Chap. 127. —An ACT to Amend and Re-enact Sections 6, 7, 9, 13, 14, 15,
27, 28, 31, 34, 36, of Chapter 139, Session Acts 1870-71, entitled ‘An
Act Providing a Charter for the City of Norfolk.”

In force March 4, 1872.

1. Be it enacted by the general assembly, That sections six,
seven, nine, thirteen, fourteen, twenty-seven, twenty-eight,
thirty-one, thirty-four, thirty-six, of chapter one hundred and
thirty-nine of session acts of eighteen hundred and seventy
and eighteen hundred and seventy-one, be amended and re-en-

" acted so as to read as follows:

§ 6. In all cases of vacancies arising in any office, from any
cause whatever, the councils shall appoint a qualified person tc
fill the said office for the unexpired term.

t § 7. The mayor, and the members of the city councils, before
entering upon the duties of their respective offices, shall be
respectively sworn, in accordance with the law of this state
Guch oaths may he administered to the mavor elect by an
court within said city, and the members of the city councils 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 respectively taken, shall be filed with
the clerk of the common council, and entered upon the journal
of the city councils. Every other person elected or appointed
oO any oftice under this act, or under any law, or ordinance of
the city councils, shall before he enters upon the duties of said
office, take and subscribe said oath, and such other oaths as
may be required by law or ordinance, before the mayor; and a
certificate of the same shall be filed in the office of the clerk
of the common council. The clerk of the corporation court
of the said city shall notify all persons elected as aforesaid,
and the clerk of the common council shall notify all persons
appointed as aforesaid, of their election or appoimtment, as the
case may be. If any person elected or appointed to any office,
in said city, shall neclect to take such oath for ten days after
receiving notice of his election or appointment, or shall neglect
for the like space of time to give such securities as may be re-
quired of him by the city councils, as hereinafter provided, or
as may be hereafter required by law or ordinance, he shall be
considered as having declined such office, and the same shall be
deemed vacant, and such vacancy shall be filled according to
the provisions of this ct.

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

§ 13. In case a vacancy shgll occur in the office of mayor,
the city councils shall appoint a qualified person to fill the
vacancy for the unexpired term.

§ 14. The councils of the city of Norfolk shall consist of the
same number of councilmen, in the select and common coun
cils respectively, as is now provided by law, and said councilmer
shall be apportioned according to the existing apportionment un
til a re-apportionment shall be made by ordinance in pursuance
of the law. The councilmen shall be residents of their respective
wards, and shall not be less than twenty one years of age, anc
and shall be elected annually on the fourth Thursday in May

§ 15. Theselect council shall annually elect its officers, to con
sist of a president, vice-president and clerk; and the commot
council shall annually elect its officers, to consist of a presiden
and vice-president. The city treasurer shall act as clerk of th
common council. The select and common councils, respec
tively, may elect such other officers and clerks as they may deen
necessary, which officers respectively shall be liable to be re
moved by the councfls respectively, each acting for itself 1
this regard, with power to the respective councils, each actin;
for itsclf, to supply any vacancy occurring. The president, o:
the president pro tempore, who shall preside when the pra
ceedings of a previous meeting are read, shall sign the same
The president shall have powcr, at any time to call a mectin;
of the councils; and in ease of his absence, from sickness, dis-
ability or refusal, the councils may be convened by the order,
in writing, of any five members of the councils.

§ 27. There shall be elected on the fourth Thursday in May,
eighteen hundred and seventy-two, and on the fourth Thurs-
day in May in every second year thereafter, the following offi-
cers: one collector of city taxes and levies, one commissioner of
the revenne, one city attorney, and one city surveyor. There
shall also be elected on the fourth Thursday in May, eighteen
hundred and seventy-three, and on the fourth Thursday in
May in evcry third year thereafter, one city treasurer, who
shall act as clerk of the common council and perform such
other dutics as may be required by law or ordinance. All
other officers, clerks and assistants, whether required by law
or ordinance, shall be appointed by the councils at their first
rezular mecting after their election, or as soon thereafter as
may be practicable, and the councils shall have power to create
such offices and appoint such officers, clerks and assistants, as
they may deem necessary, not Inconsistent with the provisions
of this act, or the constitution and laws of the state and the
United States.

§ 28. The councils may, so far as is not inconsistent with
the provisions of this act, or the constitution and laws of the
state and the United States, define the powers, prescribe the
duties and compensation, and take from any of the officers
hereinbefore or hereinafter provided for, bonds with sureties,
in such penalties, as to the councils may seem fit, payable to
the city in its corporate name, with condition for the faithful
‘performance of said duties. All officers appointed by the
councils may be removed from office at their pleasure.

§ 31. The said treasurer shall perform such duties, have such
powers, and be liable to such penalties, as may be prescribed
by existing laws or ordinances, or as may be prescribed by
laws or ordinances hereafter enacted or ordained. In case of a
vacancy in the office from any cause whatever, the councils
shall appoint a qualified person to fill the said office for the
unexpired term.

§ 34. It shall be the duty of the said collector to conduct
all the proceedings and render all the service necessary to per-
fect the salo and transfer of real estate in the said city, where
the same shall be sold, or advertised for sale, for the non-
payment of any tax, or assessment imposed by the city coun-
cils, as hereinafter provided. In case of a vacancy in the of-
fice, from any cause whatever, the councils shall appoimt a
qualified person to fill the said office for the unexpired term.

& 36. The said commissioner of the revenue shall perform
such duties, have such powers, and be lable to such penalties,
as may be prescribed by existing laws or-ordinances, or as may
be prescribed by laws or ordinances hereafter enacted or or-
dained. In case of a vacancy in the oftice, from any cause
whatever, the council shall appoint a qualified person to fill
the said office for the unexpired term.

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