Chap. 189.—An ACT to Amend and Re-enact Sections 6, 14 and 27 of an
- Act Providing a Charter for the City of Norfolk, in foree March 16th,
1871, as Amended by an Act in force March 4th, 1872.

Approved March 19, 1873.

1. Be it enacted by the general assembly, That sections
twelve and twenty-four of an act providing a charter for the
city of Norfolk, in force March sixteenth, eighteen hundred
and seventy one, and sections six, fourteen and twenty-seven
of the same act, as amended by an act in force March fourteenth,
eighteen hundred and seventy-two, be amended and re-enacted
so as to read as follows:

§ 12. In case of the absence or inability of the mayor, any
justice of the peace in the city, selected by the mayor, shall
act as mayor, and shall discharge the municipal duties of the
mayor during such absence or inability. .

§ 24. Whenever any street shall be laid out, a street graded
or paved, a culvert built or any other public improvement
whatsoever made, the city councils may determine what por-
tion, if any, of the expenses thereof ought to be paid from the
public treasury, and what portion by the owners of real estate
benefitted, or may order and direct that the whole 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, uniil first requested
by a petition signed by a majority of the owners of property
to be assessed for such improvements, or unless the councils in
joint meeting, as provided in section twenty-seven of this act,
shall concur in voting any improvement to be expedient or in
determining to make the same, after allegations have been
heard; in which case no petition or request shall be necessary :
provided, however, that such measure shall be decided by a
two-thirds vote of the members present at such joint meeting,
and provided further, that there shall be a quorum of each
council present at such joint meeting.

§ 6. In case of vacancies arising in any municipal office pro-
vided for by this act, the councils shall appoint a qualified per-
son to fill such office for the unexpired term, and in case of any
vacancy arising in the office of councilman, the select or com-
mon council, as the case may be, shall elect a qualified person
for the unexpired term.

§ 14. There shall be elected on the fourth Thursday in May,
eighteen hundred and seventy-three, and on the fourth Thurs-
day in May biennially thereafter, twenty-eight councilmen, and
the same number of councilmen shall be so elected until a re-
apportionment shall be made according gto law. The council-
men shall proceed at their first meeting after their election, or
as soon thereafter as practicable, in such manner as they may
deem proper, to elect eleven of their number to constitute a
select council; which select council shall hold its meetings sep-
arate and apart from the remaining seventeen councilmen, who
shall constitute the common council. The councils, after their
separate organization, shall in such manner and at such time
as may be prescribed by ordinance, proceed to appoint all
officers, clerks and assistants whose election or appointment is
not otherwise provided for by law. The councils shall appoint
at their first meeting in July, eighteen hundred and seventy-
three, or as soon thereafter as practicable, and every three years
thereafter, two justices of the peace for each ward of the city ;
the said justices shall be conservators of the peace within the
limits of the corporation of Norfolk and shall hold their offices,
with all the powers and duties of justices within said limits,
as are or may be provided by law in respect to justices in the
counties of this state. The councils shall also appoint, at
their first meeting in July, eighteen hundred and seventy-three,
or as soon thereafter as practicable, and annually thereafter,
one constable for each ward of the city, who shall hold his
office, with all the powers and duties of constables within the
limits of the city, as are or may be provided by law in respect
to constables in the counties of this state. The councilmen
shall reside in the wards from which they are elected during
their term of office, and shall not be less than twenty-one
years of age.

§ 27. There shall be elected on the fourth Thursday in May,
eighteen hundred and _ seventy-two, and the fourth Thursday
in May in every second year thereafter, the following officers:
one collector of city taxes and levies, one commissioner of the
revenue, one city attorney, and one city surveyor. There shall
also be elected on the fourth Thursday in May, eighteen hun-
dred and seventy-three, and on the fourth Thursday in May
in every third year thereafter, one city treasurer, who shall act
as clerk of the common council, and perform such other duties
as may be required by law or ordinance. The councils shall
have power to create such offices, and to appoint such officers,
clerks and assistants as they may deem necessary, not incon-
sistent with the laws of the state.

Ordinances and resolutions may originate in either the select
or common council, to be approved or rejected by the other,
and may be amended by either council with the consent of the
other. But when the councils cannot agree upon any ordi
nance or resolution, they shall, after the ordinance or resolution
has been pending thirty days, assemble together in joint meet-
ing; a president pro tempore shall be elected by the vote of a
majority of the members present at such joint meeting, and
such ordinance or resolution shall be finally decided by a vote
of two-thirds of the members present at such joint meeting:
provided, however, that a quorum of each council shall be pre-
sent at such joint meeting.

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