CHAP. 108.—An ACT to amend and re-enact sections 27, 36, 41, 45, 46 and
47 of an act approved March 12, 1908, and entitled an act to amend
and re-enact sections 27, 34, 36, 41, 45, 46, and 47 of an act of the
general assembly of Virginia, approved March 14, 1906, entitled, an
act to amend and re-enact an act of the general assembly of Virginia,
in force January 21, 1884, entitled, an act providing a charter for
the city of Norfolk, and repesling the existing charter, approved
April 21, 1882, as amended by the several acts of the general assem-
bly of Virginia, approved, respectively, April 6, 1887, April 28, 1887,
Mav 14, 1887, February 14, 1900, February 21, 1900, February 26,
1900, February 2, 1901, February 15, 1901, and March 15, 1902, and
to define the boundaries of the said city of Norfolk as extended by
the several acts of the general assembly and approved April 6, 1887,
February 22, 1890, and March 14, 1902, and by an order of the circuit
court of Norfolk county which was entered on the 9th day of Janu-
ary. 1906, and add an independent section thereto to be known as
section 33-a; and to repeal an independent section of said act known
as section 33-a. (H. B. 155.)

Approved March 4, 1916.

1. Be it enacted by the general assembly of Virginia, That
sections twenty-seven, thirty-six. forty-one, forty-five, forty-
six, and forty-seven, of an act of the general assembly of Vir-
ginia, approved March twelfth. nineteen hundred and eight, and
entitled an act to amend and re-enact sections twenty-seven,
thirty-four, thirty-six, forty-one, forty-five, forty-six and forty-
seven of an act of the general assembly of Virginia, approved
March fourteenth, nineteen hundred and six, entitled: an act to
amend and re-enact an act of the general assembly of Virginia,
in force January twenty-first, eighteen hundred and eighty-
four, entitled an act providing a charter for the city of Norfolk,
and repealing the existing charter, approved April twenty-first,
eighteen hundred and eighty-two, as amended by the several
sects of the general assembly of Virginia, approved, respectively,
April sixth, eighteen hundred and eighty-seven, April twenty-
cighth, eighteen hundred and eighty-seven, May fourteenth,
eighteen hundred and eighty-seven, February fourteenth, nine-
teen hundred, February twenty-first, nineteen hundred, Febru-
ary twenty-sixth, nineteen hundred, February second, nineteen
hundred and one, February fifteenth, nineteen hundred and one,
and March fifteenth, nineteen hundred and two, and to define
the boundaries of the said city of Norfolk, as extended by the
several acts of the general assembly and approved April sixth,
eighteen hundred and eighty-seven, February twenty-second,
eighteen hundred and ninety, and March fourteenth nineteen
hundred and two, and by an order of the circuit court of Nor-
folk county which was entered on the ninth day of January,
nineteen hundred and six, and add an independent section
thereto to be known as section thirty-three a, be, and the same
is hereby amended to read as follows:

Sec. 27. There shall be elected by the qualified voters of the
city of Norfolk on the Tuesday after the first Monday in Novem-
ber, nineteen hundred and seventeen, and quadrennially there-
after, the following officers: One attorney for the Common-
wealth, one commissioner of the revenue, one city treasurer, and
one city sergeant, who shall hold their offices for the term of
four years from the first day of January, ensuing their election,
and until their successors are duly elected and qualified, unless
sooner removed from office.

And there shall be elected by the qualified voters of the said
city of Norfolk on the Tuesday after the first Monday in Novem-
ber, nineteen hundred and twenty-one, and every eight years
thereafter, one clerk of the corporation court of the city of Nor-
folk, and one clerk of the circuit court of the said city of Nor-
folk, whose terms shall begin and end as is now or may be pre-
scribed by the general assembly of this State; provided, how-
ever, that such additional clerks of courts for the said city of
Norfolk as the general assembly may hereafter prescribe shall
be elected by the qualified voters of the said city at such time
and for such terms as may be prescribed by the said general
assembly.

All other officers, whether required by law or ordinance, not
required to be elected by the qualified voters of the said city,.
and all clerks and assistants, authorized by this act to be elected
by the city council, shall be elected by the said council in joint
session; and the election or appointment of all officers, superin-
tendents, chiefs, assistants, heads of departments, or other em-
tloyees, whose election or appointment must be confirmed by
the city council, shall in like manner be acted on by the said
council in ioint session. Such joint session of the city council
shall be held on the first dav of September after each election of
members of the said council, unless that dav shall fall on Sun-
day, in which ease it shall be held on the following Monday, or
as soon thereafter as may be practicable, for the election or con-
firmation of such officers, superintendents, chiefs, assistants,
heads of departments. or other emoloyees as should then be
elected, or whose election or appointment should then be acted
on, and shall adjourn from day to day, Sundays excepted, until
such election or action on elections or appointments shall have
been completed, and a joint session of the said council may be
called at any time by the president of the board of aldermen, or
in case of his refusal to call a joint session or inability from
any cause to do so, then under such rules as may be prescribed
by the said city council in joint session, for the purpose of elect-
ing any officer or other person required to be elected by the city
council, or action upon any nomination, whose election or ap-
pointment must be confirmed by the said council or for any other
purpose for which a joint session of the said council is required.

All joint sessions of the city council shall consist of a quorum
of each branch of the said council, for the election or action
upon the election or confirmation of any such officers, superin-
tendents, chiefs, assistants, heads of departments, or other em-
ployees, and the voting in every such case shall be viva voce,
and any election or confirmation shall require a majority of all
the members present in joint session.

The said city council shall have power to create such offices
and provide for such clerks and assistants as it may deem neces-
sary not inconsistent with this act, or the Constitution and laws
of this State or of the United States.

Sec. 36. In case of a vacancy in the office of city treasurer
or commissioner of the revenue, the city council shall elect a
qualified person to fill the office in which the vacancy occurs for
the unexpired term.

In case of a vacancy in the office of city collector during the
term of the present incumbent, the powers and duties of said
officer shall at once devolve upon the city treasurer.

Sec. 41. The city treasurer, as the collector of city taxes
and other assessments, shall be vested with any or all the powers
which are now or may hereafter be vested in him as collector of
State taxes, and the city council may, in the name of the city,
proceed against him for any failure to perform his duties; and
the city council is authorized and empowered to appoint for the
city of Norfolk, from time to time, a collector of delinquent
taxes, whether head tax or on personal or real estate, who shall
have all the powers for collecting the same which are now or
may be hereafter vested in the treasurer of the city of Norfolk,
for the collection of State taxes. The said council may fix his
duties, powers, compensation, and term of office, a single term,
however, not to exceed two years, and may determine by ordi-
nance what delinquent taxes shall be collected by the said treas-
urer, or by the city collector prior to January first, nineteen
hundred and eighteen, and what by the collector of delinquent
taxes, and it may prescribe the mode of proceeding of the col-
lector of delinquent taxes, the mode of proceeding against him
for failure to perform his duties, and require of him such bond
as it may deem proper.

Sec. 45. The city treasurer, or the city collector until Jan-
uary first, nineteen hundred and eighteen, shall, at the May ses-
sion of the city council each year, or if no session of the said
council be held in the month of May, then at the next session
of the council thereafter, make a report to the said council of
all the real estate in the city delinquent for city taxes assessed
thereon for two years from the date when said taxes become a
lien on said real estate, and the said council shall approve, or
amend and approve, the said list and give the treasurer, or the
city collector, as the case may be, due credit for the amount of
delinquent taxes on the list as approved; and thereupon the said
treasurer, or the city collector, as the case may be, shall, under
the direction of the city council, make sale to the highest bidder
of the said several parcels of real estate so returned and ap-
proved delinquent, or so much thereof as may be necessary for
the taxes assessed thereon, with the interest thereon and such
percentage as it may prescribe for charges, unless the same shall
have been previously paid, at the front door of the court-house
of said city, on the first Tuesday in September, unless otherwise
specially directed by the council, after having published a notice
of the time and place of such sale in one or more of the daily
newspapers published in the said city for at least ten days pre-
vious to such sale, and also in one or more of said daily news-
papers, on some day not more than twenty days previous to such
sale, a list of the several parcels of real estate to be sold, de-
scribing therein each parcel of said real estate as it is described
on the assessment rolls of the year for which it is delinquent,
together with the name of the person to whom each parcel is
assessed, and the amount of the tax or assessment thereon, in-
terest and charges; provided, however, that such real estate as
may already have been sold at any delinquent tax sale under
this charter and shall have been purchased at such sale by the
city, and shall not have been redeemed, shall not be sold at such
sale. Such sale may be adjourned from day to day until com-
pleted.

Sec. 46. On such sale the city treasurer shall execute to
the purchaser a certificate of sale, in which the property pur-
chased shall be described and the aggregate amount of tax or
assessment with charges and expenses specified; provided, how-
ever, that until the termination of his office the city collector
shall execute such certificate of sale; but neither the city treas-
urer nor the city collector shall for himself, either directly or
indirectly. purchase any real estate so sold.

Sec. 47. If at any such sale no bid shall be made for any
parcel of land offered for sale equal to the tax or assessment,
with the interest and charges thereon, then the same shall be
struck off to the city and the city treasurer or the city collector,
as the case may be, shall execute to the city a certificate of sale,
as hereinbefore provided in the case of any other purchaser,
and shall deposit such certificate with the city clerk.

Sec. 33-a. Section thirty-three-a be, and the same is hereby
repealed, and the office of collector of city taxes and levies is
hereby abolished, as of the end of the term of the present incum-
bent, to-wit, December thirty-first, nineteen hundred and sev-
enteen, unless sooner terminated by vacancy, as provided for
in section thirty-six of this act.

2. By reason of the administration of the public affairs of
the city of Norfolk an emergency exists for the passage of this
act and this act is hereby declared to be an emergency act within
the provisions of section fifty-three of the Constitution, and the
same shall be in force from its passage.