Chap. 269.—An ACT to provide a new charter for the city of Ports-
mouth, and to repeal all acts in conflict therewith.

Approved March 6, 1882.

CHAPTER I.
Elections, &c.

1. Be it enacted by the general assembly, That the terri-
tory contained within the limits of the city of Portsmouth,
prescribed by the sundry acts of the general assembly here-
tofore passed, shall be deemed and taken as the city of Ports-
mouth; and al] the inhabitants within the said limits, and
their successors, shall be and they are hereby made a body

olitic and corporate, by the name and 8tyle of The City of

ortsmouth; and as such, and by that name, may contract
and be contracted with, sue and be sued, plead and be im-
pleaded, answer and be answered unto, and may purchase,
take, receive, hold, and use goods and chattels, land and ten-
ements, and choses in action, or any interest, right, or estate
therein, either for the proper use of said city, or in trust for
the benefit of any persons or associations therein; and the
same may grant, sell, convey, transfer, and assign, let, pledge,
mortgage, charge, and encumber in any case, and in any
manner, in which it would be lawful for an individual to do,
and may have and use a common seal, and alter and renew
the same at pleasure, and generally shall have all the rights,
franchises, capacities, and powers appertaining to municipal
corporations in this commonwealth. Said city and its inhabi-
tants shall be exempt from all assessments of levies in the way
of taxes imposed by the board of supervisors of Norfolk county,
orany other authorities whatever in said county, for any pur-
pose whatever, except upon property in the said county of
Norfolk, owned by the inhabitants of said city; nor shall
said inhabitants be liable to serve upon juries in said county.

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

3. The election of members of the council shall be held on
the fourth Thursday of May, eighteen hundred and eighty-
three, and every two years thereafter. The election of mayor
shall be held on the fourth Thursday in May, eighteen -hun-
dred and eighty-two, and every two years thereafter. The
election of city treasurer shall be held on the fourth Thursday
in May, eighteen hundred and eighty-two, and every three
years thereafter. The election of the commissioner of the
revenue shall be held on the fourth Thursday in May, eigh-
teen hundred and eighty-four, and every four years there-
after. The election of city surveyor shall be held on the
fourth Thursday in May, eighteen hundred and eighty-four,
and every six years thereafter. The election of city auditor
shall be held on the fourth Thursday in May, eighteen hun-
dred and eighty-five, and every three years thereafter. And
the election of all other municipal or city officers hereinafter
mentioned, shall take place on the fourth Thursday in May,
eighteen hundred and eighty-three, and every two years
thereafter; and the officers so elected shall enter upon the
discharge of their duties upon the first day of July succeed-
ing their election; and whenever two or more persons are to
be elected to the same office, the several persons, to the num-
ber required to be chosen, having the highest number of
votes. shall be declared elected.

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

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

6. The mayor and the members of the city council, before
entering upon the duties of their respective offices, shall be
respectively sworn in, in accordance with the laws of this
state. Such oaths may be administered to the mayor elect
by any judge of a court of record, commissioned to hold any
such court within the said city, either in term or in vaca-
tion; and the members of tho city council by the mayor,
being himself first sworn as aforesaid, or by any judge of
any court of record as aforesaid; and a certificate of such
oaths baving 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 any law or ordinance of the city council, shall,
before be enters upon the duties of said office, take and sub-
scribe 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. IRSfany
person elected or appointed to any office in said city shall
nevlect to take such oath for thirty days, after receiving
notice of his election or appointment, or shall neglect, for the
like space of time, to give bond with securities as may be
required of him by this act, or by the city council, as berein-
after provided, or as may be hereafter required by any law
or ordinance, he shall be considered as baving declined such
office, and the same shall be deemed vacant; and whenever
such vacancy shall occur, another election shall be ordered,
or another appointment made, according to the directions of
this act.

CHAPTER II.
Mayor.

7. The mayor shall be elected by the qualified voters of the
city of Portsmouth, for the term of two years, and until his
successor shall be elected and qualified; and no person shal]
be qualified to hold the office of mayor, except such as shal
be qualified to hold office under the constitution of this state

8. He shall, by virtue of his office, possess all the powers
and authority, in civil and criminal cases, of a justice of the
peace of the said city, in addition to the powers hereby givey
to him by virtue of this act, or that may hereafter be vivey
to him by virtue of any other act of assembly; but he sha]
receive no fees for his services as such justice of the peace
9. It shall be his duty, when required by the city council,
to report to the said council, a statement of the situation and
condition of the city, in relation to its government, and all
matters coming under his control. He shall see that the
ordinances of the city council are faithfully executed, and that
all offenders or violators of such ordinances are punished as
directed by said ordinances.

10. He shall exercise a constant supervision over, and shall
see that the duties of the various city officers are faithfully
perlormed. He shall have power to investigate their acts,

ave access to all books and documents in their offices, and
may examine them and their subordinates on oath; the evi-
dence given by persons so examined, shall not be used against
them in any criminal proceedings. He shall also have power
to suspend or remove such officers, whether they be elected
or appointed, for misconduct in office, or neglect of duty, to
be specified in the order of suspension or removal; but no
such removal shall be made without reasonable notice to the
oficer complained of, and an opportunity afforded him to be
heard in his defence. On the removal or suspension of such
officer or officers, the mayor shall report the same, with the
reasons therefor, to the city council, at their stated meeting.

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

CHAPTER III.
City Council.

12. The council of the city of Portsmouth shall be com-
sed of fifteen members, to be elected from the different
yards, as follows: Four from the first ward, four from the
econd ward, three from the third ward, and four from the
ourth ward. The councilmen chosen shall, at the time of
lection, and during their continuance in office, be residents
f the ward for which they are chosen. They shall be elec-
ed by the voters qualified to vote for councilmen, as herein-
efore provided, who are residents of the respective wards
or which such councilmen are chosen. The qualifications of
ny person or persons elected as councilmen, shall be adjudged
f by the whole number of councilmen elected, or a majority
f them.

13. In the case of any vacancy happening in the city
ouncil, by death, removal from the city, resignation, or other-
rise, the city council shall elect a qualified person to supply
he vacancy for the unexpired term.
14. The council shall elect one of its members to act as
president, who shall preside at its meetings, and continue in
office for the time for which said council was elected; and
when, from any cause, he shall be absent, they may appoint
a president pro tempore, who shall preside during the absence
of the president. The president, or the president pro tem-
pore, 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 convened by the order, in writing, of any
three members of the council.

15. The council shall have the authority to adopt such
rules as they may deem proper for the regulation of their
proceedings and for the convenient transaction of business;
to compel the attendance of absent members, to punish mem-
bers for disorderly behavior, and, by a vote of three-fourths
of all the members of the council, to expel a member for
malfeasance, misfeasance, or gross neglect of official duty.
They shall keep a journal of their proceedings, which shall,
at all times, be open to the inspection of any voter of said
city; and their meetings shall be open to the public, except
when the public welfare shall require secrecy.

16. A majority of the members of the council shall con-
stitute a quorum for the transaction of business, but on all
ordinances or resolutions appropriating money exceeding the
sum of five hundred dollars, imposing taxes, or authorizing
the borrowing or loaning of money, the yeas and nays shall
be entered on the journal. No vote shall be reconsidered or
rescinded at a special meeting unless at such special meeting
there be present as large a number of mémbers as were pre-
sent when such vote was taken.

17. The council shall have, subject to the provisions herein
contained, the control and management of the fiscal and
municipal affairs of the city, and of all property, real and
personal, belonging exclusively to said city, as now provided

y law, and may make such ordinances, orders, and by-laws
relating to the same, as it shall deem proper and necessary ;
but shall rent, seil, lease, or otherwise dispose of, no property
or franchise of the city without advertising the same, for at
least thirty days, in some newspaper of said city, or of the
city of Norfolk. They shall likewise have the power to
make such ordinances, by-laws, orders, and regulations, as
they may deem desirable to carry out the following powers,
which are hereby invested in them:

Markets.

I. To regulate the markets in and for said city ; to pre-
scribe the times and places for holding the same; keep in
order suitable buildings therefor; to adopt and enforce such
rules and ordinances respecting said markets as, in their
opinion, the convenience or interest of the inhabitants of said
city shall require, and to adopt such rules and ordinances as
may be necessary to regulate or prevent huckstering, fore-
stalling, and regrating.

Workhouse, Poorhouse, &c.

II. To erect or provide, in or near the city, suitable work-
houses, houses of correction or reformation, and houses for
the reception and maintenance of the poor and destitute.
They shall possess and exercise exclusive authority over all
persons within the limits of the said city, receiving or enti-
tled to the benefits of the poor laws, and to regulate pauper-
ism within the city; and the council, through the agencies
appointed for the direction and management of the poor of
the city, shall exercise the powers and perform the duties
vested by law in overseers of the poor.

Public Buildings.

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

City Prison.

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

Wharves and Docks.

V. To establish, contract, and keep in order, alter or
remove, landings, wharves, and docks, on lands belonging
exclusively to, or which may hereafter belong exclusively to,
said city, and to lay and collect a reasonable duty on vessels
coming to and using the same; to prevent and remove all
obstructions in and upon such landings, wharves, and docks ;
to preserve peace and good order upon the same, and upon
all other wharves and landings in said city.

Streets and Alleys.

VI. To close or extend, widen or narrow, lay out and grade,
pave, and otherwise improve streets and public alleys in the
city. and have them properly lighted and kept in good order;
and they shall have over any street or alley in the city,
which has been or may be ceded to-the city, like authority
as over other streets or alleys, to construct sewers, build
bridges in, and culverts under said streets, and may prevent
or remove any structure, obstruction, or encroachment over
or under, or in a street or alley, or any sidewalk thereof, and
may have shade trees planted along the said streets, and gen-
erally to ordain and enforce such regulations respecting the
same, or any of them, as shall be proper for the health, inter-
est, or convenience of the inhabitants of said city. In the
meantime, no order shall be made, and no injunction shall be
awarded, by any court or judge, to stay the proceedings of
the city in the prosecution of their work, unless it be mani-
fest that they, their officers. agents, or servants, are trans-
cending the authority given them by this act, and that the
interposition of the court is necessary to prevent injury that
cannot be adequately compensated in damages.

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

VITI. To regulate and prescribe the breadth of tires upon
the wheels, or wagons, carts, and vehicles of heavy draught,
used upon the streets of said city: provided, bowever, that
this section shall not apply to vehicles coming into and not
owned in said city.

Inspection.

IX. To provide for the gauging and inspection of oil, mo-
lasses, vinegar, and spirits of turpentine, and for the proper
weighing or admeasurement of hay, fodder, oats, shucks, or
other long forage, and for the measuring of corn, oats, grain,
coal, stone, wood, lumber, boards, potatoes, and other articles
for sale or barter in the city: provided no hay or other com-
modity once weighed within the state shall not be required
to be weighed or re-inspected.

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

Contagious Diseases.

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

Board of Health.

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

Burial Grounds.

XIII. To provide, in or near said city, lands to be appro
priated, improved, and kept in order as places for the buria
of the dead. and may charge for the use of ground in saic
place of burial, and may regulate the same; may regulat.
the burial of the dead in the burial grounds within the city
or prevent the same entirely.
XIV. To adopt and enforce such regulations as may be
necessary, under the usual system of quarantine, to prevent
vessels or boats, or persons infected with contagious or
infective diseases, from entering any port of the harbor
appertaining to said city.

Nuisances.

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

AVI. If any ground in the said city shall be subject to be
covered by stagnant water, or if the owner or owners,
occupier or occupiers thereof, shall permit any offensive or
unwholesome substance to remain or accumulate therein, the
council may cause such ground to be filled up, raised or
drained, or may cause such substance to be covered or
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 the same manner in which
taxes levied upon real estate forthe benefit of said city are
authorized to be collected: provided that reasonable notice
shall be first given to the said owners or their agents. In
case of non-resident owners, who have no agent in said city,
such notice may be given by publication for not less than two
weeks in any newspaper published in said city, or, where
there is none, in some published in the city of Norfolk.

XVII. To direct the location of all buildings for storing

gunpowder, or other combustible substances, and to regulate
the sale and use of gunpowder, or fire-crackers, or fireworks
prepared therefrom, kerosine oil, nitro-glycerine, camphene,
burning-fluid, or other combustible material; to regulate or
prevent the exhibition of fireworks, the discharge of firearms,
the use of candles or lights in barns, stables, and other build-
ings, and to restrain the making of bonfires in streets and
yards.
’ XVIII. To prevent hogs, dogs, and other animals from
running at large in the city, and may subject the same to
such confiscations, regulations, and taxes as they may deem
proper; and the council may prohibit the raising or keeping
of hogs in the city.

XIX. To prevent the riding or driving of horses, or other
animals, at an improper speed; to prevent the running of
steam engines at an improper speed within the limits of said
city, and to wholly exclude the said engines, if they please;
to prevent the flying of kites, throwing stones, or the enga-
ging in any employment or sports in the streets or public
alleys dangerous or annoying to the people; and to prohibit
and punish the abuse of animals.

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

XXI. To prevent vice and immorality; to make such regu-
lations as may be necessary to secure the inhabitants of said
city against thieves, robbers and burglars; to preserve the
public peace and good order of thecity; to prevent and quell
riots, disturbances and disorderly assemblages; to suppress
houses of ill-fame and gaming-houses; to prevent, suppress
and punish lewd, disorderly and indecent conduct or exhibi-
tions in the city, and to expel therefrom persons guilty of
such conduct who shall not have resided therein as much as
one year.

XXII. To forbid and prevent the vending or other disposi-
tion of liquors and intoxicating drinks to be drunk in any
boat, store or other place not duly licensed, and to forbid the
selling or giving, to be drunk, any intoxicating liquors to any
child or young person without the consent of his or her
parent or guardian; and for any violation of any such ordi-
nance may impose fines in addition to those prescribed by the
laws of the state.

XXITT. To prevent the coming into the city from beyond
the limits of the state of persons who may be dangerous to
the peace and safety of the city, or of persons having no
ostensible means of support; and for this purpose may re-
quire and compel any railroad company, or the captain or
master of any steamboat or vessel bringing such persons to
the city, to take them back from whence they came, and
compel the persons to leave the city, if they have not been
in the city more than twenty days before the order is given.

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

18. Where by the provisions of this act the city council
has authority to pass ordinances on any subject, they ma
prescribe any penalty, not exceeding five hundred dollars,
(except where a penalty is herein otherwise provided for,)
for a violation thereof, and may provide that the offender, on
failing to pay the penalty recovered, shall be imprisoned in
the jail of said city for any term not exceeding six calendar
months; which penalties may be prosecuted and recovered
with costs in the name of the city of Portsmouth.

19. No ordinance hereafter passed by the city council, for
the violation of which any penalty is imposed, shall take
effect until the same shall have been published for five days
successively, in one or more of the daily newspapers pub.
lished in said city, or the city of Norfolk, or by posters ir
said city, to be designated by the said council; a record o:
entry made by the clerk of said city, or a copy of such record
or entry, duly certified by him, shall be prima facie evidence
of the time of such first publication; and all laws, regula-
tions, and ordinances of the city council may be read in evi-
dence in all courts of justice, and in all proceedings before
any officer, body, or board in which it shall be necessary to
refer thereto, either from a copy thereof, certified by the
clerk of said city, or from the volume of ordinances printed
by the authority of the city council.

20. The council shall not take or use any private property
for streets or other public purposes without making to the
owner or owners thereof just compensation for the same.
But in all cases when the said city cannot, by agreement,
obtain title to the ground necessary for such purposes, it
shall be lawful for the said city to apply to and obtain from
the circuit or county court of the county in which the land
shall be situated, or to the proper court of the city having
jurisdiction of such matters (if the subject lies within this
city), for authority to condemn the same; which shall be
applied for and proceeded with as provided by law.

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

22. Whenever any street, alley, or lane shall have been
opened to and used as such by the public for the period of five
years, the same shall thereby become a street, alley, or lane
for all purposes, and the city shall have the same authority
and jurisdiction over, and right and interest therein, as they
have by law over the streets, alleys, and lanes laid out by it;
and any street or alley reserved in the division or sub-divi-
sion into lots of any portion of the territory within the cor-
porate limits of the city by a plat or plan of record, shall be
deemed and held to be dedicated to the public use; and the
council shall have authority, upon the petition of any person
interested therein, to open such street or alley, or any por-
tion of the same. No agreement between, or release of
interest by the persons owning the land immediately con-
tiguous to any such alley or street, whether the same has
been opened and used by the public or not, shall avail or
operate to abolish said alley or street, so as to divost the
interest of the public therein, or the authority of the council
over the same.
23. Whenever any new street shall be laid out, a street.
graded or paved, or any other public improvement whatso-
ever made, the city council shall determine what portion, if
any, of the expenses thereof ought to be paid from the pub-
lic treasury: provided, however, that the same be not more
than one-third thereof, unless it be for such parts of the
streets as adjoin the public improvements or lands belonging
to the city, or at the intersections of the public streets one
with another, and may determine what portion shall be paid
by the owners of real estato benefited by such improvements;
or they may order that the whole expense be assessed upon
the owners of real estate benefited thereby. But no such
public improvement shall be made to be defrayed, in whole
orin part, by a local assessment, until first requested by a
petition signed by at least a majority of the owners. of the
property to be assessed for such improvement, or unless at
least three-fourths of the whole council shall concur in voting
any improvement expedient, or in determining to make the
same after allegations have been heard, in which case no
petition or request shall be necessary. The council shall

ave the same powers to collect such local assessments for
improvements as are hereinafter vested in them for the col-
lection of taxes.

24. Tho city council shall grant and pay to all city officers,
clerks, and assistants elected or appointed under or in pur-
suance of this act, such salaries or compensation as shall be
fixed by this or any other act of assembly hereafter enacted.

25. If any person, having been an officer of said city, shall
not, within ten days after he sball have vacated, or been
removed from office, and upon notification and request of the
city clerk, or within such time thereafter as the city council
shall allow or direct, deliver over to his successor in office all
the property, books, and papers belonging to the city, or
appertaining to 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 cost. And
all books, records, and documents used in any such office by
virtue of any provision of this act, or of any ordinance or
order of the city council, or any superior officer of said city,
sha.1 be deemed the property of the said city, and appertain
to said office, and the chief officer thereof shall be responsi-
ble therefor.

26. No member of the city council shall be allowed to
furnish anything whatever to the city for which he receives
any consideration in money or otherwise, either directly or
indirectly, under penalty of the forfeiture of his office ag
councilman, a8 well as forfeiture of the consideration involved :
and any voter making, under oath, a charge of this nature
before any magistrate, the judge of the corporation or hus.
tings court shall cause the accuscd councilman to show cause
why he should not be removed; and if said charge is sus
tained, the said judge shall remove him from office at once
27. For the execution of its powers and duties, the city
council may raice annually, by taxes and assessments on said
city, such sums of money as they shall deem necessary to
defray the expenses of the same, and in such manner as they
shall deem expedient, in accordence with the laws of this
state and the United States: provided, however, that they
shall impose no tax on the bonds of said city, nor on any
capital invested in real estate or employed in manufacture
outside of the city limits, although the person or persons
engaged in said business or manufacture have a place of busi-
ness in said city. Neither shall they impose any tax at the
same time upon the stock of a corporation, and upon the
dividends thereon; nor upon any capital, income, interest
or dividends, where a license or other tax is imposed upon
the business in which the capital is employed, or upon the
principal, money, credit or stock from which the interest,
income or dividend is divided. Suid taxes shall be equal and
uniform upon all property, both real and personal. The cap-
ita] invested in all business operations shall be assessed and
taxed as other property. Assessments upon all stock shall
be according to the market value thereof.

28. The city council may grant or refuse licenses, and
may require taxes to be paid on such licenses to agents of
insurance companies, whose principal office is not located in
said city ; to auctioneers; to public theatrical, or other per-
formances or shows; to keepers of billiard-tables, ten-pin
alleys, and pistol or rifle galleries; to hawkers and peddlers
in the city, or to persons to sell goods by sample therein; to
agents for the sale or renting of real estate; to commission
merchants, and all other business which cannot be reached
by the ad valorem system under the preceding section. They
may also grant or refuse such license to all sellers of wine or
spirituous or fermented liquors, and require taxes to be paid
on such license in addition to other taxes imposed.

29. The council may grant or refuse licenses to owners or
keepers of wagons, drays, carts, hacks, and other wheeled
carriages, 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 license therefor, and may
require taxes to be paid thereon, and subject the same to
euch regulations as they may deem proper, and prescribe
their fees and compensation.

30. The city council may vest in the collector of the city
taxes, and of any other assessments which the said council is
authorized to make, any or all the powers which are now, or
may hereafter be vested in any collector of the state taxes;
may prescribe the mode of his proceedings, and the mode of
proceeding against him for the failure to perform bis duties.
31 All goods and chattels, wheresoever found, may be dis-
trained and sold for taxes assessed and due thereon; and no
deed of trust or mortgage upon goods or chattels shall 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; nor shall
any such deed prevent the goods and chattels conveyed from
being distrained and sold for taxes assessed thereon, no mat-
ter in whose possession they may be found.

32. Any payment of taxes made by a tenant, unless under
an express contract contained in his lease, shall be a credit
against the person to whom he owes the rent; and when
any tax is paid by a fiduciary on the interest or profit of
moneys of an estate invested under an order of court or
otherwise, the tax shall be refunded out of such estate.

- 33. There shall be a lien on real estate for the city taxes,
as assessed thereon from the commencement of the year for
which they were assessed. The city council may require
real estate in the city delinquent for non-payment of taxes to
be sold for said taxes, with interest thereon at the rate of
twelve per centum per annum, and such per centum as they
may prescribe for charges. Such real estate shall be sold,
and may be redeemed under the provisions hereinafter made.

34. The collector of city taxes shall, under the direction of
the city council, cause to be published in all the daily news-
papers in said city, and when there are no papers published
in said city, in two or more of the daily papers published in
the city of Norfolk, not more than twenty days nor less than
ten days previous to such sale, a list of the several parcels of
real estate so to be sold, the time and place of sale, and shall
describe therein each parcel of real estate in the same man-
ner as the same is described on the assessment rolls on which
the said taxes 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.

35. If such tax or assessment, and the percentage, inter-
est, and expenses aforesaid, be not paid previous to the day
for which sale was advertised, or on some day immediately
thereafter, to which said sale may be adjourned, the collector
shall proceed to make sale accordingly of the said several
parcels of real estate, or so much thereof as may be neces-
sary, to the highest bidder; and the sale may be adjourned
from day to day, until it shall be completed. On such sale
the collector shall execute to the purchaser a certificate of
sale, in which the property purchased shall be described, and
the aggregate amount of tax or assessment, with charges
and expenses specified; but the collector shall not for him-
self, directly or indirectly, purchase any real estate so sold.
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 assess-
ment, with interest and charges, then the same shall be
struck off to the city.’ On such sale the collector shall exe-
cute to the city a certificate of sale, in which the property
purchased shall be described, and the aggregate amount of
tax or assessment, with charges and expenses specified, and
shall deposit such certificate with the auditor, or such other
officer as may be designated by the city council.

36. The owner of any real estate so sold, his heirs or as-
signs, or any person having a right to charge such real estate
for a debt, may redeem the same by paying to the purchaser,
his heirs or assigns, within two years from the sale thereof,
the amount for which the same was sold, and such additional
taxes thereon as may have been paid by the purchaser, his
heirs or assigns, or, if purchased by the city, with such addi-
tional sums as would have accrued for taxes thereon if the
same had not been purchased for the city, with interest on
the said purchase money and taxes, at the rate of twelve per
centum from the time that the same may have been so paid;
or the same may be paid within the said two years to the
city treasurer in any case in which the purchaser, his heirs
or assigns, may refuse to receive the same, or may not reside
or cannot be found in the city of Portsmouth.

37. 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
disability, the amount for which the same was so sold, and
the necessary charges incurred by the purchascr, his heirs or
assigns, in obtaining the title under the sale, and such addi-
tional taxes on the estate as may have been paid by the pur-
chaser, his heiys or assigns, and the appraised value of any
improvement that may have been made thereon, with interest
on the same items, at the rate of twelve per centum per an-
num from the time the same may have been paid. Upon
such payment, within two years after the removal of such
disability, the purchaser, his heirs or assigns, shall, at the
cost of the original owner, his heirs or assigns, convey to
him or them, by deed, with special warranty, the real estate
so sold.

38. The purchaser of any real estate sold for taxes and not
redeemed, shall, after the expiration of two years from the
sale, obtain from the city auditor, or such other officer as
may be designated by the city council, a deed conveying the
same, wherein shall be set forth what appears in his office in
relation to the sale. When the purchaser has assigned the
benefit of his purchase, the deed may, with his assent, evi-
denced by his joining therein, or by a writing annexed thereto,
be executed to his assignee. If the purchaser shall have
died, his heirs or assigns may move the corporation or court
of hustings of said city, to order the auditor, or such officer
as may be designated by the city council, to execute a deed
to such heirs or assigns.

39. 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, and such estate shall stand
vested in the grantee in such deed as was vested in the party
assessed with the taxes (on account whereof the sale was
made) at the commencement of the year for which the said
taxes were assessed, notwithstanding any irregularity in the
proceedings under which the said grantee claims title, unless
such irregularity appear on the face of the pr ocecdings ; and
if it be alloyed that the taxes for the non-payment of which
the sale was mado were not in arrears, the party making
such allegations must establish the truth ‘thereof by proving
that the taxes were paid.

40. In case that any real estate, struck off to the city as
hereinbefore provided, shall not be redeemed within the time
specified, the city auditor, or such officer as may be desig-
nated by the city council, 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 bas not
been redeemed, and thereupon the said corporation, or tleir
assiynees, shall require an absolute title to the same in fee.
The said certificate may be 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 proceed-
ings prior thereto.

CHAPTER V.
Police and Fire Departments.

41. The police department of the city of Portsmouth shall
be under the general control and management of police com-
miss:oners thereof, who shall consist of the mayor and four
discrect citizens, qualified voters of said city, who shall be
appointed by the judge of the corporation or hustings court
of said city, at the January term of said court, for the year
eighteen hundred and eighty-three, and every two years
thereafter, and shall constitute a board of police commission-
ers for said city, of which board the mayor shall be presi-
dent, and shall have a casting vote. Any three of said com-
missioners shall form a quorum for transacting business,
except the appointment or dismissal of members of the police
force hereinafter otherwise directed; said board may adopt
rules and by-laws for the gover nment thereof, and also may
establish, promulgate, and enforce proper rules, regulations,
and orders for the good government and discipline of said
police force: provided that said rules, regulations, and orders
shall not, in any way, conflict with any ordinance of the
city council, or any of the provisions of this act, or the con-
stitution and Jaws of this state or of the United States.

42. The said police commissioners, after taking the oath of
office as such commissioners, shall meet at the office of the
mayor, or other suitable place, at such time as may be expe-
dient, and as they shall, from time to time, designate, and on

mpecial occasions as the mayor may, in writing, appoint.
hey shall perform the duties of said office without any

compensation, reward, or salary therefrom from said city.

43. It shall be the duty of said police commissioners to
select from among the electors of said city, and by a vote of
at least three-fifths of said board, appoint by warrant of
appointment, bearing the signatures of said commissioners,
to be immediately filed with the city clerk, so many perma-
nent policemen, officers, and patrolmen, as may be authorized
by the city council; and said board shall also appoint one
chief of police, through whom said board may promulgate
all rules, regulations, and orders to the whole force, and who
shall have immediate control and direction of said force, sub-
ject, however, at all times to the rules, regulations, and
orders of said board and to the orders of the mayor: pro-
vided that the orders of the said single commissioner do not
conflict with the rules, regulations, or orders of said board
then in force; and said chief and each policeman of said
police force, appointed in manner as aforesaid, may hold his
respective office during the term of good behavior, or until
the said board, by the unanimous vote of its members, shall
remove him; but in case of misconduct on the part of such
chief or any member of said police force, then he may be
removed by the decision of a majority of said board as here-
inafter provided.

44. In times of exigency the said commissioners, or a
majority of them, or any one of them, if the others be absent
from the city or unable to act, may appoint temporarily,
without authority from the city council, a suitable number
of additional policemen for such time as shall appear neces-
sary, not, however, to extend beyond the time of the next
meeting of the city council.

45. The mayor at any time, upon charges being preferred,
or upon finding such chief or any other member of said
police force guilty of misconduct, shall have power to sus-
pend such member from service until the board of commis-
sioners shall convene and take action in the matter: provided,
however, that such member shall not remain so suspended
lor a longer period than thirty days, without having an
opportunity of being heard in his defence; and upon hearing
the proofs in the case, a majority of said commissioners may
jischarge or restore said member; and the pay or salary of
uch member shall cease from the time of suspension to the
time of restoration to service, unless otherwise ordered b
said board of commissioners in their written decision, whic
shall be filed with the city clerk; and any violation of the
rules, regulations, or orders of said board, or any superior,
hall be good cause for dismissal.

46. The salary of said chief and policemen shall be deter-
nined by the city council, and all bills of expense on account
of the police department shall be audited by at least three of
she said police commissioners.
47. The said chief of police, and every policeman, duly
appointed as aforesaid, shall have issued to him a warrant of
appointment, signed by the president of the board and coun-
tersigned by the city clerk, stating the date of his appoint-
ment, which shall be his commission, and he shall take such
oath and give such bond as the city council may ordain, and
subscribe the same in a book to be kept by the said city clerk
for that purpose.

48. The said chief of police and policemen shall, generally,
have power to do whatever may be necessary to preserve the
peace and good order of said city, and to secure the inhab-
itants from personal violence and their property from loss
and injury. Such number of the said police force as the
board of police commissioners may designate, shall, in crimi-
nal cases, have the same powers and duties, and be subject to
the same penalties that are now prescribed by law as to con-
stables.

49. The said board of commissioners may prescribe such
uniform and badges for the police force as they may deem
proper, and direct in what manner they shall be armed. If
any person other than a policeman shall publicly wear such
uniform and badges as may be prescribed as aforesaid, he
may be subjected to such fine, not exceeding the sum of one
hundred dollars, as the city council may ordain.

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

51. The said board of police commissioners is hereby
authorized and required to make an investigation into the
origin and cause of every fire occurring in said city of Ports-
mouth, and for that purpose said commissioners are hereby
invested with full power to summon before them any person
or persons they may deem proper, to administer oaths to the
same, to compel their attendance, and to examine them con-
cerning said fires, and immediately after such inquisition
they shall report the facts ascertained to the city council.

52. The city council shall have power to ordain and enforce
such rules and regulations as shall be necessary and proper
to prevent accidents by fire within the said city, or to secure
the inhabitants thereof and their property from injury
thereby, and to provide for the organization, equipment, and
government of fire companies in said city, and to purchase
and keep in order hand and steam fire engines and other neves-
sary fire apparatus; also, to appoint and pay the necessary
engineers, firemen, and drivers for said engines. They may,
also, make such ordinances as may be necessary to com pel
citizens to render assistance to the fire companies in case of
need. They may, also, appoint a chief engineer, prescribe
his duty, and fix his compensation, not to exceed one hun-
dred dollars per annum.
53. Whenever any building in the said city shall be on
fire, it shall be the duty of, and be lawful for, the said chief
engineer to order and direct such building, or any other
buildings, which he may deem hazardous and likely to com-
municate fire to other buildings, or any part of such build-
ings, to be pulled down and destroyed, and no action shall
be maintained against any person, or against the said city
therefor. But any person interested in any such building so
destroyed or injured, may, within three months thereafter,
apply to the city council to assess and pay the damages he
has sustained. At the expiration of the three months, if any
such application shall have been made in writing, the city
council shall either pay the claimant such sum as shall be
agreed upon by them and the said claimant for such damages,
or, if nd such agreement shall be effected, shall proceed to ascer-
tain the amount of such damages, and shall provide for the
appraisal, assessment, collection, and payment of the same,
in the same manner as is provided for the ascertainment,
assessment, collection, and payment of damages sustained
by the taking of land for the purposes of public improve-
ment.

54. The commissioners appointed to appraise and assess
the damages incurred by the said claimant, by the pulling
down or the destruction of such building or any part thereof,
by the direction of the said officer of the city, as above pro-
vided, shall take into account the probability of the same
having been destroyed or injured by fire if it had not been
so pulled down or destroyed, and may report that no damages
should equitably be allowed to such claimant. Whenever a
report shall be made, and finally confirmed, in said proceed-
ings for appraising and assessing the damages, a compliance
with the terms thereof by the city council, shall be deemed a
full satisfaction of all said damages of the said claimant.
But any party feeling aggrieved thereby may appeal to the
circuit court for the city of Portsmouth, which court, in
taking jurisdiction thereof, shall be governed by the laws
regulating the assessment of damages to real estate in other
cases.

CHAPTER VI.
The Judiciary.

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

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

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

58. There shall be elected by the qualified voters of the
city of Portsmouth, on the fourth Thursday in May, eighteen
hundred and eighty-two, and every two years thereafter, one
high constable, who shall hold his office for the term of two
years, and until his successor is elected and qualified, unless
sooner removed from office. He shall give bond, with sure-
ties to be approved by the judge of the corporation or hus-
tings court, in the penalty of not less than five thousand
dollars, payable to the commonwealth of Virginia, and con-
ditioned for the faithful performance of his duties; said bond
to be filed in the office of the clerk of said court. He shall
perform such duties, have such powers, and be subject to
such penalties as are now or hereafter may be prescribed by
the laws in reference to constables in the various counties
and corporations of this commonwealth. Said high consta-
ble may appoint one or more deputies to attend to and exe-
cute the duties of his office, but the sureties on the bond of
said high constable shall be equally liable for the acts of the
said deputy or deputies as for those of the principal.

59. There shall be elected by the qualified voters of each
ward in the city of Portsmouth, on the fourth Thursday in
May, eighteen hundred, and ecighty-three, and every two
years thereafter, as many justices of the peace as there are
councilmen elected for said ward, who shall be residents of
the ward from which elected, and shall hold office for the
term of two years, unless sooner removed from office, and
until their successors shall be elected and qualified.
60. There shall be one city treasurer, one collector of city
taxes, one commissioner of the revenue, one city surveyor,
one city auditor, one city clerk, one city attorney, one keeper
of the almshouse, one physician of the almshouse (who shall
also be health officer), one street inspector, one clerk of the
market, one wood measurer (who shall also be weigher of hay
and gauger of liquors, and seller of weights and measures),
one keeper of the cemeteries, and one sanitary inspector, all
of whom shall be elected by the qualified voters of the city
of Portsmouth, at such times as herein provided, and in such
manner as prescribed by law, or as may hereafter be pre-
scribed by the general assembly.

61. The council of the city of Portsmouth may fix, pre-
acribe, and regulate tne salaries of the judge of the corpora-
tion or hustings court, clerk of said court, city sergeant, the
commonwealth’s attorney, the high constable, the superin-
tendent of public schools, employees of the fire department,
and all other officers and employees of the said city, save
and except the police department: provided, however, that
the portions paid by the city of the salary or pay of said
judge, clerk of the court, cily sergeant, commonwealth’s
attorney, high constable, superintendent of public schools,
employees of the fire department, and all other officers and
employees of said city, shall not be less than the amounts
allowed and paid the same on the first day of January, eigh-
teen hundred and eighty-two, nor moro than twenty-five per
centum additional thereto.

62. The council may take from any of the officers ap-
pointed or elected under this act, bonds with sureties, in such
penalties as to the council may seem fit, payable to the city
by its corporate name, with conditions for the faithful per-
formance of their dutics, save when it is otherwise provided
for in this act.

63. The parties to bonds taken in pursuance of this act,
their heirs, devisees, executors, and administrators, shall be
subject to the same proceedings on said bonds for enforcing
the terms and conditions thereof, by motions or otherwise,
before the circuit court for the city of Portsmouth, or the
corporation or hustings court of said city, or any other court
held in said city, which may succeed to their civil common
law jurisdiction, that collectors of the county levy and their
sureties are, or shall be, subject to on their bonds for enforc-
ing the payment of the county levies.

64. The city treasurer shall give bond, with sureties, in the
penalty of not less than thirty thousand dollars, said bond to

e approved by the city council, and filed in the office of the
city clerk.
65. The city collector shall give bond, with sureties, to be
approved by the city council, in the penalty of not less than
thirty thousand dollars, said bond to be filed in the office of
the city clerk.

66. The commissioner of the revenue shall give bond, with
sureties, to be approved by the city council, in the penalty of
not less than two thousand dollars, said bond to be filed in
the office of the city clerk.

67. The city auditor shall give bond, with surety, to be
approved by the judge of the corporation or hustings court
of said city, to the amount of not less than ten thousand dol-
lars, said bond to be filed with the clerk of said court. The
said auditor shall open and keep, in a neat and methodical
manner, a complete set of books, under the direction of the
city council, wherein shall be stated, among other things, the
appropriation for the year for each distinct object and branch
of expenditure, and also the receipts from each and every
source of revenue, so far as he can ascertain the same. Said
books, and all papers, vouchers, contracts, bonds, receipts, and
other things kept in said office, shall be subject to the exam-
ination of the mayor, the members of the city council, or
any committee therefor. Said auditor shall hold his office in
such place as shall be designated and prescribed by the city
council.

68. The said auditor shall have power to examine all
accounts, claims, and demands for or against the said city,
when required so to do by the city council ; and whenever
any account, claim, or demand, as above mentioned, shall be
found by said auditor to be correct, he shall certify the same
to the city council. He shall issue his warrant, and the

resident shall countersign the same, for all bills approved
y the said city council, and certified to him by said clerk of
said council.

69. All money found to be due and payable by the said
auditor to any person, shall be drawn by the said auditor by
warrant on the treasurer, countersigned by the president of
the council, stating the particular fund and appropriation to
which the same is chargeable, and the person to whom pay-
able; and no money shall be drawn from the treasury except
upon the warrant as aforesaid.

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

71. The bonds of all city officers shall be made payable to
the city of Portsmouth by its corporate name.
72. The duties of all city and municipal officers shall be
the same as prescribed by this act, or when not herein pre-
scribed shall be the same as now prescribed by law and the
city ordinances.

73. The act approved March eleventh, eighteen hundred
and seventy-three, entitled an act to provide a new charter
for the city of Portsmouth, and all acts amendatory thereof
snd supplemental thereto, and all acts and parts of acts, and
city ordinances, in conflict with this act, are hereby repealed ;
and all acts and parts of acts, and all city ordinances not in
conflict with this act, are to remain in full force and effect.

74. This act shall be in force from its passage.
JOINT RESOLUTIONS

PASSED BY THE

NERAL ASSHM BI

OF THE

STATE OF VIRGINIA

DURING THE

EXTRA SESSION OF 1882.

RICHMOND:
| WALKER, SUPERINTENDENT PUBLIC PRINTI2
ACTS AND JOINT RESOLUTIONS.

Chap. 269.—An ACT to provide a new charter for the city of Ports-
mouth, and to repeal all acts in conflict therewith.

Approved March 6, 1882.

CHAPTER I.
Elections, &c.

1. Be it enacted by the general assembly, That the terri-
tory contained within the limits of the city of Portsmouth,
prescribed by the sundry acts of the general assembly here-
tofore passed, shall be deemed and taken as the city of Ports-
mouth; and al] the inhabitants within the said limits, and
their successors, shall be and they are hereby made a body

olitic and corporate, by the name and 8tyle of The City of

ortsmouth; and as such, and by that name, may contract
and be contracted with, sue and be sued, plead and be im-
pleaded, answer and be answered unto, and may purchase,
take, receive, hold, and use goods and chattels, land and ten-
ements, and choses in action, or any interest, right, or estate
therein, either for the proper use of said city, or in trust for
the benefit of any persons or associations therein; and the
same may grant, sell, convey, transfer, and assign, let, pledge,
mortgage, charge, and encumber in any case, and in any
manner, in which it would be lawful for an individual to do,
and may have and use a common seal, and alter and renew
the same at pleasure, and generally shall have all the rights,
franchises, capacities, and powers appertaining to municipal
corporations in this commonwealth. Said city and its inhabi-
tants shall be exempt from all assessments of levies in the way
of taxes imposed by the board of supervisors of Norfolk county,
orany other authorities whatever in said county, for any pur-
pose whatever, except upon property in the said county of
Norfolk, owned by the inhabitants of said city; nor shall
said inhabitants be liable to serve upon juries in said county.

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

3. The election of members of the council shall be held on
the fourth Thursday of May, eighteen hundred and eighty-
three, and every two years thereafter. The election of mayor
shall be held on the fourth Thursday in May, eighteen -hun-
dred and eighty-two, and every two years thereafter. The
election of city treasurer shall be held on the fourth Thursday
in May, eighteen hundred and eighty-two, and every three
years thereafter. The election of the commissioner of the
revenue shall be held on the fourth Thursday in May, eigh-
teen hundred and eighty-four, and every four years there-
after. The election of city surveyor shall be held on the
fourth Thursday in May, eighteen hundred and eighty-four,
and every six years thereafter. The election of city auditor
shall be held on the fourth Thursday in May, eighteen hun-
dred and eighty-five, and every three years thereafter. And
the election of all other municipal or city officers hereinafter
mentioned, shall take place on the fourth Thursday in May,
eighteen hundred and eighty-three, and every two years
thereafter; and the officers so elected shall enter upon the
discharge of their duties upon the first day of July succeed-
ing their election; and whenever two or more persons are to
be elected to the same office, the several persons, to the num-
ber required to be chosen, having the highest number of
votes. shall be declared elected.

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

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

6. The mayor and the members of the city council, before
entering upon the duties of their respective offices, shall be
respectively sworn in, in accordance with the laws of this
state. Such oaths may be administered to the mayor elect
by any judge of a court of record, commissioned to hold any
such court within the said city, either in term or in vaca-
tion; and the members of tho city council by the mayor,
being himself first sworn as aforesaid, or by any judge of
any court of record as aforesaid; and a certificate of such
oaths baving 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 any law or ordinance of the city council, shall,
before be enters upon the duties of said office, take and sub-
scribe 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. IRSfany
person elected or appointed to any office in said city shall
nevlect to take such oath for thirty days, after receiving
notice of his election or appointment, or shall neglect, for the
like space of time, to give bond with securities as may be
required of him by this act, or by the city council, as berein-
after provided, or as may be hereafter required by any law
or ordinance, he shall be considered as baving declined such
office, and the same shall be deemed vacant; and whenever
such vacancy shall occur, another election shall be ordered,
or another appointment made, according to the directions of
this act.

CHAPTER II.
Mayor.

7. The mayor shall be elected by the qualified voters of the
city of Portsmouth, for the term of two years, and until his
successor shall be elected and qualified; and no person shal]
be qualified to hold the office of mayor, except such as shal
be qualified to hold office under the constitution of this state

8. He shall, by virtue of his office, possess all the powers
and authority, in civil and criminal cases, of a justice of the
peace of the said city, in addition to the powers hereby givey
to him by virtue of this act, or that may hereafter be vivey
to him by virtue of any other act of assembly; but he sha]
receive no fees for his services as such justice of the peace
9. It shall be his duty, when required by the city council,
to report to the said council, a statement of the situation and
condition of the city, in relation to its government, and all
matters coming under his control. He shall see that the
ordinances of the city council are faithfully executed, and that
all offenders or violators of such ordinances are punished as
directed by said ordinances.

10. He shall exercise a constant supervision over, and shall
see that the duties of the various city officers are faithfully
perlormed. He shall have power to investigate their acts,

ave access to all books and documents in their offices, and
may examine them and their subordinates on oath; the evi-
dence given by persons so examined, shall not be used against
them in any criminal proceedings. He shall also have power
to suspend or remove such officers, whether they be elected
or appointed, for misconduct in office, or neglect of duty, to
be specified in the order of suspension or removal; but no
such removal shall be made without reasonable notice to the
oficer complained of, and an opportunity afforded him to be
heard in his defence. On the removal or suspension of such
officer or officers, the mayor shall report the same, with the
reasons therefor, to the city council, at their stated meeting.

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

CHAPTER III.
City Council.

12. The council of the city of Portsmouth shall be com-
sed of fifteen members, to be elected from the different
yards, as follows: Four from the first ward, four from the
econd ward, three from the third ward, and four from the
ourth ward. The councilmen chosen shall, at the time of
lection, and during their continuance in office, be residents
f the ward for which they are chosen. They shall be elec-
ed by the voters qualified to vote for councilmen, as herein-
efore provided, who are residents of the respective wards
or which such councilmen are chosen. The qualifications of
ny person or persons elected as councilmen, shall be adjudged
f by the whole number of councilmen elected, or a majority
f them.

13. In the case of any vacancy happening in the city
ouncil, by death, removal from the city, resignation, or other-
rise, the city council shall elect a qualified person to supply
he vacancy for the unexpired term.
14. The council shall elect one of its members to act as
president, who shall preside at its meetings, and continue in
office for the time for which said council was elected; and
when, from any cause, he shall be absent, they may appoint
a president pro tempore, who shall preside during the absence
of the president. The president, or the president pro tem-
pore, 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 convened by the order, in writing, of any
three members of the council.

15. The council shall have the authority to adopt such
rules as they may deem proper for the regulation of their
proceedings and for the convenient transaction of business;
to compel the attendance of absent members, to punish mem-
bers for disorderly behavior, and, by a vote of three-fourths
of all the members of the council, to expel a member for
malfeasance, misfeasance, or gross neglect of official duty.
They shall keep a journal of their proceedings, which shall,
at all times, be open to the inspection of any voter of said
city; and their meetings shall be open to the public, except
when the public welfare shall require secrecy.

16. A majority of the members of the council shall con-
stitute a quorum for the transaction of business, but on all
ordinances or resolutions appropriating money exceeding the
sum of five hundred dollars, imposing taxes, or authorizing
the borrowing or loaning of money, the yeas and nays shall
be entered on the journal. No vote shall be reconsidered or
rescinded at a special meeting unless at such special meeting
there be present as large a number of mémbers as were pre-
sent when such vote was taken.

17. The council shall have, subject to the provisions herein
contained, the control and management of the fiscal and
municipal affairs of the city, and of all property, real and
personal, belonging exclusively to said city, as now provided

y law, and may make such ordinances, orders, and by-laws
relating to the same, as it shall deem proper and necessary ;
but shall rent, seil, lease, or otherwise dispose of, no property
or franchise of the city without advertising the same, for at
least thirty days, in some newspaper of said city, or of the
city of Norfolk. They shall likewise have the power to
make such ordinances, by-laws, orders, and regulations, as
they may deem desirable to carry out the following powers,
which are hereby invested in them:

Markets.

I. To regulate the markets in and for said city ; to pre-
scribe the times and places for holding the same; keep in
order suitable buildings therefor; to adopt and enforce such
rules and ordinances respecting said markets as, in their
opinion, the convenience or interest of the inhabitants of said
city shall require, and to adopt such rules and ordinances as
may be necessary to regulate or prevent huckstering, fore-
stalling, and regrating.

Workhouse, Poorhouse, &c.

II. To erect or provide, in or near the city, suitable work-
houses, houses of correction or reformation, and houses for
the reception and maintenance of the poor and destitute.
They shall possess and exercise exclusive authority over all
persons within the limits of the said city, receiving or enti-
tled to the benefits of the poor laws, and to regulate pauper-
ism within the city; and the council, through the agencies
appointed for the direction and management of the poor of
the city, shall exercise the powers and perform the duties
vested by law in overseers of the poor.

Public Buildings.

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

City Prison.

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

Wharves and Docks.

V. To establish, contract, and keep in order, alter or
remove, landings, wharves, and docks, on lands belonging
exclusively to, or which may hereafter belong exclusively to,
said city, and to lay and collect a reasonable duty on vessels
coming to and using the same; to prevent and remove all
obstructions in and upon such landings, wharves, and docks ;
to preserve peace and good order upon the same, and upon
all other wharves and landings in said city.

Streets and Alleys.

VI. To close or extend, widen or narrow, lay out and grade,
pave, and otherwise improve streets and public alleys in the
city. and have them properly lighted and kept in good order;
and they shall have over any street or alley in the city,
which has been or may be ceded to-the city, like authority
as over other streets or alleys, to construct sewers, build
bridges in, and culverts under said streets, and may prevent
or remove any structure, obstruction, or encroachment over
or under, or in a street or alley, or any sidewalk thereof, and
may have shade trees planted along the said streets, and gen-
erally to ordain and enforce such regulations respecting the
same, or any of them, as shall be proper for the health, inter-
est, or convenience of the inhabitants of said city. In the
meantime, no order shall be made, and no injunction shall be
awarded, by any court or judge, to stay the proceedings of
the city in the prosecution of their work, unless it be mani-
fest that they, their officers. agents, or servants, are trans-
cending the authority given them by this act, and that the
interposition of the court is necessary to prevent injury that
cannot be adequately compensated in damages.

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

VITI. To regulate and prescribe the breadth of tires upon
the wheels, or wagons, carts, and vehicles of heavy draught,
used upon the streets of said city: provided, bowever, that
this section shall not apply to vehicles coming into and not
owned in said city.

Inspection.

IX. To provide for the gauging and inspection of oil, mo-
lasses, vinegar, and spirits of turpentine, and for the proper
weighing or admeasurement of hay, fodder, oats, shucks, or
other long forage, and for the measuring of corn, oats, grain,
coal, stone, wood, lumber, boards, potatoes, and other articles
for sale or barter in the city: provided no hay or other com-
modity once weighed within the state shall not be required
to be weighed or re-inspected.

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

Contagious Diseases.

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

Board of Health.

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

Burial Grounds.

XIII. To provide, in or near said city, lands to be appro
priated, improved, and kept in order as places for the buria
of the dead. and may charge for the use of ground in saic
place of burial, and may regulate the same; may regulat.
the burial of the dead in the burial grounds within the city
or prevent the same entirely.
XIV. To adopt and enforce such regulations as may be
necessary, under the usual system of quarantine, to prevent
vessels or boats, or persons infected with contagious or
infective diseases, from entering any port of the harbor
appertaining to said city.

Nuisances.

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

AVI. If any ground in the said city shall be subject to be
covered by stagnant water, or if the owner or owners,
occupier or occupiers thereof, shall permit any offensive or
unwholesome substance to remain or accumulate therein, the
council may cause such ground to be filled up, raised or
drained, or may cause such substance to be covered or
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 the same manner in which
taxes levied upon real estate forthe benefit of said city are
authorized to be collected: provided that reasonable notice
shall be first given to the said owners or their agents. In
case of non-resident owners, who have no agent in said city,
such notice may be given by publication for not less than two
weeks in any newspaper published in said city, or, where
there is none, in some published in the city of Norfolk.

XVII. To direct the location of all buildings for storing

gunpowder, or other combustible substances, and to regulate
the sale and use of gunpowder, or fire-crackers, or fireworks
prepared therefrom, kerosine oil, nitro-glycerine, camphene,
burning-fluid, or other combustible material; to regulate or
prevent the exhibition of fireworks, the discharge of firearms,
the use of candles or lights in barns, stables, and other build-
ings, and to restrain the making of bonfires in streets and
yards.
’ XVIII. To prevent hogs, dogs, and other animals from
running at large in the city, and may subject the same to
such confiscations, regulations, and taxes as they may deem
proper; and the council may prohibit the raising or keeping
of hogs in the city.

XIX. To prevent the riding or driving of horses, or other
animals, at an improper speed; to prevent the running of
steam engines at an improper speed within the limits of said
city, and to wholly exclude the said engines, if they please;
to prevent the flying of kites, throwing stones, or the enga-
ging in any employment or sports in the streets or public
alleys dangerous or annoying to the people; and to prohibit
and punish the abuse of animals.

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

XXI. To prevent vice and immorality; to make such regu-
lations as may be necessary to secure the inhabitants of said
city against thieves, robbers and burglars; to preserve the
public peace and good order of thecity; to prevent and quell
riots, disturbances and disorderly assemblages; to suppress
houses of ill-fame and gaming-houses; to prevent, suppress
and punish lewd, disorderly and indecent conduct or exhibi-
tions in the city, and to expel therefrom persons guilty of
such conduct who shall not have resided therein as much as
one year.

XXII. To forbid and prevent the vending or other disposi-
tion of liquors and intoxicating drinks to be drunk in any
boat, store or other place not duly licensed, and to forbid the
selling or giving, to be drunk, any intoxicating liquors to any
child or young person without the consent of his or her
parent or guardian; and for any violation of any such ordi-
nance may impose fines in addition to those prescribed by the
laws of the state.

XXITT. To prevent the coming into the city from beyond
the limits of the state of persons who may be dangerous to
the peace and safety of the city, or of persons having no
ostensible means of support; and for this purpose may re-
quire and compel any railroad company, or the captain or
master of any steamboat or vessel bringing such persons to
the city, to take them back from whence they came, and
compel the persons to leave the city, if they have not been
in the city more than twenty days before the order is given.

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

18. Where by the provisions of this act the city council
has authority to pass ordinances on any subject, they ma
prescribe any penalty, not exceeding five hundred dollars,
(except where a penalty is herein otherwise provided for,)
for a violation thereof, and may provide that the offender, on
failing to pay the penalty recovered, shall be imprisoned in
the jail of said city for any term not exceeding six calendar
months; which penalties may be prosecuted and recovered
with costs in the name of the city of Portsmouth.

19. No ordinance hereafter passed by the city council, for
the violation of which any penalty is imposed, shall take
effect until the same shall have been published for five days
successively, in one or more of the daily newspapers pub.
lished in said city, or the city of Norfolk, or by posters ir
said city, to be designated by the said council; a record o:
entry made by the clerk of said city, or a copy of such record
or entry, duly certified by him, shall be prima facie evidence
of the time of such first publication; and all laws, regula-
tions, and ordinances of the city council may be read in evi-
dence in all courts of justice, and in all proceedings before
any officer, body, or board in which it shall be necessary to
refer thereto, either from a copy thereof, certified by the
clerk of said city, or from the volume of ordinances printed
by the authority of the city council.

20. The council shall not take or use any private property
for streets or other public purposes without making to the
owner or owners thereof just compensation for the same.
But in all cases when the said city cannot, by agreement,
obtain title to the ground necessary for such purposes, it
shall be lawful for the said city to apply to and obtain from
the circuit or county court of the county in which the land
shall be situated, or to the proper court of the city having
jurisdiction of such matters (if the subject lies within this
city), for authority to condemn the same; which shall be
applied for and proceeded with as provided by law.

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

22. Whenever any street, alley, or lane shall have been
opened to and used as such by the public for the period of five
years, the same shall thereby become a street, alley, or lane
for all purposes, and the city shall have the same authority
and jurisdiction over, and right and interest therein, as they
have by law over the streets, alleys, and lanes laid out by it;
and any street or alley reserved in the division or sub-divi-
sion into lots of any portion of the territory within the cor-
porate limits of the city by a plat or plan of record, shall be
deemed and held to be dedicated to the public use; and the
council shall have authority, upon the petition of any person
interested therein, to open such street or alley, or any por-
tion of the same. No agreement between, or release of
interest by the persons owning the land immediately con-
tiguous to any such alley or street, whether the same has
been opened and used by the public or not, shall avail or
operate to abolish said alley or street, so as to divost the
interest of the public therein, or the authority of the council
over the same.
23. Whenever any new street shall be laid out, a street.
graded or paved, or any other public improvement whatso-
ever made, the city council shall determine what portion, if
any, of the expenses thereof ought to be paid from the pub-
lic treasury: provided, however, that the same be not more
than one-third thereof, unless it be for such parts of the
streets as adjoin the public improvements or lands belonging
to the city, or at the intersections of the public streets one
with another, and may determine what portion shall be paid
by the owners of real estato benefited by such improvements;
or they may order that the whole expense be assessed upon
the owners of real estate benefited thereby. But no such
public improvement shall be made to be defrayed, in whole
orin part, by a local assessment, until first requested by a
petition signed by at least a majority of the owners. of the
property to be assessed for such improvement, or unless at
least three-fourths of the whole council shall concur in voting
any improvement expedient, or in determining to make the
same after allegations have been heard, in which case no
petition or request shall be necessary. The council shall

ave the same powers to collect such local assessments for
improvements as are hereinafter vested in them for the col-
lection of taxes.

24. Tho city council shall grant and pay to all city officers,
clerks, and assistants elected or appointed under or in pur-
suance of this act, such salaries or compensation as shall be
fixed by this or any other act of assembly hereafter enacted.

25. If any person, having been an officer of said city, shall
not, within ten days after he sball have vacated, or been
removed from office, and upon notification and request of the
city clerk, or within such time thereafter as the city council
shall allow or direct, deliver over to his successor in office all
the property, books, and papers belonging to the city, or
appertaining to 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 cost. And
all books, records, and documents used in any such office by
virtue of any provision of this act, or of any ordinance or
order of the city council, or any superior officer of said city,
sha.1 be deemed the property of the said city, and appertain
to said office, and the chief officer thereof shall be responsi-
ble therefor.

26. No member of the city council shall be allowed to
furnish anything whatever to the city for which he receives
any consideration in money or otherwise, either directly or
indirectly, under penalty of the forfeiture of his office ag
councilman, a8 well as forfeiture of the consideration involved :
and any voter making, under oath, a charge of this nature
before any magistrate, the judge of the corporation or hus.
tings court shall cause the accuscd councilman to show cause
why he should not be removed; and if said charge is sus
tained, the said judge shall remove him from office at once
27. For the execution of its powers and duties, the city
council may raice annually, by taxes and assessments on said
city, such sums of money as they shall deem necessary to
defray the expenses of the same, and in such manner as they
shall deem expedient, in accordence with the laws of this
state and the United States: provided, however, that they
shall impose no tax on the bonds of said city, nor on any
capital invested in real estate or employed in manufacture
outside of the city limits, although the person or persons
engaged in said business or manufacture have a place of busi-
ness in said city. Neither shall they impose any tax at the
same time upon the stock of a corporation, and upon the
dividends thereon; nor upon any capital, income, interest
or dividends, where a license or other tax is imposed upon
the business in which the capital is employed, or upon the
principal, money, credit or stock from which the interest,
income or dividend is divided. Suid taxes shall be equal and
uniform upon all property, both real and personal. The cap-
ita] invested in all business operations shall be assessed and
taxed as other property. Assessments upon all stock shall
be according to the market value thereof.

28. The city council may grant or refuse licenses, and
may require taxes to be paid on such licenses to agents of
insurance companies, whose principal office is not located in
said city ; to auctioneers; to public theatrical, or other per-
formances or shows; to keepers of billiard-tables, ten-pin
alleys, and pistol or rifle galleries; to hawkers and peddlers
in the city, or to persons to sell goods by sample therein; to
agents for the sale or renting of real estate; to commission
merchants, and all other business which cannot be reached
by the ad valorem system under the preceding section. They
may also grant or refuse such license to all sellers of wine or
spirituous or fermented liquors, and require taxes to be paid
on such license in addition to other taxes imposed.

29. The council may grant or refuse licenses to owners or
keepers of wagons, drays, carts, hacks, and other wheeled
carriages, 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 license therefor, and may
require taxes to be paid thereon, and subject the same to
euch regulations as they may deem proper, and prescribe
their fees and compensation.

30. The city council may vest in the collector of the city
taxes, and of any other assessments which the said council is
authorized to make, any or all the powers which are now, or
may hereafter be vested in any collector of the state taxes;
may prescribe the mode of his proceedings, and the mode of
proceeding against him for the failure to perform bis duties.
31 All goods and chattels, wheresoever found, may be dis-
trained and sold for taxes assessed and due thereon; and no
deed of trust or mortgage upon goods or chattels shall 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; nor shall
any such deed prevent the goods and chattels conveyed from
being distrained and sold for taxes assessed thereon, no mat-
ter in whose possession they may be found.

32. Any payment of taxes made by a tenant, unless under
an express contract contained in his lease, shall be a credit
against the person to whom he owes the rent; and when
any tax is paid by a fiduciary on the interest or profit of
moneys of an estate invested under an order of court or
otherwise, the tax shall be refunded out of such estate.

- 33. There shall be a lien on real estate for the city taxes,
as assessed thereon from the commencement of the year for
which they were assessed. The city council may require
real estate in the city delinquent for non-payment of taxes to
be sold for said taxes, with interest thereon at the rate of
twelve per centum per annum, and such per centum as they
may prescribe for charges. Such real estate shall be sold,
and may be redeemed under the provisions hereinafter made.

34. The collector of city taxes shall, under the direction of
the city council, cause to be published in all the daily news-
papers in said city, and when there are no papers published
in said city, in two or more of the daily papers published in
the city of Norfolk, not more than twenty days nor less than
ten days previous to such sale, a list of the several parcels of
real estate so to be sold, the time and place of sale, and shall
describe therein each parcel of real estate in the same man-
ner as the same is described on the assessment rolls on which
the said taxes 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.

35. If such tax or assessment, and the percentage, inter-
est, and expenses aforesaid, be not paid previous to the day
for which sale was advertised, or on some day immediately
thereafter, to which said sale may be adjourned, the collector
shall proceed to make sale accordingly of the said several
parcels of real estate, or so much thereof as may be neces-
sary, to the highest bidder; and the sale may be adjourned
from day to day, until it shall be completed. On such sale
the collector shall execute to the purchaser a certificate of
sale, in which the property purchased shall be described, and
the aggregate amount of tax or assessment, with charges
and expenses specified; but the collector shall not for him-
self, directly or indirectly, purchase any real estate so sold.
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 assess-
ment, with interest and charges, then the same shall be
struck off to the city.’ On such sale the collector shall exe-
cute to the city a certificate of sale, in which the property
purchased shall be described, and the aggregate amount of
tax or assessment, with charges and expenses specified, and
shall deposit such certificate with the auditor, or such other
officer as may be designated by the city council.

36. The owner of any real estate so sold, his heirs or as-
signs, or any person having a right to charge such real estate
for a debt, may redeem the same by paying to the purchaser,
his heirs or assigns, within two years from the sale thereof,
the amount for which the same was sold, and such additional
taxes thereon as may have been paid by the purchaser, his
heirs or assigns, or, if purchased by the city, with such addi-
tional sums as would have accrued for taxes thereon if the
same had not been purchased for the city, with interest on
the said purchase money and taxes, at the rate of twelve per
centum from the time that the same may have been so paid;
or the same may be paid within the said two years to the
city treasurer in any case in which the purchaser, his heirs
or assigns, may refuse to receive the same, or may not reside
or cannot be found in the city of Portsmouth.

37. 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
disability, the amount for which the same was so sold, and
the necessary charges incurred by the purchascr, his heirs or
assigns, in obtaining the title under the sale, and such addi-
tional taxes on the estate as may have been paid by the pur-
chaser, his heiys or assigns, and the appraised value of any
improvement that may have been made thereon, with interest
on the same items, at the rate of twelve per centum per an-
num from the time the same may have been paid. Upon
such payment, within two years after the removal of such
disability, the purchaser, his heirs or assigns, shall, at the
cost of the original owner, his heirs or assigns, convey to
him or them, by deed, with special warranty, the real estate
so sold.

38. The purchaser of any real estate sold for taxes and not
redeemed, shall, after the expiration of two years from the
sale, obtain from the city auditor, or such other officer as
may be designated by the city council, a deed conveying the
same, wherein shall be set forth what appears in his office in
relation to the sale. When the purchaser has assigned the
benefit of his purchase, the deed may, with his assent, evi-
denced by his joining therein, or by a writing annexed thereto,
be executed to his assignee. If the purchaser shall have
died, his heirs or assigns may move the corporation or court
of hustings of said city, to order the auditor, or such officer
as may be designated by the city council, to execute a deed
to such heirs or assigns.

39. 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, and such estate shall stand
vested in the grantee in such deed as was vested in the party
assessed with the taxes (on account whereof the sale was
made) at the commencement of the year for which the said
taxes were assessed, notwithstanding any irregularity in the
proceedings under which the said grantee claims title, unless
such irregularity appear on the face of the pr ocecdings ; and
if it be alloyed that the taxes for the non-payment of which
the sale was mado were not in arrears, the party making
such allegations must establish the truth ‘thereof by proving
that the taxes were paid.

40. In case that any real estate, struck off to the city as
hereinbefore provided, shall not be redeemed within the time
specified, the city auditor, or such officer as may be desig-
nated by the city council, 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 bas not
been redeemed, and thereupon the said corporation, or tleir
assiynees, shall require an absolute title to the same in fee.
The said certificate may be 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 proceed-
ings prior thereto.

CHAPTER V.
Police and Fire Departments.

41. The police department of the city of Portsmouth shall
be under the general control and management of police com-
miss:oners thereof, who shall consist of the mayor and four
discrect citizens, qualified voters of said city, who shall be
appointed by the judge of the corporation or hustings court
of said city, at the January term of said court, for the year
eighteen hundred and eighty-three, and every two years
thereafter, and shall constitute a board of police commission-
ers for said city, of which board the mayor shall be presi-
dent, and shall have a casting vote. Any three of said com-
missioners shall form a quorum for transacting business,
except the appointment or dismissal of members of the police
force hereinafter otherwise directed; said board may adopt
rules and by-laws for the gover nment thereof, and also may
establish, promulgate, and enforce proper rules, regulations,
and orders for the good government and discipline of said
police force: provided that said rules, regulations, and orders
shall not, in any way, conflict with any ordinance of the
city council, or any of the provisions of this act, or the con-
stitution and Jaws of this state or of the United States.

42. The said police commissioners, after taking the oath of
office as such commissioners, shall meet at the office of the
mayor, or other suitable place, at such time as may be expe-
dient, and as they shall, from time to time, designate, and on

mpecial occasions as the mayor may, in writing, appoint.
hey shall perform the duties of said office without any

compensation, reward, or salary therefrom from said city.

43. It shall be the duty of said police commissioners to
select from among the electors of said city, and by a vote of
at least three-fifths of said board, appoint by warrant of
appointment, bearing the signatures of said commissioners,
to be immediately filed with the city clerk, so many perma-
nent policemen, officers, and patrolmen, as may be authorized
by the city council; and said board shall also appoint one
chief of police, through whom said board may promulgate
all rules, regulations, and orders to the whole force, and who
shall have immediate control and direction of said force, sub-
ject, however, at all times to the rules, regulations, and
orders of said board and to the orders of the mayor: pro-
vided that the orders of the said single commissioner do not
conflict with the rules, regulations, or orders of said board
then in force; and said chief and each policeman of said
police force, appointed in manner as aforesaid, may hold his
respective office during the term of good behavior, or until
the said board, by the unanimous vote of its members, shall
remove him; but in case of misconduct on the part of such
chief or any member of said police force, then he may be
removed by the decision of a majority of said board as here-
inafter provided.

44. In times of exigency the said commissioners, or a
majority of them, or any one of them, if the others be absent
from the city or unable to act, may appoint temporarily,
without authority from the city council, a suitable number
of additional policemen for such time as shall appear neces-
sary, not, however, to extend beyond the time of the next
meeting of the city council.

45. The mayor at any time, upon charges being preferred,
or upon finding such chief or any other member of said
police force guilty of misconduct, shall have power to sus-
pend such member from service until the board of commis-
sioners shall convene and take action in the matter: provided,
however, that such member shall not remain so suspended
lor a longer period than thirty days, without having an
opportunity of being heard in his defence; and upon hearing
the proofs in the case, a majority of said commissioners may
jischarge or restore said member; and the pay or salary of
uch member shall cease from the time of suspension to the
time of restoration to service, unless otherwise ordered b
said board of commissioners in their written decision, whic
shall be filed with the city clerk; and any violation of the
rules, regulations, or orders of said board, or any superior,
hall be good cause for dismissal.

46. The salary of said chief and policemen shall be deter-
nined by the city council, and all bills of expense on account
of the police department shall be audited by at least three of
she said police commissioners.
47. The said chief of police, and every policeman, duly
appointed as aforesaid, shall have issued to him a warrant of
appointment, signed by the president of the board and coun-
tersigned by the city clerk, stating the date of his appoint-
ment, which shall be his commission, and he shall take such
oath and give such bond as the city council may ordain, and
subscribe the same in a book to be kept by the said city clerk
for that purpose.

48. The said chief of police and policemen shall, generally,
have power to do whatever may be necessary to preserve the
peace and good order of said city, and to secure the inhab-
itants from personal violence and their property from loss
and injury. Such number of the said police force as the
board of police commissioners may designate, shall, in crimi-
nal cases, have the same powers and duties, and be subject to
the same penalties that are now prescribed by law as to con-
stables.

49. The said board of commissioners may prescribe such
uniform and badges for the police force as they may deem
proper, and direct in what manner they shall be armed. If
any person other than a policeman shall publicly wear such
uniform and badges as may be prescribed as aforesaid, he
may be subjected to such fine, not exceeding the sum of one
hundred dollars, as the city council may ordain.

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

51. The said board of police commissioners is hereby
authorized and required to make an investigation into the
origin and cause of every fire occurring in said city of Ports-
mouth, and for that purpose said commissioners are hereby
invested with full power to summon before them any person
or persons they may deem proper, to administer oaths to the
same, to compel their attendance, and to examine them con-
cerning said fires, and immediately after such inquisition
they shall report the facts ascertained to the city council.

52. The city council shall have power to ordain and enforce
such rules and regulations as shall be necessary and proper
to prevent accidents by fire within the said city, or to secure
the inhabitants thereof and their property from injury
thereby, and to provide for the organization, equipment, and
government of fire companies in said city, and to purchase
and keep in order hand and steam fire engines and other neves-
sary fire apparatus; also, to appoint and pay the necessary
engineers, firemen, and drivers for said engines. They may,
also, make such ordinances as may be necessary to com pel
citizens to render assistance to the fire companies in case of
need. They may, also, appoint a chief engineer, prescribe
his duty, and fix his compensation, not to exceed one hun-
dred dollars per annum.
53. Whenever any building in the said city shall be on
fire, it shall be the duty of, and be lawful for, the said chief
engineer to order and direct such building, or any other
buildings, which he may deem hazardous and likely to com-
municate fire to other buildings, or any part of such build-
ings, to be pulled down and destroyed, and no action shall
be maintained against any person, or against the said city
therefor. But any person interested in any such building so
destroyed or injured, may, within three months thereafter,
apply to the city council to assess and pay the damages he
has sustained. At the expiration of the three months, if any
such application shall have been made in writing, the city
council shall either pay the claimant such sum as shall be
agreed upon by them and the said claimant for such damages,
or, if nd such agreement shall be effected, shall proceed to ascer-
tain the amount of such damages, and shall provide for the
appraisal, assessment, collection, and payment of the same,
in the same manner as is provided for the ascertainment,
assessment, collection, and payment of damages sustained
by the taking of land for the purposes of public improve-
ment.

54. The commissioners appointed to appraise and assess
the damages incurred by the said claimant, by the pulling
down or the destruction of such building or any part thereof,
by the direction of the said officer of the city, as above pro-
vided, shall take into account the probability of the same
having been destroyed or injured by fire if it had not been
so pulled down or destroyed, and may report that no damages
should equitably be allowed to such claimant. Whenever a
report shall be made, and finally confirmed, in said proceed-
ings for appraising and assessing the damages, a compliance
with the terms thereof by the city council, shall be deemed a
full satisfaction of all said damages of the said claimant.
But any party feeling aggrieved thereby may appeal to the
circuit court for the city of Portsmouth, which court, in
taking jurisdiction thereof, shall be governed by the laws
regulating the assessment of damages to real estate in other
cases.

CHAPTER VI.
The Judiciary.

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

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

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

58. There shall be elected by the qualified voters of the
city of Portsmouth, on the fourth Thursday in May, eighteen
hundred and eighty-two, and every two years thereafter, one
high constable, who shall hold his office for the term of two
years, and until his successor is elected and qualified, unless
sooner removed from office. He shall give bond, with sure-
ties to be approved by the judge of the corporation or hus-
tings court, in the penalty of not less than five thousand
dollars, payable to the commonwealth of Virginia, and con-
ditioned for the faithful performance of his duties; said bond
to be filed in the office of the clerk of said court. He shall
perform such duties, have such powers, and be subject to
such penalties as are now or hereafter may be prescribed by
the laws in reference to constables in the various counties
and corporations of this commonwealth. Said high consta-
ble may appoint one or more deputies to attend to and exe-
cute the duties of his office, but the sureties on the bond of
said high constable shall be equally liable for the acts of the
said deputy or deputies as for those of the principal.

59. There shall be elected by the qualified voters of each
ward in the city of Portsmouth, on the fourth Thursday in
May, eighteen hundred, and ecighty-three, and every two
years thereafter, as many justices of the peace as there are
councilmen elected for said ward, who shall be residents of
the ward from which elected, and shall hold office for the
term of two years, unless sooner removed from office, and
until their successors shall be elected and qualified.
60. There shall be one city treasurer, one collector of city
taxes, one commissioner of the revenue, one city surveyor,
one city auditor, one city clerk, one city attorney, one keeper
of the almshouse, one physician of the almshouse (who shall
also be health officer), one street inspector, one clerk of the
market, one wood measurer (who shall also be weigher of hay
and gauger of liquors, and seller of weights and measures),
one keeper of the cemeteries, and one sanitary inspector, all
of whom shall be elected by the qualified voters of the city
of Portsmouth, at such times as herein provided, and in such
manner as prescribed by law, or as may hereafter be pre-
scribed by the general assembly.

61. The council of the city of Portsmouth may fix, pre-
acribe, and regulate tne salaries of the judge of the corpora-
tion or hustings court, clerk of said court, city sergeant, the
commonwealth’s attorney, the high constable, the superin-
tendent of public schools, employees of the fire department,
and all other officers and employees of the said city, save
and except the police department: provided, however, that
the portions paid by the city of the salary or pay of said
judge, clerk of the court, cily sergeant, commonwealth’s
attorney, high constable, superintendent of public schools,
employees of the fire department, and all other officers and
employees of said city, shall not be less than the amounts
allowed and paid the same on the first day of January, eigh-
teen hundred and eighty-two, nor moro than twenty-five per
centum additional thereto.

62. The council may take from any of the officers ap-
pointed or elected under this act, bonds with sureties, in such
penalties as to the council may seem fit, payable to the city
by its corporate name, with conditions for the faithful per-
formance of their dutics, save when it is otherwise provided
for in this act.

63. The parties to bonds taken in pursuance of this act,
their heirs, devisees, executors, and administrators, shall be
subject to the same proceedings on said bonds for enforcing
the terms and conditions thereof, by motions or otherwise,
before the circuit court for the city of Portsmouth, or the
corporation or hustings court of said city, or any other court
held in said city, which may succeed to their civil common
law jurisdiction, that collectors of the county levy and their
sureties are, or shall be, subject to on their bonds for enforc-
ing the payment of the county levies.

64. The city treasurer shall give bond, with sureties, in the
penalty of not less than thirty thousand dollars, said bond to

e approved by the city council, and filed in the office of the
city clerk.
65. The city collector shall give bond, with sureties, to be
approved by the city council, in the penalty of not less than
thirty thousand dollars, said bond to be filed in the office of
the city clerk.

66. The commissioner of the revenue shall give bond, with
sureties, to be approved by the city council, in the penalty of
not less than two thousand dollars, said bond to be filed in
the office of the city clerk.

67. The city auditor shall give bond, with surety, to be
approved by the judge of the corporation or hustings court
of said city, to the amount of not less than ten thousand dol-
lars, said bond to be filed with the clerk of said court. The
said auditor shall open and keep, in a neat and methodical
manner, a complete set of books, under the direction of the
city council, wherein shall be stated, among other things, the
appropriation for the year for each distinct object and branch
of expenditure, and also the receipts from each and every
source of revenue, so far as he can ascertain the same. Said
books, and all papers, vouchers, contracts, bonds, receipts, and
other things kept in said office, shall be subject to the exam-
ination of the mayor, the members of the city council, or
any committee therefor. Said auditor shall hold his office in
such place as shall be designated and prescribed by the city
council.

68. The said auditor shall have power to examine all
accounts, claims, and demands for or against the said city,
when required so to do by the city council ; and whenever
any account, claim, or demand, as above mentioned, shall be
found by said auditor to be correct, he shall certify the same
to the city council. He shall issue his warrant, and the

resident shall countersign the same, for all bills approved
y the said city council, and certified to him by said clerk of
said council.

69. All money found to be due and payable by the said
auditor to any person, shall be drawn by the said auditor by
warrant on the treasurer, countersigned by the president of
the council, stating the particular fund and appropriation to
which the same is chargeable, and the person to whom pay-
able; and no money shall be drawn from the treasury except
upon the warrant as aforesaid.

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

71. The bonds of all city officers shall be made payable to
the city of Portsmouth by its corporate name.
72. The duties of all city and municipal officers shall be
the same as prescribed by this act, or when not herein pre-
scribed shall be the same as now prescribed by law and the
city ordinances.

73. The act approved March eleventh, eighteen hundred
and seventy-three, entitled an act to provide a new charter
for the city of Portsmouth, and all acts amendatory thereof
snd supplemental thereto, and all acts and parts of acts, and
city ordinances, in conflict with this act, are hereby repealed ;
and all acts and parts of acts, and all city ordinances not in
conflict with this act, are to remain in full force and effect.

74. This act shall be in force from its passage.
JOINT RESOLUTIONS

PASSED BY THE

NERAL ASSHM BI

OF THE

STATE OF VIRGINIA

DURING THE

EXTRA SESSION OF 1882.

RICHMOND:
| WALKER, SUPERINTENDENT PUBLIC PRINTI2
ACTS AND JOINT RESOLUTIONS.