CHAP. 262.-~An ACT apyropriuting the public revenue for the fiseal
year 1878-79.

Approved March 3, 1879.

1. Be it enacted by the general assembly of Virginia, That
the public taxes due prior to the firet day of October, eighteen
hundred and seventy-eight, as well as all other branches of
revenue, and ali other moneys not otherwise appropriated which
shall come into the treasury prior to the first day of October,
eighteen hundred and seventy-nine, shall constitute a general
fund, and be appropriated for the fiscal year to close on the
thirtieth day of September. eighteen hundred and seventy-nine.
a3 follows, to-wit:

Agricultural coniprissioner,

Fer contingent expenses of his oifiee, two thousand nine
hundred dollars.

Attoracy-qeneruls office.

For fuel and ligh’s, rent of office, postage and actaal ex-
penses when absent from the city of Richmond ou business for
the state, six hundred and fifty doulars.

Auditor of giblis accoun’s office.
¥

For contingent expenses of his offico, for postage on land.
property and other books, on blanks, and for current corres-
pondence, three thousand dollars.

To the clerks in tue office of the auditor of public accounts,
thirty-five hundred and twenty-five dollars, to place the said
clerks upon an equality with the clerks in the other depart-
ments of government, from the fisst day of July last and on-
ward.

Board of public works.

Contingent expenses of, seven hundred and fifty dollars:
provided, that ne proxy of the state in any internal improve-
ment company shall receive more than fifty dollars, in any one
year, in full of all mileage and compensation allowed by law
to proxies.

To salary of the secretary of the board of public works.
three hundred and twenty dollars.

Civil contingent fund, ten thousand dollars.

Cicil prosecutions.

Expenses incident to suits in which the commonwealth is-a
party, one thousand dollars.

Clerk of the senate.

In addition to salary allowed from and after July one, cigh-
teen hundred and seventy-eight, six hundred dollars.
Forty thousand dollars.
Criminal charges.

Expenses of juries, witnesses, guarding jails, and so fortl
ninety thousand dellars: provided, that the physician to th
jail for the city of Richmond shall not receive a greate
amount in any one year than one thousand dollars.

Dawson fund,

To pay interest on bonds held for schools in Albemarle an
Nelson counties, two thousand and ifty-iwo dollars,

Deaf, danh aud tlind,
To the institution for the, thirty thonsand dollars.
Debt—Public.
For expenses of funding the, one hundred and twenty dollars

E’scheats.

Expenses of lands escheated, ten dollars.
£ish,

Tor the preservation and cultivation of, two thousand dollars

For the propagation and distribution of fish in the waters o
the Roanoke and its tributavies, five hundred dollars.

For the erection of a state hatching-houses, and the construc
tion of ponds for breeding fish at such point on the line of th
Atlantic, Mississippi and Ohio railroad, as, in the judgment o
the commissioner of fisheries, may bo most suitable, one thou
sand five hundred dollars

For the erection and equipment of a permanent shad hatch
ing station, at such suitable location on the waters of the Rar
pahannock as will, in the judgement of the commissioner o
fishcrics, best promote the efiiciency of the work, one thousan
dollars. '

General assembly,
For expenses of the session commencing on the first Wec

nesday in December, cighteen hundred and seventy-eight, eight.
thousand dollars.

General account of revenue.

To the commissioners of the revenue for taking lists c
taxable property and subjects, preparing books, lists of license
and postage, fifty thousand dollars.
For printing and binding the twenty-ninth volume, three
thousand five hundred dollars.

Guard of bouds, und so forth.

To pay an extra guard of the unissued bonds tn the trea-
surer’s office, seven hundred and cighty dollars: provided that
the governor shall cause to be destroyed, in the presence of the
commissioners of the sinking fund, all state bonds not required
for the use of the state, after which, this appropriation shall
cease.

Lunatics in jail.

For maintenance of, thirty thousand dollars.

Lunatic asylums.

To the Central lunatic asylum (colored) at Richmond, thirty-
five thousand dollars, and any balance due on the annual
appropriation of eighteen hundred and seventy-seven, seventy-
eight, for the support of the institution.

To the Eastern lunatic asylum (white) at Williamsburg, in
addition to receipts from patients, forty thousand dollars, and
any balance due said asylum on the annual appropriation of
eighteen hundred and seventy-seven, seventy-eight, for the sup-
port of the institution.

To the Eastern lunatic asylum (white) at Williamsburg, bal-
ance due for enlargement and alterations under the act of
March tenth, eighteen hundred and seventy-six, thirty thousand
dollars.

To the Western lunatic asylum (white) at Staunton, in ad-
dition to receipts from patients, forty thousand dollars, and
any balance due said asylum on the annual appropriation of
eighteen hundred and seventy-seven, seventy-eight, for the sup-
port of the institution.

To the Western lunatic asylum (white) at Staunton, balance
due for enlargement and alterations, under the act of Mareh
ten, eighteen hundred and seventy-six, thirty-one thousand
dollars.

Medical college of Virginia, at Richmond, one thousand five
hundred dollars.

Military contingent expenses one hundred dollars.

Military officers of militia one hundred dollars.

Moffett register.

Compensation to assessors, and so forth, ten thousand dol-
lars.
Officers of government.

To salaries and allowances of the officers of civil government,
one hundred thousand dollars.
Expenses in colleciing tax on oysters, fifty dollars.
Penitentiary criminal charges.

For transporting convicts to the penitentiary, five thousand
lars.
Penitentiary exterior quard.

For pay of, twelve thousand dollars.
Penitentiary interior quurd.

For pay of, three thousand dollars.
Penitentiary house expenses.

For supplies furnished for convicts, fifteen thousand dollars.
Penitentiary, officers of.

For salaries of the superintendents, assistant keepers, clerk,
rgeon at the penitentiary, and allowance to the board of
rectors, seven thousand dollars.
Purchase of raw material for the penitentiary, ten thousand
liars.
For provisions, and so forth, furnished convicts employed in
pairing James river and Kanawha company’s canal and Clif-
n Forge railroad.

Pension.

To Mrs. Bridget Boerly, on account pension paid her semi-
mnually, her husband killed at Harpers Ferry, John Brown
id, ninety-six dollars,

Police, and so forth.

For pay of police employed in the capitol and state court-
use, and for pay of messenger to the executive department,
id to employees about the governor’s grounds and the public
juare, six thousand dollars.

Porter to basement offices.

For pay of, at fifty cents per day, additional sum allowed.
1e hundred and eighty dollars.

Printed records.

For printing records of the court of appeals, five thousanc
ollars.
Pubdhe printing.

Expenses of, twenty thousand dollars.
Contingent expenses of his office, fifty Collars,

Bepenses of registration.

Of marriages, births and deaths, five thousand dollars.

Reporter of the court of eppeals.

Annual allowance to, one thousand five hundred dollars.

Second auditor's office.

Coutingent expenses of, one hundred and fifty dollars.

Superintendent of public buildings.

Contingent expenses of his office. seventy-five collars.

Secretary of the commonwealth,

Contingent expenses of his office. postage on poll-books,
blanks, and so forth, four hundred and fifty dollars.

Preesurer s office.

Contingent expenses of, two hundred dollars.
For employment of a temporary clerk in, twelve hundred
dollars.
University of Virginia.

Annual appropriation to, thirty thousand dollars, and any
balance on the annual appropriation of eighteen hundred and
seventy-seven, seventy-eight.

Vaccine agent.
Salary of, six hundred and seventy-five dollars.
Virginia Military Institute.

Appropriation to, twenty-five thousand dollars, which shall
include ten thousand dollars‘annually appropriated for six years
by act of March seventeen, eighteen hundred and seventy-six.

2. So much of the public revenie as may be received into
the treasury after the thirtieth day of September, eighteen hun-
dred and seventy-nine, and the surplus of all other appropria-
tions made prior to that date, unexpended within the fiscal year
hereinbefore provided for, and all other moneys not otherwise
appropriated by law, shall constitute a general fund to defray
such expenses authorized by law as are not herein particularly
provided for, and to defray the usual allowances to lunatic asy-
lums, and other current expenses of the commonwealth in the
fiscal year, which will commence on the first day of October,
eighteen hundred and seventy-nine, and terminate on the thirtieth
day of September, eighteen hundred and eighty; and the audi-
tor of public accounts is hereby authorized and required to
issue his warrant in the same manner as if the same had been
specially mentioned, subject to such exceptions, limitations and
conditions as the general assembly has prescribed or may deem
it proper to annex and prescribe by law.

3. The payments for support to lunatic asylums, for support
and transportation of patients, and to the institution for the
education of the deaf, dumb and blind, shall be made one-fourth
in advance on the first day of October, one-half on the first, day
of January (if the visitors or directors so require), and the re-
maining one-fourth on the first day of July: provided that the
auditor of public accounts shall pay the aforesaid appropriations
to the Central asylum in monthly instalments, if the visitors or
directors so require.

4, Any surplus revenue that may remain after paying the fore-
going ¢ appropriations shall he appropriated to the payment of
the interest on the peeler debt.

5. This rct shall be in force from its passage,

CHAP, 263,—An ACT to provide a charter for the city of Predericks-
bure,

Approved Maren 3, 1879.

1. Le it enacted by the general assembly of Virginia, That
the territory contained wit.in tne limits set out in a survey and
plat made by Colonel Carter M. Braxton in April, eighteen
hundred and sixty-seven, under the direction of the common
council of Fredericksburg. and now deposited in the clerk’s
office of the corporation court of Fredericksburg, and by any
acts hereafter passed by the general assembly of this state,
shall be deemed and taken as ‘the city of Fredericksburg, and
the inhabitants of the city of Fredericksburg, for all purposes
for which towns and cities are incorporated in this state, shall
continue to be one body politic, in fact and in name, under the
style and denomination of the City of Fredericksburg ; and as
such shail have, exercise, and enjoy all the rights, immunities,
powers and privileges, and be subject to all the duties and obh-
gations now incumbent and pertaining to said city as a munici-
pal corporation.

2, The administration and government of the 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 Fredericksburg,
and in such other boards and officers as are hereinafter men-
tioned or may be provided for by the said council.

3. The municipal officers of the said city shall consist of 4
mayor, a police justice, a recorder, a collector, twelve council-

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men, a treasurer, a clerk of the corporation court, an attorney
for the commonwealth, a sergeant, a commissioner of the reve-
nue, three justices of the peace for each ward, and such num-
ber of policemen as the said council may determine.

4. The said city shall be divided into as many wards as the
council may determine, in such manner as to include, as nearly
as may be consistent with the well-defined limits of the said
wards, an equal number of voters in each ward.

5. The election of mayor, sergeant, commonwealth’s attor-
ney, and commissioner of the revenue, shall be held on the
fourth Thursday in May, cighveen hundred and eighty, and on
the fourth Thursday in May of every second year thereafter ;
the treasurer shall be elected on the fourth Thursday in May,
eighteen hundred and seventy-nine, and the fourth Thursday
in May of every third year thereafter; the councilmen shall
be elected on the fourth Thursday in May, eighteen hundred
and seventy-nine, to serve as hereinafter provided, and there-
after on the fourth Thursday in May in each succeeding year,
ag hereinafter provided; the justices of the peace shall be
elected on the fourth Thursday in May, eighteen hundred and
seventy-nine, and on the fourth Thursday in May annually
thereafter; the clerk of the corporation court, who shall also
be clerk of the circuit court of Fredericksburg, shall be elected
on the fourth Thursday in May, eighteen hundred and eighty-
two, and on the fourth Thursday in May. every sixth year

w thereafter. Said elections shall be conducted under the pro-

visions of the general election laws of the state. When two
or more persons are to be elected to the same office, the several
persons, to the number required to be chosen, having the high-
est number of votes shall be declared elected. The police jus-
tice shall be elected by the council in July, eighteen hundred
and eighty, to serve for two years from July first, eighteen hun-
dred and eighty, and until his successor is elected and qualified,
and in every second year thereafter the council shall elect a
police justice to serve for a like period, The policemen shall be
chosen by a board to be called the police board, consisting of
the mayor, the police justice, and one member of the council,
to be designated by said council. The said policemen shall
hold their offices for one year from the first day of July in the
year in which they are appointed.

6. If it shall appear by the election returns, at any election
by the people, that any municipal officer to be chosen by them
has not been elected, or if any person so elected shall fail or
refuse to accept said office, or if it shall appear by said elec-
tion returns that any such officer shall not have been elected by
reason of two or more candidates haying received an equa
number of votes, the council shall, by ballot, elect such officer
or officers, either from among the candidates or other citizens
qualified to hold office, who shall, after being qualified accord-
ing to law, hold such office or offices until their successors are
elected and qualified.
7. The mayor and all other municipal officers of said city,
before entering upon the duties of their respective offices, shall
be respectively sworn in accordance with the laws of this state,
such oaths to be administered by any one qualified by the laws
of the state to administer oaths. Jf any person elected or ap-
pointed to any office in said city shall neglect to take such oath
for thirty days after receiving notice of his election or appoint-
ment, or shall for like space of time neglect to give such secu-
rities as may be required of him by the council, or by any law
or ordinance, he shall be considered as having declined such
office, and the same shall be deemed vacant; and whenever
any such vacancy shall occur, except in the case of the clerk
of the corporation court, another election or appointment shall
be made by the council, and the person so elected or appointed
shall hold said office until his successor be elected and qualified,
and where a vacancy shall occur in the office of clerk of the
corporation court, either from such failure to qualify, or othec-
wise, it shal! be filled by appointment by the judge of the cor-
poration court, and the person so appointed shall hold said
office until his successor be elected and qualify.

8. All persons elected or appointed, and qualified to office
under this charter, or under any ordinance made in pursuance
thereof, shall continue to discharge the duties of such office
until their successors shall be elected or appointed and qualify.

9. All persons resident within said corporation, qualified by
the laws of the state, by length of residence and otherwise, to
vote, and none others, shall be entitled to vote at any municipal
election held in said city; but they shall only be entitled to
vote in the wards in which they respectively reside and are
registered.

10. The voters of each ward shall be separately r>gistered,
and npon a change of residence from one ward to another, the
name of the voter so changing his residence shall, upon appli-
cation to the registrar, be erased from the lists of the ward
from which he has removed, and enrolled on the ists of the
ward into which he has removed; but no such transfer shall be
made within three days of any election.

11. The mayor shall be elected by the qualified voters of the
city of Fredericksburg, for the term of two years, and no per-
son shall pe qualified to hold the office of mayor except such as,
being a resident of the city, shall be qualified to hold office
under the constitution of this state. His salary shall be fixed
by the city council, payable at stated periods, so a3 not to ex-
ceed one hundred dollars per annum, and he shall receive no
other compensation or emolument whatever as mayor, and no
regulation increasing or diminishing 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 so fixed,
shall so continue until changed by the said council as afore-
said. He shall, by virtue of his office, be the chief executive
officer of the corporation, possess all the jurisdiction, and exer-
cise all the powers of a justice of the peace of said city, in ad-
dh

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dition 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. He shall, when present, preside at the meet-
ings of the said council, and it shall be his duty to communi-
cate to the said council annually, as soon as may be after the
commencement of the fiscal year, and oftener if he shall deem
it expedient or be so required by the said council, a general
statement of the condition of the city in relation to its govern-
ment, finances and improvements, with such recommendations
as he may deem proper. IIe shall exercise a constant supervi-
sion over the conduct of all subordinate officers; have power
and authority to investigate their official acts ; have access to
all books and documents in their offices, and may examine said
officers and their subordinates on oath. The evidence given by
persons so examined shall not be used against them in any crimi-
nal proceedings. Ife shall have power to suspend or remove
such officers, whether they be elected or appointed, for miscon-
duct in office, or neglect of dnty, 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 to be heard in his defence. On the re-
moval or suspension of such officer or officers, the mayor shall
report the same with his reason therefor to the city council at
their next regular meeting.

12. In the case of the absenee or inability of the mayor, the
recorder shall preside over the meetings of the council; shall
possess the powers and discharge the municipal duties of the
mayor during such absence or inability, and during the absence
or inability of both the mayor and the recorder, the council shall
elect a president pro tempore to preside over said council. In
all cases of tie votes upon questions before the council, the presi-
cing officer shall haye the casting vote.

13. In case a vacancy shall occur in the office of mayor from
any cause, the city council shall elect a qualified person to fill
the office until the first general election thereafter occuring,
when the vacancy shall be filled by election by the people for
the unexpired term.

14. The council of the city shall be composed of twelve
members. Those elected in May, eighteen hundred and sey-
enty-nine, shall be divided by lot into three classes, to be de-
signated as class number one, class number two, and class
number three. Those of class number one shall serve for one
year, those of class number two shall serve for two years, and
those of class number three shall serve for three years; and
annually thereafter there shall be elected by the qualified voters
of the city, from the residents of the city who are qualified to
hold office, four councilmen to succeed the four retiring in that
year, and to serve for three years. In case of any vacancy
happening in the city council by death, resignation, removal
from the city, or otherwise, the city council shall elect by bal-
lot a qualified person to fill {he vacancy for the unexpired term
of the councilman thus vacating. The city council shall clect 1
one of its members to act as recorder, who shall by virtue of
his office be a justice of the peace. and shall, in the abscnee 4
or inability of the mayor, preside at the meetings of the coun-
cil and perform the other functions and duties of mayor; and
when, from any cause, both mayor and recorder shall be ab-
sent, the council shall elect from its members a president pro
tempore, who shall preside over the council during such
absence. The minutes and records of the proceed mss of the
council shall be signed by the presiding officer. The mayor
shail have power to call a meeting of the council whenever he
deems it necessary, and in case of his absence or Inability or
refusal, the council may be convened by the order, in writing.
of any three members of the council. The city council shall. F
by ordinance or resolution, fix the time for their regular meet- ”
ines, and may from time to tine change the same, and no busi-
ness shall be transacted at a special meeting except that for
which it 1s called, unless by ayreement of at least two-thirds of
the members composing said conncil,

15. Phe city council shall have authority to adopt such rules c
and appoint such officers, committees or clerks, as they may «
deem proper for the regulation of their proceedings, and for o
the convenient transaction of business; to compel the attend-
ance of absent membsrs; to punish its members for disorderly
behavior; and, by a vote of three-fourths of the whole council,
to expel a member for malfeasance or misfeasance in office.
They shall keep a minute-book, in which tbeir’clerk shall, in at
brief manner, pote the proceedings of the conncil, and shall
record said proceedings at large on the record-book, and keep
the sare properly indexed. The mectings of the council shall
be open, except when the public welfare shall require secrecy.

(6. A majority of the members of the council shall consti- ¢
tute a quortim for the transaction of business; but no ordi-
nance shali be passed, nor resolution adopted, having for its
object the appropriation or borrowing of money, except by the
concurrence of at least seven members; and upon the demand ¥
of any member, on the passage of any ordinance or resolution,
the yeas and nays svall be taken and entered on the record.
No vote or question decided at aregular meeting shall be recon- 1
sidered or rescinded at a special meeting, unless there be at, i:
least ten mombers present and seven of them shall concur.

17. The city council shall have, subject to the provisions of ¢ c
this act, the control and management of the fiscal and munici- ¢
ple affairs of the city, and of all property, real and personal, +
belonging to said city, and may make such ordinances, orders,
and by-laws relating to the same as they shall deem proper and
necessary, and they shall likewise have power to make such E
ordinances, orders, by-laws, and regulations as they may deem “
necessary to carry out the following powers, which are hereby
vested in them:

kL. To establish a market or markets in and for the said city, 2
and appoint proper officers therefor, prescribe the times and
places for holding the same, provide suitable buildings and

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erounds therefor, and to enforce such regulations as shall be
necessary and proper to prevent huckstering, forestalling or
segregating. .

II. To erect and provide, in or near the city, suitable work-
houses, houses of correction and reformation, and houses for
the reception and maintenance of the poor and destitute; and
they shall possess and exercise authority over all persons
within the limits of the city receiving or entitled tothe benefits
of the poor laws. appoint necessary officers and other persons
proper to be connected with the aforesaid institutions, and reg-
ulate pauperism within the limits of the city; and the council,
through the agency they shall appoimt fer the direction and man-
agement of the poor of the city, shall exercise the powers and
perform the duties vested by law in overseers of the poor.

ILL. To erect and keep in order all public buildings neces-
sary or proper for said city, to erect within the city a prison,
and said prison shall contain such apartments as shall be neces-
sary for the safe keeping and employment of all persons con-
fined therein.

IV. To establish or enlarge water-works. wells, pumps, and
gas-works, within or without the limits of the city, to contract
and agree with the owners of any land for the use and pur-
chase thereof, or have the same condenmed, according to law,
for the location, extension or enlargement of their said works,
the pipes connected therewith, or any of the fixtures or appur-
tenances thereof, and shall have power to protect from injury,
by ordinance prescribing adequate penalties, the said works,
pipes, fixtures, lamps, lamp-posts, and land, or anything con-
nected therewith, whether within or without the limits of said
city.

V. To close or extend, widen or narrow, lay out, crade. curb,
and pave, and otherwise improve streets, sidewalks and public
alleys in the city, and have them kept in good order and pro-
perly Lekted, and over any strect or alley in the city which has
been or may be ceded or conveyed to the city by proper deed,
cession or conveyance, they shall have like power and authori y
as over other streets and alleys; they may build bridges in and
culverts under said streets, and may prevent or remove any
structure, obstruction or encroachment over or ander or in any
street, sidewalk or alley in said city, and may permit shade
trees to be planted along said streets, but no person or com-
pany shall oceupy with his or its works, or any appurtenances
thereof, the streets, sidewalks or alleys of the city, without the
consent of the council duly entered upon its record. In the
meantime no order shall be made, and no injuction shall be
awarded by any court or judge to stay the proceedings of the
city in the prosecution of their works, unless it be manifest
that they, their officer, agents or servants, are transcending the
authority 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.

VI. To prevent the cumbering of streets, sidewalks, alleys,
lanes or bridges in the city in any manner whatever.
VII. To determine and designate the route and grade of any
railroad to be laid in said city, and to restrain and regulate the
rate of speed of locomotives, engines and cars upon the rail-
roads within the said city, and may wholly exclude said engines
or cars if they please: provided that no contract be thereby
violated.

VIII. To make provisions for and regulating the weighing or
measuring hay, fodder, oats, shucks, or other long forage ; corn,
oats, grain, coal, stone, wood, lumber, boards, potatoes, and
other articles for sale or barter.

IX. To require every merchant, retailer, trader and dealer
in merchandise, or property of any description, which is soid
by measure or weight, to cause their measures and weights to
be sealed by the city sealer, and to be subject to his inspec-
tion, and may impose pena ties for any violation of any such
ordinances.

X. To secure the inhabitants from contagious, infectious or
other dangerous diseases; to establish, erect and regulate hos-
pitals ; to provide for and foree the removal of patients to said
hospitals; to appoinS and organize a board of health for said
city, with the authority necessary for the prompt and efficient
performance of its duties.

XT. To require and compel the abatement and removal of
all nuisances within the said city at the expense of the person
or persons causing the same, or the owner or owners of the
eround whereon the same shall be; to prevent and reculate
slaughter-houses and soap and candile-factories, within said
city, or the exercise of any dangerous, offensive or unhealthy
business, trade or employment therein, and to regulate the
transportation of coal and other articles through the streets of
said city, and to provide for the proper cleaning and police of
the city, and the removal of garbage, night soil, et cetera, and
to this end to appoint the proper officer.

XII. I? any ground in the said city shall be subject to be
covered with stagnant water, or if the owner or owners of the
ground or occupiers thereof shall permit any offensive or un-
wholesome substance to remain or accumulate therein, the coun-
cil may cause such grounds to be filled up, raised or drained,
or may cause such substance to be covered, or to be removed
therefrom, 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 same manner in which taxes Jevied upon real
estate for the benefit of said city are authorized to be collected :
provided that reasonable notice shall first be given to 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 four weeks in any newspaper printed in said city.

XITI. To direct the location of all buildings for storing gun-
powder and other combustible substances, and to regulate the
sale and use of gunpowder, fire-crackers, or fire-works manu-
factured or prepared therefrom, kerosene oil, nitro-glycerine,
camphene, burning fluid, or other combustible material; to reg-
ulate the exhibition of fire-works, the discharge of fire-arms,
the use of candles and lights in barns, stables and buildings,
and to restrain the making of bonfires in streets and yards.

AIV. To prevent hogs, dogs, and other animals from running
at large in said city, and may subject the same to such conlis-
cations, regulations and taxes as they may deem proper.

XV. To prevent the riding or driving of horses or animals
at an improper speed, throwing stones, or the cngaging in any
employment or sports on the streets, sidewalks or public alleys,
dangerous or annoying to passengers, and to prohibit and.
punish the abuse or cruel treatment of horses or other animals
in said city.

XVI. To restrain and punish Crunkards, vagrants and street
beggars; to prevent vice and immorality; to preserve public
peace and good order: to prevent anc quell riots, disturbances,
and disorderly assemblages; to suppress houses of il-fame
and gambling houses; to prevent and punish lewd, indecent
and disorderly conduct or exhibitions in said city, and to expel
therefrom persons guilty of such conduct who have not resided
therein as much as one year.

XVI. To preven‘, forbid and punish the selling or giving of
liquors and intoxicating (rinks to be drunk in any place not
duly licensed: and the selling or giving, to be drunk. any
intoxicating liquor to any child or minor, ‘without the consent,
In writing, of his or her narents or guardian, and for any viola-
tion of any such ordinance, may tnpose fines in addition to
those prescribed by the laws of the state.

XVIII. ‘To prevent the coming into the city of persons having
no ostensible means of support. and of persons who may be
dangerous to the peace and salety of the cify, and for this pur-
pose may require any railroad company or stage company >ring-
ing such persons to said city, to enter into bond, with satis. ac-
tory security, that said person shall not become chargeable to
the eity for the period of one year thereafter, or may require
and compel such company to take them back from whence they
came, and compel said persons to leave the city: provide t, that
such order to leaye be issued within thirty days after their ar-
rival.

XIX. To organize chain-zangs and provide for the manage-
ment and working of the same.

XX. To lay off public grounds, and provide and take care of
vublic buildings, grounds and cenicteries, and to establish proper
regulations for the management of such cemeteries and charges
for use or sale of lots therein for the purpose of providiny for
the decent maintenance of the same.

18. Where, by the provisious of this act, the council have
authority to pass ordinances on any subject, they may prescribe
any penalty, nut exceeding one hundred dollars, for a violation
thereof, and may previde that the offender, on failing to pay
the penalty recovered, shall be imprisoned in the jail of said
city for any term not exceeding ninety days, which penalties
may be prosecuted and recovered, with costs, in the name of
the city of Fredericksburg; and the city council may subject
the parent or gnardian of any minor, or the mistress or master
of any apprentice to any such penalty for any such offence
cominitted by such minor or apprentice.

19. No ordinances hereafter passed by said councs] for the
violation of whieh any penalty is imposed, shall take effect
until the same shall have been published in one or more of the
city newspapers, and also by hand-bills; such band-bills shall
be posted in at least ten public places tn each ward of the city ;
a certificate of such posting shall be filed by the sergeant in
the clerk’s office of said council, and ail laws, regulations and
ordinances of said council, certified by their clerk, inay be read
in evidence in all courts of justice, and in all proceedings be-
fore any officer, body or board in which it shall be necessary to
refer thereto.

20. The c.ty conncil shall not take or use any private pro-
perty for streets er other public purposes without making the
owner thereol just compensation for the same; but in cases
where the council cannot, by agreement. obtain title to the
ground for such purposes, it shall bo lawful for said couneil to
apply to and obtain from the circuit or county court of Spot-
sylvania county, or from the judge of the circuit or corporation
eourt of Fredericksburg, if the land is situated within the ter-
ritorial inrisdiction of the said last-mentioned courts, for
authority to condemn the same, which shall be applied for and
procecdod with according to law.

21. iInevery case where a street in said city has been or shall
be encroached upon by any fenee, building, or otherwise, the
council may require the owner, if known, or if unknown the
occupants of the premises encroaching to remove the same,
and if such removal be not made within the time prescribed by
the couneil, they may impose a penalty not exceeding five dol-
lars for each an every day it is allowed to cuntinue thereafter,
and may cause the encroachment to be removed, and collect
from the owner all reasonable charges therefor, with costs, by
the same provess that they are hereafter empowered to collect
taxes. (No eneroschment upon any street, however long con-
tinued, shall constitute an adverse possession to or confer any
richts upon the persons claiming thereunder as against the said
cily.

22. Whenever any street, alley or lang in said city shall have
been opened to and used as such by the public for the period
of five years, the same shail thereby become a street, alley or
Jane for public purposes, and the council shall have the same
authority and jurisdiction over and right and interest therein
as they have by law over the streets, alleys and lanes laid out
by them; 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 said city by a plan or plat of record, shall
be deemed and held to be dedicated to publie use, unless it
appears by said record that the street or alley so reserved is
designed for private use; but upon a petition of a majority of
the persons interested thereig, the council shall have power to
open the same for the use of the public.

e474
23. Whenever any new street shall be laid out, a street graded
or paved. a culvert builf, or any other public improvements
whatsoever made, the council shall determine what portion, if
any, of the expenses thereof shall be paid out of the city trea-
sury, and what portion by the owners of real estate benefited
thereby, or may order and direct that the whole expense be
assessed upon the owners of real estate benefited thereby.
But no such public improvements 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
property to be assessed for such improvements, or unless at
least three-fourths of all the council shall concur in voting any
improvements to be expedient, or in determining to make the
same after allegations have been heard, in which case no peti-
tion or request shall be neccessary. ‘The council shall have the
same power to collect such local assessments for improvements
as are hereafter vested in them for the collection of taxes.

24. The city council shall grant and pay or provide for com-
pensation to all cify officers, clerk and assistants elected or
appointed under or in pursuance of this act, such salaries or
compensation as the said council may from time to time deem
just and proper, or shalt be fixerl by this act.

20. 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
shalt allow, deliver over to his successor in office all property,
bocks and papers belonging to the city or appertaining fo such
office in his possession or under his control, he shall forfeit and
pay to the city the sum of five hundred dollars, to be sued for
and recovered, with costs; and all books, records and docu-
ments used in any such office by virtue of any provisions of
this act, or of any ordinance or order of the city council, or
any superior officer of said city, shall be deemed the property
of said city and appertain to said office, and the chef officer
thereof shall be responsible therefor.

City officers.

26. There shall be one city treasurer, one city collector, one
police justice, one attorney for the commonwealth, one sergeant,
one commissioner of the revenue, six justices of the peace, and
one clerk for the city council,

27, The city council may appoint. in addition to those here-
in provided for, such officers and clerks as they may deem pro-
per and necessary, and define their powers and prescribe their
duties and fix their coinpensation, and may take from any officer
so appointed a bond, with sureties, to be approved by the coun-
cil, in such penalty as they may deem proper, payable to the
city by its corporate name, with conditions for the faithful dis-
charge of said duties. All officers appointed by the council
may be removed from office af the pleasure of the council. In
case of any vacancies occurring in any municipal office where
it is not herein otherwise provided, the city council shall elect
a qualified person to fill sueh office during the unexpired term.

28. There shall be electe by the qualified voters of the city
of Fredericksburg, on the fourth Thursday in May, in every
third year after the year eighteen hundred and seventy-seven,
one city treasurer, who shall hold his office for the term of threc
years, and until bis successor be elected and qualified, unless
sooner removed from office. He shall qualify as required by
law, and give bond, with surety, not less in any case than dou-
ble the amount that wil probably be received by said treasurer.
as treasurer of the city.

29, The said treasurer shall reeeive all money belonging tc
the city in the manner prescribed by this charter, or by the or-
dinances of said city council. and shail keep his office in some
convenient place in the city. Ue shall keep his books and ac-
counts in such manner as the city council may preseribe, and
such books and accounts shall always be subjeet to the inspec-
tion of the mayor and any member of the city council, or any
committee or committess thereo’

30. No money shall be paid out by the treasurer except in
such manner as may be prescribed by the city council.

31. The eity treasurer shail alse report to the city council
at the end of each fiscal year. and oftener if required, a full anc
detailed account of all receipts and expenditures during the
preceding fiscal year, and the state of the treasury. He shall
also keep a resister of all warrants, their date, amounts, num-
ber, the fund from wuich paid, and the person to whom paid,
speciiying also the time of payments, and all such warrants
shall be examined at the time of making sult report to the
city council by a conmittee thereof, who shall examine and
compare the same with the books of the clerk of the city coun-
cil, and report discrepancies, if any. to the city council.

52. All inoneys reecived for any special assessment shall be
held by the city treasurer as a special fund, to be applied to the
payment for which the assessment was made, and sail money
shall be used for no other purpose whatsoever.

30. The city treasurer may be require to keep ail moneys in
his hands belonging to tue eity in such place or places of de-
posit as the city council may bs ordinance provide, order, es-
tablish or direct. Sueh moneys shall be kept separate and dis.
tinct from his own moneys, and heis hereby expressly prohibited
from using, cither directly or indirectly, the corporation money or
warrants in his enstody or keeping, for his own use and benefit,
or that of any person or persons whomsoever, and any vicla-
tion of this provision shall subject him to immediate removal
from office. In case of his removal the eity council shall elect
4, qualified person to fill sail office until the next general elec-
tion which may be held in the city, when the qualited voters of
sad city shall, as in other cases. fill such vacancy by an elec-
tion of a successor, who shall hold his office for the remainder,
if any, of the unexpired term of the officer removed. The trea-
surer shall receive such compensation as the city council may
from time to time deem just and proper.
34. There shall be a clerk of the council appointed by the
city council, who shall bold his office for two years, and until
his successor shall be appointed and qualify, unless sooner re-
moved from office by the city council.

3a. he said clerk shall attend the meetings of the city coun-
cil and keep a record of its proceedings. He shall have the
custody of the corporate seal; he shall keep all papers that, by
the provis‘ons of this act, or the direction of the city council,
are required to be filed with or kept by him. It shall also be
his duty, immediately after the clos? of each session of the said
council, to make and present to the mayor a transcript of every
ordinance, resolution or order concerning any publie improve-
ment, or for the payment of any money, and every ordinance,
resolution, order and act of a legislative character passed by the
city councilat such session, He shall in like manner transmit to
the city treasurer a transcript of all ordinances, resolutions or
orders appropriating money er authorizing the payment of
money. He shall in like manner give notice to all parties pre-
senting communications or petitions to the city couneil of the
final action of the council on sneh communications or petitions.
Ife shall publish such reports and ordinances as the ety coan-
cil are required by this act to publish, and such other r-ports
and ordinances as they may direct, and shall in eeneral per-
form such other acts and duties as the city council may from
time to time require of him.

36. The city collector shall be chosen by the conncil by bal-
lot. He shall hold his office fer two years from the first day of
July of the year in which he is chosen, and until his suecessor
shall be chosen and qualify, uniess sooner removed. ‘The first
election for city collector under this act shall be held in July,
eighteen hundred and seventy-nine. Ile shall collect all taxes,
levies and assessments made by the council, and shall turn
over the same to the city treasurer at such times and in such
manner as shall be prescribed by the council, and shall perform
such other duties as may be herein prescribed or required of
him by the said council, and shall receive such compensation as
may be determined by said council. He shall have power to
collect taxes, levies and assessments by distress or otherwise,
in the same manner that state taxes, levies and asscssments are
authorized to be collected. Before entering upon the duties of
his office he shall qualify in the manner prescribed for the qual-
ification of other officers of the corporation, and give bond in
such penalty as may be prescribed by the council, payable to
the city of Frecericksburg, with surety to be approved by the
said council, with condition for the faithful discharge of his
duties.

37. The police justice shall be chosen by the city council by
ballot from the justices elected for the ensuing term, or other
qualified residents of the said city. He shall hold his office for
two years from the first day of July of the year in which he is
chosen, and until his successor shall have been chosen and
qualify, unless sooner removed. He shall, by virtue of his
office, be a justice of the peace, and have such powers and juris-
diction as shall be conferred upon him by the said council not
in confiict with the constitution or laws of the state of Virginia,
or the United States. He shall receive for his services such
salary, not exceeding one hundred and fifty dollars per annum,
and the jees of his office for special services, as may be fixed
by the said council. The first election of police justice under
this act shall be in July, eighteen hundred and eighty.

8. There shall be elected by the qualified voters of the eity
on the fourth Thursday in May, in every sixth year after the
year eighteen hundred and seventy, one clerk of the corpora-
tion court for the city of Fredericksburg, who shall serve for
the period of six years, and until his successor be elected and
qualify. Ile shail receive, in compensation for his services, the
fees and emoluments allowed by law to clerks, and such allow-
ance as the corporation court may from time to time deem just
and proper.

39. There shall be elected by the qualified voters of the said
city on the fourth Thursday in May, eighteen hundred and
eighty, and on the fourth Thursday in May in every second year
thereafter, one commonwealth’s attorney, who shall prosecute
in all esses in the corporation court of the city of Fredericks-
burg, and the cireuit court of said city. He shail hold his
office for the term of two years, and until bis successor be
eee and qualify, unless sooner removed, and shali receive

uch compensation for his services as may be prescribed by law,
and such salary as may be fixed by the city council.

40. There shall be elected of the qualified voters of the city
of Fredericksburg, on the fourth Thursday in May, eighteen
hundred and eighty, and on the fourth Thursday in May in
every fourth year thereafter, one commissioner of the revenue,
who shall hold his office for the period of four years, and until
his successor be elected and qualify, unless sooner removed
from office. In case a vacancy shall occur in the office of
commissioner of the revenue, the city council shall elect a quali-
fied perscn to fill said office, until the next general election
which may be held in the city, when the vacancy shali be filled
by election for the unexpired term.

41, The commissioner of the revenue shall perform all the
duties in relation to the assessment of property for the pur-
pose of levying the city taxes that may be ordered by the
city council. He shall keep his office in some convenient place
in the said city, and shall keep therein such books, schedules
and records, and in such manner as the city council may direct
and prescribe, which books, records and other papers shall be
subject to the inspection and examination of the mayor, the
members of the city council, or any committee or committees
thereof, and the collector of taxes.

42. To aid the commissioner of the revenue in his duties,
the clerk of the corporation court of the city of Fredericks-
burg, as required, shall deliver to him such lists as are men-
tioned in the sixteenth and seventeenth sections of the thirty-
third chapter of the Code of Virginia of eighteen hundred and
seventy-three, as far as may relate to the land in said city. He
shall receive for his services the fees allowed by law, and such
other compensation as the city council may from time to time
airect.

43. There shall be elected by the qualified voters of the city
of Fredericksburg, on the fourth Thursday in May, eighteen
hundred and eighty, and on the fourth Thursday in May in every
second year thereafter, one city sergeant, who shall attend the
terms of the corporation court and of the cireuit court of the
said city, and act as the officer thereof, and shall perform such
other duties as may be prescribed and ordained by said council,
and shall receive such compensation therefor as the council may
determine.

44. There shall be elected by the qualified voters of the
city of Fredericksburg, on the fourth Thursday in May, eigh-
teen hundred and seventy-nine, and on the fourth Thursday in
May in every year thereafter, three justices of the peace for
each ward of said city, who shall be residents of their respect-
ive wards, and shall hold office for the term of one year, and
nntil their successors be elected and qualify, anless sooner
removed from office. The said justices of the peace shall be
conservators of the peace within tle limits of the corporation
of Fredericksburg, and sball have the same powers and duties
within the said limite, and receive for their services such fees
as are provided by. law in respect to justices of the peace in
the counties of this state in their respective counties.

45. The number and pay of the policemen for said city shall
be fixed by the said council, but they shall be appointed by the
said police board, shall held their dffices for one year from the
first day of July, in the year in which they are appointed, un-
less sooner removed, and for good cause may be removed by
the said board. which shall report such removal, with the reasons
therefor, to the council at their next meetipe succeeding the
same for approval.

Fincuces,

45. For the execution of its powers and duties, and for the pay-
ment of the interest on the present bonded debt of the corporation
ot Fredericksburg, and providing a sinking fund for the liquida-
tion of said debt, the city coune¢il may raise annually, by taxes
and assessments in said city. on all subjects taxed by the state
and such other subjects as they may deem expedient, sach
sums as they shall deem necessary for the purposes named, and
in such manner as they shall deem expedient, so as not to be
in conflict with the laws of this state or of the United States.

47. The city council may, in the name of and for the use of
the city council, contract loans to meet temporary deficiencies
which may arise from year to year; which said loans shall be
provided for and paid out of the revenues of the year succeed-
ing that in which the deficiency ocenrs. But there shall be no
increase of the bonded debt of said city beyond what is now
authorized by existing statutes; and all debts incurred by said
city. except for temporary deficiencies as aforesaid, shall be
provided for as soon as incurred by a special tax; end no
appropriation, exceeding two hundred and fifty dollars, which
shall not have been made by the general tax and appropriation
ordinance, shall be made by the council, unless notice of in-
tention to apply for such appropriation be given to the council
at least one regular council meeting before the meeting at
which the application is made, nor unless at least two-thirds of
the councilmen elected or appointed shall concur therein.

48. The city council may levy a tax on water and gas, on
licinses to agents of insurance companies (whose principal
office is not located in said city), to auctioneers, to public
theatricals or other performances or shows, to keepers of bil-
liard tables and ten-pin alleys, to hawkers and pedlers, to
agents for the renting or selling of real estate, to commission
merchants, and any other business for which a license may he
required by the state, or which may be deemed proper by said
council, so as not to be in conflict with the laws of this state or
of the United States.

49. Any payment of taxes made by the tenant, unless under
an express contract contained in his lease, shall be a eredit
against the person to whom he owes the rent; and when any
tax is paid by a fidneiary on the interests or profits of money
of an estate invested under an order of court or otherwise, the
taxes so paid shall be refunded out of such estate.

50. The council may grant or refuse licenses to owners or
keepers of wagons, drays, carts, hacks, and other wheeled car-
riages 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 assess and
require taxes to be paid thereon, and subject the same to such
regulations as they may deem proper, and may prescribe their
fees and compensation.

51. 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 and chattels shall pre-
vent 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.

52. ‘There shall be a lien on real estate for the city taxes as
assessed thereon from the commencement of the year from
which they were assessed, The 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 ten per
cenium per annum, and such per centum as the council may
prescribe for charges. Such real estate shall be sold, and may
be redeenied in the manner provided by law.

53. The treasurer shall, under the direction of the city coun-
cil, cause a notice of the time and place of such sale to be pub-
lished in at least one newspaper published in said city at least
ten days previous to such sale, and in such manner as may be
prescribed by the city council; and he shall also cause to be
published in one of the newspapers published in said city, on
some day, not more than twenty days nor less than ten days
previous to such sale, a list of the several parcels of real estate
to be sold, describing therein such parcel of real estate in the
same manner as the same 18 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.

54. If such tax or assessment, and the percentage, interest
and expenses aforesaid be not paid previous to the day for
which the said sale was advertised, or on some day immediately
thereafter to which said sale may be adjourned, the treasurer
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 treasurer
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 speci-
fied ; but the said treasurer shall not for himself, either directly
or indirectly, purchase any real estate so sold.

55. 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 as-
sessment, with interest and charges. then the same shall be
struck off to the city. On such sale the treasurer shail 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 deposit such
certificate with the clerk of the council.

56. The owner of any real estate so sold, his heirs or assigns,
or any person having aright to charge such real estate for a
debt, may redeem the same by paying to the purchaser, bis
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 additional 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 ten per centum 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 Fredericksburg.

57. 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 clisability,
the amount for which the same was so sold, with the necessary
charges incurred by the purchaser, his heirs or assigns, in ob-
taining 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 any improvements that
may have been made thereon, with interest on said items at
the rate of ten per centum per annum, from the time the same
may have been paid. -Upon such payment, within two years
after the removal of said disability, the purchaser, his heirs
or assigns shall, at the costs of the original owner, his heirs
or assigns, convey to him or them, by deed with special war-
ranty, the real estate so sold,

58. 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 treasurer 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 court of said city to order
the city treasurer to execute a deed to such heirs or assigns.

59. 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
crantee in such deed as was vested in. the party assessed with
such 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 grantce claims title, unless such irregularitv appear on
the face of the proceedings. Andif it be alleged that the taxes,
for the non-payment of which the sale was made, were not in
arrears, the party making such allegation must establish the
truth thereof by proving that the taxes were paid,

60. In case that any eal estate struck off to the city, as here-
inbefore provided, shall not be redeemed within the time specified,
the city treasurer shall, within sixty days after the expiration
of two years from the sale, cause to be recorded such certificate
of sale, with his oath that the same has not been redeemed, and
thereupon the said corporation, or their assignees, shall acquire
an absolute title to the same in fee. The said certificate may he
acknowledged or proved, and recorded in the same manner that
deeds are recorded, and the said certificate, or the 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.

61. The city council may organize and maintain a fire depart-
ment for the city, and appoint a chief engineer, assistant, and
other officers, with any or all the powers which have been or
may be vested by law in such officers, and make rules and reg-
ulations for the government of the officers and men of said
department; may prescribe their respective duties im case of
fire or alarms of fire; may fix their pay and impose reasonable
fines for the breach of such regulations, and may make such
ordinances as they may deem proper to extinguish and prevent
fires, to prevent property from being stolen, and to require
citizens to render assistance to the fire department in case of
need.
62. For the purpose of guarding against the calamities of
fire, the city council may from time to time designate such por-
tions or parts of the city, as they may deem proper, within which
no buildings of wood shail be erected. They may prohibit the
erection of wooden buildings in any portion of the city without
their permission, and shail, on the petition of the owner or
owners of at least one-fourth of the ground included in any
square of the city, prohibit their crection on such square of any
buildings, or addition to any building, unless the outer walls
thereof be made of brick and mortar, or stone and mortar; and
may provide for the removal of any such building or addition
which shall be erected contrary to such prohibition, at the ex-
pense of the builder or owner thereof, and if any such building
shall have been commenced before said petition can be acted
on by the council, or if any building in progress of erection
appears clearly to be unsafe, the council may cause such build-
ing to be taken down.

63. The council shall, by ordinance, provide for any irregu-
lar election not herein provided for, and appoint the necessary
officers to conduct the same,

64. The enumeration of certain powers to be exercised by
the municipal authorities of said city, shall not be construed
as restricting or prohibiting the exercise of other usual police
powers enjoved by eities of this commonwealth.

65. The jurisdiction of the circuit and corporation courts of
the city of Fredericksburg, and of the police justice and other
justices thereof, as now regulated and defined by law, or as
hereaiter provided, shall extend to the distance of one mile
beyond the corporate limits of said city, as herein declared or
hereafter established, on the south side of the Rappahannock
river, aud to low-water mark on the north side of said river
opposite said city ; and process may be executed by the officers
of said city within the limits of said jurisdiction.

66. Appeals may be taken from the decisions of the said
corporation court to said circuit court, and writs of error and
supersedeas granted from the said circuit court to the decisions
of said corporation court, in all cases upon the same terms and
conditions, except as to amount involved, that such proceed-
Ings are or may be taken from the decisions of the circuit
courts to the supreme court of appeals, or from the county
courts to the circuit courts of the commonwealth, by the general
laws regulating appellate proceedings.

67. Appeals may be taken in the manner and upon the terms
provided by law for appeals from decisions of justices of the
peace, from any decision of the police justice or of any justice
of the peace of said corporation to the said corporation court,
except where the matter in controvesy is only pecuniary and
does not involve ten dollars exclusive of interest and costs.

68. All ordinances of said city existing at the time this act
is approved, and not in conflict with the provisions hereof, shall
contiue in force until repealed by said council.
69. In order that the question of the adoption or rejection
of said charter be submitted to the people of the city of Fred-
ericksburg, it shall be the duty of the several officers conduct-
ing the inunicipal election to be held in said city in Mey next,
for officers to be elected af thal time, to prepare a separate bal-
lot-box for cach voting precinet, in which shall be deposited
the ballots of the then” qualified voters who shall desire to vote
on the question. ‘he said ballots shall be respectively as fol-
lows: «ior the charter ;” “Against the charter.’ The man-
ner of receiving and canvassing the ballots cast at said election
for the charter, and the making returns and abstracts of the
result thereof shall conform in all respects to the regulations
prescribed by the general election laws of this state. The per-
sons conducting the election at the different places of voting,
shall certify the number of votes cast fer the charter, and
the number of votes cast against it, to the mayor then in
office, whe shall lay the same before the council of said
city at its first meeting thereafter; and if it shall appear from
the returns and abstracts of votes so returned that a majorly
of the qualified voters voting are in favor of the Inw, it shall
be the duty of said econncil so to deelare and make record
thereof; whereupon the government of said city shall be in
secordance with the provisions of said charter, and all acts of
assembly prior to that time in force and ordinances of said
city inconsistent with the provisions of said charter shall there-
upon be null and void; and if it shall appear that a majority
of qualified yoters voting are opposed to said charcer, said
council shall so declare and record, and the government of said
city shall continue in accordance with the charter and laws
theretofore in force.

70. All acts and parts of acts providing for the charter of
said corporation, or amcnding the same, heretofore passed, are
hereby repealed.

71. This act shall be in foree from its passage,