AN_ A-CT Providinj a Charter for the City of Richimond, approved jfay 24, 1870, as amrended by S lcts' approved July 11, 1870, -d a2/L /dX / tc~ e / /2-t- U A 2? / /f _ - CHAPTER I. ELECTIONS. 1. Be it enacted by the general assembly, That the Charter of city territory coij ifined within the limits prescribed by the of Richmond; act passed Ii ebruary thirteenth, eighteen hundred and its territory sixty-seven, and entitled an act to extend and define the boundaries of the city of Richmond, and by any act hereafter passed by the general assembly of this State, shall be deemed and taken as the city of Richmond; and the inhabitants of the city of Richmond, for all purposes for which towns and cities are incorporated in this commonwealth, shall continue to be one body politic, in fact and in name, under the style and denomination Corporate name of The City of Richmond, and as such shall have, exercise, and enjoy all the rights, immunities, powers, and Powers privileges, and be subject to all the duties and obligations now incumbent and appertaining to said city as a municipal incorporation. 2. The administration and government of the said Administration city shall be vested in one principal officer, to be styled and government the mayor; one board, to be called the council of the city of Richmond; and in such other boards and officers as are hereinafter provided for. 3. The said:-ity shall be divided into five wards, Wards which number of wards the city council hereafter may increase as they may deem it expedient. Every such division shall be made in such manner as to include an equal number of voters in each ward, as nearly as conveniently may be, consistent with the well defined limits of each ward. Until such revision be made, the boundary lines of wards shall remain as now established. 4 CHARTER. Special elec- 4. Whenever any special election shall be ordered by tions, how or- the city council for any object not provided for in the dered general election laws of the State, they shall communicate their order for the same to the judge of the corporation court, and the same proceedings shall be had as are provided by the laws of the State for special elections to fill vacancies in any municipal office. Municipal 5. The election of municipal officers, hereinafter elections, when mentioned, shall be held on the fourth Thursday in May Aee, and on the fourth Thursday in May in every second year thereafter, except Aw the election of city treasurer, who shall be elected on the said Thursday in every third year thereafter; and the said election( shall be conducted under the provisions of the general election laws of the State. Vacancies, how 6. In cases of vacancies arising in any municipal filled office herein provided to be filled at the first election that may be held thereafter in said city, it shall be the duty of the mayor forthwith, upon the happening of such vacancy or vacancies, to certify the fact of such vacancy or vacancies to the judge of the corporation court, who shall issue his writ for election to fill such vacancy or vacancies in the manner prescribed in the general election law of the State. Oath of office, 7. The mayor and the members of the city council, before whom before entering upon the duties of their respective taken offices, shall be respectively sworn in accordance with the laws of this State. Such oaths may be administered to the mayor elect by any judge of a court of record commissioned to hold any such court within said city; and the members of the city council by the mayor, being himself first sworn as aforesaid, or by any judge of any court of record as aforesaid; and a certificate of such oaths having been respectively taken, shall be filed with the city clerk, and entered upon the journal of the city Other officers council.'Every other person elected or appointed to any office under this act, or under any law or ordinance of the city council, shall, before he enters upon the duties of said office, take and subscribe said oath, and such other oaths as may be required by la, or ordiCity clerk, cer- nance, before the mayor or city clerk, the said clerk tifcates filed having himself been first sworn by said mayor or a judge with of a court of record as aforesaid; and a certificate of the same shall be filed in the office of said city clerk. CHARTER. 5 If any person, elected or appointed to any office in said city, shall neglect to take such oath for forty days after receiving notice of his election or appointment, or shall neglect, for the like space of time, to give such securities as may be required of him by the city council, as hereinafter provided, or as may be hereafter required by any law or ordinance, he shall be considered as having declined such office, and the same shall be deemed vacant; and whenever any such vacancy shall occur, another election shall be ordered or another appointment made, according to the directions of this act. CHAPTER II. MAYOR. 8. The mayor shall be elected by the qualified voters Mayor, how of the city of Richmond for the term of two years, and elected and until his successor shall be elected, and qualify; and term ofofce no person shall be qualified to hold the office of mayor such office except such as shall be qualified to hold office under the constitution of this State. His salary shall be fixed by Salary the city council, payable at stated periods; and he shall receive no other compensation or emolument whatsoever; and no regulations diminishing such compensation, after it has been once fixed, shall be made to take effect until after the expiration of the term for which the mayor then in office shall have been elected. The salary of the mayor, when fixed, shall so continue until changed by the city council as aforesaid. 9. He shall, by virtue of his office, possess all the Hisjurisdiction jurisdiction and exercise all the powers and authority, and powers in criminal cases, 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 Shall receive receive no fees for his services as such justice of the no fees peace. 10. It shall be his duty to communicate to the city General statecouncil annually, as soon as may be after the commence- ment to council ment 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, finances and improvement, with such recommendations as he may deem proper. 6 CHARTER. His powes over 11. Ie shall exercise a constant supervision over the subordinate conduct of all subordinate officers, have power and auofficers thority to investigate their acts, have access to all books and documents in their offices, and may examine said Shall not re- officers and their subordinates on oath. He shall also move subordi- have power to suspend or remove such officers for misnate without conduct 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 Removal or to be heard in his defence. On the removal or suspensuspension to sion of such officer or officers, the _mayor shall report be reorted to the same, with his reasons therefor, to the city council, at their next stated meeting. When presi- 12. In case of the absence or inability. of the mayor, shnallact of s the president of the city council shall possess the same mayor powers and discharge the municipal duties of the mayor during such absence or inability. Vacancy, how 13. In case a vacancy shall occur in the office of filled mayor, the city council shall elect a qualified person to supply the vacancy until the first general election which may be held in the city thereafter, when the vacancy shall be filled by election for the unexpired term. CHAPTER III. CITY,COUNCIL. Councilmen, 14. The council of the city of Richmond shall be their election composed of twenty-fim members, or more, according and term of officer as the number of wards of said city, as hereinbefore provided, shall be increased. The several wards of zdC4'.l 1/aZ,-L7v-a said city shall be respectively represented in said city m'G-o- z T.- - council iby five councilmen, who shall be residents of their respective wards, and shall not be less than twenty-one years of age. They shall be elected by the electors of their respective wards, and hold their offices, respectively, for two years. Vacancy in 15. in the case of any vacancy happening in the council, how city council, by death, removal from the city, resignafilled tion, or otherwise, the city council shall elect a qualified person to supply the vacancy until the next election which may be held in the city, when the vacancy shall be filled by elction for the unexpired term. President of 16. The council shall elect one of its members to act council / AdC~ / tJ1-/ _ 4;& go/ / / r c// - /a e %- etit-*5 -f' Y A Ha^A acta itBe t Z~~~~re,.; c~~~~~~~~~Sic~~~~~~a ~~~~eyte ~ ~ ~ - CHARTER. 7 as president, who shall preside at its meetings; and when, from any cause he shall be absent, they may appoint a president pro tempore, who shall preside during the absence of the president. The president, or the president pro tempore who shall preside when the proceedings of a previous meeting are read, shall sign the same. The president shall have power at any time Called meetto call a meeting of the council; and in case of his ings of eouncil absence, sickness, disability, or refusal, the council may be convened by the order, in writing, of any three members of the council. 17. The council shall have the authority to adopt Rules officers such rules, and to appoint such officers and clerks as and clerks of they may deem proper for the regulation of their pro- counci ceedings and for the convenient transaction of business; to compel the attendance of absent members; to punish Power over its members for disorderly behavior; and, by a vote of members two-thirds of the council, to expel a member for malfeasance or misfeasance in office. They shall keep a Journal journal of their proceedings, and their meetings shall be open, except when the public welfare shall require secrecy. 18. A majority of the members of the council shall Quorum constitute a quorum for the transaction of business. But on all ordinances or resolutions appropriating Whenyeas and money, exceeding the sum of one thousand dollars, im- nays entered posing taxes, or authorizing the borrowilng of money, on jurnal the yeas and nays shall be entered on the journal. No When vote revote shall be re-considered or rescinded, at a special considered, &c. meeting, unless at such special meeting there be present as large a number of members as were present when such vote was taken. 19. The city council shall have, subject to the pro- Powers of city visions herein contained, the control and management council of the fiscal and municipal affairs of the city, and of all property, real and personal belonging to the said city; and may make such ordinances, orders, and bylaws, 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: I. To establish markets in and for said city; appoint Markets, &c. clerks and proper officers therefor; prescribe the times 8 CHARTER. and places for holding the same; provide suitable buildings therefor, and to enforce such regulations as shall be necessary or proper to prevent huckstering, forestalling, and regrating. Work-houses, II. To erect or provide, in or near the city, suitable &c. workhouses, houses of correction or reformation, and houses for the reception and maintenance of the poor Poor ofthe city 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 laws; appoint officers and other persons connected with the aforesaid institutions, and regulate pauperism within the limits of the city; and the council, through the agencies it shall appoint for the direction and management of the poor of the city, shall exercise the powers and perform the duties vested by law in overseers of the poor. Public build- III. To erect and keep in order all public buildings ings, scares necessary or proper for said city; to open, regulate par and ornament public squares and parks. City prison IV. To erect within said city a city prison, and said prison may contain such apartments as shall be necessary for the safe keeping and employment of all persons confined therein. Water and gas V. To establish or enlarge water works and gas works works within or without the limits of the said city; contract and agree with the owners of any land for the use or purchase thereof, or may have the same condemned for the location, extension, or enlargement of their said works, the pipes connected therewith, or any Protection from of the fixtures or appurtenances thereof. They shall injury have power to protect from injury, by adequate penalties, the said works, pipes, fixtures, and land, or anything connected therewith, within or without the limits of said city, and to prevent the pollution of the water in the river, by prohibiting the throwing of filth or offensive matter therein above the said water works, within one mile above said water works. Landings, VI. To establish, construct and keep in order, alter wharves and or remove, landings, wharves and docks, on lands bedocks longing to the city; and to lay and collect a reasonable duty on vessels coming to and using the same, and to regulate the manner of using other wharves and landings within the corporate limits; to prevent or remove CHARTER. 9 all obstructions in and upon any landings, wharves or docks. They may also appoint port wardens for the Port wardens port of said city, prescribe their duties, and fix their fees or compensation. VII. To close or extend, widen or narrow, lay out Streetsandpub-;and graduate, pave, and otherwise improve, streets and lic alleys public alleys in the city, and have them properly lighted and kept in good order; and they shall have over any street or alley in the city, which has been or may be ceded to the city, like authority as over other streets or alleys. They may build bridges in, and culverts under, Bridges and culsaid streets; and may prevent or remove any structure, verts obstruction or enroachment over, or under, or in a street or alley, or any sidewalk thereof, and may have Shade trees shade trees planted along the said streets; and no cor- Occupation of pany shall occupy with its works the streets of the streets city, without the consent of the council. In the mean- No injunction time, no order shall be made and no injunction shall be against city, awarded, by any court or judge, to stay the proceedings except when of the city in the prosecution of their works, 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 compensated in damages. VIII. To prevent the cumbering of streets, avenues, Cumbering of walks, public squares, lanes, alleys, or bridges, in any streets, &c. manner whatever. IX. To authorize the laying down of city railway City railways tracks, and the running of horse cars thereon, in the streets of the city, under such regulations as they may prescribe. X. To determine and designate the route and grade Route & grade of any railroad to be laid in said city, and to restrain of railroad, and regulate the rate of speed of locomotives, engines, locomotives and cars upon the railroads within the said city, and may wholly exclude the said engines or cars, if they please: provided, no contract be thereby violated. XI. To regulate and prescribe the breadth of tires Breadth of upon the wheels of wagons, carts, and vehicles of heavy wagon tires,&c. draught 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. 10 CHARTER. Gauging and XII. To require spirituous liquors, wine, oil, molasses, inspection of vinegar, and spirits of turpentine, in casks, to be guaged liquors, &c. Weighing hay, and inspected; and may make such provision for the &c. 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 fortyseven, to prevent the authorities of said city from laying and collecting a tax on the bales of hay sent by the Measuring farmers of the State to said city. They may also prograin, &c. vide for measuring corn, oats, grain, coal, stone, wood, lumber, boards, potatoes, anid other articles for sale or barter. Sealing weights XIII. To require every merchant, retailer, trader, and measures 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. Military cor- XIV. To grant aid to military companies and regipanies, agricul- ments organized within the city; to societies or associatural and me- tions for the advancement of agriculture and the meties, &c. chanic arts; to scientific, literary and benevolent societies: 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. Contagious dis- XV. To secure the inhabitants from contagious, ineases, hospitals fectious, or other dangerous diseases; to establish, and board of health erect, and regulate hospitals; to provide for and force the removal of patients to said hospitals; 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. Burial grounds XVI. 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 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 by the keepers or owners of all cemeteries. Quarantine XVII. To establish a quarantine ground for the city; but if said ground shall extend below the eastern boun CIIARTERB. 11 -dary of the city on the river, the assent of the county court of Henrico shall be first obtained. XVIII. To require and compel the abatement and Abatement of removal of all nuisances within said city, at the ex- nuisances pense of the person or persons causing the same, or the owner or owners of the ground whereon the same shall be; to prevent or regulate slaughter-houses and soap Slaughter and candle factories within said city, or the exercise of houses, soap any dangerous, offensive, or unhealthy business, trade, and candle or employment therein, and to regulate the transportation of coal and other articles through the streets of the city. XIX. If any ground in the said city shall be subject Stagnant water, to be covered by stagnant water, or if the owner or filth, &c., how owners, occupier or occupiers thereof, shall permit any emoved 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 substances 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 to notice shall be first given to the said owners or their owner 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 four weeks in any newspaper printed in said city. XX. To direct the location of all buildings for storing Powder magagunpowder or other combustible substances, and to zines, &c. regulate the sale and use of gunpowder, fire-crackers or fire-works manufactured or prepared therefrom, kerosene oil, nitro-glycerine, camphine, burning fluid, or other combustible material; to regulate the exhibi- Fireworks, &c. tion of fire-works, the discharge of fire-arms, the use of candles and lights in barns, stables and other buildings, and to restrain the making of bonfires in streets and yards. XXI. To prevent hogs, dogs, and other animals from Hogs, dogs, &c. running at large in the city, and may subject the same to such confiscations, regulations, and taxes, as they may deem proper; and the council may prohibit the raising or keeping of hogs in the city. 12 CHARTER. Fast driving, XXII. To prevent the riding or driving of horses or flying kites, other animals at an improper speed; to prevent the~ mals, &c. flying of kites, throwing stones, or the engaging in any employment or sports in the streets or public alleys,. dangerous or annoying to passengers, and to prohibit and punish the abuse of animals. Drunkards, XXIII. To restrain and punish drunkards, vagrants, vagrants, &c. mendicants, and street beggars. Prevention of XXIV. To prevent vice and immorality; to preserve vice and immo- public peace and good order; to prevent and quell riots, rality, gaming disturbances, and disorderly assemblages; to suppress. houses of ill-fame and gaming houses; to prevent lewd,. indecent, 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 oneyear. Vending li- XXV. To forbid and prevent the vending or other quors without disposition of liquors and intoxicating drinks, to be license, &. drunk in any canal boat, store, or other place not duly licensed; and to forbid the selling, or given to be drunk, any intoxicating liquors to any child or young person without the consent of his or her parents or guardian; and for any violation of any such ordinance, may impose fines in addition to those prescribed by the laws of the State. Prevention of XXVI. To prevent the coming into the city, from improper per- beyond the limits of the State, of persons having no son coming into 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 Richmond, 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 compel the persons to leave the city if they have not been in the city more than thirty days before the order is given. Power of coun- 20. Where, by the provisions of this act, the city cil to prescribe council have authority to pass ordinances on any subpenaries and ject, they ma5 prescribe any penalty, not exceeding five hundred dollars (except where a penalty is herein otherwise provided for), for a violation thereof, and may provide that the offender, on failing to pay the penalty CIARTER. 13 recovered, shall be imprisoned in the jail of said city for any term not exceeding three calendar months; which penalties may be prosecuted and recovered, with costs, in the name of the city of Richmond. And the city council may subject the parent or guardian of any minor, or the master or mistress of any apprentice, to any such penalty for any such offence committed by such minor or apprentice. 21. No ordinance hereafter passed by the city coun- Publication of cil, for the violation of which any penalty is imposed, ordinances shall take effect until the same shall have been published for five days successively in two of the daily newspapers of said city, to be designated by the said council. A record or entry made by the clerk of said city, or a copy of such record or entry, duly certified by him, shall be prima facie evidence of the time of such first publication; and all laws, regulations, and How used as ordinances of the city council may be read in evidence 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 city, or from the volume of ordinances printed by the authority of the city council. 22. The council shall not take or use any private Private proproperty for streets or other public purpose without perty, how tamaking to the owner or owners thereof just compensa- pkefor public tion for the same. But in all cases where the said city cannot by agreement obtain title to the ground necessary for such purposes, it shall be lawful for the said city to apply to and obtain from the circuit or county court of the county in which the land shall be situated, or to the proper court of the city having jurisdiction of such matters, if the subject lies within this city, for authority to condemn the same; which shall be applied. for and proceeded with as provided by law. 23. In every case where a street in said city has Where buildbeen or shall be encroached upon by any fence, build- ingorfenceening, or otherwise, the city council may require the owner croaches upon or owners, if known, and if unknown, the occupant or removed occupants of the premises so encroaching, to remove the same. If such removal shall not be made within Penalty 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 en 14 CHARTER. croachlment to be removed, and collect from the owner all reasonable charges therefor, with costs, by the same processes that they are hereinafter empowered to collect No length of taxes. No encroachment upon any street, however encroachment long continued, shall constitute an adverse possession to give adverse to, o. confer any rights upon, the person claiming thereunder, as against said city. Five years pub- 24-. Whenever any street, alley, or lane shall have lic use of street, been opened to and used as such by the public for the &c.tovesright period f 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, Street or alley alleys, and lanes laid out by it. And any street or alley reserved in reserved in the division or sub-division into lots of any recorded plat deemed to be portion of the territory within the corporate limits of public the city, by a plat or plan of record, shall be deemed and held to be dedicating to the public use; and the council shall have authority, upon the petition of any person interested therein, to open such street or alley, No agreement or any portion of the same. No agreement between, between con- or release of interest by, the persons owning the lands tiguous owners ilmediately contiguous to any such alley or street, to divest public use whether the same has been opened and used by the public or not, shall avail or operate to abolish said alley or street as to divest the interest of the public therein, or the authority of the council over the same. How expense 25. Whenever any new street shall be laid out, a of new street, a street graded or paved, a culvert built, or any other &c., to be determined public improvement whatsoever made, the city council may determine what portion, if any, of the expenses thereof ought to be paid from the public treasury, and what portion by the owners of real estate benefited, or may order and direct that the whole expense be assessed upon the owners of real estate benefited thereby. When public But no such public improvement shall be made,.to be improvement defrayed in whole or in part by a local assessment, until local assess- first requested by a petition signed by at least a majorment ity of the owners of property to be assessed for such improvement, or unless at least three-fourths of all the council shall concur in voting any improvement to be expedient, or in determining to make the same after allegations have been heard; in which case, no petition CHARTER. 15 or request shall be necessary. The council shall have Collection of the same powers to collect such local assessments for local assessimprovements as are hereinafter vested in them for the ment collection of taxes. 26. The city council shall grant and pay to all city Salaries of city officers, clerks, and assistants, elected or appointed officers under or in pursuance of this act, such salaries or compensation as the said city council may from time to time deem proper, or shall be fixed by this or any other act of assembly hereafter enacted. 27. If any person, having been an officer of said city, Penalty for failshall not, within ten days after he shall have vacated or ure of former officer to delivbeen removed from office, and upon notification and re- r tohissuccesquest of the city clerk, or within such time thereafter sor all public as the city council shall allow, deliver over to his sue- property, &c., cessor in office all the property, books, and papers charge,&c belonging to the city or appertaining to such office, in his possession or under his control, he shall forfeit and pay to the city the sum of five hundred dollars, to be sued for and recovered with costs. And all books, records, and documents used in any such office by virtue of any provision of this act, or of any ordinance or order of the city council, or any superior officer of said city, shall be deemed the property of said city and appertain to said office, and the chief officer thereof shall be responsible therefor. CHAPTER IV. CITY OFFICERS. 28. There shall be one auditor, one city treasurer, City Officers one collector of city taxes, one commissioner of the revenue, one city attorney, one city engineer, one city clerk, and such clerks and assistants as the city council may see fit, by ordinance, to prescribe and furnish. 29. The council may appoint such officers and clerks Additionaloffias they may deem proper, in addition to those herein cers and clerks provided for, and define their powers and prescribe their duties and compensation, and may take from any of the officers, and so forth, appointed, bonds, with sureties, in such penalties as to the council may seem fit, payable to the city by its corporate name, with condition for the faithful performance of said duties. All Removals by officers appointed by the council may be removed from council 16 CHARTER. Elections to fill office at its pleasure. In case of vacancies occurring vacancies in any municipal office, when it is not herein otherwise provided, the city council shall elect a qualified person to fill such office during the unexpired term. Liabilities of 30. The parties to bonds taken in pursuance of the such officers, preceding section, their heirs, devisees, executors and their securities' administrators, shall be subject to the same proceedings official bonds on the said bonds for enforcing the conditions and Jurisdiction terms thereof, by motion or otherwise, before the circuit over same court of the city of Richmond, or any other courts held in the city which may succeed to the civil common law jurisdiction of said court, that collectors of the county levy and their securities are or shall be subject to, on their bonds, for enforcing payment of the county levies. City auditor, 31. The city auditor shall be elected by the qualified his term voters of the city of Richmond. He shall hold his office for the term of two years, and until his successor be elected and qualify, unless sooner removed. He shall hold his office in such place as may be designated and Penalty of bond prescribed by the city council. IIe shall give bond, with sureties, to the amount of not less than thirty thousand dollars, which shall be determined by the city council, before he enters upon the duties of his office; said bond to be approved by the said city council, entered on their record, and filed in the office of the city What books clerk. The said auditor shall open and keep, in a neat and accounts and methodical manner, a complete set of books, under heshall keep the direction of the city council, wherein shall be stated, among other things, the appropriations of the year for each distinct object and branch of expenditure, and also the receipts from each and every source of revenue, so far as he can ascertain the same. Said books, and all papers, vouchers, contracts, bonds, receipts, and other things, kept in said office, shall be subject to the examination of the mayor, the members of the city council, or any committee or committees thereof. Charge ofaudi- 32. The said auditor shall be charged with and exertor over city cise a general supervision over all the officers of the city revenue officers charged in any manner with the receipt, collection, or disbursement of the city revenues, and the collection Custody of city and return of such revenues into the city treasury. He deeds, con- shall have charge of all deeds, mortgages, contracts, tracts, &c. judgments, notes, bonds, debts, choses in action, belong CIAInTER. 17 ing to the said city, except such as are confided to the custody of the city clerk, and such other papers as may be committed to his care by the city council, by ordinance or otherwise. 33. The said auditor shall have power to examine all He shall audit accounts, claims and demands for or against the said all claims city; and no money shall be drawn from the treasury agans the or paid by the city to any person, except as herein otherwise provided, unless that balance due or payable be first settled and adjusted by the said auditor; and for Hemayadminthe purpose of ascertaining the true state of any balance ister oaths or balances so due, he shall have, and is hereby clothed with, full power and authority to administer an oath or oaths to the claimant or claimants, or any other person or persons, whom he may think proper to examine as to any fact, matter, or thing concerning the correctness of any account, claim, or demand presented; and the person so sworn shall, if he swear falsely, be guilty of wilful and corrupt perjury, and be subject to punishment by imprisonment in the penitentiary for not less than one nor more than five years. 34. All money found to be due and payable by the How money said auditor to any person, shall be drawn by said audi- found due by tor by warrant on the treasurer, stating the' particular auditor paid fund or appropriation to which the same is chargeable and the person to whom payable; and no money shall be drawn from the treasury except on the warrant of the auditor, as aforesaid. But the auditor is forbidden No warrant to to issue his warrant for the payment of any money in be issued in exexcess of the appropriation on account of which said css or appromoney is drawn. 35. It shall be the duty of said auditor, as nearly as Revenue offimay be, to charge all officers in the receipt of revenues cers, how or moneys of the city, with the whole amount, from charged time to time, of such receipts; he shall also require of Reports to all officers in receipt of city moneys that they shall sub- auditor, how mit reports thereof, with vouchers and receipts of pay-t ment therefor into thecity treasury, weekly or monthly, or as often as he shall see fit to require the same by any regulation which he may adopt; and if any such officer Notice to deshall neglect to make an adjustment of his accounts, linquent officer when required as aforesaid, and to pay over such moneys so received, it shall then be the duty of said auditor to issue notice in writing, directed to such officer and his 3 18 CHARTER. securities, requiring him or them, within ten days, to make settlement of his said account with the auditor, and to pay over the balance of moneys found to be due and in his hands belonging to the said city, according Delinquency to the books of said auditor; and in case of the refusal reported to or neglect of such officer to adjust his said accounts or mayor, who has power to sus- pay over said balance to the treasurer as required, it pend, &c. shall then be the duty of said auditor to make report, of the delinquency of such officer to the mayor, who shall at once suspend him fiom office, proceed forthwith to institute the necessary proceedings for the removal of such officer from office, and immediately on his removal, institute suit in the name of said city against him and his securities to recover the balance of moneys so found to be due and in his hands belonging to said city. Auditor's an- 36. The auditor shall make out an annual statement, nualstatement as soon as possible after the end of each fiscal year, giving a full and detailed statement of all the receipts and expenditures during the said year. The said statement shall also detail the liabilities and expenditures during the year, the liabilities and resources of said city, the condition of all unexpended appropriations and contracts unfulfilled, the balances of money then remaining in the treasury, with all sums due and outstanding, the names of all persons who may have become defaulters to the city, and the amounts in their hands unaccounted for, and all other things necessary to exhibit the true financial condition of the city. Annual esti- 37. The auditor shall annually submit to the city mates to coun- council, at their first stated meeting after the beginning cil of the fiscal year, a report of the estimates necessary, as nearly as may be, to defray the expenses of the city Auditor may government during the current fiscal year. He shall in require heads said report class the different objects and branches of said tf dekaretstat city expenditure, giving, as nearly as may be, the ments to him amount required for each; and for this purpose he is authorized to require of all city officers and heads of departments their statements of the condition and expense of their respective departments and offices, with any proposed improvement, and the probable enpense thereof, of contracts already made and unfinished, and the amount of unexpended appropriations of the preceding year. What auditor's He shall also in such report show the aggregate income report shall of the preceding fiscal year, from all sources; the show CIARTER. 19 amount of liabilities outstanding upon which interest is to be paid, and of bonds and city debts payable during the year, when due and where payable, so that the city council may fully understand the money exigencies and demands of the city for the current year. 38. In addition to the other duties of the said auditor, Auditor's it is hereby made his duty, on the last day of each and monthly every month, to make out a monthly statement, giving statement a full and detailed account of all moneys received, from what sources and on what account received, and of all moneys ordered to be paid or drawn for by warrant by him, and on what account the same have been paid; and shall deliver said statement to the said city council at their next meeting, to be filed, after the adjournment of said council, by the city clerk with the papers belonging to his office. 39. There shall be elected by the qualified voters of City treasurer the city of Richmond, in the same manner as is provided hereinbefore for the election of mayor of said city, at the first charter election, and every three years thereafter, one city treasurer, who shall hold his office for the term of three years, and until his sucbessor be elected and qualified, unless sooner removed from office. He shall give bond, with sureties, to the amount of not His bond less than one hundred thousand dollars; said bond to be approved by the city council, entered on their records, and filed in the city clerk's office. 40. The said treasurer shall receive all moneys be- His duties longing to the city, and shall keep his office in solme place desighated by the council. He shall keep his books and accounts in such manner as the city council may prescribe, and such books and accounts shall always be subject to the inspection of the mayor and any member of the city council, or any commlittee or committees thereof. 41. No money shall be paid out by the treasurer ex- How money cept upon the warrant of the auditor, issued as herein- paid out before provided, and he shall keep a separate account of each fund or appropriation, and the debits or credits belonging thereto. 42. All moneys to be paid into the treasury of the How money city, except the bills for gas and water, and such other paidtotreasurer assessments as the city council may so ordain, shall be paid by the person liable to pay the same, or his 20 CHARTER. agent, to the treasurer, in the following manner: a warrant shall first be obtained from the auditor, directing the treasurer to receive the sum to be paid, specifyinc on what account the payment is to be made. Upon the payment of the money to the treasurer, he shall give a receipt for the same, which shall be carried to the auditor, and his receipt therefor shall be the acquitGas and water tance of the party making the payment. Bills for gas bills and water, and such other assessments as the city council may so ordain, shall be paid directly to the treasurer, who shall keep an account thereof, and make daily reports of such receipts to the auditor. Treasurer's 43. The treasurer shall, at the end of each and every monthly month, and oftener if required, render an account to account the auditor, showing the state of treasury at the date of such account, and the balance of moneys in the treasury. He shall also, if required so to do by the auditor, accompany such account with a statement of all moneys received into the treasury, and on what account, with a list of all warrants redeemed and paid by him during the month. Treasurer's 44. The treasurer shall also report to the city counannual report cil, at the end of each fiscal year, and oftener if reto council quired, a full and detailed account of all receipts and expenditures during the preceding fiscal year, and the Register of state of the treasury. He shall also keep a register of warrants all warrants, their date, amount, number, the fund from which paid, and the person to whom paid, specifying also the time of payment; and all such warrants shall be examined, at the time of making such annual report to the city council, by a committee thereof, who shall examine and compare the same with the books of the auditor, and report discrepancies, if any, to the city council. Special funds 45. All moneys received on any special assessment, shall be held by the treasurer as a special fund, to be applied to the payment for which the assessment was made; and said money shall be used for no other purpose whatsoever. Where funds 46. The treasurer may be required to keep all moneys kept in his hands, belonging to the city, in such place or places of deposit as the city council may, by ordinance, provide, order, establish, or direct. Such moneys shall be kept distinct and separate from his own moneys; CIIArTER. 21 and he is hereby expressly prohibited from using, Penalty for either directly or indirectly, the corporation money, or personal use warrants in his custody and keeping, for his own use and benefit, or that of any person or persons whomsoever; and any violation of this provision shall subject him to izmmediate removal from office. In case of his If removed, removal, the city council shall elect a qualified person vacancy filled to fill said office until the next general election which by council till election may be held in the city, when the qualified voters of said city shall, as in other cases, fill such vacancy by an election of a successor, who shall hold his office for the remainder, if any, of the unexpired term of the officer removed. 47. There shall be elected by the qualified voters of Collector of the city of Richmond, one collector of the city taxes, city taxes; term of office who shall hold his office for the period of two years, term ce and until his successor shall be elected and qualify, unless sooner removed from office. -He shall give bond, Penaltyofbond, with sureties, to the amount of not less than fifty thou- &c. sand dollars; said bond to be approved by the city council, entered on their records, and filed in the office of the city clerk. 48. Said collector shall collect all taxes and assess- His duties, &c. ments which may be levied by said city, and perform such other duties as may be herein prescribed or ordained by the city council. He shall keep his office in His books, &c. such place as may be designated and prescribed by the to be inspected city council, and shall keep in his said office, besides by mayor his collection and revenue warrants, such other books, vouchers, records, and accounts, as the city council may direct and prescribe, all of which shall be subject to the inspection and examination of the mayor, the members of the city council, or any committee or committees thereof. 49. The said collector shall make report in writing, Collector's under oath, to the auditor, weekly, or oftener if re- weekly report quired, the amount of all moneys collected by him, and to auditor shall pay the same into the city treasury in the manner hereinbefore provided. At the end of each fiscal year His annual rehe shall submit to the city council a statement of all port tocouncil moneys by him collected during the year, and the particular warrant, assessment, or account upon which collected, and the balance of moneys uncollected on the warrants in his hands or returned to the auditor, and a 22 CHARTER. copy of such statement shall also be filed with the auditor of said city. Money not to 50. The said collector is expressly prohibited from be kept in his keeping the money of the city in his hands, or in the hands; penalty lands of any person or corporation, to his use, beyond therefor the time prescribed for the payment of the same into the city treasury, and any violation of this provision shall subject him to immediate removal from office. Collector to 51. It shall be the duty of said collector to conduct sell real estate all the proceedings and render all the service necessary ent o taxes to perfect the sale and transfer of real estate in said city, where the same shall be sold or advertised for sale for the non-payment of any tax or assessment imposed by the city council, as hereinafter provided. Collector's 52. The said collector may, with the consent of the deputies city council, appoint a deputy or deputies, who may be removed from office by the said collector, by the mayor, or by the city council. During the continuance in office of the said collector, a deputy of his may discharge any of the duties of the office of collector; but the collector and his sureties shall be liable therefor. Penalty for col- 53. If the said collector shall receive any money for lector's selling taxes or assessments, giving a receipt therefor, for any land for which land or parcel of land, and afterwards sell the same, at he has received taxes any sale for taxes or assessments, for the tax or assessment which has been so paid and receipted for by himself or his deputy, he and his sureties shall be liable to the holder of the certificate given to the purchaser at the sale for double the amount on the face of the certificate, to be demanded within three years from the date of sale, and recovered in any court having jurisdiction of the amount; and the city shall in no case be liable to the holder of such certificate. Commissioner 54. There shall be elected by the qualified voters of of revenue the city of Richmond, one commissioner of the revenue, who shall hold his office for the period of two years, and until his successor shall be elected and qualify, unless His bond, sooner removed from office. HIe shall give bond, with where filed sureties, to the amount of not less than five thousand dollars; said bond to be approved by the city council, entered on their record, and filed in the office of the city Vacancy, how clerk. In case a vacancy shall occur in the office of filled commissioner of the revenue, the city council shall elect a qualified person to fill said office until the next gene CHAItTER. 23 ral election which may be held in the city, when the vacancy shall be filled by election for the unexpired term. 55. The said commissioner of the revenue shall per- His duties form all the duties in relation to the assessment of property for the purpose of levying the city taxes that may be ordered by the city council. Ite shall keep his office in such place as may be designated and prescribed by the city council, and shall keep therein such books, schedules, and records, and in such manner as the mayor and city council may direct and prescribe; which books, records, and other papers shall be subject to the inspection and examination of the mayor, the members of the city council, or any committee or committees thereof, and of the collector of city taxes. 56. To aid the commissioner of the revenue in his ClerksofRichduties, the clerks of the several courts of the city ofmondand HenRichmond and of the county of Henrico shall, as re- icovcourtshto deliver to him quired respectively, deliver to him such lists as are list of deeds, mentioned in the seventh and eighth sections of the &c. thirty-fifth chapter of the Code of Virginia of eighteen hundred and sixty, as far as may relate to lands in said city. 57. As soon as said commissioner of the revenue Commissioner's shall have ascertained the value of all the real and per- schedule sonal property taxable in said city, he shall make complete schedules of the same, and leave them in his office open to the inspection and examination of all persons interested therein; and he shall give notice by six days' Howinspection publication in two of the daily newspapers of said city of schedule had of the time and place, when and where such inspection and examination may be made. Said schedules shall be How long kept open for the period of ten days from the time of schedule kept the first publication of such notice, so that any person open feeling aggrieved by the assessment of his or her property, may appear and make his or her objection. The Commissioner's said commissioner of the revenue shall hear and clon- power as to sider all objections which may be made, and shall have schedule 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 personal property, and also to examine under oath such other persons as witnesses in relation thereto as he may deem proper, and for that purpose may administer oaths 24 CHARTER. and issue process to compel the attendance of witnesses Party aggrieved before him. Any person feeling aggrieved at the decimay appeal to sion of the said commissioner of the revenue may appeal council enalty for to the city council, whose decision shall be final. Any failure to give person who shall refuse to make under oath a full discommissioner closure of all the facts necessary to enable said commisinformation sioner of the revenue to make a fair and just assessment of his personal 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 personal taxable property. Commissioner's 58. The said commissioner of the revenue may, with assistants the consent of the city council, appoint an assistant or assistants, who may be removed from office by the said commissioner, by the mayor, or by the city council. During the continuance in office of the said commissioner, an assistant of his may discharge any of the duties of the office of commissioner; but the commissioner and his sureties shall be liable therefor. City attorney 59. The city council shall appoint a suitable and proper person, who shall be the attorney and counsel for His term, com- the corporation, who shall hold his office for the term of pensation, du- two years, unless sooner removed, and until his succesties) &C. sor shall be appointed and qualify. He shall receive such compensation as the council may determine, to be paid by the city. Said. attorney shall have the management, charge, and control of all the law business of the corporation and the departments thereof, and of all the law business in which the city shall be interested; shall draw all leases, deeds, and legal papers for the same, and be the legal adviser of the mayor, city council, or any committee thereof, and of the several departments of said corporation; and when required, shall furnish written opinions upon any subjects involving questions of law submitted to him by them. He shall appear as counsel for the said corporation in any civil case in which it is interested, depending in any court in the city of Richmond; and when the constitutionality or validity of any ordinance is brought in issue in any penal prosecution, or when the mayor shall direct a prosecution for a nuisance, he shall appear for the prosecution when the case shall come into court. He shall perform CHARTER. 25 such other duties as are or may be required of him for the city by any ordinance or resolution of the city council. 60. He shall have power and authority, from time to May authorize time, during his continuance in office, with the consent another to apof the mayor, to authorize an attorney or other person pear for him to appear for him in his name and on behalf of said corporation, and conduct and defend suits and proceedings in all courts and places. 61. Said attorney for the corporation shall keep his His office and office in such place as the city council may direct, and docket shall keep therein a docket of all the cases to which the city may be a party in any court of record, in which shall be briefly entered all steps taken in such causes; and said docket shall at all times be open to the inspection of the mayor, the members of the city council, and the city auditor. 62. There shall be appointed by the city council one Engineer of engineer for the city, who shall hold his office for the city; his term, period of twD years, and until his successor shall be bond, &c. appointed and qualify, unless sooner removed from office. He shall give bond, with sureties, to the amount of not less than five thousand dollars, said bond to be approved by the city council and filed in the office of the city clerk. 63. The said engineer shall have such assistants and His assistants clerks as the city council may allow and approve; but and clerks such assistants or clerks may be removed at any time by the mayor or by the city council. 64. The said engineer shall be the general superinten- His duties dent of the streets, culverts, public buildings, and all public improvements. I-He shall make such surveys, reports, drawings, plans, specifications and estimates as the city council may require of him, and do, in relation thereto, whatever else it may direct. All surveys or other acts, Hiis surveys which shall be made or done by said engineer, shall be valid as valid and effectual as if the same were done by a surveyor of a county. IIe shall keep his office in such place as the city council may direct, and shall keep therein all maps, drawings and papers pertaining to his office. He shall keep a record of all his proceedings, His office,reand a set of books, in which shall be entered, under cords, &c. appropriate heads, the receipts and expenditures of his department; and all the books and papers of his office 4 26 CHARTER. shall be open at all times to the inspection of the mayor, to the members of the city council, or to any committee or committees thereof. City clerk 65. There shall be one city clerk appointed by the city council, who shall hold his office for the period of two years, and until his successor shall be appointed and qualified, unless sooner removed from office by the city council. His duties 66. The said clerk shall' attend the meetings of the city council, and keep a record of its proceedings. He shall have the custody of the corporate seal. He shall keep all papers that, by the provisions of this act or by the direction of the city council, are required to be Transcript of filed with or kept by him. It shall also be his duty, ordinances,&c. immediately after the close of each session of the city to mayor council, to make and present to the mayor a transcript of every ordinance, resolution, and order concerning any public improvement, or for the payment of money, and every ordinance, resolution, order, and -act of a legislative character, passed by the city council at such To auditor session. He shall, in like manner, transmit to the auditor a transcript of all ordinances, resolutions or orders appropriating money, or authorizing the payment of money, the issue of bonds or notes; and to the heads of all departments of the city government all ordinances, He shall in- resolutions or orders relating to their departments. He form parties in- shall, in like manner, give notice to parties presenting terested of final actiond of communications or petitions to the city council of the council final action of the council on such communication or He shall pub- petitions. He shall publish such reports and ordinances lish reports and as the city council are required by this act to publish, orinances and such other reports and ordinances as they may direct, and shall, in general, perform such other acts and duties as the city council may from time to time require of him. CHAPTER V. FINANCES. City council 67. The city council may, in the name and for the may contract use of the city, contract loans, or cause to be issued loans redeema- certificates of debt or bonds; but such loans, certificates, ble within thirtyfour years or bonds shall not be irredeemable for a period greater Proviso than thirty-four years: provided, however, that they shall not contract such loans or issue such certificates CHARTER. 27 of debt or bonds for the purpose of subscribing to the stock of any company incorporated for a work of internal improvement or other purposes, without first being authorized so to do by three-fourths of the legal voters of the city voting on the question, and the council shall, when such debt or loan is created, provide a sinking fund for the payment of the same. Neither shall the city endorse the bonds of any such company without the same authority:' 68. There shall be set'apart, annually, from the Sinking fund; accruing revenues of the city, a sum not less than one how provided per centum of the city debt existing at the commencement of this act. The fund thus set apart shall be called the sinking fund; and shall be applied to the payment or purchase of the principal of the city debt. If no part be redeemable, then the residue of the sinking fund shall be invested in the bonds or certificates of debt of the city, and applied to the payment of the city debt as it shall become redeemable. Whenever hereafter there shall be contracted by the city any debt not payable within the next twelve months, there shall be set apart annually, for thirty-four years, or until the debt is paid, a sum exceeding by one per centum the aggregate amount of the annual interest agreed to be paid thereon at the time of its contraction, which sum shall be applied and invested towards the payment of such debt in. the same manner as hereinbefore provided for the present existing debt of the city. 69. For the execution of its powers and duties, the Taxation city council may raise annually, by taxes anad assessments in said city, such sums of money as they shall deem necessary to defray the expenses of the same, and in such manner as they shall deem expedient, in accordance with the laws of this State and the United States: provided, however, that they shall impose no tax on the Proviso bonds of said city, nor 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 Things not to time upon the stock of a corporation and upon the divi- be taxed dends thereon; nor upon any capital, interest, income, or dividends when a licence or other tax is imposed upon the business in which the capital is employed, or 28 CHARTER. upon the principal money, credit, or stock from which Taxes to be the interest, income, or dividend is derived. Said equal and taxes shall be equal and uniform upon all property, uniform both real and personal. The capital invested in all business operations shall be assessed and taxed as other Stock assessed property. Assessments upon all stock shall be accordat market value ing to the market value thereof. Licenses 70. The city council may grant or refuse licenses, and may require taxes to be paid on such licenses, to agents of insurance companies whose principal office is not located in said city; to auctioneers; to public, theatrical, or other performances or shows; to keepers of billiard tables, ten-pin alleys, and pistol galleries; to hawkers and peddlers in the city, or persons to sell goods by sample therein; to agents for the sale or renting of real estate; to commission merchants, and all other business which cannot be reached by the ad valoLicenses on rem system under the preceding section. They may liquors also grant or refuse such license to all sellers of wine or spirituous or fermented liquors, and require taxes to be paid on such license, in addition to other taxes imposed. Taxes on 71. The council may grant or refuse licenses to ownwagons, &c. ers or keepers of wagons, drays, carts, hacks, and other wheeled carriages kept or employed in the city for hire, and may require the owners or keepers of wagons, drays and carts, using them in the city, to take out a license therefor, and may require taxes to be paid thereon, and subject the same to such regulations as they may deem proper, and prescribe their fees and compensation. Council may 72. The council may vest in the collector of the city vest in collector taxes, and of assessments for the use of water, gas, or Powersofsheriff other purposes, any or all of the powers which are now to collect taxes or may hereafter be vested in a sheriff as collector of May prescribe the state taxes; may prescribe the mode of his proceed. hismodeofpro- ing, and the mode of proceeding against him for the ceeding, and proceeding failure to perform his duties. against him 73. All goods and chattels, wheresoever found, may All goods, &c., be distrained and sold for taxes assessed and due liable for taxes; trust or mort- thereon; and no deed-of-trust or mortgage upon goods gage no bar or chattels shall prevent the same from being distrained while goods re- and sold for taxes assessed against the grantor in such main in hands or deed while such goods and chattels remain in the granof grantor or otherwise CIIARTER. 29 tor's possession; nor shall any such deed prevent the goods and chattels conveyed from being distrained and sold for taxes assessed thereon, no matter in whose possession they may be found. 74. Any payment of taxes made by the tenant, un- Where tenant less under an express contract contained in his lease, or fiduciary shall be a credit against the person to whom he owes pays taxes the rent, and where any tax is paid by a fiduciary on the interest of profit of moneys of an estate invested under an order of court or otherwise, the tax shall be refunded out of such estate. 75. There shall be a lien on real estate for the city Lien on real taxes as assessed thereon from the commencement ofestate ortaxes the year for which they were assessed. The city coun- How delinquent cil may require real estate in the city, delinquent for land sold the non-payment of taxes, to be sold for said taxes, with interest thereon at the rate of twelve per centum per annum, and such per centum as they may prescribe for charges. Such real estate shall be sold, and may be redeemed under the provisions hereinafter made. 76. The collector of city taxes shall, under the di- Notice of such rection of the city council, cause a notice of the time sale and place of such sale to be published, in all the daily newspapers published in said city, at least ten days previous to such sale; and he shall also cause to be published in one or more of said daily papers, on some day not more than twenty days nor less than ten days previous to such sale, a list of the several parcels of real estate so to be sold, describing therein each parcel of real estate in the same manner as the same is described in the assessment rolls in which the said tax or assessment is imposed thereon, together with the name of the person to whom each parcel is assessed, and the amount of the tax or assessment thereon. 77. If such tax or assessment, and the per centage, How such sale interest, and expenses aforesaid, be not paid previous to made the day for which said sale was advertised, or on some day immediately thereafter, to which said sale may be adjourned, the collector shall proceed to make sale, accordingly, of the said several parcels of real estate, or so much thereof as may be necessary, to the highest bidder; and the sale may be adjourned from day to day until it shall be completed. On such sale the collector Certificate of shall execute to the purchaser a certificate of sale, in sale 30 CHARTER. which the property purchased shall be described, and the agglregate amount of tax or assessment, with charges and expenses specified; but the collector shall not for himself, either directly or indirectly, purchase any real estate so sold. When city may 78. If at any such sale no bid shall be made for any become pur- such parcel of land, or such bid shall not be equal to chaser the tax or assessment, with interest and charges, then the same shall be struck off to the city. On such sale the collector shall execute to the city a certificate of sale, in which the property purchased shall be described, and the aggregate amount of tax or assessment, with charges and expenses specified; and shall deposit such certificate with the auditor. How and with- 79. The owner of any real estate so sold, his heirs in what period or assigns, or any person having a right to charge such such estatemay real estate for a debt, may redeem the same by paying be redeemed..... to the purchaser, his heirs or assigns, within two years from the sale thereof, the amount for which the same was sold, and such additional taxes thereon as may have been paid by the purchaser, his heirs or assigns; or, if purchased by the city, with such additional sums as would have accrued for taxes thereon if the same had not been purchased for the city, with interest on the said purchase money and taxes at the rate of twelve per centum per annum from the time that the same may have been so paid; or the same may be paid within the said two years to the city treasurer in any case in which the purchaser, his heirs or assigns, may refuse to receive the same, or may not reside or cannot be found in the city of Richmond. Rights of per- 80. Any infant, married woman, insane person, or sons under dis- person imprisoned, whose real estate may have been so ability; how sold, or his heirs, may redeem the same by paving to the purchaser, his heirs or assigns, within two years after the removal of the disability, the amount for which the same was so sold, with the necessary charges incurred by the purchaser, hi hheirs or assigns, in obtaining the title under the sale, and such additional taxes on the estate as may have been paid by the purchaser, his heirs or assigns, and the appraised value of any improvement that may have been made thereon, with interest on the said items, at the rate of twelve per centum per annum from the time the same may have been CHARTER. 31 paid. Upon such payment within two years after the removal of such disability, the purchaser, his heirs or assigns, shall, at the cost of the original owner, his heirs or assigns, convey to him or them,' by deed with special warranty, the real estate so sold. 81. The purchaser of any real estate, sold for taxes Deed to purand not redeemed, shall, after the expiration of two chaser ofsuch years from the sale, obtain from the city auditor a deed estate; how executed, and conveying the same, wherein shall be set forth what ap- within what pears in his office in relation to the sale. When the time purchaser has assigned the benefit of his purchase, the Deed to asdeed may, with his assent, evidenced by his joining therein, or by a writing annexed thereto, be executed to his assignee. If the purchaser shall have died, his heirs or assigns may move the court of hustings of said city to order the auditor to execute a deed to such heirs or assigns. 82. When the purchaser of any real estate, sold- for Effect of such taxes, his heirs or assigns, shall have obtained a deed deed, if recordtherefor, and within sixty days from the date of such ed within slxty deed shall have caused the same to be recorded, such estate shall stand vested in the grantee in such deed as was vested in the party assessed with the taxes (on account whereof the sale was made) at the commencement of the year for which the said taxes were assessed, notwithstanding any irregularity in the proceedings under which the said grantee claims title, unless such irregularity appear on the face of the proceedings. And Onus probandi if it be alleged that the taxes, for the non-payment of which the sale was made, were not in arrear, the party making such allegation must establish the truth thereof by proving that the taxes were paid. 83. In case that any real estate, struck off to the When city becity as hereinbefore provided, shall not be redeemed comes purwithin the time specified, the city auditor shall, within may acqur t sixty days after the expiration of two years from the title sale, cause to be recorded such certificate of sale, with his oath that the same has not been redeemed, and thereupon the said corporation, or their assignees, shall acquire an absolute title to the same in fee. The said Effectofcertificertificate may be acknowledged, or proved, and re- cate ofsale as corded in the same manner that deeds are recorded, and evidence the said certificate, or the record thereof, or a copy of said record, duly authenticated, shall, in all courts and 32 CHARTER. places, be presumptive evidence of the facts therein stated and of the regularity and correctness of such saic, and of all proceedings prior thereto. CHAPTER VI. POLICE AND FIRE DEPARTMENTS. Police depart- 84. The police department of the city of Richniond ment, how shall be under the general control and management of controlled police commissioners thereof, who shall consist of the Board of police mayor, the president of the city council, and the police commissioners justice, and shall constitute a board of police commistuted sion ers for said city; of which board the mayor shall be Quorum president, and shall have a casting vote. Any two of said commissioners shall form a quorum for the transacBy-laws, &c. tion of any business. Said board may adopt rules and by-laws for the government thereof, and also may establish, promulgate, and enforce proper rules, regulations, and orders for the good government and discipline of said police force: provided, that said rules, regulations and oirlers shall not in any way conflict with any ordinance of the city council, or of the provisions of this act, or the constitution and laws of this State.or of the United States. Meetings of 85. The said police commissioners, after taking the said board oath of office as such commissioners, shall meet at the office of the mayor, or other suitable place, at such time as may be expedient, and as they shall from time to time designate, and on special occasions, as the mayor may, in writing, appoint. They shall perform the duties of said office without any compensation, reward, or salary therefor from said city, except that nothing herein shall in' any way conflict with the payment of the salary elsewhere provided to be paid to the said mayor and police justice for their services in their respective offices. To appoint po- 86. It shall be the duty of said police commissioners licemen, offi- to select from among the electors of said city, and apcer, &C point by warrant of appointment, bearing the signatures of all three of said commissioners, to be immediately filed with the city clerk, so many permanent policemen, officers, and patrolmen as may be authorized To appoint by the city council; and said board shall also appoint, chief of police, with the approval of the city council, one chief of with approval police, who shall hold office for the term of two years, of council CHARTER. 33 through whom said board may promulgate all rules, regulations, and orders to the whole force, and who shall have immediate direction and control of said force, subject, however, at all times, to the rules, regulations, and orders of said board, and to the orders of the mayor: provided, that the orders of such single commissioner do not conflict with the rules, regulations, or orders of said board then in force; and said chief and of removals each policeman of said police force, appointed in manner as aforesaid, may hold his respective office during the term of good behavior, or until said board, by unanimous vote, shall remove him; but in case of misconduct on the part of such chief or any member of said police force, then he may be removed by the decision of a majority of said board, as hereinafter provided, or by the city council. 87. In times of exigency, said commissioners, or a Additional pomajority of them, or any one of them, if the others licemen; how should be absent from the city or unable to act, may appointed for appoint temporarily, without authority from the city council, a suitable number of additional policemen for such time as shall appear necessary; not, however, to extend beyond the time of the next meeting of the city council. 88. The mayor, at any time, upon charges being pro- Power ofmayor ferred, or upon finding said chief or any other member to suspend any of said police force guilty of misconduct, shall have member of police force; power to suspend such member from service until the how long board of commissioners shall convene and take action in the matter: provided, however, that such member shall not remain so suspended for a longer period than thirty days without an opportunity of being heard in his defence; and upon hearing the proofs in the case, a majority of said commissioners may discharge or restore such member, in accordance with the decision of the majority of such board thereon; and the pay or salary Pay during susof such member shall cease from the time of suspension pension to the time of restoration to service, unless otherwise ordered by said board of commissioners in their written decision, which shall be filed with the city clerk; and any violation of the rules, regulations, or orders of the board, or orders of any superior, shall be good cause for dismissal. 5 34 CIIARTEIR. Salary and pay 89. The salary or pay of said chief and policemen of police; how shall be determined by the city council, and all bills of determined,&c. expense on account of the police department shall be audited by at least two of said commissioners. Warrant of 90. The said chief of police and every policeman appointment of duly appointed as aforesaid, shall have issued to him a police force warrant of appointment, signed by the president of the board and countersigned by the city clerk, stating the date of his appointment, which shall be his commission; Qualification and he shall take such oath as the city council may ordain, and subscribe the same in a book to be kept for that purpose by the said city clerk. Powers of po- 91. The said chief of police and policemen shall lice force generally have power to do whatever may be necessary to preserve the good order and peace of said city, and to secure its inhabitants from personal violence and their property from loss and injury. Such number of the said police force as the board of police commissioners may designate shall, in criminal cases, have the same powers and duties, and be subject to the same penalties that are prescribed by law as to constables. Uniform, 92. The said board of commissioners may prescribe badges and such uniform and badges for the police force as they arms of force may deem proper, and direct in what manner they shall Penaltyforoth- be armed. And if any person other than a policeman ers than police shall publicly wear such uniform and badges as may be aring badges, prescribed as aforesaid, he may be subjected to such fine, not exceeding the sum of one hundred dollars, as the city council may ordain. Former police 93. As soon as said commissioners shall have entered to vacate unless upon the discharge of their duties, and appointments of reappointed police are made in the manner as herein provided, then all the policemen and the chief of police, who shall be in service previous thereto, shall immediately vacate their offices respectively, unless re-appointed as herein provided. Fire depart- 94. The city council may organize and maintain a ment; how or- fire department for said city, and appoint a chief enganized, &. gineer and assistants, with any or all of the powers which have been or may be vested by law in such offiRules, regula- cers. They may also make rules and regulations for lations,pay,&c. the government of the officers and men of said fire department; may prescribe their respective duties in case of fire or alarms of fire; may direct the dresses or CHARTER. 35 badges of authority to be worn by them; may prescribe and regulate the time and manner of their exercise; shall fix their pay, and may impose reasonable fines for the breach of any such regulations. They may also make such ordinances as they may deem proper to extinguish and prevent fires, prevent property from being stolen, and to compel citizens to render assistance to the fire department in case of need. 95. For the purpose of guarding against the calami- Control over ties of fire, the city council may, from time to time, erection of designate such portions and parts of the said city as it ings &c shall think proper within which no buildings of wood shall be erected, and may regulate the manner of construction 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, unless the outer walls thereof be made of brick and mortar, or stone and mortar, or some other fire proof material; and may provide Power to refor the removal of any such building or addition which move buildings shall be erected contrary to such prohibition, at the ex- not fire-proof pense of the builder or owner thereof. And if any building shall have been commenced before said petitions can be acted on by the council, or if a building in progress appears clearly to be unsafe, the council may have such buildings taken down. 96. Whenever any building in the said city shall be Controlofchief on fire, it shall be the duty of and be lawful for the engineer over chief engineer to order and direct such building, or any buildin on other building which he may deem hazardous and likely to communicate fire to other buildings, or any part of such buildings, to be pulled down and destroyed; and no action shall be maintained against any person or against the said city therefor. But any person in- Application for terested in any such building so destroyed or injured damagesfordemay, within three months thereafter, apply to the city struhtin fgs council to assess and pay the damages he has sustained. how made, &c. At the expiration of the three months, if any such application shall have been made in writing, the city council shall either pay the said claimant such sum as shall be agreed upon by them and the said claimant for such 36 CHARTER. damages, or if no such agreement shall be effected, shall proceed to ascertain the amount of such damages, and shall provide for the appraisal, assessment, collection, and payment of the same in the same manner as is provided for the ascertainment, assessment, collection, and payment of damages sustained by the taking of land for purposes of public improvement. Commissioners 97. The commissioners appointed to appraise and to appraise such assess the damages incurred by the said claimant, by daages; their the pulling down or destruction of such building, or any duties C 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 destroyed or injured by fire if it had not been so pulled down or destroyed, and may report that no damages should equitably be Their report allowed to such claimant..Whenever a report shall be made and finally confirmed, in the said proceedings for appraising and assessing the damages, a compliance with the terms thereof by the city council shall be deemed a full satisfaction of all said damages of the Appeal to cir- said claimant. But any party feeling aggrieved thereby, cuit court may appeal to the circuit court for the city of Richmond, which court, in taking jurisdiction thereof, shall be controlled by the laws regulating assessment of damages to real estate in other cases. CHAPTER VII. THE JUDICIARY. Clerks for cir- 98. There shall be elected by the qualified voters of cuit, hustings said city, at the first charter election, and every six and chatnermyears thereafter, one clerk for the circuit court, one courts; term of office clerk for the hustings court, and one clerk for the chancery court of the city of Richmond, who shall serve for the period of six years, and until their successors Fees, &c. be elected and qualify. They shall receive, in compensation for their services, the fees and emoluments allowed by law to clerks of the circuit courts. Common- 99. There shall be elected at the first charter election. wealth's attor- and every two years thereafter. by the qualified voters ney of said city, one commonwealth's attorney for the circuit court, who shall also prosecute in all cases in the hustings court of the city of Richmond. He shall hold his office for a term of two years, and until his successor CHARTER. 37 be elected and qualify, unless sooner removed, and shall receive such compensation for his services as may be prescribed by law. 100. There shall be elected at the first charter elec- Sheriff; term tion, and every two years thereafter, by the qualified of office, bond, voters of said city, one sheriff of the city of Richmond, &c. who shall, before entering upon the duties of his office, give bond, with good security, in a penalty of not less than one hundred thousand dollars nor more than three hundred thousand dollars, as shall be required by the judge before whom he shall execute the same, whose powers and duties, liability, responsibility, emoluments, and term of office shall be, so far as not inconsistent with the provisions of this act, the same as now provided by law in respect to the sheriff of the city of Richmond. 101. There shall be elected at the first charter elec- Sergeant; term tion, and every two years thereafter, by the qualified of office voters of said city, one city sergeant, who shall serve for two years, and until his successor be elected and qualify, unless sooner removed. IHe shall keep his Compensation office in such place as the city council may provide and and bond appoint, and shall receive such compensation for his services as the city council shall determine. Before entering upon the duties of his office, the said city sergeant shall give bond and security in such amount as the said city council shall determine; which bond shall be approved by the said council, entered on their records, and filed in the office of the city clerk. 102. The said sergeant shall attend the terms of the His powers and court of hustings, and act as the officer thereof. He duties shall also in all respects, except as to the collection of taxes, have the same powers and authority, and shall perform the duties, and be subject to the same liabilities and penalties, and be proceeded against in the same manner as sheriffs. 103. There shall be elected by the qualified voters of High constable; the city of Richmond at the first charter election, one term of office high constable for said city, who shall hold his office for the term of two years, and until his successor be appointed and qualify, unless sooner removed from office. Said high constable shall keep his office in such conve- Compensation, nient place in the city as may be designated by the city powers and council, and shall receive such compensation for his duties 38 CIARTER. services as the said council shall determine. He shall in civil cases have the same powers and duties and be subject to the same penalties as are prescribed by law to other constables, and shall perform such duties as the city council may ordain, not in conflict with the provisions of this act, the laws of this State, or the laws of the United States. His bond 104. Before entering upon the duties of his office, the said high constable shall give bond and security, in such amount as shall be required by the city council, for the faithful discharge of the duties of his office; which bond shall be approved by the said council, entered on their record, and filed in the office of the city His deputies clerk. Said high constable may 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 the deputy or deputies as for those of their principal. Sergeant to at- 105. The sergeant of the city of Richmond shall be tend hustings, the officer of the hustings court, and the sheriff of the and sheriff the circuit and city of Richmond shall be the officer of the circuit chancery courts court, and also of the chancery court. Police justice; 106. There shall be appointed by the city council his appoint- one police justice, who shall hold his office for the term ment, jurisic- of two years, and until his successor shall be elected io andwers and qualify, unless sooner removed from office. The police justice shall hold a court daily in said city (Sundays excepted,) in such place as the city council may provide and appoint. The jurisdiction of the court shall extend to al cases arising within the jurisdictional limits of the city, of which a justice of the peace may take cognizance under the laws of the State, and to all cases arising under the charter or ordinances of the city, or where there is a claim against the city or a person therein, if it does not exceed one hundred dollars, exclusive of interest; and the judgment shall be final in all civil cases where the matter in controversy, exclusive of costs, is not more than twenty dollars. He shall have such other powers and jurisdiction as may be conferred upon him by the city council, not in conflict with the constitution and laws of the United States and of the State of Virginia. His clerks and The city council may provide for the appointment of officers such clerks and officers for said court of the police jus CHARTER. 39 tice, and make such rules for the government of said court, as they may find proper. If any person who has been duly summoned as a wit- Fine upon witness to attend and give evidence before the police jus- ness for nontice, touching any matter or thing pending before him ce under the charter or any ordinance of the city, shall fail to attend in obedience to the said summons, he or she may be fined, at the discretion of the said justice, in a sum not exceeding twenty dollars. 107. There shall be elected by the qualified voters of Justices of each ward, three justices of the peace for each ward of peace; three in the said city, who shall be residents of their respective each ward, elected for two wards, and shall hold office for the term of two years, years and until their successors be elected and qualify, unless sooner removed from office. They shall be designated Their designaby the city council as first, second, third, et cetera, tion justices. The said justices of the peace shall be con- Powers and servators of the peace within the limits of the corpora- duties tion of Richmond, and shall have the same powers and duties within said limits as are provided by law in respect to justices of the peace in counties of this State in their respective counties, except that nothing herein contained shall be construed as vesting in said justices any portion of the jurisdiction given by this act to the police justice. Whenever the police justice shall be absent from the Council to decity, or unable, from any cause, to hold his court, the signate one to same shall be holden by a justice of the peace, to be act s policei designated by the council. And when the said court absence shall be holden by a justice of the peace six or more days in succession, he shall be entitled to receive therefor the same compensation, pro rata, that may be prescribed as salary to the police justice. 108. All acts and parts of acts in conflict with this Inconsistent act are hereby repealed. acts repealed 109. This act shall be in force from its passage. Commencement