Chap. 297.—An ACT to Amend and Re-enact Sections Four, Five, Six,
Seven, Thirteen, Fourteen, Sixteen, Twenty-nine, Thirty-one, Forty-six,
Forty-seven, Fifty, Fifty-four, Fifty-nine, Sixty-two, Sixty-eight, Eighty-
four, Eighty-six, One Hundred and Six, and One Hundred and Seven of
an Act entitled an Act Providing a Charter for the City of Richmond,
approved May Twenty-fourth, Eighteen Hundred and Seventy.

Approved July 11, 1870.

1. Be it enacted by the general assembly, That sections four,
five, six, seven, thirteen, fourteen, sixteen, twenty-nine, thirty-
one, forty-six, forty-seven, fifty, fifty-four, fifty-nine, sixty-two,
sixty-eight, eighty-four, eighty-six, one hundred and six, and
one hundred and seven of an act entitled an act providing a
charter for the city of Richmond, approved May twenty-fourth,
eighteen hundred and seventy, be amended and re-enacted so
as to read as follows:

Ҥ 4. Whenever any special election shall be ordered by the
city council for any object not provided for in the general
election laws of the state, they shall communicate their order
for the same to the judge of the corporation court, and the
same proceedings shall be had as are provided by the laws of
ue state for special elections to fill vacancies in any municipal
office.

“45, The election of municipal officers, hereinafter men-
tioned, shall be held on the fourth Thursday in May next, and
on the fourth Thursday in May in every second year thereafter,
except for the election of city treasurer, who shall be elected on
the said Thursday in every third year thereafter; and the said
elections shall be conducted under the provisions of the gen-
eral election laws of the state.

Ҥ 6. In cases of vacancies arising in any municipal office
herein provided to be filled at the first election that may be
held thereafter in said city, it shal] be the duty of the mayor
forthwith, upon the happening of such vacancy or vacancies,
to certify the fact of such vacancy or vacancies to the judge of
the corporation court, who shall issue his writ for election to
fill such vacancy or vacancies in the manner prescribed in the
general election law of the state.
Ҥ 7, The mayor and the members of the city council, be-
fore entering upon the duties of their respective offices, shall
be respectively sworn in accordance with the laws of this state.
Such oaths may be administered to the mayor elect by any
judge of a court of record commissioned to hold any such
court within said city; and the members of the city council
by the mayor, being himself first sworn as aforesaid, or by
any judge of any court of record as aforesaid; and a certi-
ficate of such oaths having been respectively taken, shall be
filed with the city clerk, and entered upon the journal of the
city council. Every other person elected or appointed to any
office under this act, or under any law or ordinance of the city
council, shall, before he enters upon the duties of said office,
take and subscribe said oath, and such other oaths as may be
required by law or ordinance, before the mayor or city clerk,
the said clerk having himself been first sworn by said mayor
or a judge of a court of record as aforesaid; and a certificate
of the same shall be filed in the office of said city clerk. If
any person, elected or appointed to any office in said city, shall
neglect to take such oath for forty days after receiving notice
of his election or appointment, or shall neglect, for the like
space of time, to give such securities as may be required of
him by the city council, as hereinafter provided, or as may be
hereafter required by any law or ordinance, he shall be con-
sidered as having declined such office, and the same shall be
deemed vacant; and whenever any such vacancy shall occur,
another election shall be ordered or another appointment made,
according to the directions of this act.”

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

“ CHAPTER III.
“ City council.

Ҥ 14. The council of the city of Richmond shall be com-
nosed of twenty-five members, or more, according as the numn-
ber of wards of said city, as hereinbefore provided, shall be
increased. The several wards of said city shall be respec-
tively represented in said city council by five councilmen, who
shall be residents of their respective wards, and shall not be
less than twenty-one years of age. They shall he elected by
the electors of their respective wards, and hold their offices,
respectively, for two years.”

Ҥ 16. The council shall elect one of its members to act
as president, who shall preside at its meetings; 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.” :

“CHAPTER IV.
“ City Officers.

Ҥ 29, The council may appoint such officers and clerks as
they may deem proper, in addition to those herein provided
for, and define their powers and prescribe their duties and com-
pensation, and may take from any of the officers, and so forth, ap-
pointed, bonds, with sureties, in such penalties as to the coun-
cil may seem fit, payable to the city by its corporate name,
with condition for the faithful performance of said duties. All
officers appointed by the council may be removed from office
at its pleasure. In case of vacancies occurring in any munici-
pal office, when it is not herein otherwise provided, the city
council shall elect a qualified person to fill such office during
the unexpired term.”

Ҥ 31. The city auditor shall be elected by the qualified
voters of the city of Richmond. He shall hold his office for
the term of two years, and until his successof be elected and
qualify, unless sooner removed. He shall hold his office in such
place as may be designated and prescribed by the city council.
He shall give bond, with sureties, to the amount of not less
than thirty thousand dollars, which shall be determined by the
city council, before he enters upon the duties of his office;
said bond to be approved by the said city council, entered
on their record, and filled in the office of the city clerk. The
said auditor shall open and keep, in a neat and methodical
manner, 8 complete set of books, under the direction of the
city council, wherein shall be stated, among other things,
the appropriations of 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 ex-
amination of the mayor, the members of the city council, or any
committee or committees thereof.”

Ҥ 46. The treasurer may be required to keep all moneys in
his hands, belonging to the city, in such place or places of de-
posit as the city council may, by ordinance, provide, order,
establish, or direct. Such moneys shall be kept distinct and
separate from his own moneys; and he is hereby expressly
prohibited from using, either directly or indirectly, the corpo-
ration money, or warrants in his custody and keeping, for his
own use and benefit, or that of any person or persons whom-
soever; and any violation of this provision shall subject
him to immediate removal from office. In case of his removal,
the city council shall elect a qualified person to fill said office
until the next general election which may be held in-the city,
when the qualified voters of said city shall, as in other cases,
fill such vacancy by an election of a successor, who shall hold
his office for the remainder, if any, of the unexpired term of
the officer removed.

‘4 47, There shall be elected by the qualified voters of the
city of Richmond, one collector of the city taxes, who shall
hold his office for the period of two years, and until his suc-
cessor shall be elected and qualify, unless sooner removed
from office. He shall give bond, with sureties, to the amount
of not less than fifty thousand dollars; said bond to be ap-

roved by the city council, entered on their records, and filed
in the office of the city clerk.”

‘©§ 50. The said collector is expressly prohibited from keeping
the money of the city in his hands, or in the hands of any per-
son or corporation, to his use, beyond the time prescribed for
the payment of the same into the city treasury, and any viola-
tion of this provision shall subject him to immediate removal
from office.” ]

Ҥ 54. There shall be elected by the qualified voters of the
city of Richmond, one commissioner of the revenue, who shall
hold his office for the period of two years, and until his suc-
cessor shall be elected and qualify, unless sooner removed from
office. He shall give bond, with sureties, to the amount of
not less than five thousand dollars; said bond to be approved
by the city countil, entered on their record, and filed in the
office of the city clerk. In case a vacancy shall occur in the
office of commissioner of the revenue, the city council shall
elect a qualified person to fill said office until the next general
election which may be held in the city, when the vacancy shall
be filled by election for the unexpired term.”

Ҥ 59. The city council shall appoint a suitable and proper
person, who shall be the attorney and counsel for the corpora-
tion, who shall hold his office for the term of two years, unless
sooner removed, and until his successor shall be appointed and
qualify. We shall receive such compensation as the council
may determine, to be paid by the city. Said attorney shall
have the management, charge, and control of all the law busi-
ness of the corporation and the departments thereof, and of
all the law business in which the city shall be interested; shall
draw all leases, deeds, and legal papers for the same, and be
the legal adviser of the mayor, city council, or any committee
thereof, and of the several departments of said corporation ;
and when required, shall furnish written opinions upon any
subjects involving questions of law submitted to him by them.
Ife shall appear as counsel for the said corporation in any civil
case in which it is interested, depending in any court in the
city of Richmond; and when the constitutionality or validity
of any ordinance is brought in issue in any penal prosecution,
or when the mayor shall direct a prosecution for a nuisance,
he shall appear for the prosecution when the case shall come
into court. He shall perform such other duties as are or may
be required of him for the city by any ordinance or resolution
of the city council.”

Ҥ 62. There shall be appointed by the city council one en-
gineer for the city, who shall hold his office for the period of
two years, and until his successor shall be appointed and qual-
ify, unless sooner removed from office. He shall give bond,
with sureties, to the amount of not less than five thousand
dollars; said bond to be approved by the city council and
filed in the office of the city clerk.”

Ҥ 68. There shall be set apart, annually, from the accruing
revenues of the city, a sum not less than one per centum of
the city debt existing at the commencement of this act. The
fund thus set apart shall be called the sinking fund; and shall
be applied to the payment or purchase of the principal of the
city debt. If no part be redeemable, then the residue of the
sinking fund shall be invested in the bonds or eertificates of
debt of the eity, and applied to the payment of the city debt
as it shall become redeemable. Whenever hereafter there
shall be contracted by the city any debt not payable within
the next twelve months, there shall be set apart annually, for
thirty-four years, or until the debt is paid, a sum exceeding by
one per centum the aggregate amount of the annual interest
agreed to be paid thereon at the time of its contraction, which
sum shall be applied and invested towards the payment of
such debt in the same manner as hereinbefore provided for the
present existing debt of the city.”

“CHAPTER VI.
“Polwe and fire departments.

Ҥ 84. The police department of the city of Richmond shall
be under the general control and management of police com-
missioners thereof, who shall consist of the mayor, the presi-
dent of the city council, and the police justice, and shall con-
stitute a board of police commissioners for said city ; of which
board the mayor shall be president, and shall have a casting
vote. Any two of said commissioners shall form a quorum
for the transaction of any business. Said board may adopt
rules and by-laws for the government thereof, and also may
establish, promulgate, and enforce proper rules, regulations,
and orders for the good government and discipline of said po-
lice force: provided, that said rules, regulations, and orders
shall not in any way conflict with any ordinance of the city
council, or of the provisions of this act, or the constitution
and laws of this state or of the United States.”

“4 86. It shall be the duty of said police commissioners to
select from among the electors of said city, and appoint by
warrant of appointment, bearing the signatures of all three of
said commissioners, to be immediately filed with the city clerk,
80 many permanent policemen, officers, and patrolmen as may
be authorized by the city council; and said board shall also
appoint, with the approval of the city council, one chief of po-
lice, who shall hold office for the term of two years, through
whom said board may promulgate all rules, regulations, and
orders to the whole force, and who shall have immediate
direction and control of said force, subject, however, at all
times, to the rules, regulations, and orders of said board, and
to the orders.of the mayor: provided, that the orders of such
single commissioner do not conflict with the rules, regulations,
or orders of said board then in force; and said chief and each
policeman of said police force, appointed in manner as afore-
said, may hold his respective office during the term of good
behavior, or until said board, by unanimous vote, shall remove
him; but in case of misconduct on the part of such chief or
any member of said police force, then he may be removed by
the decision of a majority of said board, as hereinafter pro-
vided, or by the city council.” "

Ҥ 106. There shall be appointed by the city council one po-
lice justice, who shall hold his office for the term of two years,
and until his successor shall be elected and qualify, unless
sooner removed from office. The police justice shall hold a
court daily in said city (Sundays excepted), in such place as
the city council may provide and appoint. The jurisdiction of
the court shall extend to all cases arising within the jurisdic-
tional limits of the city, of which a justice of the peace may
take cognizance under the laws of the state, and to all cases
arising under the charter or ordinances of the city, or where
there 1s a claim against the city or a person therein, if it does
not exceed one hundred dollars, exclusive of interest; and the
judgment shall be final in all civil cases where the matter in .
controversy, exclusive of costs, is not more than twenty dol-
lars. He shall have such other powers and jurisdiction as may
be conferred upon him by the city council, not in conflict with
the constitution and laws of the United States and of the state
of Virginia.

“The city council may provide for the appointment of such
clerks and officers for said court of the police justice, and make
such rules for the government of said court, as they may find
proper.

“Tf any person who has been duly summoned as a witness to
attend and give evidence before the police justice, touching
any matter or thing pending before him under the charter or
any ordinance of the city, shall fail to attend in obedience to
the said summons, he or she may be fined, at the discretion of
the said justice, in a sum not exceeding twenty dollars.

Ҥ 107. There shall be elected by the qualified voters of
each ward, three justices of the peace for each ward of the
said city, who shall be residents of their respective wards, and
shall hold office for the term of two years, and until their suc-
cessors be elected and qualify, unless sooner removed from of-
fice. They shall be designated by the city council as first,
second, third, et cetera, justices. The said justices of the peace
shall be conservators of the peace within the limits of the cor-
poration of Richmond, and shall have the same powers and
duties within said limits as are provided by law in respect to
justices of the peace in counties of this state in their respec-
tive counties, except that nothing herein contained shall be
construed as vesting in said justices any portion of the juris-
diction given by this act to the police justice.

“Whenever the police justice shall be absent from the city,
or unable, from any cause, to hold his court, the same shall be
holden by a justice of the peace, to be designated by the coun-
cil. And when the said court shall be holden by a justice of
the peace six or more days in succession, he shall be entitled
to receive therefor the same compensation, pro rata, that may
be prescribed as salary to the police justice.”

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