Chap. 798.—An ACT to amend and re-enact chapter 2 in relation to the mayor;
sections 6 and 7 of chapter 3 in relation to the common council; sections 2, 8, 9
and 10 of chapter 4 in relation to tinance; scetion 11 of chapter 5 in relation to
the city officers; and to add an independent section, in relation to omitted as-
sessments, to said chapter d of an act entitled, ‘‘An act to provide a charter for
the city of Petersburg,” approved March 11, 1875, as amended by an act ap-
proved April 4, 1877, and by an act approved January 25, 1590.

Approved March 3, 1898.

1. Be it enacted by the general assembly of Virginia, That chapter
two, sections six and seven of chapter three; sections two, eight, nine,
and ten of chapter four; and section eleven of chapter five of an act en-
titled, ‘‘An act to provide a charter for the city of Petersburg,’’ approved
March eleventh, eighteen hundred and seventy-five, as amended by an
act approved April fourth, eighteen hundred and seventy-seven, and by
an act approved January tive nty- fifth, eighteen hundred and ninety, be
amended and re-enacted so as to read us follows:

CHAPTER II.

§ 1. The mayor shall be elected by the qualified voters of the city of
Petersburg for the term of two years, and until his successor shall be
elected and qualified; and no person shall be qualified to hold the office
of mayor except such as shall be qualified to vote and hold office
under the constitution of this state. His salary shall be fixed by the
common council, and he shall receive no other compensation or emolu-
ment whatever, and no regulation diminishing such compensation, after
it has once been fixed, shall be made to take effect until after the expi-
ration of the term for which the mayor then in office shall have been
elected. He shall be the custodian of the city seal.

§ 2. He may hold the mayor's court every day (Sunday excepted)
and shall, by virtue of his office, possess all the jurisdiction, and exer-
cise all the powers and authority of a justice of the peace of said city, in
addition to the powers hereby given to him by virtue of this act, or ‘that
may hereafter be given to him by virtue of any other act of assembly.
He shall also have jurisdiction to try all cases of violation of the ordi-
nances of said city; but whenever the penalty imposed by him exceeds
ten dollars, the person on whom it is imposed may appeal of right from
his Judgment to the corporation or hustings court of said city: provided,
that when such appeal is taken, the appellant shall give good security in
such sum as the mayor may require, to appear before said corporation
or hustings court at the next term desiznated for the trial of civil cases,
and to perform the judgment of said corporation or hustings court. The
verbal acknowledgment of the appellant and his surety taken under this
section shall be sufficient, and the endorsement of the mayor of the same
and the name of the surety upon the warrant on which the judgment is
rendered shall be conclusive evidence of such acknowledgment. The
judgment of said corporation or hustings court shall be final.

§ 3. The mayor may issue process for the arrest of any person charged
with the violation of any ordinance of said city, and require therein that
the offender be brought before the mayor’s court for trial on a day to be
named therein: provided that no such process shall issue unless oath be
made that the affiant verily believes that the person charged is guilty of
such violation. If no such oath be made, the mayor may issue a civil
warrant against the person charged with such violation, and try the same
after five days’ notice to him.

§ 4. He shall communicate to the common council, annually, or as
soon as may be after the commencement of the fiscal year, and oftener,
if he shall deem it expedient, or be required by said council, a general
statement of the situation and condition of the city in relation to its gov-
ernment, finance and improvement, with such recommendations as he
may deem proper.

§ 5. He shall exercise a constant supervision over the conduct of all
subordinate officers, have power and authority to investigate their acts,
have access to all the books and documents in their offices, and may ex-
amine said officers and their subordinates on oath. He shall also have
power to suspend and remove such officers for misconduct in oflice 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 offi-
cer 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 his reasons therefor, to the common
council.

§ 6. In case of the absence or inability of the mayor, the president of
the common council shall possess the powers, and discharge the muni-
cipal duties of the mayor, during such absence or inability, except that
during such absence or inability ; any of the justices of the peace in said
city designated by the mayor, may hold the mayor’s court and shall
possess all the powers and jurisdiction given to the mayor by sections
two and three of this act.

S$ 7. In case a vacaney shall occur in the office of mayor, the common
council shall elect a qualified person to supply the vacancy.

Cuarrer III.

§ 6. The city council shall have, subject to the provisions herein con-
tained, the control and management of the fiscal and municipal affairs
of the city, and all property, real and personal, belonging to the said
city, and may make such ordinances, orders and by-laws relating to the
game, as it shall deem proper and necessary. They shall likewise have
the power to make such ordinances, by-laws, ordersand regulations as
they may deem desirable to carry out the following powers, which are
hereby vested in them:

First. To establish markets in and for said city; prescribe the times
and places for holding the same; provide suitable buildings therefor; and
to enforce such regulations as shall be necessary or proper to prevent
huckstering, furestalling and regrating.

Second. To erect or provide, in or near the city, suitable work-houses,
houses of correction and reformation, and houses for the reception and
maintenance of the poor and destitute. They shall possess and exercise
exclusive authority over all persons within the limits of the city re-
ceiving or entitled to the benefits of the poor laws, and shall regulate
pauperism within the limits of the city, and annually appoint from each
ward two overseers of the poor, who shall discharge their duties as pre-
scribed by law.

Third. To compel persons sentenced to confinement in the jail of the
city, for petit larceny, or other misdemeanors, or violations of the city
ordinances, to work on the public streets or property of the city, or be
sent to the poor-house, there to perform such labor as the overseers of
the poor may direct.

Fourth. To erect and kecp in order all of the public buildings neces-
sary or proper for said city; to open, regulate and ornament public
squares and parks.

Fifth. To provide, within said city, a city prison; and said prison
may contain such apartments as may he necessary for the safe-keeping
and employment of all persons confined therein.

sixth. To establish and enlarge waterworks, gasworks and electric
plants within or without the limits of the said city, and for the location,
extension or enlargement of their said works, the pipes, poles or wires
connected therewith, or any of the fixtures or appurtenances thereof, and
for the supply of water for said city and water power for waterworks,
electric hghting or any other purposes; to contract and agree with the
owner or owners of any land, water or waterpower, including the Upper
Appomattox company, for the use, purchase or lease of the same, or to
have the same condemned in the manner prescribed by chapter forty- -Six
of the code of Virginia in respect to land wanted for the purposes of a
city: provided, that such condemnation of the property of, or of the
water in the canal of, the said Upper Appomattox company, shall be had
only to effectuate any contract oragreement which may be made with
said company, and shall not be such as to prevent said company from
performing its duty as a navigation company; to take its said supply of
water from the Appomattox river at any point at or above said city: pro-
vided said taking shall not be such as to prevent said company from
performing its said duties, and if necessary in order to make such taking
legal, or if deemed advisable by said city, to contract and agree therefor
with all persons claiming any interest in the water in said riv er, or to
have the same condemned in the manner preseribed by chapter forty-
six of the code of Virginia in respect to land wanted for the purposes of
a city. They shall have power to protect from injury by adequate pen-
altics the said works, pipes, poles, wires and fixtures and land, or any-
thing connected therewith, within or without the limits of said city, and
to prevent the pollution of the water in Lieutenant run, the Appomattox
river or any other source of supply, or any branch or stream [lowing
into any of them, by prohibiting the throwing of filth, offensive or dele-
terious matter, or liquid therein, or polluting the same in any other man-
ner above said works within fifteen miles above said works: provided
that where natural drainage of any lands is into the said river, canal or
other source of water supply it shall be the duty of said council to
properly divert such drainave into some other outlet, at the expense of
said city, if they think such diversion proper or necessary, and they may
condemn such land as may be necessary for that purpose.

Seventh. To establish, construct and keep in order, alter or remove
landings, wharves and docks on land belonging to or which may here-
after belong to said city, and to lay and collect a reasonable duty on
vessels coming to and using 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 w harves and landings in
said city. They may also appoint port wardens for the port of said
city, prescribe their duties and fix their fees or compensation: provided,
no salary or compensation shall be paid such port wardens out of the
city treasury.

Eighth. To close or extend, widen or narrow, lay out and graduate,
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 streets oralleys. They may build bridges
over and culverts under said streets, and may prevent or remove any
structure, obstruction or encroachment over or under or in astreet or
alley, or any sidewalk thereof, and may have shade trees planted along
the said streets; and no company shall occupy with its works the streets
of the city without the consent of the council. 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 manifest that they, their officers, agents or servants are
transcending the authority given them by this act, and that the interpo-
sition of the court is necessary to prevent injury that cannot be adequately
compensated in damages.
Ninth. To prevent the cumbering of streets, avenues, walks, public
squares, lanes, alleys or bridges in any manner whatever.

Tenth. To authorize the laying down of street railway tracks, and the
running of horse, electric or other street cars thereon, in the strects of
the city, under such regulations as they may prescribe.

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

Twelfth. To require oil, molasses, vinegar, and spirits of turpentine,
ardent spirits, and wines, in casks, to be gauged and inspected; and may
make such provision for the weighing of hay, fodder, oats, shucks, or
other long forage, as will not be in conflict with the act passed the
twenty-second of March, eighteen hundred and forty-seven, to prevent
the authorities of said city from laying and collecting a tax on the bales
of hay sent by the farmers of the state to said city. They may also pro-
vide for measuring corn, oats, grain, coal, stone, wood, lumber, boards,
potatoes, and other articles for sale or barter.

Thirteenth. 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 and measures to be sealed by the city
sealer, and to be subject to his inspection; and may impose penalties for
any violation of any such ordinance.

Fourteenth. To grant aid to societies or associations for the advance-
ment of agriculture and the mechanic arts; provided such societies or
associations are located in or near the city, or, in the case of agricultural
societies, shall hold their fairs in or near the city; and to provide or aid
in support of public libraries and public schools.

Fifteenth. To secure the inhabitants from contagious, infectious or
other dangerous diseases; to establish, erect and regulate hospitals; to
provide for the removal of patients to said hospitals, who may consent
to be removed, or who may not be provided at their own residences with
necessary accommodations; for the appointment and organization of a
board of health for said city, with the authority necessary for the prompt
and efficient performance of its duties.

Sixteenth. To provide, in or near the city, lands to be appropriated,
improved and kept in order, as places for the interment of the dead, and
may charge for the use of ground in said places of interment, and may
regulate the same; may prevent the burial of the dead in the city, except
in the public burial-grounds; may regulate burials in said grounds, and
may require the keeping and return of bills of mortality of the keepers
or owners of all cemeteries.

Seventeenth. 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 factories and candle
factorics, or the prosecution of any dangerous, offensive or unhealthy
business, trade or employment therein, which may be injurious to the
inhabitants of said city; and to regulate the transportation of coal or
other articles through the streets of the city.

Eighteenth. If any ground in the said city shall be subject to be
covered with stagnant water, orif the owner or owners, occupier or o
cupiers thereof shall permit any offensive or unwholesome substance t
remain or accumulate therein, the council may cause such ground to t
filled up, raised or drained, or may cause such substance to be covere
or to be removed therefrom, and may collect the expense of so doin
from the said owner or owners, occupier or occupiers, or any of then
by distress and sale, in the same manner in which taxes levied upo
real estate for the benefit of said city are authorized to be collected: pri
vided, that reasonable notice shall be first given to the said owners
their agents. In case of non-resident owners, who have no agent in sai
city, such notice may be given by publication for not less than tw
weeks in any newspaper published in said city.

Nineteenth. To direct the location of all buildings for storing gun
powder, or other combustible substances, and to regulate ‘the sale an
use of gunpowder, or firecrackers or fireworks prepared therefrow
kerosene oil, nitro-glycerine, camphene, burning fluid, or other combus
tible material, to regulate or prevent the exhibition of fireworks, th
discharge of firearms, the use of candles or Hivhts in barns, stables, an
other buildings, and ‘to restrain the making of bonfires i in streets an

yards, and the marching of torchlight processions through the publi
streets.

Twentieth. To prevent hogs, dogs and other animals from running a
large in the city, and may subject the same to such confiseations, regu
lations and taxes as they may deem proper; and the council may pre
hibit the raising or keeping of hogs in the city.

Twenty-first. To determine and designate the route and grade of an:
railroad to be laid in said city; to prevent the riding or drivi ing of horse
or other animal at an improper speed; to prevent the running of stean
engines at an improper speed within the limits of said city, and to wholl.
exclude the said engines if they please: provided, no contract or legisla
tive authority be thereby impaired or violated; to prevent the flying o
kites, throwing stones, or the envaging in any ‘employ ment or sports it
the streets or public alleys dangerous or annoying to passengers; and t
prohibit and punish the abuse of animals.

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

Twenty-third. To prevent vice and immorality; to preserve publi
peace and good order; to prevent and quell riots, disturbances, and dis
orderly assemblages; to suppress houses of ill-fame and gaming houses
to prevent lewd and disorderly conduct or exhibitions in the city, and t
expel therefrom persons guilty of such conduct who shall not have re
sided there in as much as one year.

Twenty-fourth. To forbid and prevent the vending or other dispositior
of liquors and other intoxicating drinks to be drunk in any boat, stor
or other place not duly licensed, and to forbid the selling or giving to b
drunk any intoxicating liquors to any child or young person without th
consent of his or her parents or guardian, and for violation of any sucl
ordinance may impose a fine in addition to those prescribed by the law:
of the state.

Twenty-fifth. To prevent the coming into the city, from beyond the
limits of the state, of persons having no ostensible means of support, 01
of persons who may be dangerous to the peace and safety of the city, and
for this purpose may require any railroad company or the captain or
master of any vessel bringing such passengers to Petersburg to enter into
bonds, with satisfactory security, that such person shall not become
chargeable to the city for one year, or may compel such company, cap-
tain or master to take them back from whence they came, and compel
such persons to leave the city if they have not been therein more than
thirty days before the order is given.

Twenty-sixth. To provide for the organization and maintenance of a
fire department for said city, and appoint a chief engineer and assist-
ants, with any and all of the powers which may have been or may be
vested by law in such officers; to make and enforce rules and regulations
for the government of the oflicers and men of the said fire department;
to prescribe what dresses or badges of authority shall be worn by them,
and may impose reasonable fines for the breach of any regulation. They
may make all needful ordinances for the protection of property, and
for that purpose may, from time to time, designate such portions and
parts of said city as it shall think proper, within which no build-
ings of wood shall be erected, and may regulate the manner of con-
struction of all buildings. They may prohibit the erection of wooden
buildings in any portion of the city, without permission obtained from
them, and shall, on the petition of the owner or owners of not less than
one-fourth of the ground included in any square of the city, prohibit the
erection in such square of any building, or addition to any building, un-
less the outer walls thereof be made of Lrick or mortar or some other fire-
proof material, and provide for the removal of any such building or ad-
dition which may be erected contrary to such prohibition, at the expense
of the builder or owner thereof. And if any building shall have been
commenced before said petition can be acted on by the council, or if a
building in progress appear clearly to be unsafe, the council may have
such building taken down, at the exclusive proper cost of the owners of
such. Whenever any building i in the said city shall be on fire, it shall
he the duty of and be lawful for the chief engineer to order and direct
such building, or any other building which he may deem hazardous and
likely to communicate 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 city ‘therefor, but any person interested
in any such building so destroyed or injured may, within three months
thereafter, apply to the common council to assess and pay the damages he
has sustained. At the expiration of three months if any such application
shall be made in writing, the common council shall either pay the said
claimant such gui as shall be agreed upon by them and the said claimant
for damages, or if no such agreement shall be effected, shall proceed to as-
certain the amount of such ‘damaces, and shall provide for the appraisal,
assessment, collection and paviment 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 purpose of public im-
provement. The commissioners appointed to appraise and assess the
damages incurred by the said claimant, by the pulling down or des-
truction of said building or any part thereof, by the direction of the
said officers of the city, as above provided, shall ‘take into account the
probability of the same having been destroved 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 confirmed in the said proceedings for apprais-
ing and assessing the damages, a compliance with the terms thereof by
the common council shall be deemed a full satisfaction of all said dam-
ages to the said complainant. But any party feeling averieved thereby,
may appeal to the hustings or circuit court for the city of Petersburg,
which court, in taking jurisdiction thereof, shall be controlled by the
laws regulating assessinent of damage to real estate in other cases, in all
such cases such court taking into account the probabilities of the damage
of destruction of the property under the circumstances.

Twenty-seventh. To provide for the organization of a police force;
to adopt rules for the government thereof; to promulgate and enforce
such rules, and do all things needful to provide for the good govern-
ment and discipline of said foree; and to elect a regular police com-
mittee and clothe them if adjudged necessary, with full power to rule
and govern said force, subject, however, to the right of the common
council to alter, amend or wholly set t aside the acts and doings of said
committee; to provide that such police force shall wear such uniform
and badges as may be prescribed by the council or comniittee, and to
provide by ordinance such penalties as may be deemed necessary to
inflict upon other persons wearing publicly such uniform or badges.

§ 7. Where, by the provisions of this act, the common council have
authority to pass ordinances or regulations on any subject, they may
prescribe any penalty, not exceeding five hundred dollars (except where
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 excer eding
three calendar months; which penalty may be prosecuted and recovered,
with costs, in the name of the city of Petersburg, in any of the modes
herein provided. And the common council may subject the parent or
guardian of any minor, or the master or mistress of any apprentice, to
any such penalty for any offence committed by such minor or appren-
tice. They may also provide that any police oflicer may detect and
arrest any person violating any of such ordinances or regulations, and
bring him before the mayor for trial.

Cuoarrer TV.

§ 2. For the execution of its powers and duties, the common council
may raise annually by taxes and assessments, in said city, such sums of
money as they may deem necessary to defray the expenses of the same,
and in such manner as they shall deem expedient, in accordance with
the laws of the state and the United States; and may make said taxes
and assessments payable at such times and in such instalments as it may
deem proper, and may add thereto a percentaze not exceeding five per
centum thereon, if such taxes and assessments, or any instalment thereof,
be not promptly paid, and may also charge interest on each instalment
of said taxes and assessments at the rate of six per centum per annum
until paid: provided, however, that they shall impose no tax on any
capital invested in real estate or employed in manufacture outside the
city limits, although the person or persons engaged in said business or
manufacture have a place of business 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 derived; nor upon
the income derived from the rent of real estate, when such real estate is
taxed. Said taxes shall be equal and uniform upon all property, both
real and personal. The capital invested in all business operations shall
be assessed and taxed as other property. Assessments upon all stocks
shall be according to the market value thereof. Section ten hundred and
forty-one of the code-of Virginia shall not be construed to repeal any pro-
vision of this section.

§ 8. There shall be a lien on real estate for the city taxes and agsess-
ments thereon from the commencement of the year for which they were
assessed. The common council may require real estate in said city de-
linquent for the non-payment of taxes and assessments to be sold for the
same only in the months of June, July or August, with interest thereon
at the rate of six per centum per annum, and such percentage as they
may prescribe for non-payment, not exceeding five per centum, and the
expenses of advertising and sale: provided, that no sale of realty for de-
linqguency shall be made until twelve months after the eaid taxcs may
have become due. Such real estate shall be sold and may be redeemed
under the provisions hereinafter made.

§ 9. The collector of delinquent city taxes shall cause to be published,
in one of the newspapers published in the city of Petereburg as many
times as the common council may direct, or in any other manner which
the common council may direct, the first publication to be not more than
twenty days nor less than ten days previous to such sale, a list of the
several parcels of real estate to be sold for non-payment of delinquent
taxes and assessments thereon, and the time and place of sale, and shall
describe therein each parcel of real estate in the same manner as the same
is described in the assessment rolls in which said tax or assessment is
imposed thereon, together with the name of the person and the amount
of the tax and assessment thereon.

§ 10. If such taxes and assessments and the interest and percentage
and expenses of sale aforesaid be not paid previous to the day for which
such sale is advertised, or on some other day immediately thereafter to
which such sale may be adjourned, the collector of delinquent city taxes
shall proceed to make sale accordingly of the said several parcels of real
estate, or so much thereof as may be necessary, to the highest bidder;
and such sale may be adjourned from day to day until it shall have been
completed. After such sale shall have been made the collector of delin-
quent city taxes shall execute to the purchaser of each parcel sold a cer-
tificate of sale, in which the property purchased shall be described as it
appears on the assessment rolls aforesaid, and the aggregate amount of
tax or assessment, with interest, percentage and expenses specified, but
the collector of delinquent city taxes shall not for himself, either directly
or indirectly, purchase any real estate so sold.
§ 11. As soon as the commissioner of the revenue shall have ascer-
tained the value of all the real estate and personal property taxable in
said city, he shall make complete schedules of the same and assess the
city taxes thereon at the rate prescribed for that year and keep them in
his office, open to the inspection and examination of all persons inte-
rested therein. He shall give notice by six days’ publication in one of
the daily newspapers of the city, of the time and place, when and where
such inspection and examination may bemade. Said schedules shall be
kept open for a period of ten days from the time of the first publication
of said notice, so that any person feeling aggrieved by the assessment of
his or her property may appear and make objection thereto. The com-
missioner of the revenue shall hear and consider all objections to said as-
sessments, and shall have power to alter, add to, take from, and other-
wise correct and revise his assessments; and he shall have power to ex-
amine any person on oath as to the value of his personal property, and
also to examine on oath such other persons as witnesses in relation
thereto as he may deem proper, and for that purpose he may administer
oaths and issue process to compel the attendance of witnesses before
him. Any person feeling aggrieved at the decision of said commissioner
of the revenue, may appeal to the common council, whose decision shall
be final. Any person who shall refuse to make, under oath, a full dis-
closure of all the facts necessary to enable said commissioner of the rev-
enue to make a fair and just assessment of his personal taxable property,
when called upon by the said commissioner of the revenue so to do, or
to answer such questions as may be put to him in relation thereto, shall
be assessed a gross sum, in the judgment of the commissioner of the rev-
enue, double the correct assessment of his personal taxable property.

2. And be it further enacted, That said chapter five of the said charter
be further amended by adding thereto the following section, which is
hereby enacted.

§ 12. If the commissioner of the revenue ascertain that any person, or
any real or personal property, or income or salary or license has not been
assessed for taxation by said city for any year, or that the same has been
assessed at less than the law requires for anv year, or that the city taxes
thereon for any cause have not been realized, it shall be his duty to list
the same, and assess the city taxes thereon at the rate prescribed for that
year, adding such percentage thereon as may have been prescribed for
non-payment, and interest at the rate of six per centum per annum,
which assessment shall be turned over to the city auditor, who shall
charge the collector of delinquent city taxes therewith, and deliver the
same to him for collection; and such assessment shall then be a lien on
any real or personal estate on which the assessment is so made.

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