eighteen hundred and seventy-
three), and on the fourth Thursday in May in every second
year thereafter, and the officers so elected shall enter upon the
discharge of their duties upon the first day of July succeeding
their elections ; and whenever two or more persons are to be
elected to the same office, the several persons, to the number
required to be chosen, having the highest number of votes
shall be declared elected.

5. If it shall appear by said election returns that any muni-
cipal officer has not been elected, or if any person elected to a
municipal office shall refuse to accept the office to which he
has been elected, the city council shall issue warrants for a
new election to fill such offices; and the same proceedings shall
be had as are hereinbefore provided for a general election, and
repeated from time to time until all of said officers shall be
elected. If it shall appear that any such officers shall not have
been elected by reason of two or more candidates having re-
ceived an equal number of votes, the commissioners of election
shall proceed to determine by lot, in the presence of the can-
didates, or their proxies, if desired, which of the candidates
shall be elected.

6. At all elections which shall be held under the authority
and direction of this charter, all persons qualified to vote for
members of the general assembly shall be entitled to vote, and
the said elections shall be conducted under the provisions of
the general election laws of the state.

7. The mayor and the members of the city council, before
entering upon the duties of their respective offices, shall be
respectively sworn in, 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, either in term time or vaeation; and the
members of the city council by the mayor, being himself first
sworn as aforesaid, or by any judge of any court of record as
aforesaid; and a certificate of such oaths having been respec-
tively 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 afore-
said; and a certificate of the same shall be filed in the office of
said city clerk. If any person elected or appointed to any
office in said city shall neglect to take such oath for thirty
days after receiving notice of his election or appointment, or
shall neglect for the like space of time to give bond with such
securities as may be required of him by this act, or by the
city council, as hereinafter provided, or as may be hereafter
required by. any law or ordinance, he shall be considered as
having declined such office, and the same shall be deemed
vacant; and whenever such vacancy shall occur, another elec-
tion 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 Portsmouth for the term of two years, and until his
successor shall be elected and qualified; and no person shall
be qualified to hold the office of mayor except such as shall be
qualified to hold office under the constitution of this state.
His.salary shall be fixed by the city council, and shall not ex-
ceed the sum of twelve hundred dollars per annum, payable at
stated periods; and he shall receive no other compensation or
emolument whatsoever; and no regulations diminishing or in-
creasing 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 aforesaid. |

9. He shall, by virtue of his office, possess all the powers
and authority in civil and criminal cases of a justice of the
peace of the 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 assembly; but he shall re-
ceive no fees for his services as such justice of the peace.

10. It shall be his duty, when required by the city council,
to report to the said council a statement of the situation and
condition of the city in relation to its government and all mat-
ters coming under his control. He shall see that the ordi-
nances of the city council are faithfully executed, and that all
offenders or violators of such ordinances are punished as di-
rected by such ordinances.

11. He shall exercise a constant supervision over, and shall
see that the duties of the various city officers are faithfully per-
formed. He shall have power to investigate their acts, have
access to all books and documents in their offices, and may ex-
amine them and their subordinates on oath, the evidence given
by persons so examined shall not be used against them in any
criminal proceedings ; he shall also have power to suspend or
remove such officers, whether they be elected or appointed, for
misconduct in office or neglect of duty, to be specified in the
order of suspension or removal; but no such removal shall be
made without reasonable notice to the officer complained of
and an opportunity afforded him to be heard in his defence.
On the removal or suspension of such officer or officers the
mayor shall report the same, with his reasons therefor, to the
city council at their next stated meeting.

12. The mayor shall have power, in case of his temporary
absence or inability to perform the duties of his office, to ap-
point one of the justices of the peace of the city, who shall
have the same power and discharge the municipal duties of
the mayor during such temporary absence or disability. In
case a vacancy shall occur in the office of mayor, the city coun-
cil shall elect a qualified person to supply the vacancy until
his successor shall be elected and qualified, which shall be at
the next general election held in the city.

CHAPTER ITI.
City council.

13. The council of the city of Portsmouth, after the reyvi-
sion of the wards of said city, as hereinbefore provided, shall
be composed of fifteen members, to be apportioned among the
several wards in proportion to the number of inhabitants in
each ward. The councilmen chosen shall, at the time of elec-
tion and during their continuance in office, be residents of the
ward for which they are chosen. They shall be elected by the
voters qualified to vote for councilmen, as hereinbefore provi-
ded, who are residents of the respective wards for which such
councilmen are chosen. If the revision of the wards of the
city as hereinbefore provided shall not be made, the council o!
the city shall remain as at present constituted. The qualifica.
tions of any person or persons elected as councilmen shall be
adjudged of by the whole number of councilmen elected or a
majority of them.

14. In the case of any vacancy happening in the city council
by death, removal from the city, resignation or otherwise, the
city council shall elect a qualified person tosupply the vacancy
-for the unexpired term.

15. The council shall elect one of its members to act as
president, who shall preside at its meetings and continue in
office for the time for which said council was elected, and when,
from any cause, he shall be absent, they may appoint a presi.
dent pro tempore, who shall preside 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 council, and in case of his
absence, sickness, disability or refusal, the council may be con-
vened by the order, in writing, of any three members of the
council.

16. The council shall have the authority to adopt such rules
and to appoint such oificers 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 ab-
sent members, to punish its members for disorderly behavior,
and by a vote of three-fourths of the members of the council
to expel a member for malfeasence, misfeasence or gross neg-
lect of official duty in office. They shall keep a journal of
their proceedings, which shall at all tim>s be open to the in-
spection of any voter of said city; and their meetings shall be
open to the public, except when the public welfare shall require
secrecy.

17. A majority of the members of the council shall consti-
tute a quorum for the transaction of business, but on all ordi-
nances or resolutions appropriating money exceeding the sum
of five hundred dollars, imposing taxes or authorizing the bor-
rowing of money, the yeas and nays shall be entered -on the
journal; and at the request of any member present the ayes
and nays on any question put shall be taken and tntered on
the journal. No vote shall be reconsidered or rescinded at a
special meeting, unless at such special meeting there be pre-
sent as large a number of members as were present when such
vote was taken.

18. The council shall have, subject to the provisions herein
contained, the control and management of the fiscal and muni-
cipal affairs of the city, and of all property, real and personal,
belonging exclusively to said city, as now provided by law, and
may make such ordinances, orders and by-laws relating to the.
same as it shall deem proper and necessary. They shall like-
wise have the power to made such ordinances, by-laws, orders
and regulations as they may deem desirable to carry out the
following powers which are hereby invested in them:

Markets.

I. To regulate the markets in and for said city, appoint.
clerks and proper officers therefor; to prescribe their duties
and compensation; to prescribe the times and places for hold-
ing the same; keep in order suitable buildings therefor; to
adopt and enforce such rules and ordinances respecting said
markets as in their opinion the convenience or interest of the
inhabitants of said city shall require, and to adopt such rules
and ordinances as may be necessary to regulate or prevent
huckstering, forestalling and regrating.

Work house, poor house, dc.

II. To erect or provide, in or near the city, suitable work
houses, houses of correction or reformation, and houses for
the reception and maintenance of the poor and destitute.
They shall possess and exercise exclusive authority over all
persons within the limits of the said city receiving or entitled
to the benefits of the poor laws, appoint officers and other
persons connected with the aforesaid institution, fix their com-
pensation, and to regulate pauperism within the city; and the
council, through the agencies it shall appomt 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.

Public buildings.

III. To erect and keep in order all public buildings neces-
sary or proper for said city.

City prison.

IV. To provide, within said city, a city prison, and said
prison may contain such apartments as shall be necessary or
proper for the safe-keeping of all persons confined therein.

Wharves and docks.

V. To establish, construct and keep in order, alter or re-
move landings, wharves and docks on lands belonging to or
which may hereafter belong to said city, and to lay and collect
a reasonable duty on vessels coming to and using the same;
to prevent and remove all obstructions in and upon such land-
ings, wharves and docks; to preserve peace and good order
upon the same, and upon all other wharves and landings in
said city. They may also appoint port wardens for the port of
said city, prescribe their duties and fix their fees or compen-
sation.

Streets and alleys.

VI. To close or extend, widen or narrow, lay out and grad-
uate, 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; to construct sewers, build bridges
in and culverts under said streets, and may prevent or remove
any structure, obstruction or encroachment over, or under, or
in & street or alley, or any sidewalk thereof, and may have
shade trees planted along the said streets, and generally to
ordain and enforce such regulations respecting the same, or
any of them, as shall be proper for the health, interest or con-
venience of the inhabitants of said city. 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 work, unless it be manifest that they,
their officers, agents or servants, are transcending the au-
thority given them by this act, and that the interposition of
the court is necessary to prevent injury that cannot be ade-
quately compensated in damages. |

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

VIII. 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.

Inspections.

IX. To provide, when the council may deem it necessary or
exvedient, for the gauging and inspection of oil, molasses,
vinegar and spirits of turpentine, and for the proper weigh-
ing or admeasurement of hay, fodder, oats, shucks or other
long forage, and for the measuring of corn, oats, grain, coal,
stone, wood, lumber, boards, potatoes and other articles for
sale or barter in the city; to appoint proper persons to make
such measurements and inspections, prescribe their duties and
fix their fees for articles which may be sold or bartered for in
the city.

X. 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 ordi-
nance; to appoint such sealer of weights and measures, pre-
scribe his duties and fix his fees.

Contagious diseases.

XI. To secure the inhabitants from contagious infections
or other dangerous diseases; to establish, erect and regulate
hospitals or pest houses in or near said city; to provide for
and force the removal ef patients to said hospitals or pest -

houses.
Board of health.

XII. To appeint and organize a board of health for said
city, with authority for its government and support, and for
the prompt and efficient performance of its duties.
Burial grounds.

XIII. To provide, in or near said city, lands to be appro-
priated, improved and kept in order as places for the burial of
the dead, and may charge for the use of ground in said place
of burial, and may regulate the same; may regulate the burial
of the dead in the burial grounds within the city, or prevent
the same entirely. .

Quarantine.

XIV. To adopt and enforce such regulations as may be ne-
cessary, under the usual system of quarantine, to prevent ves-
sels or boats, or persons infected with contagious or infectious
diseases, from entering any part of the harbor appertaining to
the said city.

Nuisances.

XV. To require and compel the abatement and removal of
all nuisances within said city, at the expense of the person or
persons causing the same, or the owner or owners of the
ground whereon the same shall be. To regulate and prevent
slaughter-houses, soap and candle factories, or the prosecution
of any dangerous, offensive or unhealthy business, trade or
employment therein, which may be injurious to the healthof the
inhabitants of said city.

XVI. 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 substance to be covered or to be removed there-
from, 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 authorized to be col-
lected: 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 two weeks in any news-
paper published in said city, or, where there is none, in some
paper published in the city of Norfolk.

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

XVIII. To prevent hogs, dogs and other animals from run-
ning at large in the city, and may subject the same to such
confiscations, regulations and taxes, as they may deem proper;
and the council may prohibit the raising or keeping of hogs in
the city.

XIX. To prevent the riding or driving of horses or other
animals at an improper speed ; to prevent the running of steam
engines at an improper speed within the limits of said city, and
to wholly exclude the said engines if they please: provided no
contract be thereby impaired or violated; 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
animals.

XX. To restrain and punish drunkards, vagrants, mendi-
cants and street beggars.

XXI. To prevent vice and immorality; to make such regula-
tions as may be necessary to secure the inhabitants of said city
against thieves, robbers, burglars; to preserve the public peace
and good order of said city; to prevent and quell riots, dis-
turbances and disorderly assemblages; to suppress houses of
ill-fame and gaming houses; to prevent, suppress and punish
lewd, disorderly and indecent 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.

XXIJ. To forbid and prevent the vending or other disposi:
tion of liquors and intoxicating drinks to be drunk in any 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 parent or guar-
dian; and for any violation of any such ordinance may impose
fines in addition to those prescribed by the laws of the state.

XXITI. To prevent the coming into the city from beyond
the limits of the state of persons who may be dangerous to the
peace and safety of the city, or of persons having no ostensible
means of support; and for this purpose may require and com-
pel any railroad company, or the captain or master of any
steamboat or vessel, bringing such persons to the city, 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
twenty days before the order is given.

XXIV. To pass all laws, rules and ordinances, not repugnant
to the constitution and laws of the United States, or of this
state, which shall be necessary for the good order and govern-
ment of such persons as shall from time to time reside within
the limits of the city.

20. Where, by the provisions of this act, the city council
has authority to pass ordinances on any subject, they may
prescribe any penalty, not éxceeding three hundred dollars
(except 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 Portsmouth.

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 succes-
sively in one or more of the daily newspapers published in said
city, or the city of Norfolk, or by posters in said city, to be
designated by the said council; a record or entry made by the
clerk of said city, or a copy of such record or entry, duly cer-
tified by him, shall be prima facie evidence of the time of such
first publication; and all laws, regulations and ordinances of
the city council may be read in evidence in all courts of 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 said city, or from the volume
of ordinances printed by the authority of the city council.

22. The council shall not take or use any private property
for streets or other public purposes 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 jurisdictioh of such
matters (if the subject lies within this city), for authority to
condemn the same; which shall be applied for and proceeded
with as provided by law. |

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

24. Whenever any street, alley or lane shall have been
opened to and used as such by the public for the period of
five years, the same shall thereby become a street, alley or
lane for all purposes, and the city shall have the same author-
ity and jurisdiction over, and right and interest therein as they
have by law over the streets, alleys and lanes laid out by it,
and any street or alley reserved in the division, or sub-division
into lots of any portion of the territory within the corporate
limits of the city, by a plat or plan of record, shall be deemed
and held to be 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 agreement between, or release of interest by the
persons owning the land 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 so as to divest the interest of the public therein, or
the authority of the council over the same.

25. Whenever any new street shall be laid out, a street
graded or paved, or any other public improvement whatsoever
made, the city council may determine what portion, if any, of
the expense thereof ought to be paid from the public treasury:
provided, however, that the same be not more than one-third
thereof, unless it be for such parts of the streets as adjoin the
public improvements or lands belonging to the city, or at the
intersection of the public streets one with another; and may
determine what portion shall be paid by the owners of real
estate benefitted by said improvement, or they may order that
the whole expense be assessed upon the owners of real estate
benefitted thereby. But no such public improvement 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 the property to be assessed for such improve-
ment, or unless at least three-fourths of the council shall con-
cur in voting any improvement expedient, or in determining
to make the same after allegations have been heard; in which
case no petition or request shall be necessary. The council
shall have the same powers to collect such local assessments
for improvements as‘are hereinafter vested in them for the col-
lection of taxes.

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

27. If any person, having been an officer of said city, shall
not, within ten days after he shall have vacated, or been re-
moved from office, and upon notification and request of the
city clerk, or within such time thereafter as the city council
shall allow or direct, deliver over to his successor in office all
the property, books and papers belonging to the city or ap-
pertaining to such office, in his possession or under his con-
trol, he shall forfeit and pay to the city the sum of five hun-
dred dollars, to be sued for and recovered with costs. And
all books, records, and documents, used in any such office by
virtue of any provision of this act, or of any ordinance or or-
der of the city council, or any superior officer of said city, shall
be deemed the property of the said city and appertain to said
office, and the chief officer thereof shall be responsible therefor.

CHAPTER IV.
City officers.
28. There shall be one city treasurer, one collector of the
city taxes, one commissioner of the revenue, one city surveyor

and one city clerk, and there may be one city auditor, and one
city attorney. |
29. The council may appoint such officers as they may deem
proper, in addition to those herein provided for, and define
their powers and prescribe their duties and compensation, un-
less otherwise provided in this act, and may take from any of
the officers appointed, bonds with sureties, in such penalties
as to the council may seem fit, payable to the city by its cor-
porate name, with condition for the faithful performance of
their duties. Ali officers appointed by the council may be re-
moved from office at its pleasure, except where the term of
office is fixed by this act.

30. The parties to bonds taken in pursuance of the provi-
sions of this act, their heirs, devisees, executors .and adminis-
trators, shall be subject to the same proceedings on said bonds,
for enforcing the terms and conditioas thereof, by motion or
otherwise, before the circuit court for the city of Portsmouth,
or the corporation or hustings court of said city, or any other
court held in said city, which may succeed to their civil com-
mon law jurisdiction, that collectors of the county levy and
their sureties are or shall be subject to on their bonds for en-
forcing the payment of the county levies.

31. There shall be elected by the qualified voters of the city
of Portsmouth, on the fourth Thursday in May, eighteen hun-
dred and seventy-three, and every third year 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
in the penalty of not less than thirty thousand dollars, said
bond to be approved by the city council and filed in the office
of the city clerk. He shall perform such duties, have such
powers and be liable to such penalties as are now or may here-
after be prescribed by laws or ordinances. The compensation
of said city treasurer for all services rendered to the said city
shall be fixed by the city council at such amount, not to exceed
five hundred dollars per annum, as to the said council may
seem fit.

32. There shall be chosen by the city council during the
month of July, eighteen hundred and seventy-three, and every
two years thereafter, one collector of the city taxes, who shall
hold his office for the term of two years, and until his successor
is elected and qualified, unless. soouer removed from office. He
shall give bond, with sureties to be approved by the city coun-
cil, in the penalty of not less than thirty thousand dollars, said
bond to be filed in the office of the city clerk. He shall per-
form such duties, have such powers, and be liable to such pe-
nalties as are now or may be hereafter prescribed by laws or
ordinances. In case of a vacancy occurring in his office, the
city council shall elect a qualified person to fill the unexpired
term of the same. He shall receive such compensation as the
council shall determine, not to exceed two and one-half per
centum upon all moneys collected for said city.

33. There shall be elected by the qualified voters of the city
of Portsmouth, on the fourth Thursday in May, eighteen hun-
dred and seventy-four, and every two years thereafter, one
commissioner of the revenue, who shall hold his office for the
term of two years, and until his successor shall be elected and
qualified, unless sooner removed from office. He shall give
bond, with sureties to be approved by the city council, in the
penalty of not less than two thousand dollars, said bond to be
filed in the office of the city clerk. He shall perform such
duties, have such powers and be liable to such penalties as are
now or may hereafter be prescribed by laws or ordinances.
The compensation of said commissioner of the revenue for all
services performed for the said city shall be fixed by the city
council at such an amount, not to exceed three hundred dollars
per annum, as to said council shall seem meet.

34. The city treasurer, city collector and commissioner of
the revenue may each appoint one or more deputies, to be ap-
proved by the city council, but the sureties on the bonds of
said officers shall be equally liable for the acts of the deputies
as for those of their principals.

35. Whenever the city council shall deem it expedient, said
council may appoint a city auditor and a city attorney, and
may regulate the bonds and fix the compensation of said offi-
cers; the compensation of the said city attorney not to exceed
four hundred dollars per annum, and the compensation of the
city auditor not to exceed six hundred dollars per annum. The
city council may prescribe the powers, duties and liabilities of
said city attorney, and fix his term of office, not to exceed two

ears. .

7 36. Whenever the city council shall appoint a city auditor,
he shall hold his office for the term of six years, and until his
successor be appointed and qualified, unless sooner removed.
He shall hold his office in such place as shall be designated and
prescribed by the city council. He shall give bond, with sure-
ties, to the amount of not less than ten thousand dollars, said
bond to be approved by the city council, entered on their re-
cord and filed with the city clerk. The said auditor shall open
and keep, in a neat and methodical manner, a complete set of
books, under the direction of the city council, wherein shall
be stated, among other things, the appropriations for the year
for each distinct object and branch of expenditure, and also the
receipts from each and every source of revenue, so far as he
can ascertain the same. Said books, and all papers, vouchers,
contracts, bonds, receipts, and other things kept in said office,
shall be subject to the examination of the mayor, the members
of the city council, or any committee thereof.

37. The said auditor shall be charged with and exercise a
general supervision over all the officers of the city charged in
any manner with the receipt, collection or disbursement of the
city revenues, and the collection and return of such revenues
into the city treasury. He shall have charge of all deeds,
mortgages, contracts, Judgments, notes, bonds, debts, choses
in action, belonging to the said city, except such as are con-
fided to the custody of the city clerk, and such other papers as
may be committed to his care by the city council by ordinance
or otherwise.
38. The said auditor shall have power to examine all ac-
counts, claims and demands for or against the said city; and
no money shall be drawn from the treasury or paid by the city
to any person, except as herein otherwise provided, unless that
balance due or payable be first settled and adjusted by the
said auditor; and for the purpose of ascertaining the true
state of any balance or balances so due, he shall have and is
hereby clothed with full power and authority to administer an
oath or oaths to the claimant or claimants, or any other person
or persons whom he may think proper to examine as to any
fact, matter or thing concerning the correctness of any ac-
count, claim or demand presented ; and the person so sworn
shall, if he swears falsely, be guilty of wilful and corrupt per-
jury, and be subject to punishment by imprisonment in the
penitentiary for not less than one nor more than five years.
Whenever any account, claim or demand as above mentioned
shall be found by said auditor to be correct, he shall certify
the same to the city council, and if the same shall be allowed
by them the fact shall be certified to the said city auditor by
the city clerk.

39. All money found to be due and payable by the said au-
ditor to any person shall be drawn by said auditor by warrant
on the treasurer, countersigned by the president of the coun-
cil, 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 auditor as aforesaid. But the auditor is forbidden to
issue his warrant for the payment of any money in excess of
the appropriation on account of which said money is drawn.

40. It shall be the duty of said auditor, as nearly as may be,
to charge all officers in 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 re-
ceipts of payment therefor, into the city treasury weekly or
monthly, or as often as he shall see fit to require the same by
any regulation which he may adopt; and if any such officer
shall neglect to make an adjustment of his accounts when re-
quired as aforesaid, and to pay over such moneys so received,
it shall be the duty of said auditor 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 auditor, and to pay over the balance of moneys found
to be due and in his hands belonging to the said city according
to the books of said auditor, and in case of the refusal or neg-
lect of such officer to adjust his accounts or pay over the said
balance to the treasurer as required, it shall then be the duty
of said auditor to make report of the delinquency of such offi-
cer to the mayor, who shall at once suspend him from office,
proceed forthwith to institute the necessary proceedings for
the removal of such officer from office, and immediately on his
removal institute suit in the name of said city against him and
his securities to recover the balance of moneys so found to be
due and in his hands belonging to the city.

41 The auditor shall make out an annual statement, as soon
as possible after the end of each fiscal year, giving a full and
detailed statement of all the receipts and expenditures during
the said year; the said statement shall also detail the liabilities.
and expenditures during the year, the liabilities and resources
of said city, the condition of all unexpended appropriations
and contracts unfulfilled, the balances of money then remain-
ing in the treasury, with all sums due and outstanding, the
names of all persons who may have become defaulters to the
city, and the amounts in their hands unaccounted for, and all
other things necessary to exhibit the true financial condition
of the city.

42. The auditor shall annually submit to the city council at
their first stated meeting after the beginning of the fiscal year
a report of the estimates necessary, as near as may be, to de-
fray the expenses of the city government during the current
fiscal year. He shall, in said report, class the different objects
and branches of said city expenditure, giving as nearly as may
be the amount required for each; and for this purpose he is
authorized to require of all city officers and heads of depart-
ments their statements of the condition and expense of their
respective departments and offices, withany proposed improve-
ment and the probable expense thereof, of contracts already
made and unfinished, and the amount of unexpended appro-
priations of the preceding year. He shall also in such report,
show the aggregate income of the preceding fiscal year from
all sources; the amount of liabilities outstanding upon which
interest is to be paid, and of bonds and city debts payable
during the year, when due and where payable, so that the city
council may fully understand the money exigencies and de-
mands of the city for the current year.

43. In addition to the other duties of said auditor it is here-
by made his duty, on the last day of each and every month, to
make out a monthly statement, giving a full and detailed ac-
count of all moneys received, from what sources and on what
account received, and of all moneys ordered to be paid or
drawn for by warrant by him, and on what account the same
have been paid; and shall deliver said statement to the said
city council at their next meeting, to be filed after the adjourn-
ment of said council by the city clerk with the papers belong-
ing to his office. ,

44, There shall be elected by the qualified voters of the city
of Portsmouth, on the fourth Thursday in May, eighteen hun-
dred and seventy-eight, and every six years thereafter, one city
surveyor, who shall hold his office for the period:of six years,
and until his successor is elected and qualified, unless sooner
removed from office. His duties and compensation shall be
the ‘same as those of a county surveyor. Whenever any per-
son is about to erect any building in said city, the said surveyor
shall define the line between the city and the lot on which said
building is about to be erected, and shall receive for so doing,
from the party erecting said building or owning said lot, a fee
of two dollars. And no person shall erect any building front-
ing upon the line of any street, until said line is defined by the
said city surveyor. No building, or part thereof, nor any porch
shall be erected so as to encroach upon any street or side walk
thereof, without the consent of the city council, and the city
council may order the removal of any structure erected in vio-
lation of this provision.

45. There shall be appointed by the city council, at its first
regular meeting in July suceeeding the election of said coun-
cil, or as soon thereafter as practicable, one city clerk, who
shall hold his office for two years, and until his successor is
elected and qualified, unless sooner removed from office. The
said city clerk shall enter into bond in a penalty of one thou-
sand dollars, conditioned for the faithful performance of his
duties, with sureties to be approved by the council; said bond
to be placed in the hands of the city treasurer.

46. he said city clerk shall have the custody of the corpo-
rate seal. It shall be his duty to attend all meetings of the
council and enter correctly its proceedings in a well bound
book kept for that purpose. He shall also, in a separate book,
carefully record all the ordinances of the city and amendments.
thereto, unless otherwise directed. He shall also keep an ac-
count book in which shall be entered all the balances due the
city, as reported by its officers, charging the treasurer with the
same, whenever evidence of payment to him is filed with the
report, and when such evidence is not filed, charging the
amount to the officer, until evidence of payment to the treas-
urer is presented, when he shall be credited, and the treasurer
charged with the same. He shall also, in another book pro-
vided for the purpose, transcribe such acts of the general as-
sembly of Virginia as have been or may be passed with spe-
cial reference to the city. The aforesaid books shall be kept
by him with an index referring to the different matters therein,
and they shall be open, at all times, to the inspection of any
member of the council or any other officer of the city, or any
citizen thereof. He shall make copies of, or extracts from, any
thing in said books, when required to do so by the couneil or
any member thereof, or any officer of the city. It shall be the
duty of the clerk to file and preserve all bonds of officers ap-
pointed by the council (except his own), and all other papers
which may come into his ‘hands as clerk. He shall report to
the council, unless it be otherwise brought to their notice, the
failure of any officer to make such reports as are now or may
hereafter be required; he shall report to the city treasurer the
amounts due by officers according to the reports, and also all
other indebtedness to the city of any person or persons, which
shall be ordered to be entered upon the proceedings. When-
ever there is a city auditor, any duties, assigned herein to the
city clerk, which shall conflict with or be the same as those
assigned by this act to the said auditor, shall be performed by
said auditor instead of said clerk.

47. For any delinquency in performance of the above duties,
or any others which may be assigned to said clerk, he may not
only be removed from office, but he may be fined in such an
amount as the council may determine, and he and his sureties
shall be held bound for the same.

48. The said city clerk may appoint a substitute to attend
any meetings of the council and record its proceeding’s; but
he and his sureties shall be held responsible for the acts of
said substitute.

49. In addition to his other duties, the said city clerk shall
act as clerk to the board of health, under such rules and regu-
lations as said board may prescribe.

50. The said city clerk shall receive an annual salary of six
hundred dollars, and shall be authorized, in addition thereto,
to receive the following - fees, viz: for affixing the seal of the
city, fifty cents; for copying, for every thirty words, five cents;
but he shall have no fee other than his salary for any of these
duties performed for the city, the officers thereof, or the coun-
cil or any of its members.

51. The bonds of all city officers shall be made payable to
the city of Portsmouth by its corporate name.

‘CHAPTER YV.
Finance.

52. For the execution of its powers and duties the city
council may raise annually, by taxes and assessments in said
city, such sums of money as they shall deem necessary to de-
fray the expenses of the same, and in such manner as they shall
deem expedient, in accordance with the laws of this state and
the United States: provided, however, that they shall impose
no tax on the bonds of said city, nor on any capital invested in
real estate or employed in manufacture outside the city limits,
although the person or persons engaged in said business or
manufacture have a place of business in said city. Neither
shall they impose any tax at the same time upon the stock of a
corporation and upon the dividends thereon; nor upon any
capital, income, interest or dividends, where a license or other
tax 1s imposed upon the business in which the capital is em-
ployed, or upon the principal money, credit or stock from
which the interest, income or dividend is derived. Said taxes
shall be equal and uniform upon all property, both real and
personal. The capital invested in all business operations shall
be assessed and taxed as other property. Assessments upon
all stock shall be according to the market value thereof.

53. The city council may grant or refuse licenses, and may
require taxes to be paid on such licenses to agents of insurance
companies whose principal office is not located in said city; to
auctioneers; to public theatrical, or other performances or
shows; to keepers of billiard tables, ten pin alleys and pistol
galleries; to hawkers and pedlers in the city, or to persons 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 be reached by the ad valorem system under the
preceding section. They may also grant or refuse such license
to all sellers of wine or spirituous or fermented liquors, and re-
quire taxes to be paid on such license, in addition to other
taxes imposed.

54. The council may grant or refuse licenses to owners or
keepers of wagons, drays, carts, hacks, and other wheeled car-
niages kept or employed in the city for hire, and may require
the owners or keepers of wagons, drays and carts, using them
in the city, to take out a license therefor, and may require
taxes to be paid thereon, and subject the same to such regula-
tions as they deem proper, and prescribe their fees and com-
pensation.

55. The city council may vest in the collector of the city
taxes, and of any other assessments which the said council is
authorized to make, any or all the powers which are now or
may hereafter be vested in any 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.

56. All goods and chattels, wheresoever found, may be dis-
trained and sold for taxes assessed and due thereon; and no
deed of trust or mortgage upon goods or chattels shall prevent
the same from being distrained and sold for taxes assessed
against the grantor in such deed while such goods and chattels
remain in the grantor’s possession; nor shall any such deed
prevent the goods and chattels conveyed from being distrained
and sold for taxes assessed thereon, no matter in whose pos-
session they may be found.

57. 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.

58. 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 council may require real estate
in the city delinquent for the non-payment of taxes to be sold
for said taxes, with interest thereon at the rate of twelve per
centum per annum, and such per centum as they may prescribe
for charges. Such real estate shall be sold, and may be re-
deemed under the provisions hereinafter made.

59. The collector of city taxes shall, under the direction of
the city council, cause to be published in all the daily news-
papers in said city, and when there are no papers published in
said city, in two or more of the daily papers published in the
city of Norfolk, not more than twenty days nor less than ten
days previous to such sale, a list of the several parcels of real
estate so to be sold, the time and place of sale, and shall de-
scribe 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.

60. 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
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, directly or indi-
rectly, purchase any real estate so sold.

61. 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. On such sale the collector shall execute
to the city a certificate of sale,in which the property purchased
shall be described, and the aggregate amount of tax or assess-
ment, with charges and expenses specified, and shall deposit
such certificate with the auditor or such other officer as may
be designated by the city council.

62. 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 a 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 sold and such additional
taxes thereon as may have been paid by the purchaser, his
heirs or assigns, or if purchased by the city, with such addi-
tional 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 cen-
tum per annum from the time that the same may have been
so paid; or the same may be paid within the said two years to
the city treasurer, in any case in which the purchaser, his.
heirs or assigns, may refuse to receive the same, or may not
reside or cannot be found in the city of Portsmouth.

63. 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 two years after the removal of the dis-
ability, the amount for which the same was so sold, and the ne-
cessary charges incurred by the purchaser, his heirs or assigns,
in obtaining the title under the sale, and such additional taxes.
on the estate as may have been paid by the purchaser, his heirs
Or assigns, and the appraised value of uny improvement that
may have been made thereon, with interest on the said items.
at the rate of twelve per centum per annum from the time the
same may have been paid. Upon such payment within two
years after the removal of such disability, the purchaser, his
heirs or assigns, shall, at the cost of the original owner, his
heirs or assigns, convey to him or them, by deed with special
warranty, the real estate so sold. |

64. The purchaser of any real estate sold for taxes and not
redeemed shall, after the expiration of two years from the sale,
obtain from the city auditor, or such other officer as may be
designated by the city council, 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 corporation or court of hustings of said
city to order the auditor, or such officer as may be designated
by the city council, to execute a deed to such heirs or assigns.

65. When the purchaser of any real estate sold for taxes,
his heirs or assigns, shall have obtained a deed therefor, and
within sixty days from the date of such deed shall have caused.
the same to be recorded, such estate shall stand vested in the
grantee in such deed as was vested in the party assessed with
the taxes (on account whereof the sale was made) at the com-
mencement of the year for which the said taxes were assessed,
notwithstanding any irregularity in the proceedings under
which the said grantee claims title, unless such irregularity
appear on the face of the proceedings; and if it be alleged
that the taxes for the non-payment of which the sale was made
were not in arrears, the party making such allegations must
establish the truth thereof by proving that the taxes were
paid.

66. In case that any real estate, struck off to the city as
hereinbefore provided, shall not be redeemed within the time
specified, the city auditor, or such officeras may be designated
by the city coulcil, shall, within sixty days after the expiration
of two years from the sale, cause to be recorded such certifi-
cate of sale, with his oath that thesamehas not been redeemed,
and thereupon the said corporation, or their assignees, shall
acquire an absolute title to the same in fee. The said certifi-
eate may be acknowledged or proved and recorded in the same
manner that deeds are recorded, and the said certificate, orthe
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. departments.

67. The police department of the city of Portsmouth shall
be under the general control and management of police com-
missioners thereof, who shall consist of the mayor and four
discreet citizens, qualified voters of said city, who shall be ap-
pointed by the judge of the corporation or hustings court of
said city at the July term of said court for the year eighteen
hundred and seventy-three, and every two years thereafter,
and shall constitute a board of police commissioners for said
city, of which board the mayor shall be president, and shall
have a casting vote. Any three of said commissioners shall
form a quorum for transacting business, except the appoint-
ment or dismissal of members of the police force hereinafter
otherwise directed; said board may adopt rules and by-laws
for the government thereof, and also may establish, promulgate
and enforce proper rules, regulations and orders for the good
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 councilor any of the provisions
of this act, or the constitution and laws of this state or of the
United States.

68. The said police commissioners, after taking the oath of
office as such commissioners, shall meet at the office of the
mayor, or other suitable place, at such time as may be expedi-
ent, 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.

69. It shall be the duty of said police commissioners to se-
lect from among the electors of said city, and by a vote of at
least three-fifths of said board, appoint by warrant of appoint-
ment, bearing the signatures of said commissioners, to be im-
mediately filed with the city clerk, so many permanent police-
men, officers and patrolmen as may be authorized by the city
council ; and said board shall also appoint one chief of police,
through whom said board may promulgate all rules, regula-
tions and orders to the whole force, and who shall have imme-
diate control and direction 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
the said single commissioner do not conflict with the rules,
regulations or orders of said board then in force; and said
chief and each policeman of said police force, appointed in
manner as aforesaid, may hold his respective office during the
verm of good behavior, or until the said board, by the unani-
mous vote of its members, 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 ma-
jority of said board as hereinafter provided.

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

71. The mayor at any time, upon charges being preferred, or
upon finding such 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 having 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 said
member ; and the pay or salary of such member shall cease
from the time of suspension to the time of restoration to ser-
vice, unless otherwise ordered by said board of commissioners
in their written decision, which shall be filed with the city
clerk; and any violation of the rules, regulations or orders of
said board or any superior shall be good cause for dismissal.

72. The salary of said chief and policemen shall be deter-
mined by the city council, and all bills of expense on account
of the police department shall be audited by at least three of
the said police commissioners. :

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

ose.

74. The said chief of police and policemen shall, generally,
have power to do whatever may be necessary to preserve the
peace and good order of said city and to secure the inhabitants
from personal violence and their property from loss and in-
jury. 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 now prescribed by law as to constables.

75. The said board of commissioners may prescribe such
uniform and badges for the police force as they may deem pro-
per, and direct in what manner they shall be armed. If any
person other than a policeman shall publicly wear such uni-
form 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 ordain.

76. As soon as said commissioners shall have entered upon the
discharge of their duties, and appointments of policemen are
made, and the policemen so appointed shall have qualified as
aforesaid, then all the policemen who shall be in service pre-
vious thereto shall immediately vacate their offices respectively,
unless re-appointed as hereinbefore provided.

77. The said board of police commissioners is hereby au-
thorized and required to make an investigation into the origin
and cause of every fire occurring in said city of Portsmouth,
and for that purpose said commissioners are hereby invested
with full power to summon before them any person or persons
they may deem proper, to administer oaths to the same, to
compel their attendance, and to examine them concerning said
fires and immediately after such inquisition they shall report
the facts ascertained to the city council.
18. The city council shall have power to ordain and enforce
such rules and regulations as shall be necessary and proper to
prevent accidents by fire within the said city, or to secure the
inhabitants thereof and their property from injury thereby,
arid to provide for the organization, equipment and govern-
ment of fire companies in said city, and to purchase and keep
in order hand and steam fire engines and other necessary fire
apparatus; also, to appoint and pay the necessary engineers,
firemen and drivers for said engines. They may also make
such ordinances as may be necessary to compel citizens to ren-
der assistance to the fire companies in case of need. They
may also appoint a chief engineer, prescribe his duty and fix
his compensation not to exceed one hundred dollars per annum.

79. Whenever any building in the said city shall be on fire
it shall be the duty of, and be lawful for, the said chief engineer
to order and direct such building, or any other buildings which
he may deem hazardous and likely to communicate fire to other
buildings, or any part of such buildings, to be pulled down
and destroyed, and no action shall be maintained against any
person or against the said city therefor. But any person in-
terested in any such building, so destroyed or injured, may
within three months thereafter apply to the city council to as-
sess 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 claimant
such sum as shall be agreed upon by them and the said claim-
ant 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 pay-
ment of the same in the same manner as is provided for the
ascertainment, assessment, collection and payment of dam-
ages sustained by the taking of land for purposes of public
improvement. ,

80. The commissioners appointed to appraise and assess the
damages incurred by the said claimant, by the pulling down or
the destruction of such building, or any part thereof, by the
direction of the said officer of the city, as above provided, shall
take into account the probability of the same having been de-
stroyed or injured by fire if it had not been so pulled down or
destroyed, and may report that no damages should equitably
be allowed to such claimant. Whenever a report shall be made,
and finally confirmed, in said proceedings for appraising and
assessing the damages, ® compliance with the terms thereof by
the city council shall be deemep & full satisfaction of all said
damages of the said claimant. But any party feeling aggrieved
thereby may appeal to the circuit court for the city of Ports-
mouth, which court, in taking jurisdiction thereof, shall be gov-
erned by the laws regulating the assessment of damages to
real estate in other cases.
CHAPTER VII
The judiciary.

81. There shall be elected by the qualified voters of the city
of Portsmouth, on the fourth Thursday of May, eighteen hun-
dred and seventy-six, and every sixth year thereafter, one clerk
of the corporation or hustings court, who shall also be the
clerk of the circuit court of said city, who shall serve for six
years, and until his successor be elected and qualified, unless
sooner removed from office. He shall give bond as clerk of
the said corporation or hustings court, with sureties to be ap-
proved by the judge thereof, in the penalty of not less than ten
thousand dollars, said bond to be filed in the office of the city
clerk. He shall receive for his services the feesand emoluments
which are now or may be hereafter allowed to clerks of circuit
and county courts.

82. There shall be elected on the fourth Thursday of May,
eighteen hundred and seventy-four, and every two years there-
after, by the qualified voters of the city of Portsmouth, one
commonwealth's attorney for the said corporation, who shall
hold his office for the term of two years, and until his successor
be elected and qualified. He shall perform such duties, have
such powers and be subject to such penalties as are now or
may hereafter be prescribed by law.

83. There shall be elected by the qualified voters of the city
of Portsmouth, on the fourth Thursday in'May eighteen hun-
dred and seventy-four, and every second year - thereafter, one
city sergeant, who shall hold his office for the term of two
years, and until his successor be elected and qualified, unless
sooner removed from office. He shall give bond, with sureties
to be approved by the judge of the corporation or hustings
court, in the penalty of not less than thirty thousand dollars,
said bond to be filed in the office of the clerk of the said court
of said city. He shall perform such duties, have such powers
and be liable to such penalties as are now or may be hereafter
prescribed by law.

84. There shall be elected by the qualified voters of the city
of Portsmouth, on the fourth Thursday in May, eighteen hun-
dred and seventy-four, and every two years thereafter, one
high constable, who shall hold his office for the term of two
years and until his successor is elected and qualified, unless
sooner removed from office. He shall give bond, with sureties
to be approved by the judge of the corporation or hustings
court, in the penalty of not less than five thousand dollars,
payable to the commonwealth of Virginia and conditioned for
the faithful performance of his duties; said bond to be filed in
the office of the clerk of said court. He shall perform such
duties, have such powers and be subject to such penalties as
are now or hereafter may be prescribed by the laws in refer-
ence to constables in the various counties and corporations of
this commonwealth; said high constable may appoint one or
more deputies to attend to and execute the duties of his office,
but the sureties on the bond of the said high constable shall
be equally liable for the acts of the said deputy or deputies as
for those of the principal. |

85. There shall be elected by the qualified voters of each
ward, on the fourth Thursday in May, eighteen hundred and
seventy-three, and every two years thereafter, as many justices
of the peace as there are councilmen elected for said ward,
who shall be residents of their respective wards, and shall hold
office for the term of two years and until their successors
shall be elected and qualified, unless sooner removed from
office.

86. The act passed March first, eighteen hundred and fifty-
eight, entitled “an act incorporating the town of Portsmouth
as a city,” and all acts amendatory thereof and supplemental
thereto, and all acts and parts of acts in conflict with this act,
are hereby repealed.

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