Chap. 371.—An ACT to amend and re-enact sections 3, 14,17, sixth subject of
section 17, 34 and 59 of the charter of the city of Portsmouth, approved March
6, 1882, and section 12 of said charter as amended by an act in force January
28, 1884.

Approved February 23, 1804.

1. Be it enacted by the general assembly of Virginia, That sec-
tions three, fourteen, seventeen, sixth subject of section seventeen,
thirty-four and fifty-nine of the charter of the city of Portsmouth,
approved March sixth, eighteen hundred and eighty-two, and section
twelve of said charter as amended by an act in force January twenty-
eighth, eighteen hundred and eighty-four, be amended and re-enacted
so as to read as follows:

§ 3. The election of members of the council shall be held on the
fourth Thursday in May, eighteen hundred and ninety-five, and on
the fourth Thursday in May, eighteen hundred and ninety-six, and on
the fourth Thursday in May, eighteen hundred and ninety-eight,
and every two years thereafter, as provided by section twelve of this
act. The election of mayor shall be held on the fourth Thursday in
May, eighteen hundred and ninety-four, and every two years there-
after. The election of city treasurer shall be held on the fourth
Thursday in May, eighteen hundred and ninety-four, and every three
years thereafter. The election of the commissioner of the revenue
shall be held on the fourth Thursday in May, eighteen hundred and
ninety-six, and every four years thereafter. The election of the city
surveyor shall be held on the fourth Thursday in May, eighteen hun-
dred and ninety-six, and every four years thereafter. The election
of city auditor shall be held on the fourth Thursday in May, eigh-
teen hundred and ninety-four, and every three years thereafter.
And the election of all other municipal or city officers hereinafter
mentioned, except such as are elected by the council of said city, shall
take place on the fourth Thursday in May, eighteen hundred and
ninety-five, and on the fourth Thursday in May, eighteen hundred
and ninety-eight, and every two years thereafter; and the officers so
elected shall enter upon the discharge of their duties on the first day
of July succeeding their election. And whenever two or more per-
sons are to be elected to the same office, the several persons, to the
number required to be chosen, having the highest number of votes
shall be declared elected.

§ 12. The council of the city of Portsmouth shall consist of nine-
teen members, to be elected from the different wards, as follows:
Four from the first ward, six from the second ward, three from the
third ward, four from the fourth ward and two from the fifth ward.
At the election to be held on the fourth Thursday in May, eighteen
hundred and ninety-five, there shall be elected from the first ward,
two councilmen; from the second ward, three councilmen; from the
third ward, two councilmen; from the fourth ward, two councilmen,
and from the fifth ward, one councilman, who shall hold office for
the term of one year. And at said election there be elected from the
first ward, two councilmen; from the second ward, three council-
men; from the third ward, one councilman; from the fourth ward,
two councilmen, and from the fifth ward, one councilman, who shall
hold office for the term of three years. And at the election to be
held on the fourth Thursday in May, eighteen hundred and ninety-
six, and every four years thereafter, there shall be elected from the
first ward, two councilmen; from the second ward, three council-
men; from the third ward, two councilmen; from the fourth ward,
two councilmen, and from the fifth ward, one councilman. And at
the election to be held on the fourth Thursday in May, eighteen
hundred and ninety-eight, and every four years thereafter, there
shall be elected from the first ward, two councilmen; from the
second ward, three councilmen; from the third ward, one council-
man; from the fourth ward, two councilmen, and from the fifth
ward, one councilman. The councilmen chosen shall, at the time of
their election and during their continuance in office, be residents of
the ward for which they are chosen; they shall be elected by the
voters qualified to vote for councilmen as hereinbefore provided, who
are residents of the respective wards for which such councilmen are
chosen. The qualifications of any person or persons elected as
councilmen shall be adjudged of by the council and determined by
a majority vote thereof.

§ 14. The council shall, at its first regular meeting in July, eigh-
teen hundred and ninety-five, or as soon thereafter as may be prac-
ticable, elect a president and vice-president, who shall continue in
office for the term ending June thirtieth, eighteen hundred and
inety-six; and it shall, at its first regular meeting in July, eigh-
een hundred and ninety-six, or as soon thereafter as may be practi-
able, and every two years thereafter, elect a president and vice-
resident. The president and vice-president shall be members of
he council; and in the absence of the president, or his inability to
erve, the vice-president shall have all of the powers conferred by
aw upon the president. The president shall preside at the meetings
f the council; and when from any cause the president and vice-
resident shall be absent, the council may appoint a president pro
empore, who shall preside during such absence. The president,
'ice-president or president pro tempore, who shall preside when the
yroceedings of a previous meeting are read, shall sign the same.
‘he president shall have power at any time to call a meeting of the
ouncil, and in case of his absence, sickness, disability or refusal,
he council may be convened by the order, in writing, of any three
nembers of the council.

§ 17. The council shall have, subject to the provisions herein con-
ained, the control and management of the fiscal and municipal
.ffairs of the city, and of all property, real and personal, belonging
xxclusively to said city, as now provided by law, and may make such
yrdinances, orders and by-laws relating to the same as it shall deem
proper and necessary, but shall rent, sell, lease or otherwise dispose
of no property or franchise of the city without advertising the same,
for at least ten days, in one or more newspapers published in said
city, or in the city of Norfolk. It shall likewise have the power to
make such ordinances, by-laws, orders and regulations as it may
deem desirable to carry out the following powers, which are hereby
vested in it:

Sixth. 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 it may
make or construct sewers or ducts through the streets or public
grounds of the city, and through any place or places whatsoever ; it
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; it
may build bridges in and culverts under said streets and alleys, 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 it shall
have the power to ordain and enforce such ordinances, rules and
regulations respecting the same, or any of them, as shall be proper
for the health, interest or convenience of the inhabitants of said
city. Inthe mean time, 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 its work, unless it be manifest that
the council, its officers, agents or servants are transcending the au:
thority given by this act and that the interposition of the court i
necessary to prevent injury that cannot be adequately compensated ir
damages.

§ 34. The collector of city taxes shall, under the direction of the
city council, cause to be published in one or more newspapers pub:
lished in said city or in the city of Norfolk, not more than twenty
days nor less than ten days previous to such sale, a list of the sev-
eral 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
manner 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.

§ 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 ninety-five, one justice of the peace, who shall hold
office for the term of three years; and there shall be elected by the
qualified voters of each ward in said city, on the fourth Thursday
in May, eighteen hundred and ninety-eight, and every two years
thereafter, one justice of the peace. They shall be residents of the
ward from which elected, and shall hold office for the term of two
years, and until their successors shall be elected and qualified.

2. All acts or parts of acts in conflict herewith are hereby repealed.

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