Chap. 330.—An ACT to amend and re-enact sections 2, 3, 4, 5 and 7 of chap-
ter 1 of an act to provide a charter for the city of Petersburg, approved
March 11, 1875, to amend and re-enact chapters 2, 3 and 5 of said act,
as amended by subsequent acts, and to amend and re-enact sections 4
and 5, and to repeal section 7 of chapter 6 of said act.

Approved March 17, 1910.

1. Be it enacted by the general assembly of Virginia, That sections
two, three, four, five and seven of chapter one of an act to provide a
charter for the city of Petersburg, approved March eleventh, eighteen
hundred and seventy-five, and chapters two, three and five of said act, as
amended by subsequent acts, and sections four and five of chapter six of
said act, be amended and re-enacted so as to read as follows:

CHAPTER I.

§2. The administration and government of said city shall be vested
in one chief executive officer to be styled the mayor; a council, composed
of two branches having a different number of members, to be called, re-
spectively, “the common council,” and the “board of aldermen,” and in
such other boards and officers as are hereinafter provided for.

§3. The wards of the city shall remain as at present defined until
changed in the manner prescribed by law.

§4. The mayor and members of the council, before entering upon
the discharge of their duties shall be respectively sworn in accordance
with the Constitution and laws of this State. Such oaths may be admin-
istered by any person authorized to administer oaths, and a certificate
of such oaths being taken, together with the oath subscribed, shall be
filed with the clerk of the common council, and shall be preserved by
him.

§5. Every other person elected or appointed to any office under this
act, or under any law or ordinance of said council, except such are re-
quired to qualify before the hustings or corporation court of said city,
shall, before he enters upon the duties of his office, take and subscribe
the oath prescribed by the law of Virginia, and such other oaths as may
be required by the council. Such oaths may be taken before any person
authorized by law to administer oaths, and a certificate of the same, to-
gether with the oaths subscribed, shall be filed with the clerk of the
common council, who shall preserve the same.
§7. In the event of the death, resignation or removal of any officer,
whose election or appointment is provided for by this act, the vacancy in
said office shall be filled under and by virtue of the terms of this act.
And all elections in the city of Petersburg for the officers of said city
and members of the council thereof, shall be held only under and by
virtue of the Constitution and laws of this State, and the terms of
this act.

Cuapter IT.

Mayor.

§1. On the second Tuesday in June, nineteen hundred and twelve,
and every four years thereafter, the mayor shall be elected by the quali-
fied voters of the city of Petersburg for the term of four years. He shall
go into office on the first day of September succeeding his election, and
shall continue to discharge the duties of his office after his term of
service has expired until his successor has 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 council, and he shall receive no other compensation
or emolument whatever; and no regulation diminishing such compensa-
tion, after it has once been fixed, shall be made to take effect until after
the expiration of the term for which the mayor then in office shal] have
been elected. He shall be the custodian of the city seal.

82. He shall, by virtue of his office, possess all the jurisdiction and
exercise 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; but he shall receive no fees for his services as justice of the

eace.

§3. It shall be his duty to communicate to the 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
government, finance and improvement, with such recommendations as he
may deem proper.

§4. The mayor shall see that all the duties of the various city officers,
members of the police and fire department, whether elected or appointed
in and for such city, are faithfully performed. He shall have power to
investigate their acts, have access to all books and documents in their
offices, and may examine them and their subordinates on oath. The
evidence given by persons so examined shall not be used against them in
any criminal proceedings. He shall have power to temporarily suspend
such city officers and the members of the police and fire departments
until the offense with which he is charged can be investigated, and to
remove such city officers, 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 officer complained of,
and an opportunity afforded him to be heard in person, or by counsel,
and to present testimony in his defense. On the removal or suspension
of such officer or officers the mayor shall report the same, with his rea-
gons therefor, to the council. From such order of suspension or re-
moval the city officer so suspended or removed shall have an appeal of
right to the corporation court, or if there be no such court, to the circuit
court of the city, in which court the case shall be heard de novo by the
judge thereof, whose decision shall be final. He shall have all other
powers and duties which may be conferred and imposed upon him by
general laws.

§5. In case of the absence or the inability of the mayor, the presi-
dent of the board of aldermen, and in his absence the president of the
common council, shall possess the same powers and discharge the muni-
cipal duties of the mayor during such absence or inability.

§6. In case a vacancy shall occur in the office of mayor, the council
in joint session shall elect a qualified person to supply the vacancy until
the end of the term, or until the next election of members of the council,
whichever shall first happen. In the latter case, the person elected
mayor at such election shall go into office upon his election and qualifi-
cation, and serve for the unexpired term, and thereafter until his suc-
cessor has qualified.

Cuapter ITT.

The Council.

§1. The common council shall be composed of not less than eight
nor more than thirty members, and the board of aldermen shall be com-
posed of not less than four nor more than sixteen members. The mem-
bers of each branch of the council shall be residents of their respective
wards and qualified to vote therein, and shall be elected by the qualified
voters of such wards. As far as practicable each ward shall have equal
representation in each branch of the council in proportion to the popu-
lation of such ward. The members of each branch of the council shalb
be elected for a term of four years; and those now in office shall con-
tinue in office until their respective terms shall expire: provided, that all
elections to fill vacancies shall be for the unexpired term: and provided
further, that whenever there shall be a reapportionment of the repre-
sentation in the council among the wards, the terms of all the members of
the council then in office shall expire on the thirty-first day of August of
the following year, and the members of the council representing the
wards thus reapportioned, shall be elected on the second Tuesday in
June of such following year, and their terms of office shall begin on the
first day of September succeeding their election; and upon the assem-
bling of the council first elected after such reapportionment, the members
of each branch thereof shall be divided into two classes, to be determined
by lot, and the term of the members of the first class shall be two years,
and that of the members of the second class shall be four years, and
thereafter the terms of all the members of each class shall be four years,
so that one-half of the members of each branch shall be elected every two
years: and provided further, that if the total membership of either
branch shall be uneven, provision shall be made by ordinance, in such
division into classes for the assignment of the odd member to one of
such classes.

It shall be the duty of the council to provide by ordinance the num-
ber of members which each branch shall have, whenever such reappor-
tionment of representation is made, so that the same shall not be more
than the maximum nor less than the minimum number herein provide
for. No one ward shall exceed any other ward in population by mor
than three thousand inhabitants: provided, that the number and appo!
tionment of such members under the ordinance now in effect shall con
tinue until a reapportionment be made as provided by law.
No member of the council shall be eligible during his tenure of offic
as such member, or for one year thereafter, to any office to be filled b.
the council by election or appointment.
§2. When any vacancy shall occur in either branch of the council
by death, resignation or removal from the ward, failure to qualify o
from any other cause, the branch in which such vacancy occurs shall elec
a qualified person to supply it for the unexpired term.
§3. Each branch of the council shall elect one of its members to ac
‘as president, who shall preside at all meetings and céntinue in office tw
years, unless elected to fill a vacancy, when the election shall be for the
unexpired term. Each branch shall also elect one of its members to bi
vice-president, who shall. preside at such meetings in the absence of the
president, and who, when the president shall be absent from the city 01
unable to perform the duties of his office by reason of sickness or othe
cause, shall perform any and all duties required of or intrusted to suct
president under any provision of this chapter. When, for any cause,
both the president and vice-president shall be absent from any meeting,
a president pro tempore shall be elected by that branch in which such
absence may occur, who shall preside during the absence of the president
and vice-president. The president, vice-president or president pro tem-
pore who shall preside when the proceedings of a previous meeting are
read, shall sign the same. The president of either branch, or the vice-
president, when authorized as above stated, to act for the president,
shall have power at any time to call a meeting of his branch of the
council ; and, in case of absence, sickness, disability or refusal to act of
both the president and vice-president of either branch of the council, it
may be convened by the order in writing of three members of said
branch. The president, vice-president or president pro tempore when
acting as president shall in addition to his vote on all questions before his
branch of the council, have, in the event of a tie in said branch, the
right to give a second or casting vote. .
$4. Each branch of the council shall have authority to adopt such
rules and to appoint such officers and clerks as it may deem proper for
the regulation of its proceedings, and for the convenient transaction of
pusiness, to compel the attendance of absent members, to expel a member
‘or malfeasance, misfeasance or nonfeasance in office. Each branch of
he council shall keep a journal of its proceedings, and its meetings shall
ye Open, except when by a recorded vote of two-thirds of those members
resent, it shall declare that the public welfare requires secrecy. The
ouncil or either branch of the council, or any of its committees, when
juthorized by said council or branch, the police commission, the fire com-
nission and the board of overseers of the poor, may each, in any investi-
ration before them, respectively, within their respective powers and
luties, order the attendance of any person as a witness, and the produc-
ion by any person of all proper books and papers. Any person refusing
r failing to attend or to testify, or to produce such books and nanore
may be summoned by such investigating body before the police justice,
or in case there is no police justice, before the mayor, or a justice of the
peace of the city, and upon failure to give a satisfactory excuse, may be
fined by him not exceeding twenty dollars, or imprisoned not exceeding
thirty days, such person to have the right of appeal, as in case of misde-
meanor, to the hustings or corporation court of the city. Such witness
may be sworn by the officer presiding at such investigation, and shall be
liable to prosecution for perjury for any false testimony given at such
investigation.

85. A majority of the members of the council, or of either branch,
shall constitute a quorum for the transaction of business. No ordinance
or resolution having the effect of an ordinance shall become effective
unless passed by both branches. An ordinance or resolution having the
effect of an ordinance may originate in either branch to be approved or
rejected by the other, or may be amended by either, with the concur-
rence of the other. No vote shall be reconsidered or rescinded at any
special meeting, unless at such special meeting there be present as large a
number of members as were present when such vote was taken. No ordi-
nance or resolution appropriating money exceeding the sum of one hun-
dred dollars, imposing taxes, or authorizing the borrowing of money,
shall be passed, except by a recorded affirmative vote of a majority of all
the members elected to the council or to each branch thereof; and in
«ase of the veto by the mayor of such ordinance or resolution, it shall
‘require a recorded affirmative vote of two-thirds of all the members
elected to the council, or to each branch thereof, to pass the same over
‘such veto in the manner provided in this section. No ordinance or reso-
lution appropriating money exceeding the sum of one thousand dollars,
imposing taxes, or authorizing the borrowing of money, shall be passed
by the two branches on the same day, neither shall the branch in which
any such ordinance or resolution is proposed, pass the same on the day of
its introduction, nor shall any such ordinance or resolution be valid
unless at least three days intervene, counting a Sunday, if one should
intervene between its passage, by the said branches respectively. The
vote on any such ordinance or resolution shall be taken in each branch by
yeas and nays, and shall be entered on the journal, and the affirmative
vote of a majority of the members elected to each branch shall be neces-
sary to its passage.

§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 same
as it shall deem proper and necessary. 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
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 te prevent
huckstering, forestalling and regrating. .

Second. To erect or provide, in or near the city, suitable work-
houses, houses of correction and reformation, and houses for the recep-
tion and maintenance of the poor and destitute. They shall possess and
exercise exclusive authority over all persons within the limits of the city
receiving or entitled to the benefits of the poor law, and shall regulate
peuperism within the limits of the city, and every four years appoint
from each ward two overseers of the poor, whose terms of office shall be
four years, and who shall discharge their duties as prescribed by the
general laws of the State, and the ordinances of the city concerning the

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

Fourth. To erect and keep in order all of the public buildings neces-
sary or proper for said city; to open, regulate and ornament public
squares and parks, and to provide separate parks for white persons and
colored persons, and to exclude each from the park provided for the
other ; to provide armories and drill halls for, and to grant aid to, any
cempany or companies of the State militia located in said city; and to
erect buildings within the city for the assemblage of the people.

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

Sixth. To establish and enlarge water-works, gas-works, 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 the said city and water power for water-works,
electric lighting or any other purposes; to contract and agree with the
owner or owners of any land, water or water power, 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 law, in respect to
land wanted for the purposes of the city: provided, that such condemna-
tion of the property of or of the water in the canal of the said Upper Ap-
pomattox Company shall be had only to effectuate any contract or agree-
ment which may be made with said company, and shall not be such as to
prevent said company from performing its duties as a navigation com-
pany ; to take its said supply of water from the Appomattox river at any
point at or above said city: provided, 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 river, or to have the same condemned in the manner
prescribed by law in respect to land wanted for the purposes of a city.
They shall have the power to protect from injury by adequate penalties
the said works, pipes, poles, wires and fixtures and land, or anything
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 flowing
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 drainage into some other outlet, at the expense of
said city, if they deem 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 hereafter
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 wharves and landings, wharves
and docks on land belonging to or which may hereafter 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 wharves 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.

Kighth. 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 or alleys. 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 a street or
alley, or any sidewalk thereof, and may have shade trees planted along
the said street; 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 interposition of the
court is necessary to prevent injury that cannot be adequately compen-
sated 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 streets of
the city, under such regulations as they may prescribe.

Eleventh. To regulate and prescribe the breadth of the tires upon
the wheels of wagons, carts and vehicles of heavy draft used upon the
streets of said city: provided, however, that this section shall not apply
to vehicles 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 provisions 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 au-
thorities 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 provide 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. It shall be lawful for any fiduciary
holding money for the purpose of maintaining or keeping in good order
any plot, or part of the plot of ground, in any such place of interment of
the dead, owned by the city, to pay the same over to the city for such
purposes, provided the city will accept it.

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 slaughterhouses, soap factories,
and candle factories, 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.

Fighteenth. If any ground in the said city shall be subject to be
covered with 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 to be removed therefrom, and may collect the expense of so doing
from the said owner or owners, occupier or occupiers, or any of them by
distress and sale, in the same manner in which taxes levied upon real
estate for the benefit of said city are authorized to be collected: provided,
that reasonable notice shall be first given to the said owners or theit
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.

Nineteenth. To direct the location of all buildings for storing gun-
powder, or other combustible substances, and to regulate the sale and use
of gunpowder, or firecrackers or fireworks prepared therefrom, kerosene
oil, nitroglycerin, camphene, burning fluid or other combustible mate-
rial; 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, and
the marching or torch-light processions through the public streets.

Twentieth. To prevent hogs, dogs and other animals from running
at large in the city, and may subject the same to such confiscation, regu-
Jations and taxes as they may deem proper, and the council may prohibit
the raising or keeping of hogs in the city.

Twenty-first. To determine and designate the route and grade of any
railroad to be laid in said city; 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: provided, no contract
or legislative authority be thereby impaired or violated; to prevent the
flying of kites, throwing stones or the engaging in any employment or
eports in the streets or public alleys dangerous or annoying to passen-
gers; and to 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 public
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 to
expel therefrom persons guilty of such conduct who shall not have resided
therein as much as one year.

Twenty-fourth. To forbid and prevent the vending or other dispo-
sition of liquors and other 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 parents or guardian, and for violation of any
such ordinances may impose a fine in addition to those prescribed by the
laws 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, or
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
bond, with satisfactory security, that such persons shall not become
chargeable to the city for one year, or may compel such company, captain
or master to take them back from whence they came, and to compel such
persons to leave the city if they have not been therein more than thirty
days before the order is given.

Twenty-sixth. They may make all needful ordinances for the protec-
tion 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
10 buildings of wood shall be erected, and may regulate the manner of
‘onstruction 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
yne-fourth of the ground included in any square of the city prohibit the
srection in such square of any building, or addition to any building, un-
less the outer walls thereof be made of brick or mortar or some other
fire-proof material, and provide for the removal of any such building, or
addition which may be erected contrary to such prohibition, at the ex-
pense 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 in the said city shall be on fire, it shall
be 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 destroved ; 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 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 council shall either pay the said claimant
euch sum 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 damages, and shall provide for the appraisal,
assessment, collection and payment in the same manner as is provided for
the ascertainment, assessment, collection and payment of damages sus-
tained by the taking of land for the purpose of public improvement.
The commissioner appointed to appraise and assess the damages incurred
by the said claimant, by the pulling down or destruction of said building,
or any part thereof, by the direction of the said officer, as above provided,
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 claim-
ant. Whenever a report shall be made and confirmed in the said pro-
ceedings for appraising and assessing the damages, a compliance with the
term thereof by the council shall be deemed a full satisfaction of al] said
damages to the said complainant. But any party feeling aggrieved
thereby, may appeal to the hustings or circuit court for the city of Peters-
burg, which court, in taking jurisdiction thereof, shal] be controlled by
the laws regulating assessment of damage to real estate in other cases, in
all such cases such court taking into account the probabilities of the dam-
age from destruction of the property under the circumstances.
Twenty-seventh. To elect, in joint meeting, a board to be known as
the “police commission,” and a board to be known as the “fire commis-
sion,” each to consist of three members, who shall be qualified electors o!
the city. The members of the boards first elected hereunder shall be
elected on the first day of July, nineteen hundred and six, or as soor
thereafter as practicable, for terms of one, two and three years, respec
tively, and thereafter they shall be elected for terms of three years. But
no person shall be elected as a member of either board who shall not re-
ceive the votes of a majority of all the members elected to each branch of
the council. Their terms shall begin on the first day of July in the
year in which they are herein directed to be elected, and they shall con-
tinue in office until their successors are qualified. They shall qualify
within ten days after their election by taking and subscribing the oath
required of other city officers, and filing the same with the city auditor.
If a member of either board shall fail to qualify within that time, the
council, in joint meeting, shall elect another in his place, and all vacan-
cies shall be filled by the council in like manner for the unexpired term.
The respective boards shall elect one of their number president and an-
other secretary, but any two of them shall constitute a quorum for the
transaction of business, and in case of the absence of either its president
or secretary, may elect a president or secretary pro tempore. A member
of either board may be removed for good cause at any time, by the
council, in joint meeting, by the vote in the affirmative of a majority of
all the members elected to each branch thereof; and if any member of
either board is named as an applicant or candidate, or as a proper man
to be supported as a candidate for any office, or to receive such office, the
president of the board of aldermen, or, in his absence, the president of
the common council, on receiving information thereof, shall notify him
of the fact, and if he shall not within ten days thereafter file with the
city auditor a statement in writing, signed by him, that he is neither a
candidate nor applicant for such office, and that he will not serve if
elected or appointed, the council shall, in joint meeting, declare his
place vacant, and fill the same as hereinbefore prescribed.

Each of said boards shall keep a record of its proceedings, and on the
first day of July each year, and oftener if occasion requires, submit to
the council a report of its operations and of the condition of the de-
partment under its control, and its recommendations for the advancement
and efficiency thereof.

In July, nineteen hundred and six, and every four years thereafter,
the police commission, as soon as its members shall have been qualified,
as hereinbefore prescribed, shall elect a police corps for the city, con-
sisting of such officers and patrolmen as are now or may hereafter be
prescribed by the council, whose term of office shall be four years, begin-
ning on the first day of July in the year in which they are herein directed
to be elected, and who shall continue in office until their successors are
qualified. From the patrolmen it shall designate as many sergeants as
the council may prescribe, who may be returned to ranks and others
designated by it whenever and as often as the interests of the service
may, in its judgment, require, and who shall receive a sergeant’s pay, as
prescribed by the council, only while filling the position of sergeant.
The members of the police force shall perform such duties as may be
prescribed by law and the ordinances of the city, and the rules, regula-
tions and orders of the police commission not inconsistent therewith.
The chief of police shall be responsible to the police commission for the
good order and efficiency of the force, and all orders to the other officers
and patrolmen of the force shall pass through him.

In like manner the fire commission shall, in July, nineteen hundred
and six, and every four years thereafter, as soon as its members shal}
have been qualified, elect a chief of the fire department, and such other
cfficers thereof as the council shall from time to time prescribe, whose
term of office shall be for four years, beginning on the first day of July
in the year in which they are herein directed to be elected, and who shall
continue in office until their successors are qualified. It shall also, from
time to time, employ such minute men, at such rate of compensation as
the council may prescribe, for such time as it may think proper, and may,
at any time, discharge them and employ others. It shall have control of
the buildings and apparatus of the fire department, and make regulations
for the use and care thereof.

The members of the fire department shall perform such duties as are
or may be prescribed by law and the ordinances of the city, and the rules,
regulations and orders of the fire commission not inconsistent therewith.
The chief of the fire department shall be responsible to the fire commis-
sion for the good order and efficiency of the department, and all orders
to the other officers and minute men thereof shall pass through him.

The police commission and fire commission may each adopt, promul-
gate and enforce rules, regulations and orders for the organization, gov-
ernment, training and efficiency of the force under its control, not incon-
sistent with the constitution and laws of the State or of the United States,
the ordinance of the city, or the power of the mayor, under the Constitu-
tion of the State, to temporarily suspend a member of either force until
the offense with which he may be charged can be investigated, and to
prescribe what dresses or badges of authority shall be worn by them.
As a punishment for any misfeasance in office or neglect of duty, or the
infraction of any rule, regulation or order adopted for the government or
conduct of the police and fire departments, respectively, or their mem-
bers, the police commission, or the fire commission, as the case may be,
may fine the offending member of the department under its control, not
exceeding twenty dollars, or suspend him not exceeding twenty days, or
remove him from office: provided, he is first given an opportunity to be
present and to be heard touching the charge against him. At such hear-
ing he shall have the right to be confronted with the witnesses against
him, and to introduce evidence in his defense. In case a fine is imposed
it shall be deducted from his pay, and in case of suspension it shall be
without pay during its continuance. In case of suspension or removal
the accused may appeal:of right within five days thereafter to the judge
of the hustings or corporation court, who shall hear the case de novo,
without a jury, in term time or in vacation, and his decision shall he
final. In time of exigency the police commission, or anyone of them, if
the others be absent from the city or be unable to act, may appoint tem-
porarily, without authority from the council, a suitable number of addi-
tional policemen for such time, not exceeding five days as shall appear
necessary, at such compensation as is paid to the regular policemen. The
person so appointed shall be subject to the same government and control
as the regular police force, and shall perform such police duties as may be
assigned to them. The mayor may, by warrant in writing, signed by
him, confer police powers upon the port warden, the clerks of the mar-
kets, the keepers of the parks and cemetery, the watchmen and custodians
of the city reservoirs, the janitor of the courthouse and other public
buildings, and such other officers and employees of the city as shall have
custody of any other of the city’s property, to be exercised with respect
to the property under the charge of the person so appointed.

§?%. Where, by the provisions of this act, the 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 impris-
oned in the jail of said city for any term not exceeding three calendar
months ; which penalty may be prosecuted and recovered, with costs, in the
name of the city of Petersburg. And the council may subject the parent
or guardian of any minor, or the master or mistress of any ap-
prentice, to any such penalty for any offense committed by such minor
or apprentice. They may also provide that any police officer may de-
tect and arrest any person violating any of such ordinances or regula-
tions, and bring him to trial.

§8. All ordinances hereafter passed by the council for the violation of
which any penalty is imposed, shall be published once, at least, in one of
the newspapers of said city, to be designated by the said council. A
record or entry made by the clerk of said council, or a copy of said re-
cord or entry, duly certified to by him, shall be prima facie evidence of
the publication of any such ordinance; and all laws, regulations and
ordinances of the council may be read in evidence 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 council, or from the volume of ordinances printed by the
authority of the council.

§9. The council shall not take, use or damage 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 where
the said city cannot, by agreement, obtain title to the ground necessary
for such purpose, it shall be lawful for the said city to apply to and
obtain from the circuit or corporation court of said city, or to the proper
court having jurisdiction of such matters, if the subject lies without the
city, for authority to condemn the same; which shall be applied for and
proceeded in as provided by law.

810. In every case where a street in said city has been or shall be
encroached upon by any fence, building or otherwise, the 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
removal 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. No encroachment upon any street, however long continued, shalt
constitute an adverse possession to, or confer any rights upon, the person
claiming thereunder as against said city.

§11. 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 subdivision into
lots of any portion of the territory within the corporate 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 portion
of the same. No agreement between, or release of interest by, the persons
owning lands immediately contiguous 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 divest the interest of the
public therein, or the authority of the council over the same.

§12. The city shall not impose any tax or assessment upon abutting
landowners for city or other public local improvements, except for mak-
ing and improving the walkways of then existing streets and improving
and paving then existing alleys, and for either the construction or for the
use of sewers; and the same when imposed shall not be in excess of the
peculiar benefits resulting therefrom to such abutting landowners. For
making and improving 'the walkways of then existing streets, and im-
proving and paving then existing alleys and for the construction of or
for the use of sewers the council may determine what portion, if any,
shall be paid by the abutting landowners: provided, however, that in no
case shall more than one-third of such expense be assessed against the
abutting landowner. Such assessment may be made and enforced in the
manner prescribed by law, and shall be a lien on the abutting lands from
the time when the work of improvement shall have been completed:
provided, that as against the purchaser for value and without notice, such
assessment or tax shall not be a lien, except and until it shall have been
reported to the collector of city taxes, and also reported to the clerk of
the hustings court, who shall record the same in a book to be kept for
the purpose, and provided further, that any abutting landowner shall
have a right of appeal and objection to such assessment in the manner
prescribed by law.

In order to the promotion, protection and preservation of the public
health, the council shall have power and authority to compel the owners
of lands fronting or bordering on any street along which a public sewer
now runs, or shall hereafter run, or along which a private sewer now
runs, or shall hereafter run, which he has the right to use, to connect
their respective premises with such sewer, subject to such rules, restric-
tions and regulations, as the council may prescribe, and may prohibit
the owner or occupant of any such lots to maintain or use surface closets
thereon.

§13. If any person, having been an officer of said city, shall not,
within ten days after he shall have vacated or been removed from office,
and upon notification and request of the clerk of the common council,
or of the authority by whom he was appointed, deliver over to his suc-
cessor 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 any recovered with costs. And all books, records and documents
used in any such office by virtue of any provisions of this act, or of any
ordinance or order of the council, or any superior officer of said city,
shall be deemed the property of said city and appertain to said office, and
the chief officer thereof shall be responsible therefor.

§14. It shall not be lawful for any member of the council, or officer,
or employee of the city, to be a contractor for any public work of the city,
or be interested, either directly or indirectly, in any such contract, dut-
ing the time for which he is elected as a councilman, or elected or ap-
pointed an officer, or engaged as a city employee. Any councilman,
officer or employee violating this section shall, for each offense, be fined
the sum of not less than thirty dollars, and, in addition, if a council-
man, he shall be expelled from the council; if an officer, removed from
office ; and if any employee, shall be discharged from office.

$15. The council shall prescribe the pay of all city officers and em-
ployees; but this section shall not be construed as applying to the Com-
monwealth’s attorney, clerk of the hustings or corporation court, ser-
geant and high constable. ©

§16. The council shall appoint a suitable and proper person, who
shall be the attorney and counselor for the city of Petersburg, who shall
hold his office for the term of four years, unless sooner removed, and
until his successor shall be appointed and qualified. The said council
may prescribe the powers, duties and liabilities of the said city attorney,
and fix his compensation at such an amount as to them may seem fit, to
be paid by the city.

§17. The city treasurer, collector of city taxes, and commissioner
of the revenue, may each appoint one or more deputies, but the sureties
in the bonds of said officers shall be equally liable for the acts of the
deputies as for those of their principals.

§18. The council may elect a superintendent of the water-works, a
register of the water-works, one clerk of the central market, one clerk of
the old market, one keeper of the powder magazine, a keeper of the hay
scales, a keeper of Blandford cemetery, a collector of delinquent city taxes,
and a city engineer, each of whom shall hold office for the term of four
years, unless sooner removed from office, and shall execute such sufficient
bonds and receive such compensation as the council shall prescribe. And
if at any time it shall be adjudged by two-thirds of all the members of
the council, bv vote taken by yeas and nays, and recorded, that the inter-
ests of the city demand the creation of other offices, then such as they
may prescribe may be, by such authority, created; all elections or ap-
pointments to such offices as may be so created shall be either by appoint-
ment of the council or of the judge of the hustings court, or by elections
by the people, as may be prescribed by ordinance passed in like manner:
provided, that if a board is created to have charge of the administrative
affairs of the city, that the members of such board shall be elected by
the people in a manner to be designated by the council by ordinance
properly adopted. And the council may confer such powers and impose
such duties upon the officers hereinbefore mentioned, and upon such
officers as they may create under this section, as they may prescribe ; and
for the proper exercise of their powers and the discharge of their duties,
they may take from them all the necessary and sufficient bonds.

§19. On the first day of July, nineteen hundred and six, or as soon
thereafter as practicable, and every four years thereafter, the council, in
joint session, shall elect members of the board of overseers of th poor,
and all city officers not elected by the people (except the members of the
police commission and the fire commission hereinbefore provided for)
for the term of four years beginning on the first day of July in the year
in which they are herein directed to be elected. The city officers so
elected shall continue in office until their successors are qualified. The
council in joint session shall have power by the affirmative vote of a
majority of all the members elected to each branch thereof to remove
from office for malfeasance, misfeasance, gross neglect of duty, or for
gross incompetency, any officer elected or appointed by it under and by
virtue of the terms of this act, such removal to be deemed a vacation of
office. Where such vacancy occurs, or where a vacancy occurs from any
other cause, in any of said offices, the council in joint session shall fill
the same.

$20. If at any time it appears to the council that there is no necessity
for the election of any officer whose election is by the terms of this act
given to them, said council may abolish the office, but no ordinance
abolishing such office shall take effect until the expiration of the term of
office of the then incumbent.

CHAPTER V.
City Officers.

§1. There shall be one city treasurer, one collector of city taxes, one
commissioner of the revenue, and one city gauger, to be elected by the
qualified voters of the city of Petersburg.

§2. The city treasurer, the collector of city taxes, the commissioner
of the revenue, and the city gauger shall give such bonds, in such penal-
ties, and with such security as the council shall prescribe: provided,
however, that the city treasurer and the commissioner of the revenue
shall, in addition to said bonds, execute such other bonds before the
corporation or hustings court of said city, as under the laws of this State
are required of them.

§3. There shall be elected by the qualified voters of said city, on
Tuesday after the first Monday in November, nineteen hunderd and
five, and every four years thereafter, one collector of city taxes, and one
city gauger, whose terms of office shall be four years, begining on the
first day of January succeeding their election, and who shall continue
to discharge the duties of their respective offices until their successors
have qualified, unless sooner removed from office. They shall perform
such duties and have such powers as are prescribed herein, and as now
and may hereafter be prescribed by the laws of the State and ordinances
of said city. The election and qualification of the collector of city taxes
and city gauger, who were elected on the Tuesday after the first Monday
in November, nineteen hundred and five, and on the Tuesday after the
first Monday in November, nineteen hundred and nine, are hereby con-
firmed and ratified. .

§4. The city treasurer shall be the custodian of all moneys belonging
to the city; shall deposit the same in such bank or banks as the council
shall prescribe; shall keep his office in some place designated by the
council; shall keep his books and accounts in such manner as said
council may require, which books and accounts shall always be open tg
the inspection of the mayor, and any member or committee of the coun-
cil. He shall pay no money except upon the order of the council, or
upon an order of a committee of said council, lawfully drawn in pur-
suance of the ordinances of the city. He shall report to the council at
the end of each fiscal year, and oftener, if required, a full and detailed
account of all receipts and expenditures during that year and the state
of the treasury. He shall keep as a separate fund any special assess-
ment, and the same shall only be used for the purpose for which it was
raised. He shall keep all city moneys separate and distinct from his
own moneys, and he is prohibited from using either directly or indi-
rectly the corporation money in his custody and keeping, for his own use
and benefit or that of any other person or persons whomsoever; and any
violation of this provision shall subject him to immediate removal from
office.

§5. The collector of city taxes shall collect all taxes and assessments
which may be levied by said city, and perform such other duties as may
be herein prescribed or ordained by the council, save so far as in this
act set forth as to the authority and duties of the collector of delinquent
city taxes. The collector of city taxes, and the collector of delinquent
city taxes, shall each keep his office at such place as shall be designated
by the council, and each shall keep in such office such books, vouchers
and accounts as the council may direct and prescribe, all of which shall
be subject to the inspection and examination of the mayor, members of
the council, and of any committee of said council. Each of the said
officers shall make report in writing, under oath, to the city treasurer
weekly, or oftener, if required, as to the amount of all moneys collected
by him, and shall pay the same into the city treasury weekly. At the
end of each fiscal year each shall submit to the council a statement of
all moneys collected by him during the year, and the particular assess-
ment or account upon which collected, also a statement showing the
amount uncollected.

86. The said collectors are respectively expressly prohibited from
keeping the moneys of the city in their hands beyond the time prescribed
for the payment of the same into the city treasury; they shall keep all
city moneys separate and distinct from their own moneys, and they are
prohibited from using either directly, or indirectly, the city’s moneys
in their custody and keeping for their own use and benefit, or for the use
and benefit of any other person or persons whomsoever; and violation
of this provision shall subject them, or either of them, to immediate
removal from office.

§7. It shall be the duty of said collector of delinquent city taxes to
conduct all the proceedings and render all the service necessary to per-
fect the sale and transfer of real estate in said city, when the same shall
be sold or advertised for sale for the non-payment of any tax or assess-
ment imposed by the council as herein provided.

88. The ccmmissioner of the revenue shall perform all duties in rela-
tion to the assessment of property for the purpose of levying the city
taxes, that may be ordered by the council. He shall keep his office in
such place as mey be designated and prescribed by the council, and shall
keep therein such books, schedules an drecords, and in such manner as
the council may direct and prescribe, which books, records and other
papers shall be subject to the inspection and examination of the mayor,
members of the council, or of any committee of said council.

§9. To aid the commissioner of the revenue in his duties, the clerk of
tle circuit and hustings court of said city shall de liver to him such
lists of recorded deeds. wills, and decrees of court as may be necessary
to enable him to make transfer of real estate in said city.

§10. As soon as the said commissioner of the revenue shall have
ascertained the value of all the real estate and personal property taxable
in said city, he shall make complete schedules of the same, and leave
them in his office, open to inspection and examination of all persons
interested therein; and he shall give notice by six days’ publication in
one of the daily newspapers of said city, of the time and place, when and
where such inspection and examination may be made. 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 to make his or her objec-
tion. The said commissioner of the revenue shall hear and consider all
objection which may be made, and shall have power to alter, add to,
take from, and otherwise correct and revise his assessment; and he shall
have power to examine any person on oath, as to the value of his per-
sonal property, and also to examine, under oath, such other persons ag
witnesses in relation thereto, as he may deem proper, and for that pur-
pose 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 council, whose
decision shall be final. Any person who shall refuse to make, under
oath, a full disclosure of all the facts necessary to enable said commis-
sioner of the revenue to make a fair and just assessment of his personaf
taxable property, when duly called upon by 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 revenue, double the correct assessment of his per-
sonal taxable property.

811. 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 any vear, 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 pre-
scribed for non-payment, and interest at the rate of six per centum pen
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.

CHaprer VI.

§4. There shall be elected by the qualified voters of each ward in said
city on the Tuesday after the first Monday in November, nineteen hun-
dred and five, and every four years thereafter, two Justices of the peace,
who shall be residents of their respective wards, for a term of four years
beginning on the first day of January succeeding their election. They
shall continue in office until their successors shall be elected and quali-
fied. They shall qualify by taking the oath prescribed by law, before
the judge of the hustings court of the city, in term time or vacation, or
before the clerk of said court in his office. When such qualification is
before the judge he shall certify the fact to the clerk of said court, and
the certificate shall be entered by the clerk of said court, in the order
book of the court on the law side thereof. When such qualification is
before the clerk in his office, the said clerk shall enter the fact in said
order book.

§5. There shall be elected by the qualified voters of said city on the
Tuesday after the first Monday in November, nineteen hundred and
five, and every four years thereafter, one high constable, for the term of
four years beginning on the first day of January succeeding his election.
He shall continue in office until his successor is elected and qualified,
unless sooner removed from office. He shall take the oath of office pre-
scribed by law, and give bond before the judge of the hustings court, in
term time or vacation, or before the clerk of said court in his office, with
sureties to be approved by the said judge or clerk, in the penalty of not
less than five thousand dollars, payable to the Commonwealth of Vir-
ginia, and conditioned for the faithful performance of his duties. When
qualified and gives bond before the said judge, the judge shall certify
the fact, and the bond and certificate shall be returned to the clerk of the
said court, and the certificate shall be entered by said clerk in the order
book of said court on the law side thereof, and such bond shall be r-
corded by the clerk. When he qualifies and gives bond before such clerk,
said clerk shall enter the fact of such qualification in said order book,
and record the bond, and file the same in his office. The high constable
shall perform such duties, and have such powers, and be subject to such
penalties as. are now or may hereafter be prescribed by law in reference
to constables in the various counties of the State. He may, with the
approval of the said judge, appoint one or more deputies, to attend to
and execute the duties of his office, but the sureties on the bond of the
high constable shall be equally liable for the acts of said deputy, or
deputies, as those of the principal. The high constable shall receive no
compensation out of said city treasury, and no other constable shall be
elected in said city. .

2. Be it further enacted that section seven of chapter six, of the said
act approved March eleventh, eighteen hundred and seventy-five, be,
and it is hereby, repealed.

3. This act shall be in force on and after July first, nineteen hun-
dred and ten.