't 
 
 
 I 
 
 
LIBRARY 
 
 UNIVERSITY OF CALIFORNIA. 
 
 OF - 
 
 Class 
 
Carl 
 
THE ORDINANCES 
 
 OF THE 
 
 CITY OF NOPxFOLK 
 
 AND 
 
 ACTS OF ASSEMBLY 
 
 OF 
 
 VIRGINIA 
 
 RELATING TO THE CITY GOVERNMENT, 
 
 WITH AN APPENDIX. 
 
 1885. 
 
 NORFOLK, VA.: 
 LANDMARK STEAM PRINTING HOUSE. 
 
 1885. 
 

 
THE CHARTER OF THE CITY. 
 
 CHAP. 33. An ACT providing a charter for the city of Norfolk, and 
 repealing the existing charter, approved April 21, 1882. 
 
 In force January 21, 1884. 
 
 1. Be it enacted by the general assembly of Virginia, That Boundaries 
 the territory contained within the limits prescribed by the 
 second section of an act passed in March, seventeen hundred 
 
 and sixty-one, entitled an act for enlarging and ascertaining 
 the limits of the borough of Norfolk, and for other purposes 
 described therein as follows, to-wit: Beginning at the head of 
 a creek called Newton's creek, and thence within a line to be 
 run north fifty-nine degrees west, seventy-two poles to the 
 head of Smith's creek ; thence along the said Smith's creek, 
 according to its various courses and meanders, to the mouth 
 thereof, in Elizabeth river ; thence bounding on the said 
 river, the different courses thereof, to the mouth of the said 
 Newton's creek ; and thence up the said Newton's creek 
 to the beginning; and by any act heretofore or hereafter 
 passed by the general assembly of this State, shall be deemed 
 and taken as the city of Norfolk, and the inhabitants of the 
 city of Norfolk, 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 de- 
 nomination of the city of Norfolk ; and as such, shall have, 
 exercise and enjoy all the rights, immunities, powers and 
 privileges and be subject to all the duties and obligations now 
 incumbent upon and appertaining to said city as a municipal 
 corporation. 
 
 2. The administration and government of the said city Government; 
 shall be invested in one principal officer, to be styled the mayor; how vested - 
 a board to be called the councils of the city of Norfolk; and 
 
 in such other boards and officers as are hereinafter provided 
 for. The councils of the city of Norfolk shall consist of two 
 bodies, namely: the common and select council, with such 
 rights, duties, powers and privileges as are now vested in them 
 by law, or as may be vested in them by this act or any act 
 hereafter passed. 
 
 3. The said city shall be divided into four wards, which Division into 
 number of wards the city councils may hereafter increase as wards ' 
 they may deem expedient. Until such revision be made, the 
 boundary lines of wards shall remain as now established. 
 
 4. The election of the municipal officers hereafter men- Election of 
 tioned, except those to be appointed by the councils, shall beSS?' * 
 held on the fourth Thursday in May, eighteen hundred and 
 
 eighty four, and on the fourth Thursday in May in every 
 second year thereafter, except the election of city treasurer 
 and commissioner of the revenue, who shall be elected as here- 
 inafter provided ; and the said election shall be conducted un- 
 der the provisions of the general election laws of the State. 
 
 5. Whenever any special election shall be ordered by the Special 
 city councils for any object not provided for in the general e 
 
 228738 
 
4 THE CHARTER OF THE CITY. 
 
 election laws of the state, they shall communicate their order 
 for the same to the judge of the court of the corporation, and 
 the same proceedings shall be had as are provided by the laws 
 of the state for special elections to fill vacancies in any muni- 
 cipal office. 
 
 vacancies; 6. In case of vacancies arising in any municipal office pro- 
 vided for by this act, the councils shall appoint a qualified 
 person to fill such office for the unexpired term, and in case 
 of any vacancy arising in the office of councilman, the select 
 or common council, as the case may be, shall elect a qualified 
 person for the unexpired term. 
 
 Officers to be 7. The mayor and the members of the city councils, before 
 entering upon the duties of their respective 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 councils 
 by the mayor, being himself first sworn as aforesaid, or by a 
 judge of a court of record, or a justice of the peace ; and a 
 certificate of such oaths having been respectively taken, shall 
 be filed with the treasurer of the cit)^ and entered upon the 
 journals of the city councils. Every other person elected or 
 appointed to any office under this act, or under any law or 
 ordinance of the city councils, except laborers, teamsters, or 
 temporary clerks, shall, before he enters upon the duties of 
 such office, take and subscribe said oath and such other oaths 
 as may be required by law or ordinance, before the mayor, or 
 any justice of the peace of said city ; and a certificate of the 
 same shall be filed in the office of the treasurer of the city. 
 The clerk of the corporation court of the said city shall notify 
 all persons elected as aforesaid, and the treasurer of the city 
 shall notify all persons appointed as aforesaid, of their elec- 
 tion or appointment, as the c.ise may be. If any person 
 elected or appointed to any office in said city, shall neglect to 
 take such oath for ten days after receiving notice of his elec- 
 tion or appointment, or shall neglect within that time to give 
 such securities as may be required of him by the city councils, 
 as hereinafter provided, or as may be hereafter required by 
 law or ordinance, he shall be considered as having declined 
 such office, and the same shall be deemed vacant, and such 
 vacancy shall be filled according to the provisions of this act. 
 
 CHAPTER II. 
 
 Mayor. 
 
 Election, term g. The mayor shall be elected by the qualified voters of the 
 mayo? city of Norfolk, for the term of two years, and until his suc- 
 cessor shall be elected and qualify. His salary shall be fixed 
 by the city councils, payable at stated periods, and he shall 
 receive no other compensation or emolument whatsoever ; and 
 no regulations diminishing such compensation after it has 
 once been fixed, shall be made to affect his compensation 
 
THE CHARTER OF THE CITY. 
 
 until after the expiration of the term for which the mayor 
 then in office shall have been elected. 
 
 9. He shall, by virtue of his office, possess all the juriadic- 
 tion, and may exercise all the powers and authority of a jus- 
 tice of the peace of the said city, in addition to the powers 
 hereby given by virtue of this act, or that may hereafter be 
 given him by virtue of any other act of assembly. 
 
 10. It shall he his duty to communicate to the city coun-His communt- 
 cils annually, as soon as may be after the commencement of cfi tlonto 
 
 the fiscal year, and oftener if he shall deem it expedient, or if 
 required by said councils, 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 
 j> roper. 
 
 11. He shall exercise a constant supervision over the con- General duties 
 duct of all subordinate officers, have power and authority to ofmayor ' 
 investigate their acts, have access to all books and documents 
 
 in their offices, and may examine said officers and their subor- 
 dinates on oath. He shall also have power to suspend or 
 remove such officers for misconduct in office, or neglect of 
 duty, to be specified in the order of suspension or removal; 
 but no such removal shall be made without reasonable notice 
 to the officer complained of, and an opportunity afforded him 
 to be heard in his defence. On the removal or suspension of 
 such officer or officers, the mayor shall report the same, with 
 his reasons therefor, to the city councils, at their next stated 
 meetings. 
 
 12. In case of the absence or inability of the mayor, any Absence of 
 justice of the peace in the city, selected by the mayor, shall m 
 
 act as mayor, and shall discharge the municipal duties of the 
 mayor during such absence or inability. 
 
 13. In case a vacancy shall occur in the office of mayor, the Vacancies in 
 council shall appoint a qualified person to fill the vacancy for 01 
 
 the unexpired term, except as provided in the next succeeding 
 secti'ou. 
 
 14. The select and common councils, in joint session, two- Mayor; how 
 thirds of the members elected to each council concurring, re 
 
 shall have power to remove from office the mayor of the city 
 of Norfolk for malfeasance, misfeasance, corruption, neglect of 
 duty or other misconduct in office, but he shall have at least 
 ten days previous notice in writing of the motion to remove 
 him, accompanied by a copy of the causes and charges alleged 
 as the ground of his proposed removal, and shall have the 
 right to be heard in person or by counsel in his defense, and 
 in case of the removal of the mayor under the provisions of 
 this section, the vacancy in the office of mayor shall be filled 
 at a special election of the qualified voters of the city of Nor- 
 folk to be ordered by the councils, and to be held in twenty 
 days after such removal. 
 
counciimen; 
 and 
 
 THE CHARTER OF THE CITY. 
 CHAPTER III. 
 
 Councils. 
 
 ; 15. There shall be elected on the fourth Thursday in May, 
 d eighteen hundred and eighty-four, and on the fourth Thurs- 
 day in May biennially thereafter, thirty counciimen, who 
 shall be apportioned to the several wards, as follows : To 
 the First, Second and Third wards eight each, and to the 
 Fourth ward six, and the same number of counciimen shall be 
 so elected until a reapporfcionment shall be made according 
 to law. The counciimen shall proceed at this first meeting 
 after their election, or as soon thereafter as practicable, in 
 such manner as they may deem proper, to elect eleven of 
 their number to constitute a select council, which select coun- 
 cil shall hold its meetings separate and apart from the re- 
 maining nineteen counciimen, who shall constitute the com- 
 mon council. The councils after their separate organization, 
 shall in such manner and at such time as may be prescribed 
 by ordinance, proceed to appoint all officers, clerks and assist- 
 ants, whoae election or appointment is not otherwise provided 
 for by law. 
 
 Select council; l^. The select council shall elect its officers, to consist of a 
 duties and ' president, vice president and clerk ; and the common council 
 shall elect its officers, to consist of a president and vice presi- 
 dent; the city treasurer shall be ex-officio clerk of the com- 
 mon council, and shall have an assistant. The select and 
 common councils, respectively, may elect such other officers 
 and clerks as they may deem necessary, which officers shall 
 be liable to be removed by the councils respectively, each act- 
 ing for itself in this regard, with power to the respective coun- 
 cils, each acting for itself, to supply any vacancy occuring. 
 The president or the president pro tempore, who shall pre- 
 side when the proceedings of a previous meeting are read, 
 shall sign the same. The president shall have power, at any 
 time, to call a meeting of his council, and in case of his ab- 
 sence from sickness, disability or refusal, the councils may be 
 convened by the order in writing, of any five members of the 
 common council, or three of the select council. 
 
 Ordinances of 17. Ordinances and resolutions may originate in either the 
 council. select or common council, to be approved or rejected by the 
 other, and may be amended by either council with the consent 
 of the other. But when the councils cannot agree upon any 
 ordinance or resolution, the same shall be referred to a com- 
 mittee of conference, to be appointed by each council. 
 Quorum. 18. The councils shall have authority to compel the attend- 
 
 ance of absent members ; to punish members for disorderly 
 behavior, and by a vote of two-thirds of the council to expel 
 a member for malfeasance of misfeasance in the office. They 
 shall keep a journal of their proceedings ; and their meetings 
 shall be open. A majority of the members of the councils 
 shall constitute a quorum for the transaction of business. 
 
THE CHARTER OF THE CITY. 7 
 
 But on all ordinances or resolutions appropriating money, 
 imposing taxes, or authorizing the borrowing of money, the 
 yeas and nays shall be entered on the journal, and a majority 
 of all the members elected to each council, shall be necessary 
 to give them the force of law. No vote shall be reconsidered 
 or rescinded at a special meeting, unless at such special meet- 
 ing 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 provisions Powers of 
 herein contained, the control and management of the fiscal counciL 
 and municipal affairs of the city, and of all property, real and 
 personal, belonging to the said city; and may make such ordi- 
 nances, orders and by-laws relating to the same as they shall 
 deem proper and necessary. They shall likewise have power 
 to make such ordinances, by-laws, orders and regulations as 
 they may deem desirable to carry out the following powers, 
 which are hereby vested in them : 
 
 First. To establish markets in and for said city ; prescribe TO establish 
 the times and places for holding the same; provide suitable markets - 
 buildings therefor, and to enforce such regulations as shall be 
 necessary or proper to prevent huckstering, forestalling, and 
 regrating. 
 
 Second. To erect or provide, in or near the city, su i table TO erect work- 
 workhouses, houses of correction or reformation, and houses houses ' 
 for the reception and maintenance of the poor and destitute. 
 They shall possess and exercise exclusive authority over all 
 persons within the limits of the city, receiving or entitled to 
 the benefits of the poor laws, and regulate pauperism within 
 the limits of the city; and the councils, through the agencies 
 they shall appoint for the direction and management of the 
 poor of the city, shall exercise the powers and perform the 
 duties vested by the law in overseers of the poor. 
 
 Third. To erect and keep in order all public buildings TO erect and 
 necessary or proper for said city. btm<Hn r gs Ublic 
 
 Fourth. To erect within said city a city prison, and said To erectt " &c t 
 prison may contain such apartments as shall be necessary for public prison! 
 the safe keeping and employment of all persons confined 
 therein. 
 
 Fifth. To establish and enlarge water works, gas works, TO establish 
 and electric lights within or without the limits of said city, works* ' 
 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 fixtures or appurtenances 
 thereof. They shall 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, by pro- 
 hibiting the throwing of filth or offensive matter therein, or 
 in other places where the water may be affected thereby ; and 
 such prohibition may be enforced by proper penalties. 
 
 Sixth. To estabilish, construct, and keep in order, alter TO establish 
 or remove landings, wharves and docks or land belonging to the 
 
8 
 
 THE CHARTER OF THE CITY. 
 
 Powers and 
 streets. 
 
 TO prevent 
 
 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, and prescribe the rates of wharfage to be paid by yes- 
 sels using the same; to prevent or remove all obstructions in 
 and upon any landings, wharves or docks ; to deepen and 
 clean the harbor and river. They may buy or build bridges 
 connecting the corporation with any suburb, town or village. 
 
 SeTenth. To close, extend, widen, narrow, lay out, graduate, 
 improve and otherwise alter streets and public alleys in the 
 said city, and have them properly lighted and kept in good 
 order, and they may make or construct sewers or ducts 
 through the streets or public grounds of the city, and through 
 any place or places whatsoever when it may be deemed by 
 the councils expedient. The councils may 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 said streets and 
 'alleys ; and may prevent or remove any structure, obstruc- 
 tion or encroachment over or under or in a street or alley, or 
 any sidewalk thereof, and may have shade trees planted along 
 the said streets. They may also regulate the size, materials, 
 and construction of buildings hereafter erected in such man- 
 ner as the public safety and convenience may require. 
 
 Eight. To prevent the cumbering of streets, avenues, 
 walks, public squares, lanes, alleys or bridges in any manner 
 whatever. 
 
 Ninth. To authorize the laying down of railway tracks, and 
 the running of horse cars thereon, in the streets of the city 
 under such regulations as they may prescribe. 
 
 Tenth. To determine and designate the route and grade of 
 any railroad to be laid in the city, and to restrain and regu- 
 late the rate ef speed of locomotives, engines, and cars upon 
 the railroads within the said city, and may wholly exclude 
 the said engines and cars, if they please ; provided no con- 
 tract be thereby violated. 
 
 Eleventh. To regulate and prescribe the breadth of tires 
 upon the wheels of wagons, carts and vehicles, of heavy 
 draught, used upon the streets of said city; provided however, 
 that this section shall not apply to vehicles coming into and 
 not owned in said city. 
 
 Twelfth. To require spirituous liquors, wine, oil, molasses, 
 vinegar and spirits of turpentine in casks to be guaged and 
 other products inspected; and may make provision for the weighing of hay, 
 fodder, oats, shucks, or other long forage. They may also 
 provide for weighing and measuring grain, coal, stone, wood, 
 lumber, boards, potatoes, and other articles for sale or barter. 
 
 Thirteenth. To require every merchant, retailer, trader, and 
 dealer in merchandise, or property of any description, which 
 is sold by measure or weight, to cause their weights and meas- 
 ures to be sealed by the city sealer, and to be subject to his in- 
 spection ; and may impose penalties for violation of any such 
 ordinance. 
 
 Railway 
 horse cars. 
 
 the city. 
 
 in er 
 
 regulated. 
 
 f 
 
 measuring 
 
 measures 
 
THE CHARTER OF THE CITY. 9 
 
 Fourteenth. To provide or aid in support of public free Public schools 
 schools, colleges and libraries. 
 
 Fifteenth. To secure the inhabitants from contagious, infec- Hospitals, 
 tious, or other dangerous diseases ; to establish, erect, and 
 regulate hospitals ; to provide for and force the removal of 
 patients to said hospitals; for the appointment and organiza- 
 tion of a board of health for said city, with the authority 
 necessary for the prompt and efficient performance of it's 
 duties. 
 
 Sixteenth. To provide, in or near the city lands, to be ap- cemeteries, 
 propriated. improved and kept in order, as places for the in- 
 terment of the dead, and may charge for the use of grounds 
 in said places of interment, and may regulate the same : pro- 
 vided that all moneys received for the use of such grounds 
 shall be set apart and appropriated for the improvement of 
 the cemeteries ; may prevent the burial of dead in the city, 
 except in the public burial ground ; 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. 
 
 Seventeenth. To establish a quarantine ground for the city ; Quarantine, 
 to prescribe the quarantine to be performed by all vessels 
 arriving within the harbor or vicinity of said city, and make 
 regulations therefor, subject to the laws of the state and the 
 United States ; but^if the place fixed on for the quarantine 
 ground be without the limits of the city, the assent of the 
 court of the county, wherein the quarantine ground is located 
 must first be obtained. 
 
 Eighteenth. To require and compel the abatement and re- Nuisances, 
 moval of all nuisances within said city at the expense of the 
 person or persons causing the same, or the owner or owners 
 of the ground whereon the same shall be ; to prevent or regu- 
 late slaughter houses and soap and candle factories within 
 said city, or the exercise of any dangerous, offensive or un- 
 healthy business, trade or employment therein; and to regu- 
 late the transportation of coal and other articles through the 
 streets of the city. 
 
 Nineteenth. If any ground in the said city shall be subject stagnant 
 to be covered by stagnant water, or if the owner or owners, 
 occupier or occupiers thereof, shall permit any offensive or 
 unwholesome substances to remain or accumulate therein the 
 councils 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 of sale in the same manner in which taxes 
 levied upon real estate, for the benefit of said city, are author- 
 ized to be collected : provided that reasonable notice shall be 
 first given to the said owners or 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. 
 
 Twentieth. To direct the location of all buildings for stor- Gunpowder 
 ing gunpowder or other combustible substances ; and to regu- 
 
10 THE CHARTER OF THE CITY. 
 
 late the sale and use of gunpowder, fire-crackers or fire-works, 
 manufactured or prepared therefrom, kerosene oil, nitro- 
 glycerine, camphene, burning fluid, or other combustible 
 materials ; to regulate the exhibition of fire-works, the dis- 
 charge 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, and to prohibit the carrying of 
 concealed weapons. 
 
 Hogs, dogs,&c. Twenty-first. To prevent hogs, dogs, and other animals, 
 from running at large in the city, and may subject the same 
 to such confiscation, levies, regulations and taxes, a.s they 
 may deem proper ; and the councils may prohibit the raising 
 or keeping of hogs in the city. 
 
 Horses, &c., in Twenty-second. To prevent the riding or driving of horses 
 or other animals at improper speed ; to prevent the 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. 
 
 prepress Twenty third. To restrain and punish drunkards, yagrants, 
 
 and vagrancy medicants and street beggars. 
 
 Vice t3 and im- Twenty-fourth. To prevent vice and immorality ; to pre- 
 
 moraiity. serve public peace and good order ; to prevent and quell riots, 
 disturbances and disorderly assemblages ; to suppress houses 
 of ill fame and gaming houses; to prevent lewd and indecent 
 and disorderly conduct or exhibitions in the city ; and to ex- 
 pel therefrom persons guilty of such conduct who shall not 
 have resided therein as much as one year. 
 
 vending Twenty-fifth. To forbid and prevent the vending or other 
 
 license andto disposition of liquors or intoxicating drinks to be drunk in 
 
 minors. any boat, store or other places not duly licensed ; and to for- 
 
 bid the selling or giving to be drunk, any intoxicating liquors 
 to any child or minor, without the consent of his or her par- 
 ents or guardian ; and for violation of any such ordinance, 
 may impose fines in addition to those prescribed by the laws 
 of the State. 
 
 Paupers and Twenty-sixth. To prevent the coming into the city from 
 beyond the limits of the state of person slaving no ostensible 
 
 w * _ ? . . 
 
 cro ~ w _ . . 
 
 bidden to means of support, or of persons who may be dangerous to the 
 come i] le p eace an( j sa f e ty o f the city ; and for this purpose may require 
 any railroad company, or the captain or master of any vessel, 
 bringing such passengers to Norfolk, to enter into bond, with 
 satisfactory security, that such person shall not become 
 chargeable to the city for one year, or may compel such com- 
 pany, captain or master to take them back from whence they 
 came, and compel the person to leave the city if they have 
 not been in the city more than ninety days before the order is 
 given. 
 
 General 20. When, by the provisions of this act, the city councils 
 
 councifas to have authority to pass ordinances on any subject, they may 
 
 penalties. prescribe any penalty not exceeding five hundred dollars, except 
 
 where a penalty is herein otherwise provided for, for a viola- 
 
 tion thereof; and may provide that the offender, on failing to 
 
THE CHARTER OF THE CITY. 11 
 
 pay the penalty 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 Norfolk. And the city councils 
 may subject the parent or guardian of any minor or the mas- 
 ter 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 councils, for publication of 
 the violation of which any penalty is imposed, shall take ordinances, 
 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 councils. A record or entry made by 
 the clerk of the common council, 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 ordinances of the city council may be read in evidence in 
 all courts of justice, and in all proceedings before any officer, 
 body or board in which it shall be necessary to refer thereto, 
 either from a copy thereof, certified by the clerk of the com- 
 mon council, or from the volume of ordinances printed by the 
 authority of the city. 
 
 2*2. The councils shall not take or use any private property Private prop- 
 for streets or other public purposes without making to the |?^O^PU^HC 
 owner or owners thereof just compensation for the same. But use. 
 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 cir- 
 cuit or county courts of the county in which the land shall 
 be situated, or to the proper court of the city having jurisdic- 
 tion of such matters, if the subject lies within the 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 been or Removal of 
 shall be encroached upon by any fence, building or otherwise, ^ e C n s ach ~ 
 the city councils may require the owner or owners, if known, 
 
 and if unknown the occupant or occupants of the premises so 
 encroaching, to remove the same. If such removal shall not 
 be made witljin the time ordered by the councils, 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- 
 croachment 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 taxes. No 
 encroachment upon any street, however long continued, shall 
 constitue an adverse possession to, or confer any rights upon 
 the person claiming thereunder, as against said city. 
 
 24. Whenever any street, alley, or lane shall have been streets, alleys 
 opened to and used as such by the public, for the period 
 
 five years, the same shall thereby become a street, alley or lane 
 for all purposes, and the city shall have the same authority 
 and jurisdiction over and right and interest therein, as 
 they have by law, over the streets, alleys and lanes laid 
 out by it. And any street or alley reserved in the division 
 
12 THE CHARTER OF THE CITY. 
 
 or sub-division, into lots of any portion of the territory, within 
 the corporate limits of the city, by a plat or plan of record, 
 shall be deemed and held to be dedicated to the public use; 
 and- the councils shall have authority upon the petition of any 
 person interested therein, to open sach street or alley or any 
 portion of the same. No agreement between, or release of 
 interest by the person owning the lands immediately con- 
 tiguous to any such alley or street, whether the same has been 
 opened and used by the public or not, shall avail or operate 
 to abolish said alley or street, so as to divert the interest of 
 the public therein, or the authority of the councils over the 
 same. 
 
 HOW same 25. Whenever any street shall be laid out, a street graded 
 or paved, a culvert built, or any other public improvement 
 whatsoever made, the city councils may determine what por- 
 tion if any, of the expense thereof ought to be paid from the 
 public treasury, and what portion by the owners of real estate 
 benefltted, or may order and direct that the whole expense be 
 assessed upon the owners ot real estate benefitted thereby. 
 But no such public improvement shall be made to be defrayed 
 in whole or in part, by a local assessment until first requested 
 by a petition signed by a majority of the owners of property 
 to be assessed for such improvement, or unless the councils 
 shall by a vote of a majority of all the members elected to each 
 council, declare the said improvement to be expedient ; and 
 shall furthermore give public notice of such resolution in two 
 or more newspapers published in said city for twenty days, and 
 shall thereafter by a like majority vote, order and determine 
 that the said improvement shall be made. 
 
 CHAPTER IV. 
 
 Election of Officers. 
 
 Election of 26. There shall be elected by the qualified voters of the 
 officers by the c ity of Norfolk on the fourth Thursday in May, eighteen 
 hundred and eighty- four, and on the fourth Thursday in May 
 in every second year thereafter, the following officers : One 
 collector of city taxes and levies; one city attorney; one 
 inspector of streets ; one clerk of the market ; one physician as 
 health officer; one keeper of the alms house ; one superinten- 
 dent of the cemeteries ; one weigher of hay; one wood measurer; 
 one sealer of weights and measures ; one guager -and inspector 
 of liquors, who shall hold their offices for the term of two 
 years from the first day of July ensuing their election, and 
 until their successors shall be elected and qualified, unless 
 sooner removed. 
 
 All other officers, clerks and assistants, whether required 
 by law or ordinance, shall be appointed by the councils at 
 their first regular meeting after their election, or as soon 
 thereafter as may be practicable, and the councils shall have 
 power to create such offices, clerks and assistants as they may 
 deem necessary, not inconsistant with the provisions of this 
 
THE CHARTER OF THE CITY. 13 
 
 act, or the constitution and laws of the state or of the United 
 States. 
 
 27. There shall be elected by the councils, at their first By the coun- 
 meeting after their election, one justice of the peace for each 01 
 
 ward, who shall reside in the ward for which he may be 
 elected, during his term of office, and the councils shall 
 designate one of said justices to hold the police court, and he 
 shall collect a fee of fifty cents in each case, one half of the 
 same to be paid by him to the treasurer for the use of the 
 city. 
 
 28. There shall be elected by the councils at their first ]^ h ho on8ta " 
 meeting after their election, one high constable for the city of elected and 
 Norfolk, who shall hold his office for two years, and until his duties - 
 successor is elected and qualified. He shall give bond with 
 
 sureties, to be approved by the corporation court of said city, 
 in the penalty of live thousand dollars, payable to the com- 
 monwealth of Virginia, and conditioned for the faithful per- 
 formance of his duties, said bond to be filed in the office of 
 the clerk of said court. He shall perform such duties, 
 have such powers, and be subject to such penalties as are 
 now or may be hereafter prescribed by law in reference to con- 
 stables. Said high constable may appoint, with the approval 
 of the councils, one or more deputies to attend to and execute 
 the duties of his office. But the surities on the bond of the 
 said high constable shall be equally liable for the acts of 
 the said deputy or deputies as for those of the principal. 
 The councils shall have power to remove the high constable 
 or any of his deputies, for cause, and appoint others in their 
 place. 
 
 29. If any person having been an officer in said city, shall 
 not within ten days after he shall have vacated or been re- 
 moved from office, and upon notification and request of the 
 city treasurer, or within such time thereafter as the city 
 councils shall allow, deliver over to the treasurer all the 
 property, books and papers belonging to the city, or apper- 
 taining 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 councils, 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. 
 
 30. The city councils shall grant and pay to all city of- Compensation 
 ficers, clerks and assistants, elected or appointed 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 act, or any other act of assembly hereinafter 
 enacted. 
 
 31. The councils may, so far as is not inconsistent with 
 the provisions of this act, or the constitutions and laws of the 
 state and the United States, define the powers, prescribe the 
 duties and compensation, and take from any of the officers 
 
14 
 
 THE CHARTER OF THE CITY. 
 
 hereinbefore or hereinafter provided for, bonds, with sureties 
 in such penalties as to the councils may seem fit, payable to 
 the city in its corporate name, with the condition^ for the 
 faithful performance of said duties. All officers appointed by 
 the councils may be removed from office at their pleasure ; 
 but this power shall not be construed to interfere with the 
 authority of the mayor to suspend or remove any city officer 
 for cause. 
 
 32. The parties to bonds taken in pursuance of the pre- 
 ceding section, their heirs, devisees, executors, and adminis- 
 trators, shall be subject to the same proceedings on the said 
 bonds, for enforcing the conditions and terms thereof, by 
 motion or otherwise, before the corporation or circuit court 
 of the city of Norfolk, that collectors of the county levy and 
 their sureties are or shall be subject to, on their bonds for 
 enforcing payment of the county levies. 
 
 city treasurer. 33. There shall be elected by the qualified voters of the 
 city of Norfolk, on the fourth Thursday in May, in eighteen 
 hundred and eighty-five, arid every three years thereafter, 
 one city treasurer, who shall hold his office for the term 
 of three years, and until his successor be elected and qualified, 
 unless sooner removed from office. He shall give bond with 
 sureties, to the amount, of not less than fifty thousand dollars, 
 said bonds to be approved by the city councils, entered on 
 their records, and filed in the clerk's office for the court of the 
 corporation. The said treasurer shall perform such duties, 
 have such powers, and be liable to such penalties as may be 
 prescribed by existing laws or ordinances, or as may be pre- 
 scribed by laws or ordinances hereafter enacted or ordained, 
 and he shall be ex-officio clerk of the common council. 
 
 34. There shall be elected by the qualified voters of the 
 city of Norfolk, on the fourth Thursday of May, eighteen 
 hundred and eighty-four, and biennially thereafter, one col- 
 lector of city taxes and levies, who shall hold his office for the 
 period of two years, and until his successor shall be elected 
 and qualified, unless sooner removed from office. He shall 
 give bond with sureties, to the amount of not less than fifty 
 thousand dollars, said bond to be approved by the city coun- 
 cils, entered on their records, and filed in the office of the city 
 treasurer. The said collector shall perform such duties, have 
 such powers, and be liable to such penalties as may be pre- 
 scribed by existing laws or ordinances, or as may be pre- 
 scribed by laws or ordinances hereafter enacted or ordained. 
 
 35. It shall be the duty of said collector to conduct all the 
 proceedings, and render all service necessary 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 councils as herein- 
 after provided. 
 
 36. There shall be elected by the qualified voters of the 
 city of Norfolk, on the fourth Thursday of May, eighteen 
 hundred and eighty-four, and every four years thereafter, one 
 commissioner of the revenue, who shall hold his office for the 
 
 Collector of 
 taxes, 
 
 Duty of col- 
 lector. 
 
 Commissioner 
 of the revenue 
 
THE CHARTER OF THE CITY. 15 
 
 period of lour years, and until bis successor shall be elected 
 and qualified, unless sooner removed from office. He sball 
 give bond with sureties, to the amount of not less than ten 
 thousand dollars, said bond to be approved by the city coun- 
 cils, entered on their records, and filed in the office of the city 
 treasurer. 
 
 37. The said commissioner of the revenue shall perform HIS duties, 
 such duties, have such powers, and be liable to such penalties 
 
 as may be prescribed by existing laws or ordinances, or as may 
 be prescribed by laws or ordinances hereafter enacted or 
 ordained. In case of a vacancy in the office from any cause 
 whatever, the councils shall appoint a qualified person to fill 
 the said office for the unexpired term. 
 
 38. The board of water commissioners, the board of health, Boards of 
 the board of fire commissioners and the board of street, sewer, sTonersof m19 
 and drain commissioners shall continue as at present r g a- J^eta'afc 
 nized, until the first regular meeting of the council in July, 8 
 eighteen hundred and eighty- four, at which time the said of- 
 fices shall become vacant. 
 
 39. The mayor shall have power to appoint a clerk to serve cierkto 
 during his term of office, and perform such duties as he may mayor< 
 require, who shall also act as the clerk of the police court, and 
 
 of the board of police commissioners. 
 
 CHAPTER V. 
 
 Finances and Revenues. 
 
 40. The city council may, in the name and for the use of 
 
 issue of debt 
 
 the city, contract loans, or cause to be issued certificates of g, rtlflcate8 ' 
 debt or bonds, but such loans, certificates or bonds shall not 
 be irredeemable for a period greater than thir ;ty- four years : 
 provided, however, that they shall not contract such loans or 
 issue such certificates of debt or bonds for the purpose of sub- 
 scribing to the stock of any company incorporated for a work 
 of internal improvement, or other purposes, nor indorse the 
 bonds of any such company without first being authorized so 
 to do by three -fourths of the legal voters of the city ; and they 
 shall not issue any such certificates of debt or bonds, or incur 
 any indebtedness in the name of, or for or on account of the 
 said city, or increase the said indebtedness, at any time, to an 
 amount greater than twenty per centum of the assessed value 
 of property, real and personal, set forth and contained in the 
 rolls or books of assessment of the commissioner of the revenue 
 of the city, for taxation by the city. 
 
 41. For the execution of their powers and duties, the city Taxes, how 
 councils may raise annually, by taxes and assessments, in ralsed 
 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 constitution 
 and laws of this state and the United States : provided, 
 however, that they shall impose no taxes on the bonds of said 
 city. 
 
16 THE CHARTER OF THE CITY. 
 
 42< The coimc il s ma J vest ir > the collector of the city taxes 
 and of assessments for use of water, gas or other purposes, any 
 or all of the powers which are now or may hereafter be vested 
 \n a sheriff or collector of the state taxes ; may prescribe the 
 mode of his proceeding, and the modo of proceeding against 
 him for failure to perform his duties. 
 
 Powers of dis - 43. All goods and chattels, wheresoever found may be dis- 
 trained and sold for taxes assessed and due thereon ; and no 
 deed of trust or mortgage upon goods or chattels shall pre- 
 vent the same from being distrained and sold for taxes 
 assessed against the grantor in such deed, while such goods 
 and chattels remain in the grantor's possession ; nor shall any 
 such deed prevent the goods and chattels from being dis- 
 trained and sold for taxes assessed thereon, no matter in whose 
 possession they may be found. 
 
 Payment 44. Any payment of taxes made by a tenant, unless under 
 
 an express contract contained in his lease, shall be a credit 
 against the person to whom he owes the rent ; and where any 
 tax is paid by a fiduciary on the interests or profits of moneys 
 of an estate, invested under an order of court or otherwise, the 
 tax shall be refunded out of such estate. 
 
 Lien for taxes 45. There shall be a lien on real estate for the city taxes, 
 assessed thereon, from the commencement of the year for 
 which they were assessed, and also for all local assessments 
 made thereon. The city councils may require real estate in 
 the city delinquent for non-paymant of taxes or assesments, 
 to be sold for said taxes or assessments, with interest thereon, 
 at the rate of six 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. 
 
 lector 6 by co1 ^' The collector of city taxes snail, under the direction 
 of the city councils, cause a notice of the time and place of 
 such sales to be published in one or more of tne daily news- 
 papers published in said city, at least ten days previous to 
 said 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 previous to such sale, a list of the several parcels of real 
 estate to be sold describing therein each parcel of real estate 
 in the same manner as the same is described in the assess- 
 ment 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. 
 
 Sale by coiiec- 47. jf guc } 1 | ax or asse g sm ent, and the percentage, interest, 
 and expense aforesaid, be not paid previous to 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 paid 
 several parcels of real estate, or so much thereof us may b< 
 neccessary, to the highest bidder ; and the sale may be 
 adjourned from day to day until it shall be completed. On 
 such sale the collector shall execute to the purchaser a cer- 
 
THE CHARTER OF THE CITY. 17 
 
 tificate of sale, in which the property pu chased shall be de- 
 scribed, and the aggregate 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. 
 
 48. If at any such sale no bid shall be made for any such Bids at coiiec- 
 parcel of land, or such bid shall not be equal to the tax or as- t0r ' s sale 
 sessment, with the interest and charges, then the same shall 
 
 be struck off to the city. On such sale the collector shall exe- 
 cute to the city a certificate of sale, in which the property pur- 
 chased shall he described, and the aggregate amount of tax or 
 assessment, with charges and expenses specified, and shall de- 
 posit such certificate with the treaurer. 
 
 49. The owner of any real estate so sold, his heirs, or as- Property so 
 signs, or any person having a right to charge such real estate deemed^ 
 for debt, may redeem the same by paying to the purchaser, 
 
 his heirs or assigns, within two years from the sale thereof, 
 the amount for which the same was so sold, and such addi- 
 tional taxes thereon, as may have been paid by the purchaser, 
 his heirs or assigns ; or if purchased by the city, such addi- 
 tional sums as would have accrued for taxes thereon if the same 
 had not been purchased by the city, with interest on the said 
 purchase money and taxes, at the rate of six per centum per an- 
 num, 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 as- 
 signs, may refuse to receive the same, or may not reside, or 
 cannot be found in the city of Norfolk. 
 
 50. Any infant, married woman, insane person, or person Rights of per- 
 imprisoned, whose real estate may have been so sold, or his 
 
 heirs, may redeen the same by paying to the purchaser, his 
 heirs or assigns, within five years after the removal of the dis- 
 ability, the amount for which the same was sold, with the 
 necessary charges incurred by the purchaser, his heirs or as- 
 signs, in obtaining the title under the sale, and such addi- 
 tional taxes on the estate as may have oeen paid by the pur- 
 chaser, his heirs or assigns, and the appraised value of any 
 improvements that may have been made thereon, with inter- 
 est on the said items, at the rate of six per centum per 
 annum, from the time the same may have been 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. 
 
 51. The purchaser of real estate sold for taxes and not Rights of pur- 
 redeemed, shall, after the expiration of two years from the hasers 
 sale, obtain from the city treasurer, a deed conveying the 
 
 same, wherein shall be set forth what appears in his office, in 
 relation to the sale. When the purchaser has assigned the 
 benefit of his purchase, the deed may, with his assent, evinced 
 by his joining therein, or by a writing annexed thereto be 
 executed to his assignee. If the purchaser shall have died, 
 
18 THE CHARTER OF THE CITY. 
 
 his heirs or assigns may move the corporation court of said 
 city, to order the treasurer to execute a deed to such heirs or 
 assigns. 
 
 Title of pur- 52. When the purchaser of any real estate sold for taxes, 
 
 complete^ m his heirs or assigns, shall have obtained a deed therefor, and 
 within sixty days from the date of such 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 as- 
 sessed 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 pro- 
 ceedings under which the said grantee claims title, unless 
 such irregularity appear on the face of the proceedings. And 
 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. 
 
 Purchase by 53. In case that any real estate struck off to the city, as 
 hereinbefore provided, shall not be redeemed within the time 
 specified, the city treasurer shall, within sixty days after the 
 expiration of two years from the 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 
 assigns shall acquire an absolute title to the same in fee. The 
 said certificate may be acknowledged or proved, and re- 
 corded in the same manner that deeds are recorded ; and the 
 said certificate, or the record thereof, or a copy of said record, 
 duly authenticated, shall, in all courts and places, be pre- 
 sumptive evidence of the fact therein stated, and of the regu- 
 larity and correctness of such sale, and all proceedings prior 
 1 thereto. 
 
 in^fund S ^4. The city councils, in joint session, at their first regular 
 
 missioners meeting in July, or as soon thereafter as practical b^e, shall 
 elect three citizens, freeholders, a board of sinking fund com- 
 missioners, to hold their positions for four years, and until 
 their successors are appointed and qualify, and whenever a 
 vacancy shall occur in said board by death, resignation or 
 otherwise, shall elect some person to fill such vacancy, being 
 citizens and freeholders ; and said board shall have charge of 
 the sinking fund of the city, and the treasurer shall pay over 
 to them all moneys appropriated to said fund by any law or 
 ordinance; which board and their successors shall, by and 
 with the advice of the chairman of the committee of finance 
 of the councils of the city, for the time being, hold, . manage 
 and invest the same in such manner as shall best conduce to 
 the extinguishing of the city debt; and the said commis- 
 sioners may, at all times, either in their own names or the 
 name of the city of Norfolk, institute and prosecute all suits 
 in law or equity, which, in the opinion of such board, may be 
 necessary in the managing and conducting of said sinking 
 fund; a"nd said commissioners shall, before entering upon 
 their duties, give bond to the satisfaction of the councils of 
 said city for the faithful discharge of the duties of their trust, 
 
THE CHARTER OF THE CITY. 19 
 
 and all the property and r iglits of property of every description, 
 belonging to said sinking fund, shall vest in and belong to 
 said commissioners, as trustees for the time being, who shall 
 have complete title thereto for all purposes of said trust, and 
 it shall be the duty of the said board of sinking fund com- 
 missioners, together with the mayor and councils, to see that 
 the city indebtedness is not increased beyond twenty per 
 centum of the assessed value of real and personal property, as , 
 returned by the commissioner of the revenue of the city ; and / 
 all issues of bonds shall, hereafter, bear upon their face a cer-| 
 tificate to this effect from the board of sinking fund commis-l 
 sioners. 
 
 CHAPTER VI. 
 
 Police Department. 
 
 55. The police department of the city of Norfolk, shall be Police, board 
 under the control and management of a board of police com- * 
 missioners, which shall consist of the mayor and of two elec- 
 tors of said city, who shall be elected by the common council 
 
 of said city, immediately after the passage of this act, and the 
 mayor shall be the president of said board. The persons 
 elected by the common council as aforesaid, shall continue in 
 office until the first day of July eighteen hundred and eighty- 
 six, and until their successors are elected and qualified. As 
 soon as the commissioners elected by the common council as 
 aforesaid, shall have taken the oath of office, the two police 
 commissioners then acting as such under any law heretofore 
 passed, shall immediately vacate their respective offices. 
 
 56. The councils shall at their first meeting in July, eigh- Police com- 
 teen hundred and eighty-six, or as soon thereafter as practi- miS8ioner8 
 cable, and biennially thereafter elect two police commissioners 
 
 to serve for two years, and until their successors are elected 
 and qualified. Any two of said commissioners shall form a 
 quorum for the transaction 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 orders shall not in any way conflict with 
 any ordinance of the city councils, or of the provisions of this 
 act, or the constitution and laws of this State or of the United 
 States. 
 
 57. The said police commissioners, after taking the oath of Duties of 
 office as such commissioners, shall meet at the office of theP. lic . e com ' 
 
 ,, -iiii i L> i missioners 
 
 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 in writing may appoint. 
 They shall perform the duties of said office, without any com- 
 pensation, 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. 
 
20 THE CHARTER OF THE CITY. 
 
 police commissioners to 
 
 select from among the electors of said city, and appoint by 
 warrant of appointment bearing the signatures of two of said 
 commissioners, to be immediately filed with the city treasurer, 
 so many permanent policemen, officers and patrolmen as 
 may be authorized by city councils; and said board shall 
 also appoint with the approval of the city councils, one chief 
 of police, and such other assistants and officers as they may 
 deem necessary, who shall hold office for the term of two 
 years, 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 
 each policeman of said force appointed in manner as afore- 
 said, may hold his respective office during the term of good 
 behavior, or until said board, by a majority vote, shall re- 
 move him. As soon as the appointments of policemen are 
 made in the manner as herein provided, then all the police- 
 men who shall be in service previous thereto, shall immedi- 
 ately vacate their offices respectively, unless re-appointed as 
 herein provided. 
 
 Additional 59. j n times of exigency, said commissioners, or a majority 
 of them, or any one of them, if the others should be absent 
 from the city or unable to act, may appoint, temporarily, 
 without authority from the city council, a suitable number of 
 additional pelicemen for such time as shall appear necessary, 
 not, however, to extend beyond the time of the next meeting 
 of the city council. 
 
 f ^0. ^ ne ma y or ' a ^ au 7 time, upon charges being preferred, 
 or upou finding said chief, or any other member of said police 
 force guilty of misconduct, shall have power to suspend such 
 member from service until the 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 of such member 
 shall cease from the time of suspension to the time of restora- 
 tion to service unless otherwise ordered by said board of 
 commissioners in their written decision, which shall be filed 
 with the clerk of the common council, and any violation of 
 the rules, regulations or orders of the board, or orders of any 
 superior, shall be good cause for dismissal. 
 
 61. The salary and pay of said chief and policemen shall 
 be determined by the city councils, and all bills of expense on 
 account of the police department shall be audited by at least 
 two of said commissioners. 
 
THE CHARTER OF THE CITY. 21 
 
 62. The said chief of police and every policeman duly ap 
 pointed as aforesaid, shall have issued to him a warrant of of appoint 
 appointment, signed by the president of the board and coun- m 
 tersigned by the clerk of the common council, stating the 
 
 date of his appointment, which shall be his commission ; and 
 he shall take such oath as the city councils may ordain, and 
 subscribe the same in a book to be kept for that purpose by 
 the said clerk of the common council. 
 
 63. The said chief of police and policemen shall generally 
 have power to do whatever may be necessary to preserve 
 the good order and peace of said city, and to secure its inhabi- 
 tants 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 crimi- 
 nal cases have the same powers and duties and be subject to 
 the same penalties that are prescribed by law as to consta- 
 bles. 
 
 64. The said board of commissioners may prescribe such Uniform of 
 uniforms and badges for the police force as they may deem po 
 proper, and direct in what manner they shall be armed. And 
 
 if any person, other than a policeman, shall publicly wear 
 such uniform and badges as may be prescribed as aforesaid, 
 he may be subjected to such fine, not exceeding the sum of one 
 hundred dollars, as the city councils may ordain. 
 
 CHAPTER VII. 
 
 Fire Department. 
 
 65. The city councils shall organize and maintain a fire chief ^engineer 
 department for said city, and appoint a chief engineer and dens re ., wa 
 fire wardens and assistants, with any or. all of the powers 
 
 which have been or may be vested by law in such officers. 
 They may also make rules and regulations for the govern- 
 ment of the officers and men of said fire department; may 
 prescribe their respective duties in case of fire or alarms of 
 tire ; may direct the dresses or badges of authority to be worn 
 by them ; may prescribe and regulate the time and manner 
 of their exercises ; shall fix their pay, and may impose rea- 
 sonable 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. 
 
 66. For the purposes of guarding against the calamities 
 fire, the city councils may make such ordinances as they may 
 deem proper to extinguish and prevent iires, prevent property 
 from being stolen, and to compel citizens to render as- 
 sistance to the fire department in case of need ; and they 
 may, from time to time, designate such portions and parts of 
 said city as it 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 
 
22 THE CHARTER OF THE CITY. 
 
 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 in 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 for the' removal of any such addition which shall 
 be erected contrary to such prohibition at the expense of the 
 owner or builder thereof. And if any building shall have 
 been commenced before said petitions can be acted on by the 
 councils, or if a building in progress appears clearly to be un- 
 safe, the councils may have such building taken down. 
 
 67. Whenever any building in said city shall be on fire, it 
 shall be the duty of, and lawful for the chief engineer to 
 order and direct such building, or any other building which 
 he may deem hazardous and likely to communicate fire to 
 other buildings, or any part of such 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 interested in any such building so destroyed or injured, 
 may, within three months thereafter, apply to the city coun- 
 cils to assess and pay the damages he has sustained. At the 
 expiration of three months, if any such application shall have 
 been made in writing, the city councils shall either pay the 
 said claimant such sum as shall be agreed upon by them and the 
 said claimant for such 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, col- 
 lection and payment of the same, in the same manner as is 
 provided for the ascertainment, assessment, collection and pay- 
 ment of damages sustained by the taking of land for purposes of 
 public improvement. 
 Damages by gg. The commissioners appointed to appraise and assess 
 
 fire; how as- . , . i i 
 
 eessed the damages incurred by the said claimant, by the pulling 
 
 down or destruction of such building, or any part thereof, by 
 the direction of the said officers of the city as provided above, 
 shall take into account the probability of the same having 
 been destroyed or injured by fire, if it had not been so pulled 
 down or destroyed, and may report that no damages should 
 equitably be allowed to such 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 councils, shall be deemed a full 
 satisfaction of all said damages of the said claimant. But 
 any party feeling aggrieved thereby, may appeal to the corpor- 
 ation or circuit court for the city of Norfolk ; which court, 
 in taking jurisdiction thereof, shall be controlled by the laws 
 regulating assessments of damages to real estate in other 
 cases. 
 
THE CHARTER OF THE CITY 23 
 
 CHAPTER VIII. 
 
 Water Department. 
 
 69. The water department of the city of Norfolk, shall be Water com- 
 under the general control and management of a board of water m 
 commissioners, which shall consist of three electors of said 
 
 city, to be chosen by the councils for the term of two years, or 
 until their successors are appointed and qualify. The com- 
 missioners shall elect from their body a president, a secretary 
 and a treasurer. The treasurer shall give a bond in the sum 
 of ten thousand dollars, and shall receive such compensation 
 as the councils may authorize ; the councils may also allow 
 compensation for the services of the other commissioners. 
 The water commissioners shall have such powers and perform 
 such duties as may be prescribed by law or ordinance. 
 
 CHAPTER IX. 
 
 School Board. 
 
 70. The board of school trustees for the city of Norfolk, 
 shall consist of two members from each ward of said city, 
 together with the president of the common council, and the 
 president of the select council, who shall be ex-officio mem- 
 bers of said board. 
 
 71. There shall be elected by the qualified voters in each HOW elected 
 ward of said city, on the fourth Thursday in May, eighteen 
 hundred and eighty-four, and biennially thereafter, one elector 
 
 as a member of the board of school trustees, who shall be 
 a resident of the ward during his term of office, to serve 
 for two years, and until his successor is appointed and qualified. 
 The persons so elected in eighteen hundred and eighty-four, 
 shall succeed the members of the present board, whose term 
 will expire on the first day of July, eighteen hundred and 
 eighty- four. 
 
 72. And the persons elected on the fourth Thursday in vacancy in 
 May, eighteen hundred and eighty-six, shall succeed the bc 
 members of the present board, whose terms will expire on the 
 
 first day of July, eighteen hundred and eighty-six. In case 
 of a vacancy in the board, the members thereof shall elect a 
 qualified person to fill the same, from the ward in which such 
 vacancy exists, for the unexpired term. 
 
 73. The said board of school trustees shall have and exer- Powers of 
 cise all the powers and duties which have been heretofore, or trustees 
 may hereafter be vested in the school board of said city, by 
 
 law or ordinance. 
 
 CHAPTER X. 
 
 74. The act entitled an act to amend and re-enact the Repeal or pro- 
 charter of the city of Norfolk, approved April twenty-first, & u8 charter ' 
 eighteen hundred and eighty- two, and all acts and parts of 
 
24 THE CHARTER OF THE CITY. 
 
 acts inconsistent with this act, are hereby repealed; and all 
 acts and parts of acts in any way concerning said corporation 
 and the rights of the people thereof, or any of them, not incon- 
 sistent with this act, shall be in as full force, to all intents 
 and purposes, as if this act had never been passed, 
 commencem't 75. This act shall be in force from its passage. 
 
TABLE OF CONTENTS 
 
 OF THE CHARTER. 
 
 Boundaries of the City Section 1 
 
 Councils " 15 to 25 
 
 " General Powers ft 19 
 
 Elections " 4, 5, 26 
 
 Finance and Revenue " 40 to 54 
 
 Fire Department " 65 to 6$ 
 
 Mayor " 8 to 14 
 
 Officers Powers, Duties, &c " 7 and 26 to 39 
 
 Police Department " 55 to 64 
 
 Penalties " 20 
 
 Publication of Ordinances " 21 
 
 Private Property how acquired ' 22 
 
 Streets " 19, 23, 24, 25 
 
 Schools " 70 to 73 
 
 Vacancies in Office " 6 
 
 Wards " 3 
 
 Water Department " 69 
 
REFERENCE TO FORMER CHARTERS. 
 
 The Original Charter of the BOROUGH OF NORFOLK was granted by 
 Letters Patent of George II, on the 15th of September, 1736, and was 
 confirmed by Act of the General Assembly in the same year. Acts were 
 passed amending this Charter and enlarging the powers and jurisdiction 
 of the Corporation in 1752, 1757, 1761, 1762, 1772, 1787, 1788, 1790, 1796, 
 1798, 1802, 1803, 1804, 1806, 1807, 1808, 1811, 1816, 1818, 1819, 1825, 
 1832, 1839, and on February 13, 1845, was passed the Charter of the CITY 
 OF NORFOLK. This Charter was amended March 20, 1850, May 19, 1852, 
 March 22, 1853, February 24, 1858. 
 
 After the Civil War, the Acts of Assembly relating to the City Charter 
 are as follows : 
 
 The Charter of 1871. In force March 16, 1871. Acts of 1870-71, 
 Chapter 139, amended as follows: 
 
 Act of March 4, 1872 Page 102, 
 Acts of 1872-73 Pages 175, 295. 
 
 1874 " 90. 
 
 1875-76 " 127. 
 
 " 1876-77 " 6. 
 
 THE CHARTER OF 1882, 
 
 was in force April 21, 1882, Acts of 1881-82, Chapter 70, Page 405, 
 Sections 55 and 64 amended January 19, 1882, Acts of 1881-82, Page 
 22, Chapter 24 Police Department. 
 
THE OKDIlSTAlSrCES 
 
 OF THE 
 
 CITY OF NOEFOLK. 
 
 COMPILED BY 
 
 CHARLES G. ELLIOTT 
 
 AND 
 
 PUBLISHED BY AUTHOEITY 
 OF THE COUNCILS. 
 
 1885. 
 
 Date of Enactments including August, 1885. 
 
TABLE OF CONTENTS, 
 
 ORDINANCES. 
 
 Page. 
 
 Alms House and Poor 25 
 
 Advertising 26 
 
 Banks License Tax 52 
 
 Buildings Public 27 
 
 Bonds City.. 53 
 
 Carts, Drays and Wagons 27 
 
 CEMETERIES 
 
 Cedar Grove and Elmwood 29 
 
 Calvary 32 
 
 West Point 33 
 
 Dogs 34 
 
 Fences and Party Walls 35 
 
 Fines and Penalties 37 
 
 Fire Department 37 
 
 Finance and Revenue 42 
 
 Sinking Fund .... 46 
 
 Appropriations for 1885 47 
 
 Special Appropri?vtions for 1885 121 
 
 License Taxes 49 
 
 City Bonds 52 
 
 Gymnasium and Athletic Association 66 
 
 Hacks, &c., for hire ..' 67 
 
 Health 68 
 
 Houses Wooden 12 
 
 Instruments in Writing Execution of 73 
 
 Lights 74 
 
 Map of the City 163 
 
 Markets. . . . .* 75 
 
 Nuisances 79 
 
 Officers of the City, Powers, Duties, Salaries, &c 82 
 
 Police Department 93 
 
 Powder 163 
 
 Railroads :>; 
 
 Locomotive Engines 10f> 
 
 Rules of Order 165 
 
 Sabbath 99 
 
 Schools 100 
 
 Small Scrip 101 
 
 Sparrchvs and other birds 101 
 
 Strays , 102 
 
 Sale of Real Estate for taxes 102 
 
 Streets, Sewers and Drains 103 
 
 Redemption of Delinquent Lands 123 
 
 Seal of the City 120 
 
 Taxes on Lands, Lots, etc 122 
 
 Vagrants 124 
 
 Wards, Registration Precincts and Voting Places 124 
 
 Wharves 128 
 
 Water Works 129 
 
 Weights and Measures 154 
 
THE ORDINANCES OF THE CITY OF NORFOLK 
 
 CHAPTER I. 
 
 Alms House and Poor. 
 
 1. The keeper of the alms house shall, in all matters per- 
 tain ing to the poor and the alms house, obey the orders and house commit- 
 instructions of the joint committee of the councils who shall 
 
 overseers 
 
 be appointed to superintend the affairs of the alms house, the poor 
 which committee are the overseers of the poor for the city. 
 
 2. The joint committee shall inspect and superintend the Duty of the 
 alms house, and make all proper regulations for its govern- ^ keeper; 
 men t, for the reception and maintenance of its inmates, and who shall be 
 for the admission and reformation of vagrants and others, and 
 see that the keeper separates the inmates and arranges them 
 in proper classes, keeping the vagrants, the poor and the sick, as 
 far as practicable, separate and apart ; the keeper shall provide 
 employment for the vagrants and such of the poor as may be 
 able to work; he may furnish junk or other material for this 
 purpose, and may also employ them about the alms house and 
 the grounds. The keeper shall receive into the alms house 
 only such vagrants and others as the joint committee, (or a 
 majority of them) shall direct ; and the order for their admis- 
 sion shall be signed by the chairman of the respective com- 
 mittees of the select and common councils, or by any one of 
 the joint committee that may be authorized by said committee 
 for that purpose. 
 
 .'>. T he committee may employ nurses to attend upon the committee 
 sick, and allow them such reasonable compensation as may be nursed 11 
 thought proper, and shall annually advertise for proposals and 
 contract for the supply of rations and supplies, to be delivered 
 at the alms house for the consumption of the inmates. 
 
 4. Any person who shall bring any pauper or other person Penalty for 
 
 au 
 
 likely to become chargeable to the city within the same, or 
 shall aid therein, shall pay twenty dollars for every suc'h of- 
 fence one-half, when recovered, shall go to the informer, and 
 the informer shall be a competent witness in the case. It shall 
 be the duty of the inspector of streets and policemen to make 
 inquiry after all persons likely to become chargeable to the city, 
 not being residents, and report them to the committee, who 
 shall take measures for their removal, and draw upon the 
 treasurer Tor the necessary money for that purpose. 
 
 5. All accounts against the alms house shall be certified by Accounts to 
 ,1 -ij i i> i T -LI IP ii De submitted 
 
 the committee before being submitted for payment to the by keeper 
 
 councils. The keeper shall render semi-monthly accounts of - 
 
 tti' 1 receipts ,-iud disbursements of the alms house, and pay over 
 to the treasurer any money on hand, and on failure to do so 
 for five days, he shall pay a fine of twenty dollars. 
 
26 CITY ADVERTISING. 
 
 officer 3 * heaHh 6 * The nealtn officer shall visit the alms house otice every 
 day at least, and more frequently when necessary, and there 
 perform the duties of physican, surgeon and man mid-wife; 
 and he shall also visit and administer to all patients or per- 
 sons affected with infectious or contageous diseases who may 
 be sent either to the alms house or pest house. The alms 
 house committee may require the health officer to visit and at- 
 tend such other of the sick poor people of the city as they may 
 think proper. 
 
 Health officer 7. It shall be the duty of the health officer to view the body 
 
 ttflcat^of cer f anv person who has died without having a medical attend- 
 
 cer an *' an< ^' a ^ er a satisfactory examination in each case, furnish 
 
 tain cases 
 
 a certificate stating sex, color, age and name of the deceased, 
 
 and the disease known or supposed to have been the cause of 
 his or her death ; and in all cases of the inability to collect 
 from the estate of the deceased the sum of one dollar, the same 
 shall be paid by the city to the health officer. 
 
 thesten of ^* ^ ie s y s ^ em ^ accounts for the regulation of the alms 
 accounts to be house shall be made to conform as nearly as possible to the 
 keeper 7 of e the rules re g ulafcin g tn e receiving and accounting for stores, in 
 aims house the nature of quartermaster and subsistence stores, and for 
 moneys and other property, that apply to the keepers of the 
 military stores of the United States, and printed forms to this 
 end shall be prepared by the alms house committee. 
 
 Reports [). The keeper of the alms house shall present monthly re- 
 
 ports to the alms house committee of the councils, according 
 to the forms provided. 
 
 Articles to be 10. All subsistence stores and other articles for the use of 
 u^n S requisi-the alms house shall be furnished upon the requisition of the 
 tions, counter- keeper of the alms house, when approved by the chairman of 
 aifditor ap- the alms house committee of the councils, and borne upon the 
 chaTrma^fof accoun ts of the keeper all requisitions to be counter- 
 committee; signed by the auditor of the city, whose duly it shall be to 
 of audl ~ examine and approve the monthly accounts of the keeper of 
 the alms house in all their details, and present consolidated 
 quarterly statements therefrom to the councils. All requisi- 
 tions from the keeper of the alms house shall specify the 
 article, quantity and the time for which he has estimated ; 
 also the number of inmates the number of inmates to be 
 certified as correct by the physician upon all requisitions. The 
 keeper of the alms house shall so prepare his estimates as to 
 present requisitions for supplies and other stores on the first 
 day of each month. 
 
 CHAPTER II. 
 
 City Advertising. 
 
 1. Whenever any contract shall exist between the city and 
 dom? b y b p\rt- tne owners of any newspapers for the publication of advertise- 
 ies under con- ments for the city, it shall not be lawful for any member of the 
 cuy twiththe councils or committee thereof or any officer or agent of the 
 
PUBLIC BUILDINGS. 27 
 
 city to publish in any newspaper not under contract with the 
 city as aforesaid any notice or advertisement of any matter re- 
 lating to the affairs of the city, unless special authority so to 
 do shall be given by the councils. 
 
 2. Any officer or other person violating the provisions of the Penalty 
 preceding section shall pay to the city the cost of advertising 
 or publishing such notice. 
 
 CHAPTER III. 
 
 Public Buildings. 
 
 1. The committee of the councils on public buildings and^* 108 ^ 1 . 1 . 
 
 -ITU! ,1 i ,. ii II nave control 
 
 grounds shall have the general supervision ol the court house, of public 
 and of all other public buildings, which are not specially p^tSPor 
 placed under the control of some other standing committee, other meet- 
 or the boards of commissioners. And no person or person SiS "herein 6 
 shall use or occupy any of said buildings for the purpose 
 holding any political or other meeting without the consent in 
 writing of said committee on public buildings and grounds. 
 
 2. If any person or persons shall use the court house or any 
 
 public building, or shall forcibly enter therein, in violation biy entering 
 of this chaper, he or they shall each pay a fine of not less than fn contrary 
 two nor more than twenty dollars. to law 
 
 CHAPTER IV. 
 
 Carts, Drays and Wagons. 
 
 I 
 
 1. Every person who shall have a cart, dray, truck or wagon who required 
 in this city for hire or private use, shall first obtain a license j^g^artsT 6 
 for such a privilege. Before such license is issued there shall drays and " 
 be paid to the collector, and his receipt therefor produced to the imposed ta 
 commissioner of the revenue, the annual tax of ten dollars, on 
 the driver of a one-horse cart, dray, truck or wagon, and twenty 
 dollars on the driver of a two-horse cart, dray, truck or wagon; 
 and after that rate for any less period than a year. Country 
 vehicles engaged in hauling produce to and from farms are 
 excepted from the provisions herein, contained, but dealers in 
 produce, manufacturers and others engaged in business with- 
 out the limits of the city, and who habitually use their vehi- 
 cles upon the streets of the city, are not exempt from the re- 
 quirements of this ordinance. 
 
 Hut the collector will charge and collect for licenses issued Double tax on 
 to non-residents double the amount paid by the citizens of nou residcnt8 
 Norfolk city. 
 
 Licenses shall be issued quarterly, say the firgt day of Janu- when licenses 
 ary, April, July and October; but in order to have them all ex- e *P ire 
 pire at one date, the collector is authorized to issue to appli- 
 cants a license for such a period as will enable him to carry 
 out this provision, upon terms pro rata of the whole tax im- 
 posed. 
 
28 CARTS, DRAYS AND WAGONS. 
 
 2. The commissioner of the revenue shall keep a register of 
 
 <->! ICVUMUfcJ IO j i . -I i n 11 
 
 keep register, the license and number 01 the same in every case, and shall 
 
 numberfhfe furni sh to every such person a tin plate painted black and 
 
 fees marked white with the letter II ., and the number correspond- 
 
 ing to the number in the register, for which the commissioner 
 
 of the revenue shall receive a fee of twenty-live cents in each 
 
 case, to be paid by the driver, and the said plate shall be at- 
 
 tached to the cart, dray or wagon in a conspicuous place. 
 
 The commissioner of the revenue shall receive a fee of thirty 
 
 cents for each license, and a like sum or fee for each transfer, 
 
 to be paid by the party applying therefor. 
 
 Rates which 3. In the absence of a special agreement there shall be paid 
 
 S* y what h eorf- f r ever j cord of wood carried to either side of Cove street, 
 
 sti t u tes a load; or a line running parallel thereto, sixty cents; beyond Cove, 
 
 f Sal to haul*"' " to either side of Charlotte or Granby streets (above Stone 
 
 Bridge), seventy-two cents ; and to any other part of the city 
 
 north of Charlotte and west of Granby streets, eighty cents; 
 
 and after that rate for any greater or less quantity. For every 
 
 dray or cart load, or part of a load of any other article carried 
 
 to either side of Cove street, twenty-Jive cents ; beyond Cove 
 
 and to either side of Granby (above Stone 15 ridge) and Char- 
 
 lotte streets thirty cents ; and for all west of G ranby or north of 
 
 Charlotte, thirty-five cents; and double these rates for wagon 
 
 j loads. Where wood or any other article is to be carted from 
 
 the northern part of the city south, the reverse of these charges 
 
 shall be paid, still making the above named streets the line. 
 
 Three barrels of molasses, live other barrels, five sacks of salt, 
 
 eigb t sacks of coffee, or one hogshead, shall be deemed a load. If 
 
 any driver of a vehicle with the letter II., as aforesaid, being un- 
 
 employed at the time, shall refuse the use of the same when call- 
 
 ed upon, he shall pay for every such offence a fine of two dollars. 
 
 Person under 4. No person under eighteen years of age shall drive any 
 
 is not to drive p U }ji j c CiiT \ -^ ^ray or wagon in this city, and the owner of any 
 
 such public cart, dray or wagon who shall permit the same 
 
 to be so driven shall pay a fine of two dollars for every such 
 
 offence, one-half of which shall go to the informer. 
 
 License may 5. A person obtaining a license under this ordinance may 
 id transfer the unexpired term thereof at the office of the com- 
 missioner of the revenue, and thereupon a new license shall be 
 issued for the balance of the term. 
 
 stand for pub- G. All public car ts, drays or wagon s shall stand when not 
 employed on Eoanoke Square, or at the foot of the market house, 
 on Water street; and for a violation hereof the driver of such 
 cart, dray or wagon shall pay a fine of two dollars, one of 
 which shall go to the informer. 
 
 Penalties 7. Any person who shall violate any provision of this ordi- 
 
 nance, where 119 other penalty is imposed, shall pay a fine of 
 not less than five or more than twenty dollars. 
 
 aSvertis rto ^' '^ Q co ^ ec ^ or shall advertise for three days in all the 
 
 pirat[onof e fi- claily morning papers published in the city prior to the first 
 
 days of January, April, July and October, the fact that 
 
 licenses are required to be renewed on those dates as herein 
 
 provided. 
 
CEMETERIES. 29 
 
 CHAPTER V. 
 
 Cemrt-cries Cedar Grove and Elmwood. 
 
 1. The public burying grounds known as Cedar Grove and Grounds set 
 Klin wood Cemeteries are hereby set apart for the burying of burying'the 
 
 the dead ; and it shall not bo lawful to bury the body of any J e fd; uniaw- 
 
 .... ,. ., ,-,i -i J fultobury 
 
 |M'ivmi witliin the limits of the city except m the said ceme- elsewhere 
 
 teries, or such other burying grounds as the councils may 
 establish and set apart lor that purpose 
 
 2. The said cemutoric.s shall be divided by the superintend- cemeteries to 
 ent into lots of suitable and uniform size, with alleys and cro^a iota bv super- 
 alleys and ornamented with trees. The superintendent shall intendent and 
 
 , . , record ot same 
 
 keep a record of the lots so that the same may be known and kept 
 easily found, should the boundaries become obliterated, and 
 each lot shall have a separate number, and his record shall 
 contain an account of all interments made in the cemeteries. 
 
 ?>. The treasurer of the city shall also keep in his office a Record also to 
 copy of the plan of each cemetery and he shall sell the lots at J?f t y f {JJasurer; 
 forty dollars each, giving a receipt therefor to the purchaser P rice ot lots 
 specifying the number and location thereof and enter the same 
 on his record. 
 
 Such receipt and entry shall give to the purchaser a title to NO lot sold ex- 
 the lot subject to such regulations as the councils may estab- family o? 9 piir- 
 lish for the government of the said cemeteries. Hut no person c<baaer 
 shall be allowed to purchase a lot except for the use of his own 
 family. Any lots that may be irregular in size shall be sold at 
 prices in proportion to the regular lots. 
 
 4. The superintendent of the cemeteries shall,under the orders superinten- 
 and directions of the committee on cemeteries of the councils, 'eare 
 take the care and oversight of the cemeteries, keep the walks teries and 
 and alleys in good order and have suitable trees and shrubs anTshrubs 
 planted therein. 
 
 5. The superintendent shall enter in a book the name, age and Record of 
 
 -,,. . , f, name, age, &c. 
 
 calling of each person interred, and, as far as can be ascer- of deceased; 
 tained by him, the disease of which he died. From this book t\^ ly heaith 
 he shall make an abstract and report it on the first Monday in officer; pub.u- 
 every month to the health officer, who shall publish the same ca 
 in proper form on the Monday following, as provided in the 
 ordinance concerning health. 
 
 6. The superintendent shall cause sunken graves to be keptsuperinten- 
 filled up, the grass and weeds cut, the trees and shrubbery on assistance^ 69 ' 
 and around each lot to be trimmed up twice a year. All how provided 
 assistance necessarily required by him for the proper mainten- 
 ance of the cemeteries, and all workhorses, carts and imple- 
 ments required, shall be provided at the cost of the city, by 
 
 the committee on cemeteries, and the superintendent shall be 
 held accountable for the care and safe keeping of all such 
 property. 
 
 7. No grave shall be dug or opened in any lot or other place NO person to 
 in either of the said cemeteries, or in any other burying ground, SSe 
 except by the superintendent thereof. intendent 
 
30 
 
 CEMETERIES. 
 
 Dimensions 
 
 Public vaults & No person shall place, or cause to be placed, any dead 
 body in the public vault in either of the cemeteries, or any 
 other burying ground, between the first of April and the first 
 of November in each year. Any person placing any dead body 
 in said vault between the first of November and the first of 
 April shall have the same removed and buried within sixty 
 days after it shall have been placed there. Before the body 
 of any person not a resident of the city, shall be deposited in 
 said vault, there shall be placed in the hands of the superin- 
 dent of cemeteries a sum sufficient to defray the expenses of 
 burial of such person, in case the body should not be taken 
 out within the time required by this section. 
 
 9 * "^ ? rave sna ^ be opened for the disinterment of any dead 
 body in either of the cemeteries, or any burying ground of the 
 city, from the first of May to the first of December in every 
 year ; nor shall any vault be opened for a like purpose ; and 
 if any person shall violate this section, such person shall pay a 
 fine of twenty dollars for each and every offense. 
 
 10. The graves of adults shall be at least four feet deep, and 
 of children four feet. The superintendent shall charge for the 
 use of the city for graves opened in Cedar Grove and Elmwood 
 Cemeteries the following rates : For single graves for children 
 under five years of age, one dollar; for graves to be lined with 
 brick or plank, for children under five years of age, two dol- 
 lars; for single graves for children from five to twelve years of 
 age two dollars ; for graves to be lined with brick or plank, 
 three dollars ; for single graves for persons over twelve years 
 of age, and for adults, two dollars ; box graves, three dollars ; 
 for graves prepared so as to be lined with brick or plank, four 
 dollars. 
 
 wqrkinceme- 11. All work appertaining to the cemeteries, including turf- 
 
 p1frh?tende u nt in g fillin g P lots > fillin g U P graves, cutting of grass, cleaning 
 
 for use of city; of lots, cleaning of monuments, tombstones, &c., shall be done 
 
 lowed e toVo by the superintendent of cemeteries for the benefit of the city, 
 
 w ermTt ith ut an( ^ no P erson shall do or cause to be done, any work in Cedar 
 
 Grove or Elmwood Cemeteries except that provided for in sec- 
 
 tion 15, without the written consent of the committee on cem- 
 
 eteries, under a penalty of five dollars for every offence. 
 
 All grievances as to prices between lot owners and others 
 w rth the superintendent, shall be referred to the committee 
 on cemeteries for adjustment. 
 scale of prices 12- The following are the prices established for doing work 
 for work j n fc} ie cemeteries Cedar Grove and Elmwood: 
 
 For filling up lots, 50 cents for every cart load of dirt used, 
 and $2.00 per day for the laborer. 
 
 For turfing one lot, $8 
 
 For filling up and turfing one grave under 12 years old, 
 
 For filling up and turfing one grave over 12 years old, 1 
 
 For filling one grave under 12 years old, 
 
 For filling one grave over 12 years old 
 
 For cutting grass, trimming trees and shrubbery 
 on lots twice a year, 
 
 For disinterring bodies under 12 years old, - 
 
 Disputes be- 
 
 tied 
 
 - 1 
 
 - 1 
 
 - 4 
 
 00 
 75 
 25 
 50 
 00 
 
 00 
 00 
 
CEMETERIES. 31 
 
 For disinterring bodies over 12 years old, - - $8 00 
 K<>r depositing ;i body in the public vault, - 50 
 
 For removing or taking out a body from the public 
 
 vault, 50 
 
 For depositing a body in a private vault, - 1 00 
 K). The superintendent shall receive a salary of one thou- supertnten- 
 
 sand dollars per annum, and shall not be entitled to receive hon!i S ari ary ' 
 
 any other compensation for any services rendered by him by so ! 1 ' i monthly 
 
 ., J ... r. i> J settlements 
 
 order of (lie councils or committee thereof. But all moneys 
 
 received by him For opening graves, or other work, shall be for 
 the use of the city, and shall be accounted for by him, and paid 
 semi-monthly to the treasurer, who shall receipt for the same, 
 and a record thereof shall be kept in a book by the superin- 
 tendent. The superintendent shall give bond with security 
 satisfactory to the councils, in the sum of one thousand dol- 
 lars. 
 
 14. The committee on cemeteries shall set apart a portion Grounds set 
 of same for single graves. For each grave opened there shall gUgraves; 8111 " 
 be paid, for an adult five dollars, and for a child two dol- price of same 
 lars and fifty cents. Before any such grave shall be opened by 
 
 the superintendent the party applying therefor shall produce 
 the receipt and written order of the treasurer of the city. 
 
 15. The proprietors of lots shall have a right to enclose the Regulations 
 same with a wall of stone not exceeding one foot in thickness, proprietors of 
 nor more than two feet in height above the surface, or with a lots 
 railing, (except of wood.) All such railings to be light, neat 
 
 and symmetrical. They shall have the right to erect any 
 proper stones, monuments, or sepulchral structure thereon; 
 and also to cultivate shrubs and plants in the same. If any 
 trees or shrubs situated in any lot shall by means of their 
 roots, branches or otherwise, become detrimental to the adja- 
 cent lots or avenues, or unsightly or inconvenient to passen- 
 gers, it shall be the duty of the committee, and they shall 
 have the right, to enter the said lot and remove the said trees 
 and shrubs, or such parts thereof as are detrimental, unsightly 
 or inconvenient. Wooden enclosures and lettered boards des- 
 ignating graves will not be allowed. 
 
 Kvery owner of a lot, or trustee having a lot in his charge in Lot owners to 
 either cemetery, is hereby required to place and keep his lot in Jro{rer a concii- 
 a proper condition ; and in case of failure so to do after due tj on 
 notice from the superintendent, such persen shall pay a fine 
 of five dollars for every seven days that his lot shall so 
 remain in an improper condition. And it shall be the duty of 
 the superintendent to issue such notice with the approval of 
 the committee on cemeteries. 
 
 16. The cemetery gates shall be kept closed day and night, Gates ^closed; 
 and no persons admitted except officers of the city, without required for 
 permission from the superintendent, or the committee on cem- admission 
 eteries. The superintendent shall issue to the owner or part 
 
 owner of a lot a yearly ticket admitting him or his family to 
 the grounds at all times, but children must be under the 
 charge of some grown person. 
 
CEMETERIES. 
 
 Permits to 
 
 visitors; 
 
 improper 
 
 characters 
 
 excluded 
 
 Superinten- 
 dent's duties 
 
 Duty of 
 visitors 
 
 Superinten- 
 dent and 
 employees 
 special police- 
 men with 
 power to 
 arrest 
 
 Penalty for 
 desecrating 
 the cemeteries 
 
 Grounds set 
 apart for 
 colored citi- 
 zens under 
 control of 
 cemetery 
 committee 
 
 Grounds to he 
 laid off in lots 
 to be sold by 
 treasurer at 
 price fixed by 
 committee 
 
 Permits to visitors shall be given by the superintendent 
 or committee, and lot owners may loan their tickets to their 
 friends; but all lewd and improper characters shall be re- 
 fused admittance with or without tickets as visitors. 
 
 The superintendent or some person authorized by him shall 
 be on the grounds to admit and aid visitors. 
 
 All visitors shall be required to observe strictly the decorum 
 appropriate to the sacred grounds. 
 
 17. The superintendent and all officers and employees con- 
 nected with the cemeteries are hereby constituted special po- 
 licemen, and they shall have power to compel any person dis- 
 turbing the quiet or good order of the place to immediately 
 leave the grounds ; and they shall have power to arrest any 
 person who shall violate any provision of this ordinance, or 
 commit any trespass or depredation upon the premises. 
 
 18. If any one shall break or deface any part of the walls 
 or gates of any of the cemeteries or burying-grounds of the 
 city, or shall walk on the top of said walls, or shall climb over 
 the same, or cut or deface any tree, post, monument, or tomb- 
 stone, slab, shrub, flower or other thing in any of the cemete- 
 ries or burying-grounds, or hunt or shoot within the same, 
 such person shall pay a fine of five dollars for every such offense, 
 one-half of which shall go to the informer. .No dogs, goats, 
 or fowls of any kind, shall be allowed to enter the cemeteries, 
 and owners of such dogs, goats or fowls shall pay a fine of five 
 dollars for permitting them to go in the cemeteries. 
 
 CHAPTER VI. 
 
 Calvary Cemetery. 
 
 1. All that piece or parcel of land belonging to the city of 
 Norfolk, lately purchased of T. R. BaUcntim, //////// <>/t Tan- 
 ner's Creek, north of Princess Anne road, shall be set apart, and 
 appointed as the burial ground of the colored citizens of the 
 city, and shall be known as Calvary Cemetery. The joint com- 
 mittee of the councils on cemeteries shall have general control 
 and management of interments in the said cemetery, of the 
 preservation, improvement and embellishment of the grounds, 
 and over the keeper and other persons employed about them, 
 and the members of the said committe shall from time to time 
 visit and inspect them. 
 
 2. The grounds of said cemetery shall be surveyed under 
 the direction of the said joint committee, and divided into sec- 
 tions of convenient and suitable size, with alleys and cross 
 alleys, and ornamented with trees: the sections or parts thereof 
 to be sold by the treasurer of the city, at prices to be fixed by 
 the said committee, with the approval of the councils; and the 
 treasurer shall give a receipt for the purchase money, specify- 
 ing the number and place of the lot sold, arid enter in a book 
 the names of the purchasers, which receipt and entry shall give 
 title to the purchaser, subject to the regulations of the ceme- 
 tery. 
 
CEMETERIES. 33 
 
 3. The provisions of the ordinance relating to Cedar Grove ;\ amo re *" la ~ 
 
 -, - 1 - 11 , . ,, ,, fe nous as Klnr 
 
 and EJra wood Cemeteries .shall apply, as far as maybe con- w<>n.i U mi 
 sistent, to Calvary Cemetery ; provided, however, that the price pJ-J, 1 !, 1 .^ f"jjj mj: 
 demanded for opening graves shall be one dollar and twenty- opening 
 five cents for single graves, and two dollars and fifty cents for"' 
 double graves; and provided, further, that all money received 
 by the keeper of Calvary Cemetery, under this ordinance, shall 
 be accounted for and paid over to the treasurer of the city. 
 For plank or brick graves, two dollars ; for box graves, three 
 dollars; for graves prepared so as to be lined with brick or 
 plank, four dollars. 
 
 4. The committee on cemeteries shall set apart a portion O f 
 (HI vary Cemetery for single graves for the interment of colored 
 citizens and strangers, and for the ground and grave furnished 
 for any person above the age of sixteen years, there shall be 
 charged two dollars and fifty cents; and for any persons from 
 twelve to sixteen years, one dollar and seventy-five cents; and 
 for any persons from one day to twelve years old, one dollar. 
 
 5. All moneys received by the treasurer from the keeper 
 
 Calvary Cemetery as aforesaid, shall be held as a sacred fund, kept as scpa- 
 and devoted exclusively to defraying the cost of enclosing, rate fund 
 improving and embellishing the grounds of the cemetery, un- 
 der the direction of the said joint committee, and they shall 
 not be used for any other purpose whatever, without the ex- 
 press authority of the councils. 
 
 0. The keeper of Calvary Cemetery (who, this ordinance Keeper; when 
 contemplates, shall be a colored resident of the city) shall be e1 ' 
 elected by the councils at their first meeting in July to 
 
 serve for two years and until his successor is appointed and 
 qualified. 
 
 The salary of the keeper shall be four hundred dollars, pay- b5ndi y and 
 able monthly, and he shall not be entitled to receive any 
 other emolument from his said office. He shall enter into 
 bond in the penalty of five hundred dollars with sufficient 
 security for the faithful discharge of the duties of his office. 
 
 CHAPTER VII. 
 
 West Point Cemetery. 
 
 1. All that parcel of land lying west of Elmwood Cemetery potteVsf field 
 formerly known as " Potter's Field" shall hereafter be known changed 
 and designated as " West Point Cemetery" and the committee committee to 
 on cemeteries is authorized to have the same laid off in suita- h a vesai . ne 
 ble lots, alleys and cross alleys, and cause the plan thereof to lots 
 
 be filed in the office of the treasurer of the city. 
 
 2. All lots in said grounds owned by colored citizens shall Lots belong- 
 be numbered and set apart to them, and the remaining lots C "zen8to >l be 1 
 may be sold by the committee on cemeteries, at a uniform numbered and 
 price, to be fixed by said committee on condition that the reminder to 
 purchaser shall observe all the regulations governing the cem- be sold 
 eteries, and keep his lot in good order free of expense to the 
 
 city. 
 
 5 
 
34 DOGS. 
 
 3 ' A]1 mone y s received by the treasurer for sale of lots and 
 to improve- opening graves, etc. in said grounds, shall be held as a special 
 irSundl fund ' and devoted exclusively to the care and improvement of 
 West Point Cemetery. 
 
 4. The superintendent of cemeteries shall also have the 
 charge and over sight of West Point Cemetery, and shall charge 
 for the use of the city, for single graves for children under 
 twelve years, one dollar ; for plank or brick graves, two dollars; 
 box graves, three dollars; for graves prepared so as to be lined 
 with brick or plank, four dollars. 
 
 superintend- 5. The superintendent of cemeteries shall open graves and 
 graves'for 11 furnish coffins for the interment of the remains of deceased 
 wh C en S Srd??e<i P oor P ersons . in West Point Cemetery when directed so to do 
 by committee by the committee on cemeteries or any member thereof. 
 same (j. All the provisions of the ordinance concerning the pres- 
 
 provideT 18 as ervation of order in Cedar Grove and Elmwood cemeteries and 
 in Elmwood prohibiting depredations therein shall apply also to the grounds 
 designated as West Point Cemetery. 
 
 7. If any person shall violate any of the provisions of this 
 chapter, where no other fine is imposed, he shall pay a fine of 
 not less than five nor more than twenty dollars. 
 
 CHAPTER VIII. 
 
 Dogs. 
 Taxondogsto j Upon every male dog kept within the limits of the city 
 
 be paid to f J . , ,, , 
 
 collector: there shall be paid annually a tax of one dollar, and on every 
 
 FaSSrcfto'pay female dog two dollars, to be demanded and collected of the 
 
 tax owner or keeper upon the first day of August of every year, or 
 
 rateably after that time, provided that this ordinance shall not 
 
 apply to dogs or puppies under the age of six months. The 
 
 occupant or occupants of any house or lot to which any dog 
 
 may belong, or which such dog may frequent, shall be deemed 
 
 to be the owner of such dog or dogs, and be liable to the tax 
 
 and fines herein imposed. If any such occupant or occupants 
 
 of such house or lot, or the owner or keeper of any dog shall 
 
 fail within ten days from the first day of August of every year 
 
 to pay to the collector the tax upon such dog, such occupant 
 
 or occupants shall pay a fine of five dollars, one half of which 
 
 shall go to the informer and the other half to the city. 
 
 collector to 3 The collector shall also furnish to the owner or keeper of 
 
 furnish checks ., ini-i- i i_ i j_i_ 
 
 to parties any dog, upon the payment of his license, a brass check, with 
 ami* "5 keep a tne number of the license stamped thereon, to be attached to 
 register and the collar. The collector shall keep a register showing the 
 S a the siSie ts name of the owner of every dog upon which the tax has been 
 paid, and the number of the license, and make monthly returns 
 of a copy thereof to the treasurer and mayor, and post con- 
 spicuously in the mayor's office a list of all payments made up 
 to the 15th of August. 
 
FENCES AND PARTY WALLS. 35 
 
 3. It shall be the special duty of the police to report thef>ty Jpoiice 
 name of any party owning or harboring a dog upon which the names of , 
 tax has not been paid, and the mayor shall employ as many li'^'s 'u-hofaii 
 persons as he may deem necessary, whose business it shall be to pay tax; 
 
 to take up and pen all dogs found outside the owner's enclos- SSlng up, 
 ure without a collar, and the check on which is the number of 
 the license. Every dog so taken up shall be penned for 
 twenty-four hours from the time of his capture, during which 
 time the owner may redeem said dog by the payment of two 
 dollars to the officer in charge of the dog pen; and if not go 
 redeemed, the dog shall be killed and buried outside the city 
 limits. Every person so employed shall receive fifty cents for 
 every dog he puts to death in accordance with this ordinance, 
 after the same shall have been properly buried by him the 
 said amount to be paid by the treasurer of the city upon the 
 certificate of the mayor -and the mayor shall order any dog to 
 be killed whose owner has not paid any tax and will not pay 
 the line. 
 
 4. Any female dog found going at large and creating a nui- Fine for por- 
 sance shall be penned, and the owner fined five dollars, one- tocreate g 
 half of which shall go to the informer and the other half to nuisance 
 the city, and if the line is not paid in twenty-four hours said 
 
 dog shall be killed. 
 
 5. Any vicious dog may be killed by the order of the mayor Vicious dogs; 
 or any magistrate. 
 
 CHAPTER IX. 
 
 Fences and Party Walls. 
 
 1. Where party walls have been, or shall be hereafter w 
 
 . i T i j i i now t?A jJt-lirit' 
 
 erected, in a good and substantial manner, by any person of party wails 
 
 within the city, any person who shall hereafter make use of p?oviso n< 
 
 or derive any advantage from such party wall, shall pay the 
 
 proprietor one half part of the value of such party wall at the 
 
 time he shall make use thereof, or derive advantaga therefrom; 
 
 provided, that no person shall have power under this ordinance 
 
 to demand more than one-half the expense of a nine inch brick 
 
 wall, for any building not exceeding two stories high, nor more 
 
 than one-half the expense of any fourteen inch brick wall for 
 
 any building whatever, unless otherwise agreed upon in writing 
 
 by the parties interested. 
 
 2. All partition fences that have been, or hereafter shall be How expense 
 made within the said city, shall be made and maintained by J^StSnfence 
 such owners of the land on each side as may derive advantage appoVt?oned CC 
 therefrom, and each party shall keep or repair one-half part 
 
 thereof, when it can be conveniently divided ; and where any 
 partition fence cannot be conveniently divided, the same shall 
 be made and kept in repair at the joint and equal expense of 
 such owners of the land on each side as aforesaid. 
 
 3. If anv such person who ought to make and repair any what may be 
 
 ir L'i.- / v 11 .p j.j n -] p done ill case of 
 
 part pi any partition fence shall refuse to do so tor six days af- refusal to 
 ter request made to such person, or in case of such person' s rep .^ asVrcf- 
 absense, to the occupant of the premises, then it shall be law- vided- proviso 
 
36 FENCES AND TARTY WALLS. 
 
 ful for the person who ought to make and repair the other part 
 of such partition fence, as aforesaid, to make and repair the 
 whole and to recover one-half of the expense thereof from such 
 person or occupant, who ought to have made or repaired the 
 half of such partition fence ; provided, nevertheless, that the 
 cost of any fence shall not exceed three dollars and lifty cents 
 for every ten feet of running measure. 
 Power and 4. 'pi ie engineer and inspector shall have full power and 
 
 ciiirnoi i ty or 11 ! i- T * i i 
 
 engineer and authority, when applied to by any person requiring the same, 
 ascertain *and ^ ascertain and lix the lines of any streets, lanes and alleys, or 
 fix lines and any boundaries of any of the lots within the city and having 
 sti-eetsTiotl&c fixed and established the same, to put up stones or land marks, 
 to be provided by the person requiring the same to be done, 
 and to make return thereof in writing, with the proper descrip- 
 tion thereof, under their hands, to the treasurer, who shall re- 
 cord the same in a book to be provided for that purpose. 
 HOW owners 5. No owner of any lot in the city shall dig or lay the 
 proceecHnlay- foundation of any house in front of any street, or erect any 
 onSusesf o? n wa ^ or fence frontin g thereon, before he shall have applied to 
 erecting walls the engineer or inspector to make out a true line of such street, 
 duty^engin- unless the corners of the streets or square on which such im- 
 eer and provements are to be made have been duly established ; and 
 pe S n5ty for the engineer and inspector are required to see that such 
 violation foundation, building, house or wall does not encroach upon the 
 line; and every person neglecting to apply as aforesaid shall 
 pay a line of live dollars for such neglect, and shall pay a 
 further fine of five dollars for ever day he shall continue such 
 neglect. 
 
 Authority of (). The engineer and inspector shall when called upon by 
 
 fnlpector ^ na an J person requiring their attendance, regulate all party walls, 
 
 when called partition fences, and the lines of any lot within the city, in 
 
 iSe n party egu such manner as they may deem most likely to promote justice 
 
 re^oi'uo " and between ^ ne parties concerned ; and shall make and subscribe 
 
 treasurer; a written report of every such proceeding to the treasurer to 
 
 and" inspector ^ e recorded. And when the engineer and inspector shall meet 
 
 shall proceed to establish any boundary of any lot, or regulate any party 
 
 wall or partition fence, they shall give at least four days' 
 
 notice, by advertisement, of the time and place of meeting. 
 
 HOW appeal 7. If any person shall think himself aggrieved by the deter- 
 
 j?ofn%e aken mination of the engineer and inspector in fixing the lines of 
 
 of t the"engi?" a11 ^ 8 * rce ^ or tne boundary of any lots, every such person may, 
 
 eerand n * within five days after such determination, appeal from the same 
 
 surveyor ^- o {.] 1C m;l y 0rj wno ghaJl appoint three disinterested persons (the 
 
 determination of whom or a majority of them, shall be final) 
 
 to settle all matters in dispute within ten days thereafter, and 
 
 return their award to the treasurer to be recorded. And the 
 
 said persons shall receive from the engineer and inspector all 
 
 information which influenced them in said determination, 
 
 from which the appeal was made; and each of the said persons 
 
 shall receive from the person requiring their services the sum 
 
 of two dollars for every day they shall attend. 
 
FINES AND PENALTIES. 37 
 
 CHAPTER X. 
 
 - 
 Penalties. 
 
 1. All fines and penalties not otherwise provided for shall Fines how 
 be paid to the city of Norfolk, and shall be prosecuted in the pr 8ecutod 
 name of the city of Norfolk. 
 
 The mayor or justice imposing the fine shall collect the justicet 
 
 , J , ' in -i i collect 
 
 same, and, whenever any ordinance shall so provide, pay to Moiety to 
 
 the informer the moiety to which he may be entitled. informer 
 
 2. In case of the failure on the part of any offender to pay Offender faii- 
 the line and cost imposed for the violation of any ordinance of JJJ y t b ayfll 
 the city, the mayor or justice, as the case may be, may cause imprisoned 
 the offender to be imprisoned in the jail of the city for any 
 
 term not exceeding three calendar months, unless the said fine 
 arid costs be sooner paid: 
 
 3. If a person liable to a fine or penalty be an infant or ap- J* en J 1 t ^ ies ^ n 
 prentice, the justice before whom the case is tried, may, in his married 
 discretion, impose a fine either on him, his father, or guardian; ^.o^eVed ^ 
 and if a married woman, on her husband. 
 
 4. In all cases the informer, although entitled to part of the M ^ iet y to , 
 
 ~ ., ' , i if, n j.i , T informer who 
 
 fine, shall be a competent witness on behalf of the city, and shall be a 
 shall be entitled to one-half the line, unless otherwise pro- JJJtj^J!!* 511 * 
 vided. 
 
 5. No application for the remission of a fine shall be con- see rules of 
 sidered unless accompanied with a statement of the circum- OT 
 stances and the evidence, certified by the mayor or justice of 
 
 the peace who tried the case and imposed the fine. 
 
 CHAPTER XL 
 
 Fire Department. 
 
 1. There shall be aboard of fire commissioners, to consist of Fire commis- 
 three electors of the city, appointed every two years by the I^SSted* by 
 councils at their first meeting in the month of July, and at the the councils; 
 same time the councils shall appoint a chief engineer, a first engineer and 
 assistant engineer, and a second assistant engineer, of the fire assistants 
 department. 
 
 The board of commissioners shall organize by electing one organization 
 of their number president and the chief engineer shall act as of board 
 secretary. 
 
 The term of office of the present incumbents shall expire on Term of mce 
 the first day of July, 1880. 
 
 All vacancies in either of the offices named in this section 
 shull be filled by the councils for the unexpired term. 
 
 2. The board of fire commissioners shall appoint not more o 
 than one foreman, one engineman, one .fireman, two hostlers to'appofnt 
 and twelve extra men for each engine in active service, and the employees 
 following officers and men for each hook and ladder truck : 
 
 one foreman, one hostler and not more than twelve extra men. 
 
38 
 
 FIRE DEPARTMENT. 
 
 employees 
 
 expedient; 
 keep record 
 
 Board with 
 
 board of 
 controi 
 
 Every steam engine in active service, may have one or more 
 hose reels, one water tender, three horses and at least 
 one thousand feet of hose and all minor accessories for efficient 
 service. Each hook and ladder truck shall have one horse 
 and all requisite harness and implements. 
 
 ?uies?p?e a . dopt 3 - The board shall prescribe a suitable uniform to be worn 
 scribe uni- by the officers and men ; and adopt such rules and regulations 
 numberof f<> r their own government, and for the government of the fire 
 department, as they shall deem expedient, provided such rules 
 and regulations are not inconsistent with the laws of the State 
 or ordinances of the city; they shall furnish each member of the 
 fire department with a copy of such rules, and have a copy of 
 the same and also a copy of this ordinance posted conspicu- 
 ously in the office of the fire department, and in the several 
 engine houses belonging to the department; they shall give 
 notice when they are prepared to receive applications for mem- 
 bership in the fire department, and may reduce the number of 
 extra men and other employees of the department when they 
 think proper ; they shall keep a minute and correct record of 
 their proceedings, subject to the inspection of the councils. 
 4. The fire commissioners, together with the chief engineer, 
 ^ orm a board of control, arid shall be responsible for the 
 discipline, good order, proper conduct and economical admin- 
 istration of the department, and for the care of the horses, en- 
 gines, hose reels and other furniture and apparatus thereto 
 belonging; they shall have the superintendence and control 
 of all the engine and other houses used for the purposes of the 
 fire department, and all the furniture and apparatus thereto 
 belonging. 
 
 sus ar end 1J or ^' ^ Q board of fire commissioners shall have power to sus- 
 recSve any pend and remove any member of the department appointed by 
 ^e board and with the approval of the councils the board may 
 also suspend the chief engineer, or either of the assistant en- 
 gineers, for inattention or neglect of duty. 
 
 Nothing herein contained shall be construed to prevent the 
 approve councils from removing from oflice any member of the 
 councils may board or fire department for malfeasance or misfeasance in 
 
 remove any 
 member of f OlilCe. 
 
 board or dep't g t j<he pay of the officers and men comprising the depart- 
 
 and men? how ment sn all be the following sums annually, which shall be paid 
 
 paid monthly by the treasurer, upon a pay roll certified by the 
 
 chief engineer, who shall deduct from the pay of any 
 
 member the amount of any fines or assessments, levied by or- 
 
 der of the commissioners, for any neglect of duty, that is to 
 
 say: 
 
 The chief engineer, $500 ; the assistant engineers, each 
 $300; each foreman, $240 ; the enginemen, $720; the firemen, 
 $600 ; the drivers of engines, $720 ; the driver of hose carts, 
 $720 ; the driver of hook and ladder truck, $720 ; the extra 
 men, each $120. The housemen shall give their undivided at- 
 tention to their respective duties. 
 
 An extra compensation of $100 per annum shall be allowed 
 
 and also the 
 assistant * 
 if 
 
FIRE DEPARTMENT. 39 
 
 to the engineer who shall attend to the repairs or any other 
 mechanical work required in the department. 
 
 7. It shall be the duty of the chief engineer and his assist- Duty of chief 
 ants, whenever a lire shall break out in the city, to proceed 
 
 once to the place of such lire, and to take proper measures to 
 see that the several engines and other apparatus be arranged in 
 the most advantageous situation. The chief engineer shall ",'akTnS a jS 
 have the sole command at fires over all other officers, all other turns 
 members of the lire department, and all other persons who 
 may be present at (ires, and shall take all proper measures for 
 the" extinguishment of lires, and further protection of property, 
 preservation of order and observance of laws of the State, ordi- 
 nances of the city, and regulations of the fire commissioners 
 respecting lires; and it shall be the- duty of said engineer to 
 examine into the condition of the engines and all other fire ap- 
 paratus, and of the engine and other houses belonging to the 
 city, used for the purposes of the lire department, as often as 
 circumstance may render it expedient, or whenever directed to 
 do so by the city councils or lire commissioners, and annually 
 report the same to the city councils ; and whenever the en- 
 gines or other lire apparatus, engine or other houses used by 
 the lire department require alterations, additions or repairs, 
 the chief shall cause the same to be made, provided such al- 
 terations, additions or repairs shall not exceed in any instance 
 the sum of twenty dollars ; and if such alterations, additions or 
 repairs exceed the sum of twenty dollars, the assent of a ma- 
 jority of the lire commissioners must be obtained for the same ; 
 and it shall be the duty of the chief engineer to receive and 
 transmit to the lire commissioners, for the use of the councils, 
 all the returns of the officers of the department and all other 
 communications relating to the affairs of the fire department, 
 and to keep fair and exact rolls of the number of officers and 
 men of the department, specifying the time of admission and 
 discharge, and age of each member, which he shall report to 
 the lire commissioners, who shall safely file such reports. in absence of 
 
 8. In the absence of the chief engineer, the first assistant assistants to 
 engineer shall perform the duties of the chief engineer, and [}!? Border 
 have the powers of said officers, and in the absence of the chief of their rank 
 and the first assistant, then the second assistant engineer shall 
 
 perform the duties of the chief engineer and exercise his 
 powers. 
 
 9. If any person not a member of the fire department shall use Uniform not 
 the uniform determined upon by the fire commissioners, or any JShere 
 part thereof, such person shall be lined not less than ten dollars 
 
 nor more than twenty dollars for each offense. 
 
 10. If any person injure, deface or in any manner destroy any Penalty for 
 city fire apparatus, or if any person hinder or obstruct any^y^pr^perty 
 member of the fire department from freely passing along the gj 2bs?ru3?ng 
 streets of the city to or from a fire, or in any manner hinder members in 
 or prevent any member of the same from discharging his Jut C y arge 
 duty at any fire, each and every person so offending 
 
 shall be fined not less than ten nor more than twenty dol- 
 lars. 
 
40 FIRE DEPARTMENT. 
 
 engineer and -his assistants are authorized to 
 have police exercise the powers of police officers in going to, while at, and 
 {j^ ers (lurmg returning from any lire or alarm of lire that may occur. 
 Duty of chief 12. It shall be the duty of the chief engineer and assistant 
 f^pre?au t t l ion S - cri SJ neers * examine into all shops and other places where 
 ary measures shavings or other combustible materials are collected and de- 
 preve 8 nt?n| s; posited, and report at the regular monthly meeting of the 
 dangerous board the condition in this respect of the shops they have ex- 
 ^ aniined ; and whenever, in their opinion, the same may en- 
 danger the security of the city from fires, they shall direct the 
 tenant or occupant of said shops or other places to remove 
 such shavings or other combustible materials, and in case of 
 such tenants or occupant's refusal so to do, they shall cause 
 the same to be removed at the expense of such tenant or occu- 
 pant, who shall in addition, be fined not less than ten nor more 
 than fifty dollars for such neglect or refusal. The chief and 
 assistant engineers shall also take cognizance of all buildings 
 in the city in which any steam engine is used and all buildings 
 in the city in process of erection or alteration, and make a re- 
 cord of such as in their judgment may for any cause be dan- 
 gerous, and report the same to the fire commissioners. The 
 chief and assistant engineers shall cause a prosecution to be 
 instituted in all cases of infraction of the laws or ordinances in 
 relation to the fire department or for the prevention of fire 
 within the limits of the city. 
 
 13. The fire commissioners shall have full and sole control 
 
 board of all the public cis tern s owned by and in the possession or 
 
 control of the city of Norfolk ; and to the end that the same 
 be at all times suitable for public use, the commissioners shall 
 prevent the use of the same by any persons except for the pur- 
 pose of preventing or extinguishing fires, and shall keep the 
 same in good repair. 
 
 Fire marshal; 14. There shall be appointed annually, in the month of 
 
 rpjSinted April, a fire marshal, in accordance with the provisions of 
 
 chapter 55 of the Code of Virginia. The fire marshal shall 
 
 have all the powers therein conferred and perform all the 
 
 duties therein imposed. 
 
 Fire marshal's 15. As soon as convenient after the occurrence of a fire the 
 
 powers and 168 nre marshal, with the chief engineer and one or more of the 
 
 fees; m ab- fire commissioners, shall convene a court of investigation, to be 
 
 marshal chief called the fire marshal's court, to investigate the origin of each 
 
 engineer to fi re? an( j ? if i n the opinion of such court, there be any ground 
 
 to suspect incendiarism, such court shall certify the facts to 
 
 the next corporation court of t'he city. The fire marshal shall 
 
 for this purpose have the same power to summon witnesses and 
 
 compel their attendance as coronors under the laws of the 
 
 Stuto ; and he shall be paid lor such investigation five dollars 
 
 in full for all servic.es. In the fire marshal's absence 
 
 the chief engineer shall perform his duties and receive his 
 
 fees. 
 
 Fire marshal's 1(1. The fire marshal, before entering upon the duties of his 
 office, shall take an oath before the mayor or some justice of 
 the peace of the city, to discharge faithfully the duties of his 
 
FIRE DEPARTMENT. 41 
 
 office. The certificate of which oath shall be returned and 
 preserved by the clerk of the common council for the city. 
 
 17. No person shall keep in his house any stove for Miming 
 wood or coal unless the same be placed on a suitable Founda- houses 
 tion of brick, stone or metal and have its funnel or pipe lead- 
 ing directly through the shaft of a brick chimney or through 
 
 a brick or stone wall or piece of metal. Any person violating 
 this section shall pay a line of not less than live no;: more than 
 twenty dollars. 
 
 18. All carpenters and others engaged in any trade by which 
 shavings are made, shall at thu close of each day, on leaving off stowed; 
 work, cause the same to be securely stowed in some place re- j k n"ti4ets flr 
 mote from danger by means of fire, under the penalty of five 
 dollars. If any person shall carelessly carry or kindle any fire 
 
 in any street, such person shall pay a fine of five dollars for 
 every such offense. 
 
 19. If any owner or occupant of any stable, or any person in 
 his employment, shall use therein any lighted candle, or lamp, 
 except the same be securely kept within a lantern, every such 
 person shall pay for every such offense a fine of five dollars. 
 
 20. If any person shall deposit any quicklime in casks, in 
 
 i *' i r j "IT I*T j i * ~it~ 
 
 any place in the city, without lirst having the same examined by 
 the chief or assistant engineer, and obtaining his permission 
 for such deposit, he shall pay a fine of ten dollars. 
 
 21. If any person having charge of any vessel, lying in any 
 dock, or at any wharf of the city, shall keep fire, or suffer any 
 fire to be kept on board any such vessel, otherwise than in 
 proper chimneys, stoves or cabooses, he shall pay a fine of five 
 dollars for every offense. 
 
 22. If the chimney of any house shall take fire, so as ^ 
 blaze out, unless it be actually raining, the tenant shall pay a chimneys to 
 fine of five dollars, Provided prosecution be commenced take fire 
 within one month thereafter. 
 
 23. If any person shall set fire to any squibbs, crackers, or 
 other fire works, or discharge any fire arms within the limits 
 of this city, such person shall pay a fine of two dollars for 
 every offense. But this shall not be construed to extend to 
 military exercise or review, or to Christmas, New Year, fourth 
 day of July, or any other occasion when permission shall be 
 obtained from the mayor. 
 
 24. It shall be the duty of all owners or operators of found- J 
 
 ries or other manufacturing establishments within the limits chimneys o 
 of the city, and of any railroad companies which shall employ JSJSJ^J* 
 
 i -i t ,' ,1 i r 1 1 -I i A locomotives, 
 
 their locomotive engines upon the streets of the city, to cause to engines, &c 
 be placed upon the tops of the chimneys of such foundries, 
 manufacturing establishments or locomotive engines, respec- 
 tively, proper spark catchers, and any one offending against 
 the requirements hereof shall be subject to a fine of ten dol- 
 lars and to an additional fine of fire dollars for every day there- 
 after such foundry, manufacturing establishment or locomotive 
 engine shall be used as aforesaid without such spark catcher. 
 
 c* r TLT 111 T ii f 
 
 -co. JNo person shall smoke any pipe, cigar or cigarette, on cotton 
 any lot or wharf or in any inclosure where cotton or other 
 
 6 
 
FINANCE AND REVENUE. 
 
 case 
 
 of fire 
 
 inflammable material may be deposited or stored, if the owner 
 or occupant of the premises shall cause to be conspicuously 
 posted thereon a notice prohibiting smoking. Any person 
 violating this section shall pay a line of not less than" five nor 
 more than twenty dollars. 
 
 26 \ li sha11 be the dut y of the constables of the city to pro- 
 ceed immediately, on the alarm of fire, to the place where snch 
 fire may be, and obey such orders as may be given by the chief 
 or assistant engineers. For every failure so to do the constable 
 so failing shall pay a fine of five dollars 
 
 CHAPTER XII. 
 
 Finance and Revenue. 
 
 Fiscal year; 
 year for 
 taxation 
 
 Financial 
 estimates 
 
 Duty of com- 
 missioner of 
 revenue in 
 making 
 assessments; 
 laws of the 
 State to be 
 observed 
 
 Exemption of 
 Norfolk 
 College and 
 Leaehe-Wood 
 Seminary 
 from taxation 
 
 Special assess- 
 ment of tran- 
 sient traders 
 
 1. The fiscal year shall begin on the first day of July. The 
 year for which taxes shall be levied by the councils annually, 
 on real and personal property shall begin on the first day of 
 February. 
 
 2. The finance committee of the councils shall, annually 
 in the month of February, lay before the councils an estimate 
 of the amount required for the ensuing fiseul year, to provide 
 for the interest upon the city debt, and meet the necessary ex- 
 penses of the municipal government ; which estimate shall be 
 based upon information to be furnished said committee by 
 the officers of the city in charge of the several departments, 
 and also by the standing committees of the councils, and with 
 the advice of the treasurer. 
 
 3. All the property, persons and subjects upon which the 
 councils are by law authorized to levy taxes (except licenses) 
 shall be listed by the commissioner of the revenue upon rolls 
 or books of assessment for the city, and in making his assess- 
 ments and in ascertaining and enumerating personal property, 
 the commissioner of the revenue shall be governed by the laws 
 of the State and the regulations prescribed for the assessment 
 of taxes by the State. The said rolls or books of assessment 
 shall be made out and completed by the commissioner of the 
 revenue for delivery to the collector of city taxes and levies by 
 the first day of July of each year. 
 
 All property real and personal belonging respectively to the 
 Norfolk College for Young Ladies and to the Leache-Wood 
 Seminary is hereby exempt from city taxes for the term of five 
 years from January 1st, 1882. 
 
 4. All transient dealers who shall, after the roll of the 
 commissioner for the year has been closed, bring into the city 
 and expose for sale, any horses, mules, goods, wares, merchan- 
 dise, or other subjects of taxation, shall cause the same to be 
 assessed specially by the commissioner of the revenue, and pay 
 the tax thereon to the collector; and the commissioner shall make 
 return of all such special assess ments in the same manner as he 
 is required to do concerning licenses, provided that this section 
 
FINANCE AND REVENUE. 43 
 
 shall not apply to agricultural productions, family marketing 
 or live stock intended for food, brought to the city for sale. 
 
 f>. In issuing licenses for the city, the commissioner of Jfws of the 
 
 1111 j i I i- J.T stat.o to bo 
 
 the revenue shall be governed by the laws of the common- observed m 
 wealth of Virginia in force, concerning the public revenue, in }? ;1" n gf 9 ci ty 
 respect to the duration thereof, definition of subjects and all 
 other matters pertaining thereto. 
 
 6. The lessee of any lease-hold property, when required to Lease-hold 
 do so by his lease, shall have the right to pay the city taxes on of\?arch : 20? Ct 
 any piece or pieces of real estate not assessed to the lessee, 1877 
 under a .statute of the State of Virginia, approved March 20th, 
 
 1877, and the collector shall make out separate bills for each 
 piece or such pieces of real estate, and settle the same with 
 the lessee upon the same terms as prescribed in this ordinance 
 for the settlement of other bills. 
 
 7. If any person shall commence or engage in any business, J'enaity for 
 
 ,,* * f ii-i f> (loiuK business 
 
 trade, calling, profession or employment on which a specific without a 
 license tax is imposed by ordinance passed by the councils, license 
 without first taking out the license, and paying the tax re- 
 quired, such person shall pay a penalty of twenty dollars, and 
 the further penalty ol five dollars for every day he shall so 
 continue to do business without a license, one-half the fine to 
 go to the informer. 
 
 8. The mayor, justices of the peace, city engineer, inspector of semi-monthly 
 
 T i J C ,, '* tf returns to be 
 
 streets, clerk ot the market, keeper of the almshouse, keepers made of 
 of cemeteries, and all other officers authorized to i*e-^J b y" 
 ceive money for the city, except the collector of city taxes and certainofficers 
 levies, (who shall make his returns as provided in the ordinance 
 defining his duties) shall each on the first and fifteenth day of 
 each month, make a return of all money collected by them to 
 the treasurer of the city, taking his receipt therefor. 
 
 A detailed statement of the sources from which, and the 
 persons from whom, such sums were received shall be rendered 
 by each of said officers to the auditor, together with a receipt 
 from the treasurer for the amount paid to him by said officer; 
 and the auditor after verifying the same, shall once in every 
 month prepare an account naming the officer, the amount 
 collected and amount paid over to the treasurer and present 
 the same to the councils. 
 
 9. As soon as practicable after the passage of the annual tax councils to 
 bill or the amount to be raised by taxation has been estimated, JJ 1 ^ *. 
 the councils shall, by ordinance, appropriate the resources andtions 
 funds of the city (not already by law specially appropriated) 
 
 to the expenses of the several departments, or to the purposes 
 to which said revenue should be applied, first providing invar- 
 iably for the payment of interest upon the city debt ; and it 
 shall be the duty of the finance committee to prepare and re- 
 port such ordinances at the proper time. 
 
 10. A copy of the appropriation ordinance shall be delivered Duties of 
 to the auditor immediately after its passage, and the auditor aud 
 shall thereupon open an account on his books with each of the 
 several departments, or subjects, in accordance therewith ; and 
 
 the warrants drawn by upon him the treasurer, shall not exceed 
 
44 
 
 FINANCE AND REVENUE. 
 
 Duties of 
 treasurer in 
 opening ac- 
 counts and 
 paying war- 
 rants^ 
 
 Committees 
 and police 
 board author- 
 
 the amounts appropriated in each case. And the auditor shall 
 report monthly to the councils the warrants drawn against 
 each appropriation, and the balance remaining to the credit of 
 each department or subject. 
 
 11. The treasurer shall also open accounts upon his books 
 corresponding with the annual appropriations, and he shall 
 not make payment of any sums, which he is or maybe author- 
 ized to expend, without the auditor's warrant, in excess of the 
 amounts severally appropriated as aforesaid. And the treas- 
 urer shall make reports monthly to the councils showing the 
 amount expended, and the balance to the credit of each appro- 
 priation. 
 
 12 Authority is hereby vested in the board of police com- 
 missioners and each standing committee of the councils, to 
 
 fze"dfo~expend order in writing such work or repairs, or the purchase of such 
 t materials, as they may deem necessary in cases requiring im- 
 mediate attention, but not otherwise, not exceeding in cost 
 the sum of iifty dollars in any month, and the bills therefor, 
 when properly approved, shall be ordered by the councils to 
 be paid by warrant upon the treasurer. 
 
 Special appro- 13. Whenever any special appropriation of money has been 
 ma ^ e ^J * ne councils for any purpose, the sum so appropriated 
 shall not, without the consent of the councils, be used for 
 or applied to any other purpose whatever. 
 
 14. It shall not be lawful for any department to incur any 
 debt, or make any expenditures, in any one month, beyond 
 one-twelth of the annual appropriation to such department; 
 
 proper afiow- provided, that any unexpended balance remaining from any 
 such monthly allowance may used at any time during the year 
 by the department entitled thereto ; and provided further that 
 ^his section shall not apply to the appropriations made to the 
 board of health, to the police department or the interest on 
 
 ,, , i i , 
 the City debt. 
 
 j5 < when an account or claim against the city is allowed 
 % ^ ie councils, the clerk of each council shall enter upon the 
 same, in ink, over his signature, the order of payment and 
 
 other pur- 
 poses 
 
 No depart- 
 ment to ex- 
 ceed in any 
 month its 
 
 a nee 
 
 Board of 
 health, police 
 department 
 and interest 
 on city debt 
 excepted 
 
 Duty of clerk 
 of council in 
 entering' re- 
 
 claims date thereof, and the clerk of the council last approving shall, 
 within three days, deliver the same to the auditor. The 
 
 issue warrants auditor shall, on the twentieth day of the same moth, issue 
 to the party in whose name the account is allowed a warrant 
 upon the treasure!' for the amount thereof, payable on the 
 first day of the month next thereafter. The auditor shall 
 number the said warrant, and keep a record of the same in a 
 well bound book, showing the number, date, amount, to whom 
 issued and on what account. 
 
 The form of the warrant shall set forth on its face the 
 date of approval of the proper committee, the date of allow- 
 ance by the councils, and the department to be charged there- 
 with, and the number, amount, date of issue, and department 
 shall be endorsed thereon. The warrants so issued shall be 
 
 Transferable transferable by endorsement, and when matured shall be re- 
 ceivable for dues to the city. 
 
 Form of 
 warrant 
 
FINANCE AND REVENUE. 45 
 
 The auditor shall render to the councils monthly a detailed 
 statement of all warrants by him issued, with his vouchers, 
 which shall be cancelled and filed after examination by the 
 ( i n HI i ce com mi t tee. 
 
 10. The auditor shall issue his warrant upon the Treasurer Auditor to 
 to the several hoards of commissioners, on account of amounts ^"h* 
 appropriated by the councils to their respective departments, departments 
 according to the provisions of the ordinance making annual 
 appropriations, and to the board of health at such time as 
 may be required by it with approval of the presidents of the 
 councils 
 
 17. No bill or claim shall be allowed for stationery and stationery of 
 
 printin^ required for the use of the clerk of the corporation c i e t l '! c /\* c ^i ; 
 JT i -i i i , i in not to oe paid 
 
 court, the same being included in the general allowance for by city, 
 
 annually made to said clerk. 
 
 18. On the lirst day of each month the auditor shall issue warrants to 
 his warrant to all officers whose salaries or allowances are paid 
 
 by the city, for the amounts to which they shall be respectively salaries 
 entitled by law. 
 
 19. The members of the police force shall be paid semi- Police force 
 monthly, on the ninth and twenty-fourth day of each month, when P aid 
 by the city treasurer, on a pay roll certified by two of the 
 
 police commissioners, as required by the charter of the city. 
 
 20. The interest and principal of city bonds and all notes interest to be 
 in -bank made by the city, shall be paid by the treasurer to the P aifl when dl 
 parties entitled to receive the same as they shall mature. 
 
 21. The treasurer shall not pay any bill or claim against Duties of city 
 
 r * ' y ' 'A/I ,i treasurer as to 
 
 the city except upon proper warrant ot the auditor, other payment oi 
 than those mentioned in the nineteenth and twentieth sections claims 
 of this ordinance ; and the treasurer shall state on his 
 check book and in each check on the bank, the number of 
 the warrant for the payment of which such check is drawn. 
 He shall not pay any warrant before maturity of the same and 
 the dale of payment shall in every case be endorsed on the 
 warrant by the treasurer. 
 
 22. Before issuing any warrant, it shall be the duty of the Auditor's 
 auditor to ascertain from the collector and the treasurer 
 whether the party claiming the same be indebted to the city 
 
 for any tax, assessment, or otherwise, and when said claimant 
 is so indebted, the auditor shall issue the warrant for only so 
 much as may be due to him, after deducting his indebtedness 
 to the city; and he shall further draw a warrant for so much 
 as may be applied to the claims of the city, making it payable 
 to the city collector or treasurer as the case may be for account 
 of the person indebted as aforesaid ; and in rendering his 
 monthly statement, the auditor shall set forth separately the 
 warrants so issued. 
 
 2;*. Whenever a warrant shall be lost, the party entitled 
 thereto may apply to the auditor for a duplicate, after first 
 having advertised for thirty days in one of the newspapers 
 published in this city, the loss of his warrant, stating the 
 number and amount thereof; and the auditor shall require the 
 applicant to produce a certificate from the treasurer that the 
 
4G SINKING FUND. 
 
 same has not been paid, and thereupon he shall issue a dupli- 
 cate warrant, numbered to correspond with the orginal, and 
 bearing the words "issued in lieu of original lost" written 
 across the face. 
 
 Lost city 24. When any bond or certificate of debt, payable by the 
 
 recovered" c ^ v ^ Norfolk, shall be lost by the holder thereof, upon such 
 person producing to the treasurer proof of having advertised 
 the same once a week for three months in a newspaper pub- 
 lished in said city, and filing in the treasurer's office an 
 affidavit setting forth the time, place and circumstances of the 
 loss, the councils may order the treasurer to issue a new bond 
 or certificate in lieu of the one lost, upon condition that the 
 holder shall first execute a bond to the city of Norfolk, with 
 one or more securities approved by the presidents of the select 
 and common councils, conditioned to ideinnify the said city 
 and all persons against any loss in consequence of the issue of 
 such new bond or certificate. 
 
 Upon the face of any bond or certificate so issued the treas- 
 urer shall write, issued in lieu of lost bond, (or certificate. 
 
 CHAPTER XIII. 
 
 Sinking Fund. 
 
 1. Be it ordained by the common and select councils, that 
 the treasurer of the city shall open an account on his books as 
 treasurer, to be called and known as the sinking fund account. 
 
 2. That the assessments to be hereafter made for the pay- 
 ment of the interest on the bonds of the city shall not be less 
 than that provided for by the tax bill passed by the councils 
 of said city, on the 13th day of April, 1880, by the select coun- 
 cil and the 1st day of June, 1880, by the common council, 
 until the amount levied for this purpose shall equal one per 
 centum of the total bonded indebtedness of the said city; but 
 when such contingency shall happen it shall not be deemed to 
 be in conflct with the objects of this ordinance for the said 
 councils to so modify the assessments as to maintain an ap- 
 propriation to the said sinking fund, of one per centum of the 
 said indebtedness, yearly, and no more. 
 
 3. That the difference between the amount actually required 
 for the payment of the accruing interest, on the bonds of the 
 city, and the amount levied for that purpose, shall be credited 
 by the treasurer to the sinking fund annually. That the 
 amount so accummulating shall be applied by the treasurer 
 under the direction of the commissioners of the sinking fund 
 to the payment of the principal of such part of said new bonds 
 issued at a less rate of interest, as may be redeemable, and the 
 residue invested in the bonds of the city of Norfolk, or in the 
 bonds of the United States Government, and the proceeds 
 thereof shall be applied to the payment of the principal of said 
 new bonds of the city of Norfolk, as they shall mature and 
 become redeemable. Passed December 14, 1880. 
 
APPROPRIATIONS, 1885. 47 
 
 CHAPTER XIV. 
 
 Appropriations, 1885. 
 
 The following amounts are appropriated for the use of the A ppropria . 
 several departments of the city government hereinafter men- tions for 1885. 
 tidied, during the fiscal year beginning July 1st, 1885, and 
 terminating June 30th, 1886. 
 
 INTEREST ON CITY DEBT, (Not including Water Bonds.) 
 
 July, '85 and Jan. '86 on $189,300 8 pr ct. C'p'n B'ds 15,144 00 
 
 July, '85 and Jan. '80 on 21,000 pr ct. 1, MO 00 
 
 July, '85 and Jan. '80 on 77,000 6 pr ct. 4,620 00 
 
 July, '85 and Jan. '80 on 115,400 <; pr ct. 6,924 00 
 
 July. '85 and Jan. '80 on 81,500 G pr ct. 4,890 00 
 
 July, '85 and Jan. '86 on 332,993 6 pr ct. Reg. St'k. 19,97'. :> 
 
 Sept. '85 arid Mar. '86 on 202,700 G pr ct. C'p'n B'ds 12.162 00 
 
 Oct. '85 and Apl. '86 on 101,500 8 pr ct. 8,120 00 
 
 Oct. '85 and Apl. '86 on 320,000 5 pr ct. 16,000 00 
 
 July, '85 and Jan. '86 on 91,000 r> pr ct. 4,550 00 
 
 Dec. '85 and June '86 on 110,000 5 pr ct. 5,50000 
 
 July, '85 and Jan. '86 on 40,000 5 pr ct. 2,000 00 
 
 Oct. '85 and Apl. '86 on 30,000 5 pr ct. 1,500 00 
 
 102,829 58 
 SINKING FUND. 
 
 2 per cent, on $202,700 8 per cent. Bonds, converted 
 
 from 8 per cent, to 6 per cent. Bonds 4,054 00 
 
 1 per cent, on 320,000 G per cent. Bonds, converted 
 
 from 6 per cent, to 5 per cent. Bonds 3,200 00 
 
 1 per cent, on $91,000 G per cent. Bonds, converted 
 
 from G per cent, to 5 per cent. Bonds. 910 00 
 
 1 per cent, on $110,000 6 per cent. Bonds, converted 
 
 from G per cent, to 5 per cent. Bonds 1,100 00 
 
 9,261 00 
 
 $112,093 58 
 
 Board of Health 3,000 00 
 
 Markets 30000 
 
 Public Schools 10,000 00 
 
 Ahnsbouse 14,000 00 
 
 Public Buildings 2,10000 
 
 Salaries 21,49000 
 
 Fire Department 13,770 00 
 
 Police Department 35,040 00 
 
 Lights 15,250 00 
 
48 APPROPRIATIONS, 1885. 
 
 Amount forward $llf.!50 00 
 
 Contingent Expenses 2,oOO 00 
 
 Cemeteries [this appropriation is to include all 
 
 revenues received from the Cemeteries on any 
 
 account] 3,000 00 
 
 Commissions for Collecting Taxes 8,500 00 
 
 Public Printing l,r>00 00 
 
 Court Allowances 4,400 00 
 
 Elections 700 00 
 
 Harbor Expenses 500 00 
 
 Juries 1,000 00 
 
 Street Department 
 
 For keeping Streets in repair 11,600 00 
 
 For cleaning Streets 18,000 00 
 
 For Maintenance of Sewers 6,197 00 
 
 Incidental and General Expenses... 1,584 50 37,381 50 1KD,431 50 
 Total for Interest and Sinking Fund brought forward 112,093 58 
 
 Total appropriations .$281,525 08 
 
FINANCE AND REVENUE. 49 
 
 CHAPTER XV. 
 
 An Ordinance imposing License Taxes. 
 
 Sec. 1. Be it ordained, by the common and select councils 
 of the city of Norfolk, that for the year beginning the first day 
 of May, 1885, and for each year thereafter, the specific license 
 taxes on persons and subjects herein named, shall be as follows : 
 And the same license shall be required of a joint stock com- 
 pany, or corporation, as is required of persons or firms, for 
 conducting any business. 
 
 SCHEDULE A. 
 
 Agents for selling books $12 per year. For a less time $2.50 
 
 per month, not transferable. 
 Agents, Land, $80. 
 Agents for sale of manufactured articles, or machines, $50 per 
 
 year. For a less time, $5 per month, not transferable. 
 Agents for Labor, $25. 
 Agents: Each agent or firm for renting houses or collecting 
 
 rents, $30, not transferable. 
 Agencies, Mercantile, reporting standing of merchants and 
 
 others, $50. 
 Artists, Daguerrean and Photographers, $20 per year. For a 
 
 less time, $5 per month, not transferable. 
 Architects, $20 per year or part of a year. 
 Attorneys at law, each, licensed five years and under, $25 ; 
 
 licensed over five years and under ten years, $50 ; licensed 
 
 ten years and over, $75 ; provided that no Attorney at Law 
 
 shall be required to pay more than $25 whose receipts are 
 
 less than $500 per annum. 
 Boarding Houses $10. 
 Barber shops, each, $12 per year. 
 Bill posters, $15. 
 Eating houses, stands and cook shops, $30 per year. For a 
 
 less time, $3 per month, not transferable. 
 Livery stables, $50, and an additional tax of 50 cents for each 
 
 stall in the stable. 
 Sales of Horses and Mules, $50. 
 Storage and Impounding, on every house or cart house, $50 ; 
 
 on every yard, wagon yard or lot, $25, not transferable. 
 Street cars, $50 per car per year or any part of a year. See R Roads 
 
 Stallions and Jack keepers, for every animal let to mares, $10. Tax on street 
 
 T-V, .. j -r* .i j. T i ^ i cars amended 
 
 Physicians, Surgeons and Dentists, licensed five years and 
 under, $1 ; licensed over five years and under ten years, 
 $25; licensed ten years and over, $50; provided, no Physi- 
 cian, Surgeon or Dentist shall be required to pay more than 
 $10 whose receipts are less than $500 per annum. 
 
 Physicians, Surgeons and Dentists, itinerant, $100. 
 
 Venders of medicines, salves, manufactured or patented arti- 
 cles, sold on the streets, $5 per week, not transferable. 
 
50 FINANCE AND REVENUE LICENSE TAXES. 
 
 Pawnbrokers, $200 per year or part of a year. 
 
 Peddlers, $6 per week ; for a less time, $2 per day, not trans- 
 ferable. 
 
 Patent Rights, sellers, $10, not transferable. 
 
 Private Entertainment Houses, keepers, $25. 
 
 Waiter License, selling on streets, not peddlers, fruit, con- 
 fections and victuals, $12 per year or part of a year. 
 
 SCHEDULE B. 
 
 Billiard, Pool and Bagatelle Saloons, $20 for each table, or any 
 game pertaining thereto. 
 
 Bowling Saloons or Alleys, $10 for each alley. 
 
 Circuses, Shows and Menageries, for every twenty-four hours 
 or part thereof, $60 each. 
 
 Musicians, itinerant, $1 per week, not transferable. 
 
 Public Eooms, on the proprietors or occupiers (such as the 
 Norfolk Varieties), $200 per year, or part of a year, not 
 transferable. This tax does not include bar license. 
 
 Skating Einks, each rink, $20 per month, payable quarterly 
 in advance. 
 
 Roller Coasters, $250 per year or part of a year. 
 
 Gymnastic, Baseball or other outdoor games where admission 
 is charged, $1 per day for each day of performance. 
 
 Merry go-rounds or flying horses, whatever way propelled, $1 
 per day. 
 
 Theatres and Panoramas, or any public performance or exhibi- 
 tion of any kind, except for religious or charitable purposes, 
 when the whole of net proceeds are applied to the said pur- 
 poses, $3 for each performance, or $10 for each week of such 
 performances. 
 
 SCHEDULE C. 
 
 Auctioneers, General, $100. 
 
 Auctioneers and Agents, Real Estate, $100. 
 
 Brokers and Private Bankers, $400 and 2 per cent on income 
 over $600. 
 
 Commission Stock Brokers, $50 and 2 per cent, on income 
 over $600. 
 
 Commercial and Merchandise Brokers, $40. 
 
 Brokers, Insurance, or Solicitors, $35, with privilege of nego- 
 tiating insurance in companies licensed in the state. 
 
 Brokers, Ship, $30. 
 
 Commission Merchants, $40, and an additional tax on gross 
 commissions over 1,000 of $1 and 50 cents for each $100. 
 The tax hereby imposed shall be in lieu of all tax upon 
 capital actually employed by said merchant or mercantile 
 firm in said business. 
 
 Buyers and sellers of Corn, Cotton or other Produce, not 
 required to be licensed under existing ordinances as Mer- 
 chants, or Commission Merchants, and who do not account 
 as such, shall, before they do any business, get a license 
 
FINANCE AND REVENUE LICENSE TAXES. 51 
 
 from the city and pay for doing such business, $100 for a 
 year or part of a year. 
 
 Seamens' Shipping Office, $25. 
 
 Common Criers, $80. 
 
 Express Companies, $250. 
 
 Insurance Agents, for each Marine Company, $50. Each 
 agent or solicitor employed by any insurance agent, or who 
 secures or places business with or through same for con- 
 sideration, $35. 
 
 Insurance Agents, for each Life Company^ $125. Each agent 
 or solicitor employed by any insurance agent, or who secures or 
 places business with or through same for consideration, $35. 
 
 Insurance Agents, for each Fire Company, $200. Each agent 
 or solicitor employed by any insurance agent, or who secures 
 or places business with or through the same for considera- 
 tion, $35. 
 
 Junk Dealers, $100, and for each agent or canvasser, $10. 
 
 Merchants: On every license to a merchant or mercantile firm 
 and persons engaged in the avocation of hucksters, both in 
 and out of the market; butcher and butcher shops, oyster 
 shippers, or dealers, fish mongers and shippers, green fruit, 
 vegetable or produce dealers and shippers, undertakers, 
 dealers in barrels, barrel covers, boxes and crates, there 
 shall be paid a specific tax of $5 and an additional tax on 
 purchases, graded as follows : 
 
 If $1,000 or under, $6. 
 
 If over $1,000 and under $2,000, $18. 
 
 If over $2,000 and under $3,000, $25. 
 
 If over $3,000 and under $5,000, $30. 
 
 From $5,000 to $20,000, 25 cents on the $100. From $20,000 
 to $50,000, 15 cents on the $100. From $50,000 to $100,000 
 10 cents on the $100. From $100,000 to $200,000, 8 cents 
 on the $100 ; and on all purchases over $200,000, the tax 
 shall be 5 cents on every $100, in excess of $200,000. The 
 tax hereby imposed shall be in lieu of all tax upon capital 
 actually employed by said merchant or mercantile firm. 
 
 Telegraph companies, each, $250. 
 
 Telephone companies, each, $250. 
 
 Fertilizing companies, dealers, their representatives or agents, 
 who buy material to manipulate or to resell, same license as 
 
 merchants. 
 
 Fertilizing Companies and Dealers, their representatives or 
 agents, who buy no material to manipulate or resell, but sell 
 on commission, same license as commission merchants. 
 
 Sewing Machine Agents, for each agent, $50 per year or any 
 part thereof. 
 
 Undertakers' carriages, hearses and wagons, each $10. 
 
 Wholesale Liquor Dealers, $150 not to sell less than five gallons. 
 
 Wholesale and Retail Liquor Dealers, $200 not to sell less 
 than one gallon. 
 
 Retail Liquor Dealers, $75 not to sell more than 5 gallons. 
 When such dealers have a bar, or liquor is drunk on 
 premises, then they shall pay $125.' 
 
FINANCE AND REVENUE LICENSE TAXES. 
 
 Collector's 
 commissions 
 
 License tax 
 on banks 
 
 Bar Rooms, $85. 
 
 Ordinaries, $80, and 5 per cent, on annual rent, or rental value 
 
 of building occupied. 
 
 Wholesale Dealers in Malt Liquors, only, $100. 
 Retail Dealers in Malt Liquors, only, $50. 
 
 Sec. 2. In issuing licenses for the city, the Commissioner of 
 the Revenue shall be governed by the laws of the Common- 
 wealth of Virginia in force concerning the public revenue in 
 respect to the duration thereof and definition of subjects. 
 
 Sec. 3. The Collector shall receive one and one-half per cent, 
 for his compensation on all moneys collected by him under 
 this ordinance. 
 
 Sec. 4. Nothing herein contained shall be construed to repeal 
 the tax imposed by ordinances upon licensed hacks, and other 
 vehicles or tax upon dogs, or upon persons, property or sub- 
 jects not herein mentioned. 
 
 Sec. 5. All transient dealers who shall, after the roll of the 
 Commissioner for the year has been closed, bring into the city 
 and expose for sale any horses, mules, goods, wares, merchan- 
 dise, or other subjects of taxation, shall cause the same to be 
 assessed specially by the Commissioner of the Revenue, and 
 pay tax thereon to the Collector; and the Commissioner shall 
 make return of all such special assessments in the same man- 
 ner as he is required to do concerning licenses ; provided, that 
 this section shall not apply to agricultural productions, family 
 marketing, or live stock intended for food, brought to the city 
 for sale. 
 
 Sec. 6. This ordinance shall be in force from its passage, 
 and all ordinances or parts of ordinances in conflict therewith, 
 are hereby repealed. 
 
 Adopted by the common council, April 7, 1885, by aye and 
 nay vote, unanimously. 
 
 BARTON MYERS, 
 President Common Council. 
 
 Adopted by the select council, April 14, 1885, by aye and 
 nay vote, unanimously. W. H. HOLMES, 
 
 President Select Council. 
 Teste: A. L. HILL, 
 
 Treasurer. 
 
 AN ORDINANCE 
 Imposing a License Tax on Banks. 
 
 Sec. 1. Upon every Bank or Banking Association doing 
 business in the city of Norfolk, there shall be paid a specific 
 license tax, for conducting such business, of the sum of $300, 
 for the year commencing the first day of May, and the further 
 sum of 2 per cent, on the dividends derived from such business. 
 And the tax herein imposed shall be in lieu of all tax upon 
 the capital employed in such business; but nothing herein 
 contained shall be construed to exempt from taxation any real 
 estate belonging to such bank or banking association. 
 
 May 5, 1885. 
 
Ordinances Authorizing the Issue of 
 Bonds of the City, As the same 
 were passed (without revision,) 
 
 AN ORDINANCE 
 
 Entitled an ordinance authori/in^ the issue of three hundred thous- 
 and dollars in eight per cent. Coupon Bonds. 
 
 Be it ordained by the select and common councils of the 
 city of Norfolk, Va., that it shall be lawful for the said city 
 issue coupon bonds of one thousand dollars, five hundred dol-duei890 
 lars, and one hundred dollars, with coupons attached, to the 
 amount of three hundred thousand dollars, payable in twenty 
 years from date of issue, with the privilege of being redeemed 
 in ten years, said coupons to be paid semi-annually, and re- 
 ceivable at par for all claims due the city, and to be so ex- 
 pressed. 
 
 Passed common council August 5, 1870; select council, 
 August 15, 1870. 
 
 BONDS SECURED BY DEED ON TOWN POINT 
 
 LOTS, RAILROAD STOCK, ETC. 
 
 AN ORDINANCE 
 
 To provide for the issuing of bonds in the name and for the use of 
 the city of Norfolk. 
 
 Sec. 1. Be it ordained by the select and common councils 
 of the said city of Norfolk, that coupon bonds of the said city, f ^ 
 payable on the first day of April, A. D. eighteen hundred andauei892 
 ninety-two, to an amount not exceeding two hundred and fifty 
 thousand dollars, bearing interest from the date thereof at the 
 rate of eight per centum per annum, payable semi-annually, 
 either at the Citizens' bank of Norfolk, Va., or the People's 
 National bank of Norfolk, Va., or a part at the former and 
 the residue at the latter bank, at the discretion of the com- 
 mittees hereinafter mentioned, be issued. 
 
 Sec. 2. Full power and authority are hereby given to the 
 finance committe of the said select and the finance committee 
 of the said common council to prepare and issue the said 
 bonds in such form, and each for such sum, as the said com- 
 mittees shall prescribe; and each of the said bonds shall be* orm 
 signed by the presidents respectively of the said councils, and 
 countersigned by the treasurer of the said city, with the cor- 
 porate seal of the said city affixed thereto ; and each of the 
 coupons shall have the name of the said treasurer affixed 
 thereto. 
 
 Sec. 3. Full power and authority are hereby given to the 
 said committees, by one or more good and sufficient deed or 
 
54 ORDINANCES AUTHORIZING THE ISSUE OF BONDS. 
 
 deeds, as ^ IQ J mav ^ eem expedient, to convey in whole or in 
 
 - 
 mittee to part, that is to say, any part or parcel thereof by one deed, 
 
 R. a & e G de i?ii. of ancl other parts or parcels thereof by other deed or deeds, the 
 
 stock, N, & p. following property of the said city to wit, seven hundred and 
 
 OR it stockV thirty-five shares of the stock of the Raleigh and Gaston Rail- 
 
 ho b u a se e ete a r nd road ^ om P an y> five hundred and fifty shares of guaranteed 
 
 Market rents, stock of the Norfolk and Petersburg Railroad Company, five 
 
 Donds Ure thousand shares of the stock of the Atlantic, Mississippi and 
 
 Ohio Railroad Company, the tobacco warehouse and wharf 
 
 thereto attached, situated on Water street in the said city, the 
 
 Town Point property of the said city, the wharf property at the 
 
 end of Nebraska street in the said city (the said real estate to 
 
 be conveyed subject to any existing leases thereof), together 
 
 with the rents, issues, dividends and profits of all the said 
 
 property, and all the revenues collected or to be collected from 
 
 time to time from the markets of the said city, in trust, to se- 
 
 cure the payment of the said bonds and coupons, the property 
 
 embraced by each deed to be conveyed in trust to secure the 
 
 payment only and exclusively of the bonds and coupons in 
 
 such deed named and mentioned. And the said committees 
 
 are authorized to convert, or to give authority to any person 
 
 designated by them for the purpose, to convert the said five 
 
 hundred and fifty shares of guaranteed stock of the Norfolk and 
 
 Petersburg Railroad Company into stock of the Atlantic, Mis- 
 
 Power to con- sissippi and Ohio Raihmd Company. And the rents, issues, 
 
 guaranteed' dividends, revenues and profits of such of the said property as 
 
 stock. ma y k e conveyed in trust by any deed as aforesaid shall be col- 
 
 lected as in such, deed may be directed, and deposited in such 
 
 one of the said banks as may be therein named for that purpose, 
 
 and applied by such bank to the payment of the coupons in 
 
 such deed mentioned as they may fall due ; and if in any year 
 
 the said rents, issues, dividends, revenues and profits shall 
 
 exceed the amount of such of the said coupons as may fall due 
 
 and be payable that year, the excess shall be paid by such bank 
 
 to the treasurer of the said city for the use of the said city, 
 
 free from the trusts of such deed. And provision may be 
 
 made in any one or more of the said deeds for the redemption by 
 
 the said city of the bonds therein mentioned at any time after 
 
 the expiration of five years from the date of the bonds men- 
 
 tioned in such deed or deeds, and the terms and conditions of 
 
 such redemption shall be prescribed by the said committees 
 
 and set forth in such deed or deeds ; but the said committees 
 
 may or may not, at their discretion, require such provision, or 
 
 require it in one or more of the said deeds, and not in any other. 
 
 And each of the said deed* shall be executed for and on behalf 
 
 of the said city by the presidents respectively of the said 
 
 councils, with the corporate seal of the said city thereto 
 
 affixed. 
 
 Sec. 4. Full power and authority are hereby given to the 
 said committees to exchange the said bonds, or any part or 
 parcel thereof, for any matured bond or bonds of the said city, 
 dollar for dollar, and to make sale of the same, or of any part 
 or parcel thereof as they may deem expedient, provided that 
 
ORDINANCES AUTHORIZING THE ISSUE OF BONDS. 55 
 
 no such sale shall be made at a rate less than their par value; 
 and farther, to do and perform all such other act and acts as 
 may be necessary and proper to carry into effect this ordi- 
 nance ; and all monies realized by them under this ordinance 
 shal be paid to the treasurer of the said city, and applied by 
 him, under their directions, to the payment of the bonds and 
 certificates of interest of the said city now due and payable, 
 and to the payment of such other bonds and certificates of 
 interest of the said city as may become due and payable on or 
 before the first day of May next. 
 
 Sec. 5. The said bonds and coupons shall be exempt from Exe mpt from 
 any and all taxation by the said city, and the said coupons gty taxes, 
 shall be received in payment of any and all dues to the said r cce?vabie for 
 city, and of all taxes levied or assessed by the said city except tax , es except 
 
 ,-i'ni, * water tax 
 
 the specific water tax. 
 
 Sec. 6. The said committees, in the performance of the 
 duties herein required of them, shall act jointly, and the 
 concurrence of a majority of the members thereof" shall be 
 sufficient in every instance to determine their action. 
 
 Sec. 7. This ordinance shall be in force from and after its 
 passage. 
 
 Passed common council March 18, 1872; select council 
 March 7, 1872. 
 
 AN ORDINANCE 
 
 To amend and ordinance entitled an ordinance authorizing the issue 
 of three hundred thousand dollars in eight per cent. Coupon 
 Bonds, passed 5th August, 1870. 
 
 Whereas in the record of the ordinances passed on the 5th 
 of August, 1870, authorizing the issue by the city of Norfolk 
 of coupon bonds to the amount of three hundred thousand $Smce 
 dollars, payable in twenty years from date of issue, with priv- Aug. 5, ISTO 
 ilege of redemption in ten years, the rate of annual interest to 
 be paid on said bonds was omitted to be stated in said ordi- 
 nance ; and whereas it was and is the intention of the select 
 and common councils of the city of Norfolk that such rate of 
 interest shall be eight per centum per annum: 
 
 Now, therefore, be it ordained by the select and common 
 councils of the city of Norfolk, Va., that to the holders of all 
 bonds of said city heretofore issued, or which may be issued 
 under and by authority of the aforesaid ordinance, passed on 
 the 5th of August, 1870, there shall be paid interest on the 
 face thereof at the rate of 8 per centum per annum, payable interest 
 semi-annually. 
 
 Passed common council May 7, 1872 ; select council, May 
 10, 1872. 
 
 RESOLUTION 
 Concerning the issue of 8 per cent. Coupon Bonds. 
 
 The action of the select council, in amending the action of prodding 11 
 the common council in regard to issuing eight per cent, coupon how bonds 
 bonds in exchange for old registered six per cent, bonds not SS 
 
56 ORDINANCES AUTHORIZING THE ISSUE OF BONDS. 
 
 mentioned, the said exchange to be made under direction of 
 the finance committee, the amendment adding, " provided the 
 amount of eight per cent, bonds be at least one-sixth less in 
 amount than the sixth per cent, bonds for which they are 
 exchanged," and as amended the action of the select council 
 was concurred in. 
 
 Passed select council February 14, 1873 ; common council 
 March 4, 1873. 
 
 AN ORDINANCE 
 
 To authorize the issue of Coupon Bonds in exchange for the Regis- 
 tered Stock of the city of Norfolk. 
 
 Six per cent. Be it ordained by the select and common councils of the 
 3 - city of Norfolk, that the treasurer be, and he is hereby, au- 
 thorized to issue the coupon bonds of the city of Norfolk, in 
 stock sums of one hundred dollars and five hundred dollars, payable 
 in twenty years from the first day of January, 1874, with 
 interest at the rate of six per cent, per annum, in exchange 
 for any of the six per cent, registered stock of the city of Nor- 
 folk, at the option of the holders thereof; that the coupons 
 attached to said bonds shall be payable on the first day of 
 January and first day of July of each year until maturity, at 
 the office of the treasurer of the city, and shall be receivable 
 for taxes and all dues of the city. 
 
 That any holder of the coupon bonds herein authorized may 
 be allowed at any time to have the same registered by 
 the treasurer. 
 
 That in issuing coupon bonds in exchange for registered 
 stock, all past due coupons shall be detached and cancelled by 
 the treasurer, and the interest accrued upon coupons not ma- 
 tured shall be accounted for by the holder of registered stock 
 applying for such exchange. 
 
 That in addition to the publication required by law, this 
 ordinance be published for one month in one newspaper in 
 each of the cities of Richmond, Baltimore and New York, to 
 be designated by the finance committee. 
 
 That this ordinance shall be in force from its passage. 
 
 January 21, 1874. 
 
 Repeal of foregoing Ordinance. 
 
 That the ordinance to "issue coupon bonds in exchange for 
 
 the registered stock of the city of Norfolk," in sums of one 
 
 hundred dollars and five hundred dollars, payable in tAventy 
 
 years from the first day of January, 1874, with interest at the 
 
 Ordinance of rate of 6 per cent, per annum, in exchange for any of the 6 
 
 repealed 1874 ' P er cen ^ registered stock of the said city, at the option of the 
 
 holders thereof; that the coupons attached to said bonds shall 
 
 be payable on the first day of January and July, in each year 
 
 until maturity, at the office of the treasurer of the city, and 
 
 shall be receivable for taxes and all dues of the city. 
 
ORDINANCES AUTHORIZING THE ISSUE OF BONDS. 57 
 
 The above recited ordinance passed common council and 
 select council, January 21, 1874, and is now repealed. 
 0. C., November 16, 1880. 
 S. C., December 14, 1880. 
 
 PAVING BONDS. 
 
 AN ORDINANCE 
 
 To authorize the issue of bonds for paving and repairing the streets 
 of the city of Norfolk, and to provide for the payment of the same. 
 
 Sec. 1. Be it ordained by the common and select councils$i5ojooo bo 
 of the city of Norfolk, that the sum of one hundred and fi 
 thousand dollars be, and the same is hereby, appropriated to 
 be expended by and under the direction of the councils, from 
 time to time, for the special purpose of paving, curbing and 
 grading the unpaved streets, and of repaving and repairing 
 wherever necessary the paved streets of the city. 
 
 Sec. 2. That to raise the amount appropriated in the first 
 section, there shall be executed and issued by the proper 
 officers, in the name of the city, coupon bonds, called street 
 bonds, payable twenty years after date, bearing interest at the 
 rate of eight per cent, per annum, payable on the first day of 
 January and the first day of July of each year until maturity, 
 at the office of the treasurer of the city. 
 
 Sec. 5. That when any unpaved street is to be graded, curbed pavng 
 and paved, three fourths only of the cost shall be assessed See amend- 
 npon the lands or lots lying thereon. Such assessment shall S| nt 
 be collected by the city collector as other taxes. But the owner 
 of any property so assessed may. if he prefer, execute his assess- 
 ment bond for the amount by him due, payable to the city of 
 Norfolk in five annual instalments, with interest at eight per 
 cent, per annum, the said bond to be a charge against the said 
 property as other taxes now are ; and all such bonds so taken 
 shall be received by the treasurer, and recorded by him in a 
 book kept for the purpose. But when an unpaved street is 
 only ordered to be graded the whole cost shall be paid by the 
 city. 
 
 Passed March 10th, 1872. 
 
 AN ORDINANCE 
 
 To amend the fifth section of an ordinance entitled an ordinance, to 
 authorize the issue of bonds for paving and repairing the streets 
 of the city of Norfolk, and to provide for the payment of the same. 
 
 Be it ordained, that the above recited section of the above 
 mentioned ordinance be amended so as to read as follows : Assessment 
 
 Sec. 5. That where any unpaved street is to be graded, bonds for 
 curbed and paved, three-fourths only of the cost shall be5x V J?cent 
 assessed upon the lands or lots lying thereon ; such assessment lnterest 
 
 shall be collected by the city collector as other taxes, but the 
 
 - ' 
 
 8 
 
58 ORDINANCES AUTHORIZING THE ISSUE OF BONDS. 
 
 owner of any property so assessed may, if he prefer, execute 
 his assessment bond for the amount by him due, payable to 
 the city of Norfolk in five annual instalments, with interest 
 at six per centum per annum from date, the said bonds to be 
 a charge against the said property as other taxes now are, 
 and all such bonds so taken, shall be received by the treasurer 
 and recorded by him in a book kept for the purpose. But 
 when an unpaved street is only ordered to be graded, the whole 
 cost shall be paid by the city. 
 Passed C. C., June 1st, 1875. 
 
 Passed S. C., June 8th, 1875. 
 *** *#* * * * *** ****** 
 
 assessment ^ ec> 9 * That all moneys collected from property owners for 
 specially paving under this ordinance shall be kept by the treasurer 
 applied separate and apart from all other moneys belonging to the city, 
 
 and deposited specially with the bank keeping the account of 
 the city, in the interest department of said bank, as a sinking 
 or trust fund, and out of said fund the treasurer shall pay the 
 principal and interest, as the same shall mature, of the eight 
 per cent, coupon bonds authorized in section two of this ordi- 
 nance ; and the fund herein and hereby created shall not be 
 used or applied to any other purpose until the coupon bonds 
 before mentioned are fully satisfied and paid. But if the sink- 
 ing fund herein provided should not be sufficient to pay the 
 coupons as they fall due, the same shall be paid out of any 
 funds in the hands of the treasurer. 
 
 The following amendment passed the common council 
 March 3, 1874, and the select council March 10, 1874 : 
 
 Sec. 12. That any person who shall be assessed with the 
 cost of paving in front of his property, under this ordinance, 
 may make payment of the assessment in the paving bonds of 
 the city authorized by the aforesaid ordinance at par. And 
 the collector shall receive the said bonds at par in payment of 
 assessments aforesaid, and turn them over to the treasurer, 
 and may retain his commission of one and one-quarter per 
 cent, thereon. And the treasurer shall cancel all such paving 
 bonds and coupons as may be paid in by virtue of this section. 
 
 Assessments 
 how settled 
 
 AN ORDINANCE 
 
 Concerning the issue of coupon bonds in exchange for matured 
 Registered Stock. 
 
 Extending ^ ec * ^ ^ e ^ or dained by the common and select councils, 
 provisions of that the provisions of section 4 of an ordinance, passed March 
 18th, 1872, which authorized the coupon bonds issued in pur- 
 suance thereto, to be exchanged at par for city bonds, due on 
 or before May 1st, 1872, be and the same are hereby extended, 
 and declared to apply to all bonds of the city of Norfolk 
 which are matured, and remain unpaid at the date of the pas- 
 sage hereof. 
 

 ORDINANCES AUTHORIZING THE ISSUE OF BONDS. 59 
 
 Sec. 3. This ordinance shall be in force from its passage, and 
 all ordinances in conflict herewith are repealed. 
 Passed C. 0. March 7th, 1876. 
 Passed S. 0. March 14th, 1876. 
 
 Norfolk City Bonds, for retiring those that Jail due in 1879. 
 
 AN ORDINANCE 
 
 Entitled an Ordinance authorizing the issue of ($77,000) seventy- 
 seven thousand dollars registered or coupon bonds, under the Acts 
 of Assembly, approved January 14th, 1878, (see Acts of Assembly 
 1877-78, page 11) for the purpose of retiring certain bonds of the 
 City, as may become due and payable in the year 1879. 
 
 Be it ordained by the common and select councils of the $77,000, 6 per 
 city of Norfolk, that it shall be lawful for the said city to issue cent - 1898 
 registered or coupon bonds of one thousand dollars, five hun- 
 dred dollars, and one hundred dollars, bearing interest, to be 
 paid semi-annually, at the rate of six per centum per annum, 
 payable in twenty years from date of issue, with the privilege 
 of being redeemed after the expiration of five years, to the 
 amount of seventy-seven thousand dollars ; provided, however, 
 that the money arising from the sale of said bonds, shall be 
 used and applied by the said councils for the payment and re- * 
 demption of the registered and coupon bonds of the city of 
 Norfolk, which shall fall due in the year 1879, and for no other 
 purpose whatever. 
 
 Sec. 2. Full power and authority are hereby given to the Power to 
 finance committee of said common and select councils, to pre- finance 
 pare and issue the said bonds in such form, and each for such co 
 sum as the said committee shall prescribe; each of the said 
 bonds shall be signed by the presidents respectively of the said 
 councils, and countersigned by the treasurer of said city, with 
 the corporate seal of the said city affixed thereto ; and each of 
 the coupons shall have the name of the treasurer affixed 
 thereto. Full power and authority are hereby given to 
 the said committee to exchange the said bonds, or any 
 part or parcel therof, for any matured bond or bonds of 
 the said city, dollar for dollar, and to make sale of the same 
 or any part or parcel thereof, as they may deem expedient, 
 provided, that no such sale shall be made at a rate less than 
 their par value, and further to do and perform all act and acts 
 as may be necessary and proper to carry into effect this 
 ordinance. 
 
 Sec. 3. The said registered and coupon bonds shall be exempt Exempt from 
 from any and all taxation by the said city, and the said cou- tax, and cou 
 pons shall be received in payment of all dues to the said city, 
 and of all taxes levied or assessed by the said city, except the 
 specific water tax. 
 
 Sec. 4. The fund to be derived from the sale of the said 
 bonds, shall be deposited in bank as a separate and special fund, 
 
60 ORDINANCES AUTHORIZING THE ISSUE OF BONDS. 
 
 which shall be known and sty led as the bond redemption fund, 
 Sec. 5. This ordinance shall be in force from and after its 
 
 passage. 
 
 Passed common council November 7th, 1878. 
 Passed select council November 12th, 1878. 
 
 AN ORDINANCE 
 
 Entitled an ordinance, authorizing the issue of $150,000 (one hundred 
 and fifty thousand dollars) of registered coupon bonds, under an 
 Act of Assembly, approved January llth, 1878, (see Acts of As- 
 sembly, 1877-78, page 11) for the purpose of retiring such bonds 
 of the city as may become due and payable in the year 1880. 
 
 Sec 1. Be it ordained by the common and select councils of 
 rent. * ne cit y of Norfolk, that it shall be lawful for the said city to 
 March, 1879 issue registered or coupon bonds of one hundred dollars, five 
 2d years hundred dollars, and one thousand dollars, bearing interest to 
 be paid semi-annually, at the rate of six per cent, per annum, 
 payable in twenty years from date of issue, with the privilege 
 of being redeemed after the expiration of five years, to the 
 amount of one hundred and fifty thousand dollars ; provided, 
 however, that the money arising from the sale of said bonds, 
 shall be used and applied by the said councils for the payment 
 and , redemption of the registered and coupon bonds of the 
 city of Norfolk, which shall fall due in the year 1880, and for 
 no other purpose whatever. 
 
 Sec. 2. Full power and authority is hereby given to the 
 finance committee of said common and select councils, to pre- 
 pare and issue the said bonds in such form, and each for such 
 sum, as the said committee shall prescribe; each of the said 
 bonds shall be signed by the presidents respectively of the 
 said councils, and countersigned by the treasurer of the city, 
 with the corporate seal of the said city affixed thereto ; and 
 each of the coupon or registered bonds shall have the name of 
 the treasurer affixed thereto. Full power and authority is 
 hereby given to the said committee to exchange the said bonds, 
 or any part or parcel thereof, for any matured bond or bonds 
 of the city, dollar for dollar, and to make sale of the same, or 
 any part or parcel thereof, as they may deem expedient ; pro- 
 vided, that no such sale shall be made at a less rate than their 
 par value, and further to perform all act or acts, as may be 
 necessary and proper to carry into effect this ordinance. 
 
 Sec. 3. The said registered and coupon bonds shall be 
 exempt from any and all taxation by the said city, and the 
 said coupons shall be received in payment of any and all dues 
 to the said city, and of all taxes levied or assessed by the said 
 city, except the specific water tax. 
 
 Sec. 4. The fund derived from the sale of said bonds shall 
 be deposited in bank, as a special and separate fund, and shall 
 be known and styled the bond redemption fund. 
 
 Sec. 5. This ordinance shall be in force from and after its 
 passage. 
 
 Passed select council March llth, 1879. 
 
 Passed common council March 18th, 1879. 
 
ORDINANCES AUTHORIZING THE ISSUE OF BONDS. 61 
 
 AN ORDINANCE 
 
 To amend and re-ordain Sec. 1, of the ordinance, entitled an ordi- 
 nance, authorizing the issue of $150,000 (one hundred and fifty 
 thousand dollars) of registered or coupon bonds, under an Act 
 of Assembly, approved January llth, 1878, (see Acts of Assem- 
 bly, 1877-78, page 11,) for the purpose of retiring such bonds of 
 the city as may become due and payable in the year 1880. 
 
 Be it ordained by the common and select councils of the Amendment 
 city of Norfolk, that section 1 of the above recited ordinance $ 
 be amended and re-ordained, so as to read as follows : 1879 
 
 Sec. 1. That it shall be lawful for the said city to issue 
 registered or coupon bonds of twenty-five dollars, fifty, one 
 hundred dollars, five hundred dollars, and one thousand dol- 
 lars, bearing interest, to be paid semi -annually, at the rate of 
 six per cent per annum, in twenty years from date of issue, 
 with the privilege of being redeemed after the expiration of 
 five years, to the amount of one hundred and fifty thousand 
 dollars ; provided, however, that the money arising from the 
 sale of said bonds, shall be used and applied by the said coun- 
 cils for the payment and redemption of the registered and 
 coupon bonds of the city of Norfolk, which shall fall due in 
 the year 1880, and for no other purpose whatever. 
 
 Sec. 2. This ordinance shall be in force from its passage. 
 
 Passed common council June 3d, 1879. 
 
 Passed select council June 17th, 1879. 
 
 AN ORDINANCE 
 
 To amend and re-enact an ordinance passed select council March 11, 
 1879, and common council March 18, 1879, entitled an ordinance 
 authorizing the issue of one hundred and fifty thousand dollars 
 ($150,000) of registered or coupon bonds, under the act of assem- 
 bly approved January 11, 1878, (see acts of assembly 1877-78, 
 page 11), for the purpose of retiring such bonds of the city as 
 may become due and payable in the year 1880. 
 
 Sec. 1. Be it ordained by the common and select councils of Amending 
 the city of Norfolk, that it shall be lawful for the said city to 
 issue registered or coupon bonds of one hundred dollars, five 
 hundred dollars, and one thousand dollars, bearing interest, to 
 be paid semi-annual ly, at the rate of six per cent, per annum, 
 payabfe in twenty years from date of issue, to the amount of 
 one hundred and fifty thousand dollars: provided, however, 
 that the money arising from the sale of said bonds, shall be 
 used and applied by the said councils for the payment and 
 redemption of the registered and coupon bonds of the city of 
 Norfolk, which shall fall due in the year 1880, and for no other 
 purpose whatever. 
 
 Sec. 2. Full power and authority is hereby given to the 
 finance committee of said common and select councils to pre- 
 pare and issue the said bonds, in such form, and each for such 
 sum, as the said committee shall prescribe; each of the said 
 bonds shall be signed by the presidents respectively of the 
 said councils, and countersigned by the treasurer of the city, 
 with the corporate seal of the said city affixed thereto. Full 
 
ORDINANCES AUTHORIZING THE ISSUE OF BONDS. 
 
 power and authority is hereby given to the said committee to 
 exchange the said bonds or any part or parcel thereof, as they 
 may deem expedient: provided, that no such sale shall be 
 made of such bonds at a rate less than their par value ; and 
 further, to perform all act or acts as may be necessary and pro- 
 per to carry into effect this ordinance. 
 
 Sec. 3. The said registered and coupon bonds shall be exempt 
 from any and all taxation by the said city, and the said cou- 
 pons shall be received in payment of any and all dues to the 
 city, and of all taxes levied or assessed by the said city, except 
 the specific water tax. 
 
 Sec. 4. The fund derived from the sale of said bonds shall 
 be deposited in a bank as a special and separate fund, and 
 shall be known and styled the bond redemption fund. 
 
 Sec. 5. This ordinance shall be in force from and after its 
 passage. 
 
 Passed common council January 6, 1880. 
 
 Passed select council January 13, 1880. 
 
 AN ORDINANCE 
 
 To provide for the redemption of the bonds of the city of Norfolk 
 issued under and by virtue of an ordinance passed by the com- 
 mon council of said city on the 5th day of August, 1870, and by 
 the select council of said city on the 5th day of August, 1870, 
 entitled an ordinance authorizing the issue of three hundred 
 thousand dollars in eight per cent, coupon bonds. 
 
 Whereas by the provisions of the above entitled ordinance the 
 privilege of redeeming the bonds issued under and b^y virtue there- 
 of in ten years from the date of the issue was reserved by said city. 
 
 Providing for Sec. 1. Beit therefore ordai ned by the select and common 
 8 e pe^?n?" of councils of the said city of Norfolk, that coupon bonds of the 
 due in 1890 said city, payable on the 1st day of September, in the year 
 1900, to an amount not exceeding two hundred and two thous- 
 and seven hundred dollars, bearing interest at the rate of six 
 per centum per annum, payable semi-annually, be issued. 
 $202,700 6 per = Sec. ^- Full power is hereby given to the finance committee 
 cents due Sep. of said councils to prepare and issue the said bonds in such 
 form, and each for such sum as the said committee shall pre- 
 scribe ; and each of the said bonds shall be signed by the 
 presidents respectively of the said councils, and countersigned 
 by the treasurer, with the corporate seal affixed thereto, and 
 each of the said coupons shall have the name of the treasurer 
 affixed thereto. 
 
 Sec. 3. Full power and authority is hereby given to the 
 said finance committee to make exchange or sale of the said 
 bonds, or any part or parcel thereof as they may deem expe- 
 dient, and all money realized by the said committee by the ex- 
 change or sale of the said bonds shall be paid to the treasurer 
 of the said city and applied by him under the direction of the 
 said committee to the redemption of the said bonds, and the 
 coupons annexed or belonging thereto, and to no other pur- 
 pose waatever. 
 Sec. 4. The said bonds and coupons shall be exempt from 
 
ORDINANCES AUTHORIZING THE ISSUE OF BONDS. 63 
 
 any and all taxation by the said city, and the said coupons 
 shall be received in payment of any and all dues of the said 
 city, except the water tax. 
 
 Sec. 5. It shall be the duty of the treasurer to give notice 
 by publication in two or more newspapers printed in the city 
 of Norfolk, and in other cities, if deemed by the said com- 
 mittee expedient to the holders of the bonds aforesaid, of the 
 election of the said city to redeem the same, according to the 
 privilege reserved as aforesaid. 
 
 Passed common council August 10, 1880. 
 
 Passed select council August 19, 1880. 
 
 Bonds issued to redeem bonds maturing in 1881. 
 
 Sec. 1. Be it ordained that coupon bonds of the city of 321,521 5 per 
 Norfolk, to the amount not exceeding $321,521, bearing interest ja^VK' 1 
 at the rate of not more than 5 per cent, per annum, payable *} J ^y ^ 
 semi-annually, at the office of the treasurer of the city of Nor- years after 
 folk, or such banking institution as the finance committee may date 
 determine upon, be issued. 
 
 The said bonds to bear date on January 1st, 1881, and 1st 
 day of July, 1881, and be payable thirty years therefrom. 
 
 Sec. 2. Full power and authority are hereby given the joint Power to 
 finance committee of the common and select councils, to pre- SSfS^a'sto" 
 pare and issue said bonds in such form and each for such sum form 
 as the said committee shall prescribe, and each of the said 
 bonds shall be signed by the presidents respectively of the 
 said councils, and shall be countersigned by the treasurer of 
 the said city with the corporate seal of the said city affixed 
 thereto ; and each of the coupons of the said bonds shall have 
 the name of the treasurer lithographed or engraved thereon. 
 
 Sec. 3. Full power and authority are hereby given to the Power given 
 said joint finance committee to exchange said bonds or any part mitteftowsli 
 or parcel thereof for any bond or bonds of the said city which or exchange 
 shall mature and become payable in the year 1881, at not less 
 than dollar for dollar; and to make sale of any part or parcel 
 of the said bonds as they may deem expedient. And all 
 moneys realized by them from such sale under this ordinance 
 shall be paid to the treasurer of said city, and applied by him, Proceed9 how 
 under their direction, to the payment of the bonds of the said applied 
 city remaining unredeemed, which shall mature and become 
 payable in the year 1881, and to no other purpose whatsoever. 
 
 Sec. 4. That said bonds and coupons shall be exempt from Exempt from 
 any and all taxation by the said city, and the said coupon s 1 ^^ 11011 
 shall be received in payment of any and all dues to the said coupous 
 city, and all taxes levied or assessed by the said city except JJ x |g Vable for 
 the specific water tax. 
 
 Passed select council March 8, 1881. 
 
 Passed common council March 18, 1881. 
 
64 ORDINANCES AUTHORIZING THE ISSUE OF BONDS. 
 
 Bonds in lieu of bonds maturing during the year 1882, and 
 also for Seiverage and Drainage. 
 
 $155,090 5 per Sec. 1. Thafc coupon bonds of the said city of Norfolk be 
 Jan*! 1882 issued to an amount not to exceed $155,000, bearing interest 
 July i, 1882 at not more than the rate of 5 per cent, per annum, payable 
 date earsaft r semi-annually, at the office of the treasurer of the city of Nor- 
 folk or such banking institution as the finance committee may 
 determine upon The said bonds to bear date of January 1, 
 and July 1, 1882, and to be payable 30 years therefrom. 
 Form to be Sec. 2. Full power and authority is hereby given to the joint 
 flnance'c na- fi nance committee of the select and common councils, to pre- 
 mittee pare and issue the said bonds in such form and each for such 
 
 sum as the said finance committee shall prescribe; arid each 
 of said bonds shall be signed by the presidents respectively of 
 the said councils and countersigned by the treasurer of said 
 city, with the corporate seal of said city thereto affixed. 
 And each of the coupons of said bonds shall have the name of 
 the treasurer of the city lithographed or engraved thereon, 
 finance com- g e c. 3. Full power and authority is hereby given to the joint 
 or exchange finance committee, to make sale of any part or parcel of said 
 bonds as they may deem expedient, and all moneys realized by 
 them from such sale under this ordinance, shall be paid to the 
 Proceeds how treasurer of said city, and applied by him under the direction 
 applied of the said finance committee, to the payment of the bonds of 
 
 the city remaining unredeemed, which shall mature and become 
 cabieto s'ewer' P a j a ^le in the year 1882, and to meet such appropriations as 
 age ' /r may be made by the councils from time to time for sewerage 
 
 and drainage purposes. 
 
 Exempt from Sec. 4. That said bonds and coupons shall be exempt from 
 Coupons taxation by the said city, and said coupons shall be received 
 receivable for in payment of any and all dues to said city, and all taxes 
 taxes levied or assessed by the said city, except the specific water tax. 
 
 Passed common council February 7, 1882. 
 Passed select council February 14, 1882. 
 
 Bonds to meet certain Appropriations for 1884. 
 
 $40,000, April i Sec. 1. Be it ordained by the common and select councils 
 20 years of the city of Norfolk, that the finance committee of said 
 councils, be and they are hereby fully authorized and 
 empowered to sell the bonds of the city, payable thirty years 
 after April 1, 1884, either registered or coupon, bearing interest 
 not exceeding six per cent. Said bonds if six per cent, not 
 to be sold at less than par and accrued interest, or if five 
 per cent, at not less than ninety-five per cent, of their par 
 value with accrued interest. The said bonds to be issued, 
 signed and attested, as other bonds of the city are required to 
 be executed ; and the proceeds of the sale of said bonds are 
 hereby ordered to be turned into the treasury of the city and 
 applied to the payments of the several sums heretofore includ- 
 ed in the appropriations made by the councils, or so much 
 thereof as may be necessary, including the payments of any 
 
ORDINANCES AUTHORIZING THE ISSUE OF BONDS. 65 
 
 note or notes given in bank for temporary loans, and to meet 
 the deficiency in the revenues as aforesaid. But the amount of 
 bonds issued under authority hereof, shall not exceed forty 
 thousand ($40,000) dollars. 
 
 This ordinance shall be in force from its passage, and the 
 finance committee are authorized to advertise for proposals for 
 sale of said bonds. 
 
 March 13th, 1884. 
 
 Bonds for Section B. Hewers and Drain* lss-1. 
 
 Sec. 1. Be it ordained by the common and select councils cStd 
 of the city of Norfolk, that in order to complete section B. 1, 1012, for 
 of the Waring system of sewerage and drainage, coupon bonds 86 
 of the city of Norfolk be issued to the amount of not exceed- 
 ing $30,000, payable on the 1st day of January, 1912, with 
 interest at the rate of five per centum per annum, payable 
 Bend-annually, on the 1st day of January and July. 
 
 Sec, 2. Full power and authority are hereby given to the 
 finance committee of the common and select councils to pre- 
 pare said bonds to be executed in the same manner as other 
 bonds of the city, and to make sale of said bonds at the best 
 price that can be obtained therefor ; provided that none of the 
 said bonds shall be sold for less than ninety-five per cent, of 
 their par value, and accrued interest. 
 
 Sec. 3. The proceeds of the sale of said bonds shall be 
 placed by the treasurer to the credit of the street sewer and 
 drain commissioners, and shall be used by them for the com- 
 pletion of section B., of the Waring system of sewerage and 
 drainage and the expenses in connection therewith, and for 
 no other purpose, except for said sewers and drains, to be ex- 
 pended in accordance with the contract authorized to be made 
 by said board by the resolution of said councils, passed March 
 20th, 1884. 
 
 Sec. 4. The said coupons shall be exempt from all taxation 
 by the city, and the coupons attached thereto shall be received 
 for all dues to the city, except the special water tax. 
 
 Passed March 20th, 1884. 
 
 AN ORDINANCE 
 
 Authorizing the issue of bonds of the city of Norfolk, for the pur- 
 pose of retiring and refunding certain bonds of said city wnich 
 fall due in 1884-85. 
 
 Sec. 1. Be it ordained by the common arid select councils Amount of 
 of the city of Norfolk, by virtue of authority conferred by an 
 act of the general assembly of Virginia, approved August, 
 1884, that the bonds of said city shall be issued to an amount 
 not exceeding the sum of three hundred and thirty-three 
 thousand dollars, ($333,000) for the sole purpose of redeeming 
 or refunding bonds of said city which shall mature and become 
 payable in the years 1884 and 1885. 
 
 Sec. 2. The said bonds shall be dated on the first day of 
 
 9 
 
66 NORFOLK GYMNASIUM AND ATHLETIC ASSOCIATION. 
 
 Stlrest eVer 14 October > 1884 > and be ma ? e payable on the first day of Octo- 
 cent. ber, 1914, and shall bear interest at the rate of six per centum 
 
 per annum, payable semi-annually. 
 
 Exemption Sec. 3. The said bonds shall be exempt from all taxation by 
 taxes 01 y the city of Norfolk, and the coupons, issued as aforesaid, shall 
 for be receivable for all taxes, debts and demands due the said 
 
 /c vau , . /-> 
 
 taxes city, except ior specific water tax. 
 
 HOW to be ^ ec * 4. -Full power and authority are hereby given to the 
 
 prepared and joint committee on finance of the common and select councils 
 to prepare said bonds in such form, either registered or cou- 
 pon, and each in such sum as the said committee may pre- 
 scribe. The said bonds shall be signed by the presidents of 
 said councils, and countersigned by the treasurer of the city 
 with the corporate seal of the city affixed thereto, and all cou- 
 pons shall bear the name of said treasurer. 
 
 Finance com- Sec, 5. The said committee on finance are further authorized 
 ize^oseno? and empowered to exchange the said bonds for any bonds of 
 exchange the city which shall mature and become payable in the years 
 1884 and 1885, if in their judgment they deem it best to do 
 so, and to sell any part or parcel of said bonds as they may 
 deem expedient ; provided that no sale of said bonds shall be 
 made, or shall be lawful at any price less than their par value 
 thereof, with accrued interest. 
 
 Proceeds how Sec. 6. All moneys received for the sale of said bonds shall 
 received and be paid to the treasurer of the city, and by him specially de- 
 deposited and ' -i. j i i J.TVJ i i 1111 
 applied posited in bank upon the bond redemption account, and shall 
 
 be applied to the payment and redemption of the bonds of 
 said city which mature in 1884 and 1885, and said moneys 
 shall not be used for or applied to any other purpose 
 whatsoever. 
 
 Passed common council December 2, 1884. 
 
 Passed select council December 9, 1884. 
 
 CHAPTER XVI. 
 
 Norfolk Gymnasium and Athletic Association. 
 
 Target firing Sec. 1. That it shall be lawful for the members of the rifle 
 SSSdL o? team belonging to the Norfolk Gymnasium and Athletic As- 
 Gymnas^um sociation to exercise at target practice within the bounds of 
 undSr certain the grounds of the said association now located upon Princess 
 restrictions Anne avenue within and adjoining the city limits, under the 
 restrictions and according to the rules and regulations pro- 
 vided by the managers of the said association, and provided 
 that the target shall be of half inch boiler iron, affixed to a 
 bulkhead 30 feet long by ] 6 feet high, constructed of two inch 
 plank on the front and one inch plank on the back, joints to 
 be battonned the space of one foot between the front, and 
 planking to be filled in solidly with earth, the entire premises 
 to be kept enclosed. And the members of the association 
 when exercising within the said premises shall not be liable 
 
HACKS, CARRIAGES, &c., FOR HIRE. 67 
 
 to the penalty imposed by the ordinances of the city for dis- 
 charging fire arms within the city limits. 
 June 10, 1884. 
 
 CHAPTER XVII. 
 
 Hacks, Carriages, &c., For Hire. 
 
 Sec. 1. Every person who shall use a public hack, carriage License tax 
 or other vehicle for the conveyance of passengers, for hire in ul? 
 the city of Norfolk, shall first obtain a license for the privilege &c. 
 of so doing. Before such license is issued, there shall be paid 
 to the collector and his receipt therefor produced to the com- 
 missioner of the revenue, the annual tax of twenty dollars, 
 and after that rate for any period less than a year. 
 
 Licenses shall be issued quarterly, say first of January, April, 
 July and October ; but in order to have them all expire at one expire 
 date, the collector is authorized to issue to applicants a license 
 for such a period as will enable him to carry out this provision 
 and at pro rata cost of the whole tax imposed. The collector Double tax on 
 will charge and collect for licenses issued to non-residents non-residents 
 double the amount paid by the citizens of Norfolk. 
 
 2. The commissioner of the revenue shall keep a register commissonsr 
 of the license, and the number of the same in every case, and kee^reSster 
 shall furnish to every such person a tin plate painted black of licenses and 
 and maked white with the letter H, and number correspond- p i a te with 
 ing to the number on the register, for which the commissioner 1 f 1B 1 ^ e l r d 
 
 of the revenue shall receive a fee of twenty-five cents in each His fee 
 case, to be paid by the driver; and the * said plate shall be 
 attached to the vehicle in a conspicuous place, and the number 
 shall be worn by the driver on his hat or on the lappel of his 
 coat. The commissioner of the revenue shall receive a fee 
 of thirty cents for each license, and a like sum for each 
 renewal thereof, to be paid by the party applying therefor. 
 
 3. No person under eighteen years of age shall drive any Persons under 
 public hack in this city. J 8 ^ drive 
 
 4. All public hacks licensed by the city shall stand to the stands for 
 west of the artesian well, on the middle of the Main street ; P ublic hacks 
 and drivers of such hacks shall at no time be distant more 
 
 than five feet from their vehicle. 
 
 5. The drivers of public hacks licensed by the city may what drivers 
 charge twenty-five cents for carrying passengers from one ?J?^arr a jS 
 part of the city to any other part of the same, and fifty cents passengers 
 for carrying passengers, with the usual amount of baggage, 
 
 to or from any steamboat or railroad depot ; and when hacks 
 after night attend at any steamboat landing or depot they 
 may charge one dollar each for passengers from eight 
 o'clock P M., from the first day of October to the first day of 
 April, and from nine o'clock P.M. from the first day of April 
 to the first day of October inclusive. 
 
 6. Every driver of any hack or vehicle lor hire shall have Rate to be 
 a copy of the fifth section of this ordinance placed inside o 
 
 his hack or vehicle in some conspicuous place. 
 
68 
 
 HEALTH. 
 
 Penalty for 
 violation 
 
 collector to 
 
 license 
 
 person obtaining a license under this ordinance may 
 transfer the unexpired term thereof at the office of the com- 
 missioner of the revenue, and thereupon a new license shall 
 be issued for the balance of the term. 
 
 8. Any person who shall violate any provision of this chap- 
 ter shall p~ay a fine of not less than five nor more than twenty 
 dollars. 
 
 9. The collector shall give public notice in all the daily 
 morning papers published in the city, for three days, prior to 
 the first days of January, April, July and October, of the ex- 
 piration of licenses and the necessity of prompt renewal thereof. 
 
 [NOTE. See ordinance on health, prohibiting the conveying of 
 any corpse of person dying of contagious disease. 
 
 CHAPTER XVIII. 
 
 Health. 
 
 Board to be 
 appointed by 
 councils 
 biennially 
 
 Organization 
 of board 1 
 
 Meetings of 
 board 
 
 Quorum 
 Record 
 
 Health officer 
 and inspector 
 to attend 
 meetings of 
 the board 
 
 Duties of 
 health officer 
 
 Powers of 
 board to adopt 
 and enforce 
 rules for pre- 
 servation of 
 health 
 
 Abatement of 
 nuisances 
 detrimental 
 to health 
 
 1. The board of health shall consist of iive members, elec- 
 tors, who shall be appointed by the councils biennially, at 
 their first meeting in the month of July. The members of the 
 board now in office shall serve until the first day of July, 
 eighteen hundred and eighty-six, and until their successors 
 are appointed and qualified. 
 
 2. The members of the board shall organize by choosing a 
 president and secretary from their own number, and divide the 
 city into five districts, and assign one member to the particular 
 care and oversight of each district. 
 
 The board shall meet once in every week between the first 
 day of March and the first day of ^November, and once in 
 every two weeks between the first day of November and the 
 first day of March, in every year, and at such other times as 
 it may deem necessary, or as it may be called together by the 
 president. Three members shall constitute a quorum for the 
 transaction of any business, and the board shall keep a record 
 of all its proceedings. 
 
 3. It shall be the duty of the health officer, and also of the 
 inspector of streets, to attend the meetings of the board, und 
 to observe and carry into effect all orders within the sphere of 
 their respective duties pertaining to the public health. 
 
 The health officer shall act as physician to the almshouse 
 and quarantine officer in any case within the jurisdiction of the 
 board of health of the city, which may not come under the 
 jurisdiction of the board of quarantine commissioners. 
 
 4. The board of health shall have and exercise a general 
 supervision of the sanitary condition of the city, and may 
 adopt and enforce such rules and regulations for the preserva- 
 tion of the public health, as it may deem necessary. 
 
 5. It shall be the duty of the board, and it shall have full 
 power and authority to determine what is a nuisance or detri- 
 mental to the health of any portion of the city, or the public, 
 to abate and remove all nuisances to health, either through its 
 
HEALTH. 69 
 
 own officers and agents, or by contract, as it may deem best ; 
 
 to prescribe the manner, time and terms of removal of ril^nw^S/S 
 
 1-, !! i & night soil by 
 
 night soil and excrementitious matter ; and in case of con- contract ex- 
 tracting to have the service performed, it may confer the ex- otherwise 
 elusive right of removal upon the person or persons contract, 
 ing; provided, that all such contracts shall be ratified by the 
 councils ; and provided, that the occupant or owner of any lot 
 may, within certain rules to be prescribed by the board, remove Lot owners 
 or cause to be removed the night soil from his own lot, if he SS/soiun 
 
 shall SO elect. certain cases 
 
 6. The board may appoint an agent or assistant, to be known Sanitary 
 
 as sanitary inspector, to carry out its orders and regulations, bTappcSnted 7 
 and fix his compensation. b y Doard 
 
 7. It shall be the duty of the board to inspect, at least once Duty of board 
 in every two weeks, between the first day of March and the quSiUnspec- 
 first day of November, in every year, and at such other times tions and_ 
 
 as it may think proper, all parts of the city; to enforce allies e 
 ordinances relating to the sanitary condition of the city, and 
 cause to be removed all nuisances. The board shall examine 
 all lots, grounds, cellars, and all streets, lanes, and alleys; 
 and whenever the board shall be of opinion that any lots, 
 grounds or cellars are in a state of nuisance, or so situated 
 that a nuisance may be created, it shall cause a written notice 
 to be served upon the owner or occupant, or owners or occu- 
 pants, directing the s,aid nuisance or cause of nuisance to be 
 removed ; and if such owner or occupant shall fail to comply 
 therewith he shall pay a fine of five dollars, and a further fine 
 of five dollars for every day he shall so fail to comply with the 
 said notice ; and shall moreover pay the expenses incurred in 
 case such nuisance shall be removed under the authority of 
 the board, which the board is authorized to have done. 
 
 8. The expense of abatement of nuisances to health and the HOW cost of 
 removal of night soil shall be paid by the person or persons Sufsances 
 causing the same, or occupying the ground where the same gJJJfeJJJi 
 may be, to the persons performing the service, at the time of 
 
 its performance ; and in case of the failure or refusal to pay 
 said expense within five days, the same may be collected and 
 recovered from the owner of the property by the sanitary inspec- 
 tor by warrant or suit in the name of the city, and shall be a lien 
 upon the property in like manner as taxes are now liens. 
 
 1). Whenever the board, or any member thereof, shall have Board may 
 cause to suspect that a nuisance exists in any house or enclosure, 
 thf.y, or any one of them, may demand entry therein ; and if 
 the owner or occupant refuse to open the same, and to admit 
 :i free examination of the premises, he shall pay a fine of five 
 dollars. 
 
 10. Whenever the board shall be of opinion that any private Board may 
 docks are not sufficiently cleansed or deepened, or have any to 
 rotten or decayed wood about them, so as to be likely to be- 
 come injurious to the public health, it shall cause a written 
 notice to be served upon the owner or occupants of such docks 
 to cleanse and deepen them, and remove such rotten and decay- 
 e d wood, and otherwise correct the evil existing, or likely to 
 
70 HEALTH. 
 
 exist, in and about the premises, in such manner as shall be 
 prescribed by the board ; and if any such owner or occupant shall 
 fail to obey any order in such notice, he shall pay a fine of five 
 dollars for every day he shall so fail ; and shall moreover pay 
 the expenses incurred in deepening, cleansing, or otherwise 
 repairing such dock, when the board shall see proper to have 
 the work done, under its own direction, as it is hereby author- 
 ized to do, on such failure. 
 
 ctuarsand ^* ^ cellars under warehouses, stores, dwellings and 
 oVto S befliied other houses shall, when deemed necessary by the board, be 
 up filled up with sound materials, and paved with hard bricks or 
 
 stones; and all lots, when deemed necessary by the board shall 
 be filled up above the level of the streets, so as to prevent the 
 lodgement of water; and any person owning or occupying 
 such place, and failing to comply with the requisitions of the 
 board under this section, shall pay a fine of five dollars for 
 every day he shall so continue to fail ; and shall, moreover, pay 
 the expense incurred in filling up such cellars and vacancies, 
 and raising such lots, when the board shall see proper to have 
 such work done under its direction, as it is hereby authorized 
 to do. The board may contract to have cellars, vacancies and 
 sunken lots filled up. 
 
 The board with the approval of the presidents of the coun- 
 cils, may draw on the treasurer for all sums to be expended 
 under this section. 
 
 Money ex- All sums of money paid by the city for filling up any lot or 
 boardin b miing P rem ^ ses ' as P roy ided in this section, shall constitute a lien 
 upYots, &c.' upon the property, to be enforced upon said property as liens 
 property " )n &* taxes are now enforced. 
 
 who to be 12. When any person shall be in possession of any property, 
 
 of e iots d in wner or nave cnal 'g e thereof, within the city, as executor, adminis- 
 
 certain eases trator, trustee, guardian or agent, such person shall be deemed 
 
 to be the owner of such property, and shall be bound to obey 
 
 all orders of the board, as far as the same may affect such 
 
 property, in the same manner and subject to the same penalties 
 
 and fines as if such person were actually the owner of such 
 
 property ; and notice to such person shall be deemed to be 
 
 sufficient. 
 
 when no In case no owner or occupant, or other proper person, can 
 
 found notice 6 be found on whom to serve the notice, the board is authorized 
 
 to be given in a ft er giving five days' notice in one of the newspapers of the 
 
 city, to have the work done ; and in all cases where the board 
 
 shall cause any work to be done it shall return to the treasurer 
 
 an account of the expense incurred, and he shall put the said 
 
 account into the hands of the collector for the city for collection. 
 
 Board may 13. Whenever, in the opinion of the board of health, there 
 
 general vacci- sna ^ ^ e danger f the introduction or increase of variola and 
 
 nation kindred diseases, it shall have full power and authority to 
 
 to cause a general vaccination of all persons residing or 
 
 sojourning within the limits of its jurisdiction, and to that 
 
 end may make such rules and regulations pertaining to the 
 
 matter as it may deem necessary. 
 
 Penalties ^ nv p ergon refusing to comply with any of the rules or 
 
HEALTH. 71 
 
 regulations of the board, made in pursuance of this section, 
 shall pay a fine of not less than five nor more than twenty 
 dollars; but nothing herein contained shall prevent any per- 
 son ordered to be vaccinated from employing any physician he 
 may deem proper, provided it be done within the time pre- 
 scribed by the board. 
 
 14. When,any physician knows that any person whom he is Physicians 
 called to visit in the city is infected with smallpox, diptheria, JSj 
 
 scarlet fever or any other contagious disease dangerous to the of inspectors 
 public health, or shall, in the practice of his profession, dis- tn!Sr 8 treat- d< 
 cover that any section of the city is peculiarly the seat of pre- ment 
 ventible disease, such physician shall immediately give notice 
 thereof to the president of the board of health. Any person 
 who shall violate the provisions of this section, shall pay a fine 
 of not less than ten nor more than one hundred dollars. 
 
 15. No person shall bring or cause to be brought into the second -hand 
 city for sale any second hand wearing apparel or bed clothing, to be'brought 
 
 Any person who shall violate this section shall pay a fine into city for 
 of twenty dollars, one half of which shall go to the informer. sa 
 The mayor or any justice may require the party charged to 
 show how, when and where the articles were bought. 
 
 10. When any householder knows that a person within his Householder 
 family is taken sick with small pox, or any disease dangerous O f an^danger- 
 to the public health, he shall immediately give notice thereof ^SmSy'to 1 
 to the president of the board of health, or to the mayor, or to president of 
 any officer of the police. Any person who shall violate this ^ayoror 
 section shall pay a fine of not less than ten nor more than policeman 
 twenty dollars: 
 
 17. No dead body shall be brought into or be opnreyed gjjggj^j* 
 through the city, nor be allowed to remain therein, without a in or conveyed 
 written permissson from the board ol health, obtained through cit r y "vSthout 
 the health officer ; and any person who shall bring into, permit 
 convey or cause to be conveyed through the city, any 
 
 dead body, or allow it to remain therein without the permis- 
 sion of the board of health, shall, on covniction thereof, pay a 
 fine of twenty dollars. 
 
 18. It shall not be lawful for an undertaker or any other Undertaker 
 person to remove, or cause to be removed, for the purpose ofanyd^al^ody 
 interment, the remains of any person dying within the limits ^i^^f. 
 of the city, until he is furnished with a proper certificate ofacateof death 
 death, signed by the medical attendant of the deceased ; and 
 
 should said medical attendant refuse to grant to said under- 
 taker or other person a proper certificate of death, so as to en- 
 able him to comply with the law within a proper period, say 
 twelve hours after death, he shall be subject to a fine of 
 twenty dollars for every offence; and in case there is no such 
 medical attendant, two respectable persons cognizant of the 
 facts may give such certificate of death. 
 
 The certificate of death shall set forth the name in full of what death 
 the deceased, date, place, and cause of death, both chief and shall state 
 complicating, color, sex, age, place of birth, occupation, name 
 of parents, whether married or single ; and if married, the 
 name of consort, and also the name of the informant, and his 
 
72 WOODEN HOUSES. 
 
 or her relation to the deceased, as now required by the State 
 law, 
 
 be returnedto '^ ie sa ^ cer ^ nca ^ e f death, with date and place of burial 
 
 health officer of deceased appended, shall be returned within three days of its 
 
 pubUrti*Mine (iate to the nealfc h officer, who shall, on or before the second 
 
 Wednesday of each month, return to the board of health a 
 
 statement containing an enumeration of the causes of deaths 
 
 of the previous month, as obtained from the before described 
 
 certificates of death, in such form as maybe prescribed by the 
 
 board of health, and the health officer shall publish the same 
 
 in the newspapers having the contract for advertising for the 
 
 city. 
 
 Carrying dead 19. It shall be unlawful for any owner or driver of any 
 
 rSges prohi-" public or private carriage to use the same as a hearse in carry- 
 
 certain 1 cases * n ? ^ e ^ ner f the cemeteries the dead body of any infant or 
 
 child, or other person, whose death was caused by any conta- 
 
 fious or infectious disease, and the provisions hereof shall be 
 ept posted in every public hack. Any person violating any 
 of the provisions of this section shall pay a tine of not less than 
 five nor more than twenty dollars. 
 
 Mayor to 20. It shall be the duty of the mayor to direct that \the 
 
 reportnuff- 1 Pli ce shall report all nuisances of every description that may 
 make & enerai ex * s ^ * n an y s ^eet, lane, alley, yard, vacant lot, marshes or 
 sanitary fn docks, daily, to the chief of police, who shall make a daily re- 
 f uarteSy P r t of the same to the mayor. 
 
 The mayor shall also order a general and thorough sanitary 
 inspection of the city to be made by the police quarterly, on 
 the fifteenth day of March, June, September and December 
 of each year. They shall examine thoroughly all streets, lanes, 
 alleys, docks, vacant lots, cellars, yards, &c., &c., and they shall 
 report as to the actual condition of the same to the chief of 
 police, who shall report the same to the mayor. 
 The mayor shall order the immediate abatement of every 
 
 Mayor to . J i-iin i i n j 
 
 order nuis- nuisance so reported, by the person complained of, and in case 
 
 abated ] f refusal or neglect to comply with his order, the mayor shall 
 
 order the street inspector to cause the said nuisance to be 
 
 abated and the expense thereof collected by the city collector 
 
 from the party liable therefor. 
 
 Penalty for 21. Any person violating any of the provisions of this chap- 
 
 orders'Sid ter, or any lawful order of the councils, or of the mayor, or 
 
 fngThepubik;" anv ^ ^ le or ^ ers rules or regulations of the board of health, 
 
 health made under their authority, concerning the public health, 
 
 shall, on conviction thereof, where no other penalty is imposed, 
 
 pay a fine of not less than five nor more than twenty dollars, 
 
 for each offense. 
 
 CHAPTER XIX. 
 
 }Yooden Houses. 
 
 Wooden 
 
 houses over i. ^ person shall, without special permission from the 
 sions not to be councils, build on any lot of land within the city limits, any 
 oSpermission nouse or building whatever of greater dimensions than twelve 
 of councils feet square and one story high, ten feet in the clear, un- 
 
INSTRUMENTS IN WRITING EXECUTION OF. 73 
 
 less the outer walls of such house or building be made of brick 
 
 and mortar, or of stone and mortar, or of sheet iron, or some 
 
 other fire proof material and the roof covered with tin or slate, ^uJe Sfan 
 
 Nor shall any person, without permission from the councils, size to belnriit 
 
 build upon the line of any street or fronting thereon, any ^^JJI 1 line 
 
 wooden house of any size or dimensions whatever. permit 
 
 All permits to erect wooden buildings shall be coupled with 
 the condition that water shall be introduced upon the premises h VSto e 
 from the Norfolk city water works by the owner or builder, connected 
 provided the house be situated along the line of the 
 pipe. It shall be the special duty of the inspector to see that 
 this condition is complied with. Any person offending here- 
 in shall forfeit and pay a fine of twenty dollars, and a further 
 fine of ten dollars for each week such building or buildings 
 shall remain after due notice to remove the same shall have 
 been given. 
 
 2. All petitions for permission to erect buildings in accord- Plat of buiid- 
 ance with the provisions contained in section one of this sen t & of ad-join- 
 ordinance shall be accompanied with a plat of said building ing owners to 
 
 , .,,. , ., ~\, 111 6 accompany 
 
 or buildings and the written consent of the property holders petition, 
 adjoining the land where such building or buildings are to be 
 erected, and such petition shall lay over for one month from 
 the date of its presentation to the councils, and in no case 
 shall the construction of said building or buildings be com- 
 menced until such petition shall have been granted by the 
 councils. 
 
 Any person who shall violate this section shall incur the 
 penalties prescribed in section one. 
 
 CHAPTER XX. 
 
 Instruments in Writing Execution of. 
 
 1. All deeds, bonds, leases, contracts, conveyances and Deeds, bonds, 
 agreements of whatsoever nature or description, authorized signed by the 
 to be made or entered into by the city, shall, unless other wise presidents of 
 specially provided by the councils, be signed and acknowledged * 
 
 by the presidents of the common and select councils respectively 
 and sealed with the corporate seal of the city by the city treas- 
 urer, and all bonds shall also be countersigned by the said 
 treasurer, and said deeds, bonds, leases, contracts, conveyances 
 and agreements, when so signed and sealed, shall be taken as 
 and for the true act and deed of the city of Norfolk ; provided p roviso a8 to 
 that nothing herein contained shall apply to the conveyance deed for deiin- 
 of lands sold for delinquent taxes, required to be made and quent lands 
 executed by the mayor and treasurer under any resolution of 
 the councils. 
 
 2. All negotiable notes of the city made by authority of he Negotiable 
 councils shall be signed by the presidents of the common and notes: how- 
 select councils respectively, and a record thereof shall be made ex 
 
 by the treasurer of the city, showing the name of the payee, 
 amount and the date of execution and maturity. 
 
 3. Whenever the presidents of the councils, or either of 
 
 10 
 
74 
 
 MARKETS. 
 
 dnt ^ em ' sha ^ be absent fr m the city the duties in this chapter 
 required to be performed by them shall be discharged by the 
 vice-presidents of the councils respectively. 
 
 4. Every bond or other evidence of debt issued in the name 
 of the city shall be numbered by the city treasurer, and he 
 shall keep a record showing said number, the name of the 
 party to whom issued, and on what account and the date of 
 issue and maturity thereof, and he shall also make a detailed 
 record in like manner of all transfers of bonds made by him. 
 
 of president 
 
 Record of 
 bonds to be 
 made by 
 treasurer 
 
 CHAPTER XXI. 
 
 Lights. 
 
 1. The joint committee of the councils on light shall have 
 the general supervision of the lighting of the streets of the 
 c ^ an( ^ P u ^^ c buildings, under the orders of the councils, 
 the subject and shall from time to time seek proposals and submit to the 
 contractiffor councils for their approval contracts for furnishing the lights 
 the councils required, either by the use of gas, electricity, or otherwise, as 
 the councils may direct. If the contract be for gas, it shall 
 nfihedatrate P rov i^ e f r a S 00 ^ an ^ constant light at the rate of four feet 
 of four feet per hour ; and in all cases the contractor shall be required to 
 per hour light and extinguish the lamps and keep the apparatus and 
 iight r andex- fixtures clean and in good order at his own cost, 
 tinguish lamps 3. jf from the negligence or fault of any contractor, his 
 servants or agents, any lamp or lamps or apparatus employed 
 for giving forth the light shall not be lighted when the same 
 ought to be done, according to the terms of the contract, then 
 the contractor shall be subject to a fine per lamp for the time 
 the same may not be lighted, during the night, ratably with 
 the compensation per lamp allowed him by the contract. 
 
 3. When gas is used for lighting, the several policemen, in 
 going their rounds, shall relight any gas lamp that may have 
 been extinguished from any cause, and make report of the 
 
 report ^aine to same to the chief of police. 
 
 4. If any person shall break, take down, deface or injure 
 any pillar or lamp, or break the glass or any part of the same 
 or in any wise injure or break the tubos or burners of any 
 lamp belonging to the city or any contractor or extinguish the 
 light therein, he shall for every such offense pay a fine of five 
 dollars, one-half of which shall go to the informer; and it 
 shall be the special duty of the police to prosecute for viola - 
 tions of this section. 
 
 case of negli 
 in lighting 
 lamp 
 
 Policemen to 
 re -light extin 
 ruished gas 
 
 chief 
 
 Penalty for 
 breaking 
 lamps or in- 
 juring same 
 
 CHAPTER XXII. 
 
 Markets. 
 
 Market days l. Every day in the week (Sunday excepted) shall be a pub- 
 
 ma d rkS itsof lie market day within the city, and the limits of the market 
 
 shall be follows : Beginning at the lower end of Campbell's 
 
 wharf and the lower end of Newton's wharf and running 
 
MARKETS. 75 
 
 from thence to the south end of the market-house ; from 
 thence, including both sides of the market-house and Union 
 street, to Main street; thence along the south side of Main 
 street to Bank street crossing, and thence westerly along the 
 north side of Main street to the limits of the city. The west 
 side-walk of market square, as far as is necessary, shall be re- 
 served for fish carts, and fish may be sold in boats at Camp- 
 bell's wharf, and from stands at the foot of the market. 
 
 2. The stalls in the market-house shall be appropriated ex- stalls to be 
 clusively for the use and occupancy of butchers and provision ers d &c and*" 
 dealers for the sale of butchers' meats and provisions, at an rented annual- 
 annual rent of not less than one hundred and fifty dollars for a^essr^un 
 the year, or any price which the councils may assess in Decem- December 
 ber of each year. 
 
 3. The collector shall, on the first Monday in January The collector 
 annually, expose for rent at public auction all the stalls within to expose for 
 the market-house, and collect the rent for the same; but in auction; on 
 no case shall any stall be rented at a less price than the mini- what terma 
 num price fixed by the councils. The collector shall annually 
 
 collect the rent on said stalls, but in no case shall any stall be 
 rented at less than the minimum price fixed in the preceding 
 section ; and the possession of any stall shall be forfeited if 
 allowed to remain unoccupied for ten consecutive days without 
 reasonable excuse to the market committee. Payment in all 
 cases shall be made for the whole year in advance by the 
 renter to the collector, or quarterly in advance, by giving 
 satisfactory security to the collector for the remainder of the 
 year. No renter shall occupy more than two stalls at the 
 same time, nor shall he be permitted to re-rent the same to 
 any other person ; but if any renter shall not desire to use his 
 stall it shall be surrendered to the city, and shall be rented 
 out by the collector as prescribed in this section. 
 
 4. It shall be the duty of the clerk, at all times, to prevent of clerk 
 idle and disorderly persons from frequenting the market-house, to U prevent r 
 and any person who may be found sitting or sleeping within ^5 J persons'" 
 the said market-house, or upon the stalls or benches, shall pay from frequent 
 a fine of one dollar for every such offence. And the clerk is h n ^S?&S?~ 
 hereby authorized to summon the police to aid him in support "Jf^J^J^gt 
 of his authority, who shall obey such summons, under the EfnUn support 
 penalty of two dollars for every neglect to aid him, 
 
 required. Any person who shall interfere with the clerk or 
 
 police in the discharge of their duties under this ordinance 
 
 shall pay a fine of not less than two nor more than ten D U t y O f clerk 
 
 dollars. ^ nave m ar- 
 
 5. It shall be the duty of the clerk to have the market- and closed and 
 
 house opened and closed, and properly cleansed every day in 
 the week (Sundays excepted). He shall prevent all unsound 
 and unwholesome provisions from being sold, or offered for Sn sSS! 
 
 sale with the limits of the market, by seizing the same 
 taking such order in relation thereto as shall be directed by touching 
 any two respectable housekeepers who may examine the same ; JJ^f {^f ' for 
 he shall also decide all differences and disputes that may arise selling 
 touching the weights and measures of things bought and sold ^ c nte 
 
76 MARKETS. 
 
 within the market Any person selling or exposing for sale 
 
 tainted or unwholesome meats or provisions of any kind shall 
 
 pay a fine of not less than one nor more than twenty dollars. 
 cierk shall ex- 6. The clerk shall examine all fish, oysters and crabs; and 
 oTsters fi and if the same > in nis opinion, be tainted, he shall order them 
 crabs to be forthwith removed out of the limits of the city ; and any 
 
 person having such articles, who shall fail to obey such order, 
 
 shall pay a fine of five dollars. 
 Private mar- 7. No person shall sell or expose for sale in any store, pri- 
 
 vate marketer other place, any tainted or unsound meats, fish, 
 
 or provisions of any kind. 
 
 Any person violating the provisions of this section shall be 
 
 fined not less than five nor more than twenty dollars. 
 
 8. The market hours of the market shall be as follows 
 
 Market hours . m , . t * i i i 11 T 
 
 prescribed YIZ : lo begin at daylight in the morning and end at 12 M., 
 
 JrovKbr 5 except on Saturdays, on which days the market hours shall 
 
 sale of fresh begin at daylight and end at 10 o'clock P.M., between the first 
 
 SmSty U1 iy day of April and the first day of October ; and shall begin at 
 
 daylight and end at 9 o'clock P.M. from the first day of Octo- 
 
 ber to the first day of April. Provided, however, that nothing 
 
 in this ordinance shall prevent the sale of fresh fish within the 
 
 limits assigned for that purpose on Sunday morning 
 
 as late as nine o'clock. Any butcher or other person or 
 
 persons offending herein, on being found at market after mar- 
 
 ket hours aforesaid, shall pay a fine of not less than two nor 
 
 more than twenty dollars. 
 
 9. All persons selling or exposing for sale produce of any 
 sons selling in kind, within the limits of the market, except the venders of 
 pSd k by hSck! fisll > ancl tne ren ters of fixed stalls, shall pay to the clerk of 
 stersand ven- the market, for the use of the city, the sum of ten cents for 
 pena?t f y fl foV eacn ^J > an d if sa id produce be brought within the said 
 contrar fls to ^ m ^ s i n carts, there shall be paid ten cents for each cart, and 
 this provision; if in wagons, fifteen cents for each wagon. Each proprietor 
 of X oysters- ers of a huckster stand shall pay twenty-five cents per day. 
 penalty " Every person exposing for sale fish within the limits of the 
 
 market, shall pay the sum of twenty-five cents for each day; 
 and if the fish be brought and exposed for sale in carts, for 
 each cart there shall be paid twenty-five cents, and if in 
 wagons, for each wagon load, forty cents ; and any person re- 
 fusing to pay as aforesaid, when called upon by the clerk, shall 
 pay a fine of nor less than two dollars nor more than twenty 
 dollars. 
 
 The occupants of the arks at Campbell's wharf, who buy 
 and sell oysters, shall pay to the clerk of the market for the 
 use of the city 4 a daily tax of fifty cents, und any such occu- 
 pant refusing to pay the same, when called upon by the clerk 
 to do so, shall pay a fine of not less than two nor more than 
 
 Penalty for five dollars. 
 
 10. No person shall post any post-bills against any part of 
 
 or hitching , -, i i r i -A i i 
 
 horses to any the market-house, nor hitch any horse, mule or other animal 
 no^veSock et to anv P 08 ^ or fixture thereof, under a penalty of not less tiian 
 to be retained five nor more than ten dollars for such offense. No butcher 
 aft?r a purchase or other person shall retain within the limits of the market 
 
MARKETS. 77 
 
 space any live bullock, ox, cow, calf, sheep, hog or other cattle 
 after the same shall have been purchased by him. 
 
 11. All bullocks, oxen, cows or other cattle brought to mar- HOW Hve stock 
 ket for sale, shall be exposed for sale on the northwestern sidek^t^ta^on 
 of Market square; and the person bringing the same shall same ' penalty 
 pay for each bullock, ox or cow the sum of twenty cents, and 
 
 for each live hog, sheep or calf, the sum of five cents, to the 
 clerk of the market, under a penalty of not less than one nor 
 more than five dollars. 
 
 12. If any person shall injure or deface any part of the J^^j^ ^ 
 market-house, or any appendage thereto, such person shall any part of " 
 pay a fine of five dollars. the market 
 
 13. All blocks, benches, tubs or other things used in the Blocks, ben - 
 market for the accommodation of butchers or other persons, j*JJ ^ithln be 
 
 whilst occupying their stalls, shall be placed and kept within stalls; noai- 
 the limits of the stalls by them severally occupied. If any made to ^ai? ; 
 person shall violate this provision, or if any person shall makeP enalt y 
 any alteration whatever to his stall, so as to injure or destroy 
 the uniform appearance of the stalls (without first obtaining 
 the unanimous consent of the market committee), he shall 
 pay a fine of ten dollars. 
 
 14. No huckster or other person shall occupy more space cierk to assign 
 than that assigned to him by the clerk of the market. No gjgj & c hl $S 
 huckster or shipper, or his agent, shall sell or expose for sale a t*uch nl face 11 
 any article or commodity whatever, in any part of the market tnd^haS not 
 space, other than the stall occupied by him ; and no huckster ^^ "JJSJS!: 
 or shipper, resident or non-resident, or his agent, shall buy toty; proviso iu 
 sell again any article which may be brought for sale, within safeoTflsh! 
 the limits of the market, under a penalty in either offense of .j^ rs and 
 
 a forfeiture of the article so offered for sale or bought, and a 
 fine of ten dollars. Provided, however, that hucksters or 
 persons selling fish, oysters or crabs, may have a place other 
 than their stalls assigned them by the clerk. 
 
 15. All provisions of every kind sold by weight or measure HOW provis- 
 shall be weighed or measured by weights and measures duly Jons joid^by 
 regulated and stamped by the sealer of the city; and if any measure shall 
 person shall be guilty of selling by weights and measures not Jjf ea ^r2a d or 
 regulated and stamped as aforesaid, or by scales falsely bal- bulky articles 
 anced, he shall forfeit such measures and scales, and pay the S a at pmbSc ffh " 
 sum of five dollars for ever such offense. And hogs, quarters scales 
 
 of beef, and other bulky articles, may be weighed in the public 
 scales in the market. 
 
 16. If any person shall offer for sale in the market any p en aity for 
 oysters, between the first day of May and the first day of seiiing^oysteri 
 September, he shall pay one dollar for every quart of opened betwe Ten 6 May 
 oysters, and one dollar for every peck of oysters in the shell J|t a or for*'' 
 so exposed for sale. No oysters shall be opened at any time opening them 
 within the limits of the market (except on "Campbell's wharf), any^Sme** 
 under a penalty of five dollars for each offense. 
 
 17. Every butcher or other person holding a stall shall keep Butchers, &c., 
 his stall and limits clean and in good order, under a penalty j^iSSSiV* 
 
 i* r t it n /! i Keep siaiis, 
 
 oi nve dollars tor every failure so to do. &c., in good 
 
 18. No butcher nor his agent shall cut or expose for sale order; penalty 
 
78 
 
 MARKETS. 
 
 or expose for 
 
 urf e ? 
 penalty 
 
 i^uire 
 have his own 
 
 8t f afi8 doining 
 
 cierk to assign 
 
 ad!ofnin n g a mar- 
 ket to persons 
 
 ducef&c, P for 
 sale : penalty 
 
 otey a cierk 
 
 cierk's salary 
 sion C mrms ~ 
 
 weigher of 
 S a be appoint 8 - 
 
 and duties 6 - 8 
 penaities ' 
 
 sale of ash 
 hours 8 
 
 P art of the market > other than his stall, any beef, pork 
 mutton, veal or lamb, nnder the penalty of five dollars for the 
 first offense, and forfeiture of his stall for the second offense. 
 
 19. Each butcher shall have and use his own scales and 
 wei ghts, which shall be displayed in some conspicuous place 
 in front of or at the side of his stall, under the penalty of five 
 ^o^ars for each offense; provided that it shall be lawful for 
 an y two but chers having adjoining stalls to have and use one 
 set of scales and weights in common; and provided also, that 
 such scales shall be suspended in a conspicuous place between 
 their stalls, and that each of the said butchers shall be respon- 
 sible for the correctness of such scales and weights. 
 
 20. No person shall occupy any part of the street or market 
 P lace at or near the marke t for the purpose of exposing for 
 sale any garden produce or other thing, other than such part 
 of the same as shall be assigned and set apart for that purpose 
 by the clerk of the market ; and if any person shall occupy 
 any part of the street or market space for the purpose afore- 
 said, such person, on being required by the clerk to remove, 
 and neglecting so to do immediately, shall pay a fine of five 
 dollars for each offense; and if any person shall neglect or 
 refuse to obey the directions of the clerk respecting the 
 arrangement or removal of any article, cart, wagon, or other 
 thing, in the market or street adjoining, every person so neg- 
 lecting or refusing shall pay a fine of five dollars, and more- 
 over shall be expelled from the market by the clerk. 
 
 21. The clerk shall be entitled to a salary of four hundred 
 and fifty dollars per annum, payable monthly, and also a com- 
 mission of ten per centum upon all taxes collected 
 by him under this ordinance, which commission may be allow- 
 ed him by the treasurer in his settlements. 
 
 22. There shall be appointed by the councils annually, at 
 their first meeting in July, or as soon thereafter as practicable, 
 a wei gher at the market scales, who shall receive as a com- 
 pensation for his services two cents for every hundred pounds 
 of anything that may be weighed by him, or a like sum for 
 any fractional part of one hundred pounds. He shall keep 
 the scales in order, and attend strictly to them, and be under 
 control of the market committee ; and whenever he shall be 
 sick or unable to attend, the authority to appoint a substitute 
 shall be vested in the chairman of the said market committee. 
 If he fail to keep the scales in good order he shall pay a fine 
 of five dollars for every day he shall so fail. 
 
 3. It shall be unlawful for any person to expose fresh fish 
 for sale upon any public street, square or lane, or in or upon 
 any vacant lot of land within the corporate limits of the city, 
 after the expiration of the regular market hours provided in 
 the ordinance concerning markets, excepting only live fish sold 
 from boats in the county dock ; and the provisions of this sec- 
 tion shall apply to the sale from stands, or by huckstering 
 fresh fish, in or upon the grounds belonging to Norfolk county, 
 lying south of Water street and west of Commercial street, 
 said grounds being within the limits of the city. Any person 
 
NUISANCES. 79 
 
 violating any of the provisions of this section shall 
 pay a penalty of ten dollars for each offense. And the mayor places where 
 shall have authority to designate where and in what manner J^*^ 
 fish may be sold after 12 o'clock M. noon 
 
 24. If any person shall be convicted of any offense against G e e I J 1 a e 1 J al 
 this ordinance, such offender shall thereafter be prohibited 
 from selling in the market, under the penalty of five dollars 
 
 for every day or part of a day he shall be there for the purpose 
 aforesaid, unless such person shall, after conviction, obtain 
 permission from the councils. 
 
 25. The clerk of the market shall, on the first and fifteenth Clerk of mar- 
 day of each month, make a report to the city treasurer of all dJtaned 1 * 15 
 his collections, showing in detail the number and kind of carts JJ^tions 11 ' 8 
 and wagons and number of hucksters and all other persons semf-aimuaiiv 
 and subjects from which taxes and fees are collected by him ; 
 
 and he shall promptly pay over to the treasurer the amount 
 due the city ; and he shall also furnish a duplicate of said 
 report to the auditor at the same time. The penalty for a 
 a violation of this section shall be twenty dollars for each 
 offense. 
 
 CHAPTER XXIII. 
 
 Nuisances. 
 
 Sec. 1. The inspector of streets shall and may enter into inspector may 
 and examine any building, privy or premises which he may JJJJ^ famine 
 know, or be informed, is in a state of nuisance, and direct the into nuisance 
 cleansing and abating of all nuisances about the same, and if 
 any person shall obstruct the inspector in the discharge of this 
 duty, or shall refuse to abate any such nuisance when ordered 
 so to do, he shall pay a fine of five dollars, and a further fine 
 of five dollars for every day such nuisance shall remain after 
 such order to remove it. 
 
 2. No person shall keep on his premises any offensive mat- penalty for 
 ter or thing whatever, under the penalty of five dollars for nuisance 
 ever day such matter or thing shall remain after notice from 
 
 the inspector to remove or destroy the same. 
 
 3. Any person who shall remove or transport night soil or Removal of 
 any excrementitious matter, except the same shall be removed ni ^ ht 8o11 
 or transported by means of some air-tight apparatus, pneu- 
 
 matic, or other odorless process so as to prevent the same from 
 being agitated or exposed in the open air during said process 
 of removal and transportation, shall be fined not less than 
 five nor more than twenty dollars. 
 
 4. It shall be unlawful for any person to permit any pigeons, pigeons ex- 
 except carrier pigeons, to fly at large within the limits of the eluded from 
 city, and for any violation of this ordinance, which it is hereby 
 
 made the duty of the police to report, the owner or occupant 
 of the lot or premises upon which such pigeons are kept or 
 permitted to harbor shall be subjected to a fine of five dol- 
 lars, and a further fine of two dollars each day thereafter until 
 the nuisance be abated. 
 
80 NUISANCES. 
 
 ke P t in s cit y be 5> No P er son shall keep a hog within the limits of the city, 
 
 and any one so offending shall be liable to and pay a fine of 
 
 two dollars for every hog so kept, one-half of which fine shall 
 
 go to the informer; and moreover it shall be the duty of the 
 
 may seizehog i ns P ec ^ or ' dll & policemen, and the right of any other citizen, to 
 
 and deliver seize such hog and deliver it to the keeper of the almshouse, 
 
 ofaimshoiSe r w ^ sna11 sel1 tne same, and after deducting expenses, and the 
 
 said fine of two dollars, he shall pay to the person who seized 
 
 the same (other than the inspector) one-half of the balance of 
 
 the sales, and the other half to the treasurer. 
 
 **' ~k T person shall, between the hours of five o'clock A. M., 
 and eight o'clock P. M., swim or bathe in the waters of the 
 Elizabeth river, or its branches, within the limits of the city, 
 unless properly clothed. Any person violating this section 
 shall pay a fine of three dollars. 
 
 7. Any person found begging in any of the streets of the 
 city shall incur a fine of two dollars for each offense, and in 
 default of the payment thereof, shall be imprisoned for not 
 less than ten days. 
 
 Drunkenness 8. Any person who shall be found drunk, or who shall be 
 l 
 
 found guilty of disorderly conduct, or who shall commit a 
 breach of the peace, or any nuisance within the limits of the 
 city, shall be fined not less than one nor more than twenty 
 dollars. 
 
 Throwing 9. If any person shall throw any stone, brick or other missile 
 
 n^sffesf ther i n an y street, lane or square in the city, such person shall pay 
 for every such offense the sum of two dollars, and the amount 
 of damages occasioned by the throwing of such missile, to be 
 recovered by warrant before the mayor or any justice of the 
 peace of the city. 
 
 Digging holes 10. If any person shall dig any hole, wherein any rain or 
 
 in lots filth may settle, or a nuisance may be created, upon any lot 
 
 owned or occupied by him, he shall pay a fine of two dollars, 
 
 and a further fine of one dollar for every day such nuisance 
 
 may remain after notice from the inspector to abate the same. 
 
 Making bricks 11. No person shall dig pits for the making of bricks, or 
 
 sheiiTinthc burn bricks or shells, within the limits of the city; and any 
 
 cit ? one so offending shall pay a fine of twenty dollars, and the 
 
 additional fine of ten dollars for every day he shall continue 
 
 to make or burn bricks or shells. 
 
 Casting refuse 12. No person shall cast or cause to flow any swill or other 
 streets or the re ^ use ma tter into any street or lane, or transport through any 
 transporting street or lane, any swill or other liquid refuse matter, except 
 Srered 18 not in a covere( l water tight vessel ; and any one so offending shall 
 
 pay a fine of two dollars in each case. 
 
 water closets 13. It shall not be lawful for any builder, contractor, or 
 workman, or other person, to introduce a water-closet into any 
 dwelling or other building, unless the house and drain pipes 
 from such closets shall conduct the contents into a sewer 
 discharging into tide-water, or into water-tight sinks, which, if 
 built of bricks, shall be laid in hydraulic cement, to prevent 
 the escape of vitiated fluids into the earth. Any person guilty 
 
NUISANCES. 81 
 
 'of a violation hereof shall pay a fine of five dollars per day, 
 so long as the nuisance shall remain. 
 
 14. No person shall carry or use within the limits of the city, 
 or of either of the cemeteries, any sling made for throwing 
 shot, stones or other missiles. Every person violating the pro- 
 visions of this section shall pay a fine of not less than two nor 
 more than twenty dollars, together with the amount of the 
 damage, if any, caused by throwing such missile. 
 
 15. No person shall throw grape hulls or the rind of any grape hulls or 
 fruit or vegetable upon any of the sidewalks of the city. waiks n 
 Every person violating this section shall pay a fine of not less 
 
 than two nor more than five dollars. 
 
 16. Whenever it shall be alleged by any two residents, or by Dilapidated or 
 the engineer or inspector, upon complaint to the mayor, that bu?idtngf how 
 any building chimney or wall of any kind, hath become dan- removed ' 
 gerous to citizens, or to adjoining property, by dilapidation or 
 otherwise, the mayor shall have the owner thereof, or his agent, 
 summoned before him, and upon proof that the said building, 
 chimney or wall, or any part thereof, is dangerous, as aforesaid, 
 
 shall order the said owner or his agent, to remove or repair the 
 same, or so much thereof as is dangerous. And if such order 
 be not obeyed within a reasonable time, to be fixed by the mayor 
 in his order, he shall direct the inspector or engineer to cause 
 such removal or repairs to be made forthwith, at the expense 
 of the city ; but the cost thereof shall be repaid to the city by the 
 owner of said property, together with 20 per centum for damages. 
 
 17. Every person who shall maliciously, wantonly or care- Marking or 
 lessly mark with chalk or daub with paint, cut, break, or or houaesaSi 
 otherwise injure, or deface any fence, wall, post, lamp-post, J^ r cio t U8 
 lamp or lantern, tree, tree-box, house or other building, or side- posts, trees, 
 walk, in or upon any of the streets, lanes or public squares buildings ' etc 
 of the city, shall pay a fine of not less than five nor more than 
 
 twenty dollars. 
 
 18. The inspector shall remove any obstruction or nuisance JemovenuS- 
 in a street, gutter or alley, at the expense of the person causing ance at cost of 
 it, which expense he shall certify to the collector, who, if it be th 
 
 not forthwith paid, shall institute proceedings for the recovery 
 of the same. 
 
 19. If any person shall, within the limits of this city, keep 
 a house of ill-fame or assignation, resorted to for the purpose 
 of prostitution or lewdness, such person shall be fined not less 
 than five nor more than twenty dollars. 
 
 20. If any person keeping a saloon, concert hall, bar-room, D] Sso i u t e 
 
 or other place of public entertainment, within the limits of females not to 
 this city, employ or harbor in such place any female of loose ?nSjSms or 
 or doubtful character, or encourage, permit or allow any hide- P ublic houses 
 cency or licentiousness of act. manner, dress or conversation 
 in said place, such person shall be fined not less than five nor 
 more than twenty dollars ; and any person guilty of such 
 indecency or licentiousness, or any disturbance of the peace, 
 shall be fined not less than five nor more than twenty dollars. Horses and 
 
 21. It shall not be lawful for any person to sell or offer for mules not to 
 sale, at public auction, any horses or mnles on any of the pub- tionon streets 
 
 11 
 
OFFICERS OF THE CITY. 
 
 Immoderate 
 driving on 
 streets 
 
 Horses and 
 
 Flying kites 
 
 Keeping more 
 than two cows 
 in one lot ; 
 beof cattle 
 excepted 
 
 lio streets, squares or lanes of the city, Any person violating 
 this ordinance shall pay a fine of ten dollars. 
 
 22. Any person who shall ride a horse, or drive any carriage 
 or vehicle at an immoderate gait on the streets, shall, for every 
 such offence, pay a fine of not less than five nor more than twenty 
 dollars; and if any person shall ride or drive, turning the 
 corner of any street, otherwise than in a walk, he shall pay a 
 fine of three dollars for every offence. 
 
 23. No horse and cart, or horse and other vehicle, shall be 
 left standing in any street or lane of the city by the owner or 
 
 ing on streets^ driver thereof, and no horse shall be fed on any street or lane 
 of the city, under the penalty of two dollars for every such 
 offence. But this shall not apply to horses fed at the market 
 during market hours. 
 
 24. No person shall raise or fly any kite within the limits 
 of the city south of Scott street, under a penalty of two dollars 
 for every such offence. 
 
 25. No person shall keep more than two cows at one and 
 the same time in any lot or enclosure, or upon any parcel of 
 ground of at least twenty-five feet wide and eighty feet deep, 
 within the limits of the city. But this section shall not apply 
 to beef cattle brought into the city for sale and impounded in 
 a lot kept for that purpose. Any person violating this section 
 shall pay a fine of five dollars for each offence. 
 
 CHAPTER XXIV. 
 
 Officers of the City. 
 
 Sec. 1. The first meeting of the councils after their election 
 shall be held on the first day of July, or as soon thereafter as 
 to elect city practicable. On such day, after their separate organization, 
 the select and common councils shall assemble in joint session, 
 a quorum of each body being present, and proceed to elect or 
 appoint the officers required by any law or ordinance of the 
 officers to be c jty to be elected by the councils, viz : 
 
 The city engineer, biennially. 
 
 The auditor, biennially. 
 
 The janitor of the city hall, annually. 
 
 The messenger to the councils, annually. 
 
 The inspectors and measurers of grain, &c., annually. 
 
 The weigher at the market scales, annually. 
 
 The weigher at the platform scales on Roanoke Square, 
 
 annually. 
 
 The custodian of Christ Church clock, annually. 
 
 The street sewer and drain commissioners, biennially. 
 
 The water commissioners, biennially. 
 
 The fire commissioners and the chief and assistant engineers 
 of the fire department, biennially. 
 
 The board of health, biennially. 
 
 The justices of the peace, biennially. 
 
 The high constable, biennially. 
 
 The keeper of Calvary cemetery, biennially. 
 
 chosen 
 
OFFICERS OF THE CITY. 83 
 
 2. Every person elected or appointed to any office shall 
 
 his office for and during the term provided by law or ordinance, Successors 
 and until his successor shall be lawfully appointed and quali- JJSmea 1 and 
 fied, 
 
 3. In case of the removal of the president of either branch ^Jcm v^ice -^ 
 of the councils, or of his death, resignation, absence from the councils to act 
 city, or inability to discharge the powers and duties of the as P resident8 
 said office, the same shall devolve on the vice-president. 
 
 Salaries. 
 
 4. The several officers hereinafter named shall be entitled to 
 receive the following salaries, per annum, payable monthly out 
 of the city treasury, viz : 
 
 The judge of the corporation court, $3,000. 
 
 The mayor, $1,600. 
 
 The treasurer, $1,600. 
 
 The commissioner of the revenue, $800 in addition to his fees 
 
 The city engineer, $2,000 and fees not exceeding $500. 
 
 The auditor, $800. 
 
 The city attorney, $720. 
 
 The inspector of streets, $800. 
 
 The clerk of the market, $450 and ten per cent, of the 
 amount of his collections. 
 
 The health officer, $540. 
 
 The keeper of the almshouse, $640. 
 
 The keeper of the cemeteries, $800. 
 
 The keeper of Calvary cemetery, $400. 
 
 The superintendent of public schools, $540. 
 
 The janitor of the city hall, $720. 
 
 The messenger to the councils, $600. 
 
 The mayor's clerk, $300. 
 
 The custodian of Christ Church clock, $75. 
 The street sewer and drain commissioners 
 
 The president, $500. 
 
 The treasurer, $500. 
 
 The secretary, $1,000. 
 
 The clerk in the city treasurer's office, $680. 
 
 The police justice, in addition to the fees of his office, $300. 
 
 Bonds of City Officers. 
 
 5. The several city officers hereinafter named shall give Bonds with 
 bonds with sufficient sureties, to the city of Norfolk, in the ^cunty to be 
 penal sums following, to-wit : officers 
 
 The city treasurer, $50,000. 
 
 IJhe commissioner of the revenue, $10,000. 
 
 T^e city engineer, $5,000. 
 
 The collector of city taxes and levies, $50,000. 
 
 1"he auditor, $5,000. 
 
 The inspector of streets, $1,000. 
 
 The clerk of the market, $2,000. 
 
 The keeper of the almshouse, $3,000. 
 
 The keeper of cemeteries, $1,000. 
 
84 OFFICERS OF THE CITY. 
 
 The keeper of Calvary cemetery, $500. 
 The weigher of hay, $1,000. 
 The wood measurer, $500. 
 The sealer of weights and measures, $1,000. 
 The ganger of liquors, $1,000. 
 
 Street, sewer and drain commissioners, each, $10,000. 
 Treasurer of the water hoard, $10,000. 
 Sinking fund commissioners, each, $5,000. 
 
 Bonds to be All officers of the city required to give bond (except when 
 ten d drys h af ter ^ ^ s otherwise provided) shall file the same in the office of the 
 appointment treasurer of the city, within ten days after receiving notice of 
 
 their appointment. 
 
 Condition of 6. The hond given hy each officer shall contain a condition 
 
 that he will faithfully discharge the duties of his office, and 
 
 Sureties to be the form thereof shall he such as the city attorney shall 
 
 councils approve ; and the sureties on each bond and the bond itself 
 
 shall be approved by the councils. 
 
 city officers 7. It shall not be lawful for the collector of the city, the 
 city Securities treasurer of the city, or any member of the finance committee 
 of the select or common councils, either directly or indirectly, 
 to purchase or sell any of the bonds, certificates of interest or 
 other securities issued by the city of Norfolk, under a penalty 
 of one hundred dollars for each violation of this ordinance, 
 one-half of said sum to go to the informer. 
 
 The Mayor. 
 
 Powers of the 8. The mayor shall, in addition to the duties imposed on 
 
 him by law or by the ordinances of the city, be specially 
 
 required to enforce obedience to the ordinances of the city. 
 Mayor's fees 9. The mayor shall demand and receive for the use of the 
 the Sty" 8 ' f city, for all official acts as hereinafter mentioned, the following 
 
 fees: 
 
 For each bill of health to accompany vessels on foreign 
 
 voyages $4 00 
 
 For each bill of health for a vessel on a coasting or 
 
 inland voyage 2 00 
 
 For each certificate of the execution of a deed or power 
 of attorney to be sent within the United States 
 (except when otherwise directed by the laws of the 
 state) 2 00 
 
 For each certificate of the execution of a deed or a 
 
 power of attorney to be sent abroad 4 00 
 
 For all official acts not under the seal of the mayor the 
 following fees to- wit : 
 
 For each warrant in debt, detinue, trover and conversion 
 or case, or for the penalty imposed by law or ordi- 
 nance 25 
 
 For judgment or final decision thereon. . 25 
 
 For each warrant to apprehend a seaman deserting from 
 
 a vessel 2 00 
 
 For each warrant against a tavern or private boarding- 
 house keeper selling liquor of any kind to, or credit- 
 
OFFICERS OF THE CITY. 85 
 
 ing or harboring such seaman 1 00 
 
 For each warrant against a seaman neglecting to render 
 
 himself on board a vessel according to agreement .... 2 00 
 For each warrant to commit a seaman to prison who 
 
 refuses to proceed on a foreign voyage 2 00 
 
 For each warrant against a seaman for absenting him- 
 self from his vessel 2 00 
 
 For each notice of the time and place of taking a depo- 
 sition under the act of Congress 1 00 
 
 For each deposition so taken 3 00 
 
 Provided that no fees shall be allowed in cases of 
 felony or paupers or vagrants, nor shall fees be re- 
 quired for any service in preparing or authenticating 
 documents of a public nature. 
 
 On application made to the mayor to hold a survey on 
 goods damaged or vessels damaged or in distress, he 
 may appoint by warrant, under his hand, discreet 
 and respectable merchants, carpenters and masters of 
 vessels, to hold such survey, and to demand therefor, 
 
 for the use of the city .... f 5 00 
 
 For each warrant not hereinbefore taxed 1 00 
 
 For judgment thereon 1 00 
 
 For an affidavit 25 
 
 For a certificate or attestation of any special matter 50 
 
 For a summons for a witness 15 
 
 For administering every oath 15 
 
 For a certificate of admiralty process for seamen's 
 
 wages 2 00 
 
 For a mittimus not hereinbefore taxed 50 
 
 For affixing the seal of the mayorality where no tax has 
 
 been hereinbefore imposed. 2 00 
 
 10. The seal commonly called the seal of mayoralty shall seal to remain 
 remain in the custody of the mayor, and be by him put and jjj a y^ t0(iy of 
 affixed to all such instruments as he shall be requested to affix m 
 
 the same to, and as are usually certified under such seal. 
 
 11. The mayor shall keep his office in the city hall, and it Mayor's office 
 shall be open for business between the hours of nine A. M. and J^ 1 " 8 at city 
 one P. M. of each day (Sundays exeepted), and at such other 
 
 times as he may deem necessary. 
 
 Cleric to the Mayor. 
 
 12. The clerk to the mayor shall be paid a salary of twenty- c 
 
 r -i n .LI i j i i 111 Salary to be 
 
 five dollars per month, provided, however, that no salary shall paid when 
 be paid unless he perform the duties of his office regularly, may^Tponce 
 faithfully and intelligibly; and that such services are certified justice, &c 
 to by the mayor, the presiding justice of the police court and 
 board of police commissioners. 
 
 City Attorney. Attorney for 
 
 the city to 
 
 13. It shall be the duty of the attorney for the city to pre- JJJtruments 
 pare all bonds, contracts, deeds and instruments of writing and appear for 
 whatsoever k which may be required by any ordinance or order sufta lty m aU 
 
OFFICERS OF THE CITY. 
 
 and the 
 officers 
 
 Salary and 
 fees 
 
 Councils to 
 elect auditor 
 
 Oath and 
 bond 
 
 Duties of 
 auditor to ex- 
 amine ac- 
 counts of all 
 city officers 
 and report to 
 the councils 
 
 Shall specially 
 report any 
 neglect of 
 duty 
 
 Duties 
 
 of the councils ; to commence and prosecute all suits, which 
 at his instance or otherwise, shall be directed; and fco defend 
 the city in all suits, which may be brought against it, or against 
 any officer or agent, which may involve or affect its interests, 
 whether the said suits be conducted in or out of the city ; to 
 attend to any warrant or other proceeding before the mayor or 
 any court of the city, touching any claim or right of the city ; 
 to furnish the councils and their committees with his opinion, 
 ^ 11 writing, on any subject which they may submit to him, and 
 to give assistance and advice touching their duties to the 
 committees of the councils and the officers of the city when 
 they shall apply to him. and to render to the city such other 
 professional services as the councils may require of him. 
 
 14. The attorney for the city shall pay to the treasurer all 
 moneys of the city received by him, and shall be allowed a 
 salary of seven hundred and twenty dollars per annum, which 
 shall be in full for all services rendered by him, and he shall 
 be entitled to no further fee or emolument whatever by virtue 
 of his office, but the necessary traveling expenses incurred by 
 him in the performance of the duties of his said office, shall 
 be paid to him by the treasurer, after being certified to 
 and approved by the councils ; and he shall be entitled to such 
 attorney's tax fees as shall be recovered against and paid by 
 any party other than the city in any suit to which the city may 
 be a party ; and to demand and receive of any grantee in any 
 deed, to be prepared by him, and executed by the proper 
 authorities of the city for the sale, or for the restoration of 
 any land sold by the city for delinquent taxes, an appropriate 
 fee for such service, not exceeding in any case five dollars. 
 
 Auditor. 
 
 15. The councils shall, at their first meeting in July, eight- 
 teen hundred and eighty-five, and biennially thereafter, in 
 joint session, appoint an auditor of city accounts, who 
 shall take the usual oaths of office and enter into bond, with 
 sufficient sureties to be approved by the councils, in the pen- 
 alty of five thousand dollars, with condition for the faithful 
 discharge of the duties of his office. 
 
 16. It shall be the duty of the auditor to examine and audit 
 the accounts of all the officers of the city who in any manner 
 or on any account receive or disburse money belonging to the 
 ci.ty or in which the city may have an interest. He shall make 
 reports to the councils monthly, showing the true condition 
 of the accounts of the several officers of the city, who receive 
 or disburse money, naming each officer and stating the amounts 
 received and disbursed and the balances ; and shall specially 
 report to the councils any neglect or inefficiency or improper 
 conduct of any such officers, that may be brought to his 
 notice. 
 
 Custodian of Christ Church Clock 
 
 17. The custodian of the Christ Church clock shall see that 
 the same is kept in good order and that the time is correct 
 
OFFICERS OF THE CITY. 87 
 
 according to the standard in use and generally observed in 
 the city, being that of the seventy-fifth meridian. 
 
 Collector of City Taxes and Levies. 
 
 18. The collector of city taxes and levies shall after his election collector to 
 
 i j-i i T< j-i take oath and 
 
 or appointment, as the case may be, qualify in the same man- g i ve bond 
 ner and take the same oath that is prescribed for sheriff under 
 the laws of the state ; and give bond and security, to be ap- 
 proved by the councils, in the sum of fifty thousand dollars, 
 conditioned for the faithful performance of the duties of his 
 office. 
 
 19. The collector shall collect for the city all moneys due eJiilcttax^s 
 for taxes and levies ; and for assessments for paving and other debts and 
 purposes ; and also the rents on tho Town Point lots and theolty 8 ' 
 other lands belonging to the city, and he may attach or 
 distrain for the same, proceeding in the manner required 
 
 by law ; and for the collection of assessments for paving 
 streets, opening streets and other purposes, the collector is power f h 
 hereby vested with all the powers which are now, or may here- iff tested 8 in. er ~ 
 after be vested in a sheriff or collector, of the State taxes for collector to 
 the collection of said State taxes; he shall rent out the market rent out mar- 
 stalls and vegetable stands; and prosecute all persons who sell ^prosecute 
 goods without having paid the tax imposed, or sell at auction dealers selling 
 without license. uSSS? 
 
 20. The collector shall annually, in the month of July, pre- Collector to 
 pare all books required for conducting the business of 
 
 office, and provide the necessary bills from time to time as may property of 
 be required, said books and bills to be paid for by the treas- 
 urer of the city, and the said books shall contain full and 
 accurate statements of all moneys received by the collector, 
 and all books or documents belonging to or used in the office 
 of the collector shall be the property and records of the city, 
 and shall be at all times subject to the inspection and exami- 
 nation of the mayor and councils. 
 
 21. The collector shall 011 each and every Saturday after- Collector to 
 noon, at or before the hour of 2 P. M., render to the treasurer to^Sire? 8 
 a return of all money he shall have collected, and from what every satur- 
 source, and pay the amount to the treasurer, taking his receipt 
 therefor; also, once in every month, an abstract showing the 
 
 sums received by him for rents of the Town Point and other 
 lands, the names of the lessees, and the amounts and names 
 of those in arrear. The collector, in making his weekly 
 return, shall specify in the same the amount of cash received, 
 and from whom, and the amount of certificates or other 
 vouchers received in payment of taxes and from whom. 
 
 22. The collector may appoint a deputy, who may be re- collector may 
 moved by him or by the councils. The deputy may discharge ^puty* 
 
 any of the duties of the collector, but the collector and his 
 sureties shall be liable for any act of the said deputy. 
 
 23 In the event of the death of the collector or his disqual- 
 ification from any cause, and after the appointment of his 
 successor, the legal representatives of such deceased or dis- 
 
88 
 
 OFFICERS OF THE CITY. 
 
 Council to fix 
 
 C ettien?ent ion 
 of collector's 
 
 couecti t ons nd 
 when made 
 
 deatffai? un- qualified collector, as the case may be, shall transfer to the 
 C9iiected tax treasurer all the uncollected tax bills and levies which were 
 returned e to ^ n his hands at the time of his death or disqualification, the 
 the treasurer amount of which bills and levies the treasurer is authorized 
 to place to the credit of such deceased or disqualified collector. 
 Provided that nothing herein contained shall release from 
 responsibility the securities of such deceased or disqualified 
 collector for any amount of such tax bills which may have 
 been paid to or collected by such deceased or disqualified col- 
 lector, or his deputy, or which may have been lost through 
 his neglect. 
 
 24. The collector shall receive for his compensation such 
 ^ ees an( ^ commissions as may be allowed by the councils. And 
 he shall, within twenty days after the expiration of ten months 
 from the time the copy of the commission or of revenue's roll 
 shall have been delivered to him, settle his account of the 
 taxes therein mentioned with the treasurer, under the super- 
 vision of the committee on finance, and all other taxes, asses- 
 ments, dues, rents and levies which ought to have been collec- 
 ted ; and if the collector shall have been unable to collect any 
 part of said taxes by reason of the insolvency of any of the pjer- 
 sons owing the same, or other good cause, he shall on oath deliver 
 a list of all such insolvents, delinquents and all other tax 
 returns uncollected, to the treasurer, to be laid before the 
 councils, and if approved, he shall be credited with the amount 
 thereof, or so much as may be approved. If any taxes 
 mentioned in the commissioner of the revenue's roll book shall 
 not be collected and paid to the treasurer by the collector for 
 ten months and twenty days after the same shall have been 
 delivered to him, he and the sureties on his bond shall be an- 
 swerable for the same, except such as may be credited to him 
 as before mentioned, and his bond shall be put in suit by the 
 treasurer and the city attorney. And the collector and his 
 sureties on his bond shall be likewise reponsible for all other 
 taxes or levies not collected and paid over by him, which he is 
 or may be required by law to collect. 
 
 25. When the rolls of the commissioner of the revenue 
 have been P^ced in the hands of the collector, he shall give 
 public notice thereof in all the daily newspapers published in 
 the city, annually, on such day as the councils shall designate 
 and for thirty days thereafter; and shall also state in such 
 notice the provisions of the ordinance then in force relating 
 to the prompt payment of taxes. He shall attend at his office 
 daily, between the hours of 9 A.M. and 6 P.M., during the 
 period of thirty days as aforesaid, for the purpose of receiving 
 taxes from any person charged therewith. 
 
 26. For a failure to perform any duty required by this chap- 
 ter, the collector shall pay a fine of not less than twenty 
 nor more than one hundred dollars. 
 
 Commissioner of the Revenue, 
 
 Same commis- 
 
 sioner of reve- 27. The commissioner of the revenue elected as such for 
 anlc?ty state the commonwealth, under the charter of the city or any act 
 
 Public notice 
 
 collection and 
 must be"paid 
 
 form duties 
 
OFFICERS OF THE CITY. 89 
 
 of Assembly, shall be also the commissioner of the revenue 
 
 for the city. Before entering upon his duties he shall take Oath and bond 
 
 the usual oaths of office and enter into bond in the penalty of tn 
 
 ten thousand dollars, with sufficient securities, to be approved 
 
 by the councils, with condition that he will faithfully discharge 
 
 the duties of his office. He may appoint one or more deputies, 
 
 at his own expense, but he shall be liable to the city on his 
 
 official bond for the acts of his deputies. 
 
 28. The commissioner shall apply for the official books and Must apply 
 papers of his predecessor, to the person in possession thereof, predecessor' 
 who shall deliver the same on such application ; and the com- 
 missioner shall inform himself, by an application to the clerk 
 
 of the court, if any alterations shall have been made therein ; 
 such person failing or refusing to deliver such books upon refSafto r 
 such application, shall pay a fine of not less than twenty dol- deliver 
 lars for everyday that he shall so refuse after such application, 
 
 29. The commissioner shall proceed annually, on the first " 8 eenfcT n 
 day of February, to make the assessments of all persons and shall be made 
 property subject to taxation by the ordinances of the councils, in 
 
 the same manner and form as required by the revenue laws of 
 the commonwealth of Virginia; and he shall record the said 
 assessments upon separate rolls or books of assessment for the ro5is15!S ent 
 city, making two complete copies thereof which he shall deliver book8 
 to the treasurer of the city on or before the first day ol July. 
 
 The treasurer shall keep one of said copies of the assessment Treasurer to^ 
 rolls in his office, and the other he shall deliver to the collector defive^one^o 
 of city taxes and levies, taking his receipt therefor. collector 
 
 30. If the commissioner of the revenue shall fail to deliver Penalty for 
 to the treasurer of the city the copies of assessment rolls or Oliver books 
 books, on the day mentioned in the proceeding section, he shall Jf^f 1 ** 
 pay a fine of ten dollars for every day thereafter that he shall 
 
 so fail to complete and deliver the said rolls or books to the 
 treasurer as aforesaid. 
 
 31. The commissioner shall annually ascertain all persons commissioner 
 in the city who are engaged in any business, calling or profes- 
 
 sion prohibited without license by law, and who ought to obtain for city 
 
 licenses; and it shall be the duty of every person so engaged, 
 
 or desiring to engage in such business, calling or profession, to 
 
 apply to the commissioner ; but the commissioner shall assess 
 
 with or without application, and it shall be the duty of the 
 
 commissioner to deliver to every such person a certificate of the 
 
 license to be obtained and the amount of tax to be paid by him. 
 
 The commissioner shall commence his assessments of such 
 
 licenses as expire on the thirtieth day of April at such time ft s ever to 
 
 will enable him to complete his assessments, and deliver to the collector by 
 
 collector a list thereof, on or before the first day of May. May ls 
 
 32. Every certificate granting authority to engage in or Form of 
 exercise any business, employment or profession, unless expressly 1( 
 authorized elsewhere otherwise, shall designate the place of 
 busincss,em ploy ment or profession at some specified house or defi- 
 nite place within the city ; and any person engaging in or exer- 
 cising any such business, employment or profession elsewhere 
 
 than at such house or definite place, unless expressly author- 
 
 12 
 
90 OFFICERS OF THE CITY. 
 
 ized elsewhere otherwise by law, shall be held to be 
 without a license. A license to an auctioneer, in addition to 
 the place named in the license, may authorize a sale within the 
 city for another person, at any place at which such other per- 
 son is authorized to sell. Every certificate shall be produced 
 to the collector, and his receipt for the tax written on the cer- 
 tificate shall be deemed a sufficient license to the person to 
 whom the same has been issued. 
 
 when expire 33. All licenses, except such as are otherwise provided for 
 by any ordinance of the city, shall expire on the thirtieth day 
 of April, and if any license which expires on the thirtieth day 
 of April be granted for a less time than one year, the tax thereon 
 shall bear such proportion to the whole annual tax as the space 
 of time between the granting of the same and the thirtieth day 
 of April ensuing bears to a full year. For every certificate 
 delivered by the commissioner to a person desiring, or who 
 ought to obtain a license, the commissioner shall be entited to 
 a "^ ee ^ seven ty"fi ve cents, to be paid by the person to whom 
 the certificate is delivered, and he shall receive a fee of seventy- 
 five cents for a transfer of a license, to be paid by the person 
 obtaining such transfer, 
 commissioner 34. The commissioner shall, on or before the twenty-fourth 
 monthly re- ^ & J ^ evei T month, return to the treasurer of the city a list 
 ports of of all certificates for licenses issued by him, with the dates, 
 Sourer names of parties, business and amount of taxes assessed ; and 
 the commissioner shall deliver to the collector, -at intervals not 
 exceeding fifteen days, lists of all persons to whom he has 
 delivered certificates subsequent to the first day of May. 
 Penalty for , 35. If any person shall wilfully give to the commissioner 
 HsYs^prop- a ^ se l* s ^ ^ P ersons or property subject to taxation, or make 
 erty or making any false statement concerning his business which may be the 
 Sent t? te subject of a license tax, or shall refuse to give such informa- 
 commissioner tion to the commissioner as may be necessary to enable him to 
 make the proper assessment, such person shall pay a fine of not 
 less than five nor more than twenty dollars. 
 
 Penalty for 36. If the commissioner shall fail to perform any of the 
 Suty re duties of his office, or shall knowingly make a false or erro- 
 
 neous entry on any of his books, he shall pay a line of not less 
 than five nor more than twenty dollars for every day he shall 
 so fail, or for every such false or erroneous entry. 
 
 Salary 37, The salary of the commissioner of the revenue shall be 
 
 eight hundred dollars per annum, in addition to the fees of his 
 office, as prescribed by law or ordinance, payable monthly, 
 provided that his salary shall cease after the first day of July, 
 in case he does not complete his roll at the time required by 
 law or ordinance, unless the time for completing the same 
 shall be extended by the councils. 
 
 Coroner. 
 
 coroner to ^ 38. Whenever the coroner shall present any bill to the 
 Statement of councils for the fee allowed him by law for holding an inquest 
 Section with an( ^ P ei 'f rm i n g an autopsy on any dead body, he shall submit 
 his services to the councils the name of the deceased person and a state- 
 
OFFICERS OF THE CITY. 91 
 
 ment of the circumstances which induced him to believe that j2S n a 
 the death was caused by .violence ; and shall further certify councils 
 under oath that the estate of said decedent is insolvent and Sl^e ttS 
 that lie cannot recover his fee from the. same. thatdece- 
 
 If the coroner shall fail to submit the statement as aforesaid ? 8 e insohSSt e 
 his claim shall not be allowed. F a\d"? th?s b <fr 
 
 City Engineer. SfeffidVjl 
 
 39. The councils at their first meeting in July, 1884, or as En >neer 
 soon thereafter as practicable, and every two years thereafter, whelfefected, 
 shall appoint an engineer of the city, who shall be a citizen of termandbond 
 Virginia, mid shall hold his office for two years and until his 
 successor is appointed or he be removed. He shall give bond, 
 
 with one or more sureties, approved by the councils, in the 
 sum of five thousand dollars, with condition that he shall 
 faithfully perform all the duties of his office; and that he will 
 not directly or indirectly, for himself or others, or by others 
 in trust for him, or on his account, have any interest in any 
 purchase, lease, contract or agreement made by the city. 
 
 40. No person shall be eligible to the office of city en- To bo exam . 
 gineer until he shall have been certified to be competent, after ined before 
 examination by a board of three competent engineers to beJJSSi **** 
 designated by the street committee and the presidents of the 
 councils. The expenses of the board of examiners shall be Expense of 
 paid by the city. Provided, that any person who has passed a > 5J d ' how 
 such an examination and served as engineer for the city shall 
 
 be eligible for re-election without further examination. 
 
 41. The city engineer shall make all such surveys, plans Engineer to 
 and estimates as shall be required of him by the councils and make surveys 
 the board of street, sewer and drain commissioners. It shall ^ e required 
 be his duty, under the direction and control of the board of andduties 
 street, sewer and drain commissioners, to superintend the 
 
 general state of the streets, lanes, squares, culverts, and drains, 
 
 and the laying out and repairs of the same. He shall have Office with 
 
 an office with the board and attend daily at the same at stated board of s., s. 
 
 hours, except when leave of absence may be granted him by and D ' comrs - 
 
 the board, and keep a record of all his proceedings. And he 
 
 shall generally discharge such duties appertaining to his office 
 
 as may be required of him by the councils. 
 
 42. When the services of the engineer are needed by any 
 citizen to make any survey or define the lines of any lot, or to S 
 give levels, grades, diagrams, etc., application for such services 
 shall be made at the office of the board and entered in a book 
 kept for the purpose. And the board shall establish reason- Feea 
 able rates of compensation for such services to be paid to the 
 engineer for his use by the party for whose benefit the same 
 may be rendered. But when the aggregate amount of such 
 fees shall exceed the sum of five hundred dollars in any year, 
 the excess shall be paid by the engineer into the city treasury. 
 
 43. No person shall erect any building, bounded by any of penalty for 
 the public streets or highways, on his ground, unless the same f^^Sn 
 be previously laid out by the engineer, nor in any other man- an^8treet e 
 ner than he, with the inspector,' shall direct. Any person unless line 
 
92 
 
 OFFICERS OF THE CITY. 
 
 inspector 
 Salary 
 
 nuaiiy in 
 
 Duties 
 
 To keep city 
 hall and 
 grounds in 
 good order 
 
 Salary 
 
 Duties of 
 messenger 
 
 To be found 
 al treasurer's 
 office 
 
 Salary 
 
 Treasurer's 
 duty as clerk 
 of common 
 council 
 
 Treasurer in 
 charge of city 
 real estate 
 
 Treasurer 
 to keep \ 
 accounts of 
 city 
 
 violating the provisions of this section shall pay a fine of not 
 less than five nor more than twenty dollars. 
 
 44. The salary of the city engineer shall be two thousand 
 dollars per annum, in addition to the fees allowed him under 
 the forty-second section of this chapter. 
 
 Janitor of the City Hall. 
 
 45. The councils shall in joint session, at their first meeting 
 July annually, appoint a janitor of the city hall, whose 
 
 duty it shall be to have the care of the city hall and the 
 grounds in the square containing the same. He shall keep 
 the building and its several apartments and the said public 
 square in a neat and cleanly condition, and prevent all depre- 
 dations upon the same, and shall generally perform all the 
 duties appertaining to the office of a janitor. 
 
 He shall receive for his compensation the sum of sixty dol- 
 lars per month, and may be suspended or removed at the 
 pleasure of the councils. 
 
 Messenger to the Councils. 
 
 46. The councils may elect at their first meeting in July 
 or as soon thereafter as practicable, a messenger to the coun- 
 cils, who shall hold his office for the term of one year, or un- 
 til his successor is elected and has qualified. He shall be in 
 attendance at all the meetings of the councils. He shall sum- 
 mon the councils and all their committees, and shall perform 
 such other duties in attendance upon the councils as may be 
 required of him by the presidents of the councils. His office 
 shall be with the treasurer of the city, where he shall be found 
 during business hours, except when otherwise officially en- 
 gaged, and he shall be a messenger for the treasurer on city 
 businsss and shall be ex-officio janitor of the treasurer's office. 
 His salary shall be at the rate of fifty dollars per month. 
 
 Treasurer. 
 
 47. It shall be the duty of the treasurer or his assistant to 
 attend every meeting of the common council, and as the clerk 
 of the said council, to enter into its journal the proceedings 
 thereof. The treasurer shall keep the said journal safely, 
 receive and take into his charge and keeping all the records, 
 papers, title deeds, bonds or evidences of debt, except his own 
 bond of office (which shall be deposited in the clerk's office of 
 the corporation court) transcribe in a book regularly, in the 
 order in which they may pass, all ordinances of the councils, 
 and keep an index of the same, and also an index of his jour- 
 nal. The treasurer shall also take charge of the real estate 
 belonging to the city, and report all encroachments thereon to 
 the councils. 
 
 48. The treasurer shall keep a regular set of books, by way 
 of double entry, in which shall be kept an account of all 
 moneys received and paid out. He shall cause to be opened as 
 many accounts, under. appropriate titles, as may be necessary to 
 
POLICE DEPARTMENT. 93 
 
 show, distinctly and separately, the expenditures and receipts 
 upon each important object, and on the thirtieth day of June 
 in every year he shall transfer the balances to a new account, 
 to be annually opened by him on the first day of July, and 
 shall exhibit semi-annually an account of his receipts and 
 expenditures, together with his bank book, his return cross Audit . or * 
 
 -. . , , 111 -i examine the 
 
 checks, and the vouchers whereon such checks were drawn, treasurer's 
 which account shall be examined by the Auditor, under the accout8 
 direction of the finance committee. 
 
 49. The treasurer shall furnish to the collector accounts of Treasurer to 
 all moneys due to the city; and upon default in the payment J^tjfand 
 of any such money shall direct suits to be commenced, and claims due 
 moreover, shall report all such delinquencies to the councils. handsof in 
 
 50. The treasurer shall receive all moneys belonging to the collector 
 citv, and shall deposit the same in such bank at Norfolk as Treasurer to 
 
 ., V , i ,, receive city 
 
 the councils may direct, in the name of the city, and shall funds and 
 draw checks for the same; and he is hereby directed to make ^Sbf 11 In 
 no payment but by check on the bank. And the treasurer 
 is hereby further directed to keep a bank book, which shall 
 contain regular entries of all moneys by him deposited, and of 
 all checks by him drawn, with the names of the persons in 
 whose favor, and the account for which the same may be 
 drawn. 
 
 51. The treasurer, before he shall commence the duties of Treasurers 
 his office, shall enter into an obligation, with good and suffi- official bond 
 cient securities, to be approved by the councils, in the penal 
 
 sum of fifty thousand dollars, with the condition for the faith- 
 ful performance of the duties of his office. 
 
 52. The office of the treasurer shall be open every day (Sun- Offlce hours 
 days, the fourth of July, and Christmas day excepted) from 
 
 ten o'clock in the morning until three in the afternoon. 
 
 53. In all cases where any person is indebted to the city, and Howbmsare 
 such person has a claim against the city, the treasurer shall paid when city 
 deduct the amount due to the city from such claim, and pay hass< 
 
 the balance only, if any, 
 
 54. The duties of the treasurer as clerk of the common Treasurer 
 council may, with the consent of that body, be performed by m ayhaveas- 
 the assistant or clerk in the treasurer's office, as his deputy ; a*? clerk oT 
 but the treasurer shall be responsible for all of the acts of {^c^Isent* 11 
 his said assistant or deputy acting as such clerk. 
 
 CHAPTEE XXV. 
 
 Police Department. 
 
 1. The police department of the city of Norfolk shall until police com- 
 the first day of July, 1886, and until the successors of &e JJggg^^ 
 present police commissioners shall have been elected and named 
 qualified in accordance with the fifty-fifth section of the char- 
 ter of said city, be under the control and management of a 
 board of commissioners, composed of the mayor of said city 
 and of Washington Taylor and Robert Y. Zachary, two elec- 
 tors of said city, who have been duly elected such police com- 
 
94 
 
 POLICE DEPARTMENT. 
 
 Quorum 
 
 Number of 
 policemen 
 authorized 
 
 How vacan 
 cies filled 
 
 Oath of chief 
 and police 
 
 missioners by the common council of said city, to continue in 
 office until the first day of July, eighteen hundred and eighty- 
 Term of office six, and until their successors are elected and qualified; and 
 hereafter the said police department shall be under the control 
 and management of a board of police commissioners to be 
 composed of the mayor, hereafter to be elected, and of two 
 electors of said city who shall be elected biennially according 
 to the provisions of the fifty-sixth section of the charter of 
 the said city, any two of the police commissioners to form a 
 quorum for the transaction of any business. 
 
 2. There shall not be more than forty-three policemen, turn- 
 keys and patrolmen, including sergeants, but excluding the 
 chief of police and such other assistasts and officers as the 
 board of police commissioners may deem necessary, as author- 
 ized by the fifty-eighth section of the charter. All vacancies 
 occurring among them shall be filled by the board or by a 
 quorum thereof: but when a vacancy shall occur in the office 
 of chief of police, or any of his assistants, the board of po- 
 lice commissioners, or a quorum thereof, shall, with the ap- 
 proval of the city councils, appoint his successor. 
 
 3. The chief of police, his assistants and officers, and the 
 policemen, before entering upon their duties shall take an oath, 
 to be administered by any Justice of the Peace in and for said 
 city, faithfully to perform their respective duties, and they 
 shall also subscribe the same in a book to be kept for that 
 purpose by the clerk of the common council ; and each of 
 them shall be entitled to have issued to him upon such election 
 or appointment and qualification, a warrant of appointment 
 
 appointment signed by the president of the board and countersigned by the 
 clerk of the common council. Failure, from any cause on 
 the part of the president of the board or of the clerk of the 
 common council, to sign or countersign such warrant, or to 
 promptly deliver the same to the person named in it as the ap- 
 pointe.e, shall be deemed misconduct, which the board of po- 
 lice commissioners or a quorum thereof shall report to the 
 city councils. 
 
 4. The chief of police, his assistants and officers, at such 
 ^ mes as ^ e ^ oar( l f police commissioners may order, shall 
 
 t attend at the police station, and at the court held by the 
 co S urt ustice>S justice of the peace whom the councils may from time to 
 to time designate as the justice, to hold the police court: and 
 they may also, with the consent of a quorum of the board 
 attend such court, as, under the city charter, the mayor may 
 hold, and at such times as the regulations of the board may 
 require. The chief shall report to the mayor, and to the 
 board of police commissioners, neglect or violation of duty on 
 the part of any officer or man in the police force, and he shall 
 also make daily entries, in the record of police proceedings or 
 Chief to report other book kept for the purpose, of all matters pertaining or 
 ^ relating to the police department that he may deem material 
 
 or w hich may be required by the regulations of the board ; and 
 he shall be the custodian of such book, and of all the books 
 of the police department, until a majority of the board shall 
 
 Warrants of 
 
 Duty of chief 
 and assistant 
 
 record; 
 
POLICE DEPARTMENT. 95 
 
 order otherwise. If any person shall hereafter take or with- 
 hold any such book or record from him, or from the board, 
 against the orders of the chief of police, or of a quorum of 
 the board, he shall be promptly reported to the councils for 
 their action thereon. The chief of police, his assistants and 
 officers, and the policemen, shall promptly obey all orders 
 issued to them in the line of their duty, by the mayor, pro- Orders of the 
 vided the orders of the mayor do not conflict with the rules, orders mayor 
 or regulations of the board of police commissioners then in force. 
 
 5. In case of the temporary inability, or absence of t ne ^tant h shaii 
 chief of police, the assistant chief shall, at the instance of the act as chief 
 chief or of the board, take his place for the time ; and the 
 
 police commissioners, or such acting chief, may designate one 
 of the sergeants to take the place temporarily of such assist- 
 ant chief. 
 
 6. The board of police commissioners shall, in addition to substitutes^ 
 the regular police force hereinbefore authorized and referred edTthei? u 
 to, employ other persons, who shall be qualified to serve asP^ er8and 
 policemen for the time being, and the persons so added shall 
 
 be denominated substitutes ; and in case of the absence or 
 sickness of any of the regular established policemen, it shall 
 be the duty of the chief of police to supply their places with 
 the substitutes ; and such substitutes, when on duty, shall be 
 vested with the same powers, be subject to the same regula- 
 tions and orders, and be entitled to the like pay, as the regular 
 policemen ; and the board, or a quorum thereof, is further 
 authorized to employ so many of the said substitutes, in addi- 
 tion to the regular force, as they shall from time to time deem 
 proper ; arid all such substitutes shall be entitled to receive the 
 pay of the policemen for whom they are thus temporarily sub- 
 stituted ; provided a majority of the commissioners shall cer- In times of 
 tify it to be due them. Additional policemen, in times of ex- exigency 
 igency, may be appointed by the board of police commissioners, increa'self ' 
 or by a quororn thereof, in conformity with the fifty ninth sec- 
 tion of the city charter. 
 
 7. The chief of police shall be paid three dollars per day, p jj{ c f the 
 and his assistants shall each be paid two dollars and seventy- 
 five cents per day, and each of the sergeants shall be paid two 
 dollars and fifty cents per day, and every policeman for each 
 
 day shall be paid two dollars (that is, in every case, for a day 
 of service; and all such payments to be made semi-monthly 
 by the treasurer, on the certificate of any two of the police 
 commissioners, audited by the city auditor. 
 
 No member of the police force shall receive any other com- NO other 
 pensation for his services on the police force, nor as informer, anowed Satl n 
 from the city or any person. Nor shall any member of the 
 police force accept any gift, or fee from any person for the per- 
 formance of any duty connected with his position. 
 
 8. The police commissioners may arm the police force of HOW armed 
 the city in such manner as they may think proper to preserve 
 
 the peace. 
 
 9. In % the case of any policemen that may be killed, wounded 
 or otherwise disabled, while in the act of discharging his duty, 
 
96 RAILROADS. 
 
 men 3 kuSdor an( * as a consequence thereof, the board will submit a clear 
 disabled history of the affair or matter to the councils, with appropriate 
 dispatch, for such special action thereon as the councils may, 
 at their option, decide to take. 
 
 Private 10. The board of police commissioners shall have authority 
 
 may'b^com- to confer, in their discretion, upon any person employed to 
 po?iSmen as P a * ro ^ or protect private property and preserve order, the 
 privilege of acting as conservator of the peace and apprehend- 
 ing all disorderly or riotous persons and all persons lurking 
 about in a suspicious manner, and detain them until they can 
 be surrendered to a roundsman of the police force of the city, 
 or until they can be taken before the proper authority. 
 
 The board of police commissioners shall issue to all parties 
 so privileged a commission signed by the mayor as president 
 of said board and shall furnish such parties with a whistle and 
 appropriate badges at their expense. 
 
 Uniform not 11. Any person other than a member of the police depart- 
 others' rorn by men ^ wno shall publicly use such badges and uniforms as the 
 board of police commissioners have prescribed or may pre- 
 scribe for the use of such members, or shall make use of the 
 whistles, calls, or other modes of signaling that are used by 
 the police department, shall pay a fine of not less than five 
 nor more than twenty dollars. 
 
 ^' ^ n * s orc ^ nance nas ^ een adopted for the purpose of 
 providing for the establishment of a capital police force in the 
 cerning police c ^y o f Norfolk. It shall commence and be in force from the 
 passage thereof, and all ordinances, or parts of ordinances, and 
 all resolutions, or parts of resolutions, coming within the pur- 
 view of this ordinance, heretofore passed or adopted at any 
 time, shall be and are hereby repealed, whether the same were 
 passed by the common council of the borough of Norfolk, or 
 by the common and select councils of the city of Norfolk. 
 
 CHAPTER XXVI. 
 
 Railroads. 
 
 The ordinances of the councils granting the right of way, 
 Western through the streets of the city, to certain railroad companies 
 are as follows : 
 
 Norfolk and Western Railroad Company. 
 
 The franchise enjoyed by this company was granted by 
 the city to the Norfolk and Petersburg railroad company 
 which has been merged into the former; and can be found on 
 the record of the common council January 2Gfh 1*57, as 
 follows: 
 
 r<<- of streets Resolved, " That the Norfolk and Petersburg railroad com- 
 
 Norftli'l- and P anv > ^ e ani ^ ^ ne J are hereby authorized and granted the right 
 
 Petersburg and privilege to enter upon, and lay the track of their road in 
 
 any and upon such of the streets of this city as the directors 
 
 of said company may deem fit, proper aud prescribe, for their 
 
RAILROADS. 97 
 
 use and purposes either in the loading or unloading of cars as 
 well as the transit of cars, engines and trains, on the express 
 condition however that the speed of their cars, engines or 
 trains shall not within the limits of the city exceed a rate of 
 five miles per hour. 
 
 Sept. 2, 1873: Resolved, That the A. M. & 0. R. R. Co. be Matthews 
 allowed the privilege to run their track on Matthews s!reet streot 
 from Wide Water to Main and on the western extremity of 
 Main street so as to connect with Chamberlaine's wharf, on 
 the same terms as the cqmpany was allowed the said privilege 
 on Water street. 
 
 Sept. 14, 1874: Petition A., M. & 0. 11. R Co. asking per- 
 mission to place switch leading to the Baltimore wharf, was 
 referred to street committee with power to act. 
 
 Norfolk City Railroad Company. 
 
 1. It shall be lawful for the Norfolk City railroad company Co. 
 
 to use the streets of the city of Norfolk for the purpose ofiine?? Saeof 
 
 laying out, equipping, maintaining and operating with horse j^reets^ 
 
 or mule power, single or double track railroad in the said 
 
 city in manner and form, and subject to the conditions of 
 
 their Act of Incorporation, passed January the fourth, one 
 
 thousand, eight hundred and sixty-six, and subject also to the 
 
 conditions and provisions hereinafter named. The said com- Ori * mal * rant 
 
 pany shall lay the said track throughout the northern portion 
 
 of Church street to Main street, and from Main street, at its 
 
 intersection with Church street, to Granby street; and shall 
 
 further have hereby the acquiescence of the city councils in 
 
 continuing the construction of said road up Granby street, 
 
 and through and upon such other streets of the city as it may 
 
 be deemed desirable and necessary to occupy. Franchise ex- 
 
 2. For the period of five years from the first day of January, yearsfrom 
 1884, the said railroad company may use the streets of the Jan. i, 1884 
 city of Norfolk, subject to the conditions and provisions of the 
 charter of the said company, and the ordinances of the city, 
 
 upon the payment to the collector of citv taxes of the sum of 
 twenty-five dollars per car, for each and every car run upon conditions 
 the streets of the city during the year 1884, or any part and terms im- 
 thereof, and upon the payment during the succeeding four pc 
 years of such sums as shall be annually assessed by the coun- 
 cils of the city for the franchise so enjoyed, upon the express 
 condition that the said railroad company shall during the said 
 period be operated and run regularly so as to promote and 
 subserve the public convenience and comfort, and upon the HOW track 
 further conditions that the track shall be constructed of &e 
 same style of rails and kept at the same gauge as at present, 
 that the fare charged shall not exceed five cents for each 
 passenger, and that the said company shall keep the railroad Companyto 
 track and that part of the street on which it is laid in good repair 
 repair. 
 
 3. In order to determine whether the conditions of the pre- 
 ceding section are performed, the councils may at any time 
 
 13 
 
98 RAILROADS. 
 
 mine whether re( l uire tne ci ty attorney to bring the matter before the judge 
 conditions are of the Corporation court of the city of Norfolk, and if the 
 performed court shall decide against the railroad company, the right to 
 use the streets shall cease. 
 
 4. The use of the streets by the Norfolk City railroad corn- 
 Use of streets P an y a ^ er ^ ne P assa e f this ordinance shall be considered 
 8 an acceptance of its terms and conditions, and it is further 
 wn C dSioSs e0f P rovided that the araount annually collected from the said 
 railroad company shall be paid into the treasury of the city to 
 Tax paid to be b e applied to the purchase and maintenance of a park and to 
 dedicated to a no other purpose whatever. 
 In force May 13th, 1884. 
 
 AN ORDINANCE 
 
 Imposing a tax upon the Norfolk City railroad company for the 
 year commencing May 1, 1885. 
 
 1. Be it ordained by the common and select councils, that 
 ^ or *^ e y ear commenc i n g May 1, 1885, the amount to be as- 
 sessed upon and collected from the Norfolk City railroad com- 
 pany, for the franchise granted to said company, under the 
 ordinance passed May 13, 1884, shall be five hundred dollars. 
 
 2. That so much of the ordinance imposing license taxes 
 for 1885, as is inconsistent with this ordinance is hereby 
 repealed. 
 
 3. This ordinance shall be in force from its passage. 
 C. C. June 2, 1885. 
 
 S. C. June 9, 1885. 
 
 Norfolk and Brambleton Railroad Company. 
 AN ORDINANCE 
 
 To grant certain privileges to the Norfolk and Brambleton railroad 
 
 company. 
 
 1. It shall be lawful for the Norfolk and Brambleton rail- 
 Norfolk and road company to use that portion of Queen street lying east of 
 I r R m co et n Church street in the city of Norfolk, for the purpose of laying 
 Use of Queen out, equipping, maintaining and operating with horse or mule 
 
 power, a single or double track railroad, subject to the condi- 
 tion of their act of incorporation, and subject also to the con- 
 ditions and provisions hereinafter named. 
 
 2. The said company shall use rails of the most approved 
 shanV^/aid pattern, and shall lay them five feet five inches apart between 
 and how the outer flanges, and shall keep their track and two feet on 
 
 each side thereof in grood repair. 
 
 3. Until the first day of January, 1883, the said Company 
 HOW long used may use said portion of Queen street, subject to the conditions 
 Jan e i, f i883 arge of their charter, and the ordinances of the city, free of the 
 
 payment of any sum for the franchise so enjoyed, upon the 
 express condition that the said railroad shall, from the time of 
 its completion till the said first day of January, 1883, be oper- 
 ated and run regularly so as to promote and subserve the pub- 
 lic convenience and comfort. 
 
SABBATH DAY. 99 
 
 4. In order to determine whether the condition of the pre- 
 ceding section is performed, the councils may at any ti me ^f^ to h e ther 
 require the city attorney to bring the matter before the judge SmditTonli are 
 of the Corporation court of the city of Norfolk, and if the performed 
 court shall decide against the railroad company, the right 
 
 to use the street shall cease. 
 
 5. After the first day of January, 1883, it may be lawful for councils may 
 the councils to require such reason able sum as they may deter- y^^ m " 
 mine to be paid by the said railroad company, for the use of 
 
 the said Queen street thereafter. Nothing herein contained company to 
 shall exempt the said railroad company from keeping in repair ^|P r track In 
 their track and two feet on each side thereof. 
 
 6. The use of the said Queen street by the Norfolk and 
 Brambleton railroad company shall be considered an accept- 
 ance of the terms and conditions imposed by this ordinance. 
 
 7. The rates of fare within the city limits shall not exceed 
 
 five Cents. cents 
 
 8. This ordinance shall be in force from its passage. 
 Passed 0. C. June 5th, 1877. 
 
 Passed S. 0. June 12th, 1877. 
 
 Norfolk and Ocean View Railroad and Hotel Company. 
 
 AN ORDINANCE 
 
 To permit the Ocean View railroad and hotel company to run its 
 tracks and trains through certain streets. 
 
 1. Be it ordained by the select and common councils of the K?^ 
 corporation of the city of Norfolk, that it shall be lawful, and 
 
 the permission of said council is hereby given, for the Norfolk 
 
 and Ocean View railroad and hotel company, to lay the track Use of Henry 
 
 and run the trains of its railroad from the limits of the cor- street granted 
 
 poration, at Henry street, along and through said street to its company to 
 
 intersection with church street ; provided that the said rail- 
 
 road company keep the streets which the road crosses or passes 
 
 through, in good order along the line of said road. 
 
 2. This ordinance shall be in force from and after its pas- 
 je. 
 
 >assed S. C. July 25th, 1879. 
 Passed C. C. July 25th, 1879. 
 
 CHAPTEK XXVII. 
 
 Sabbath Day. 
 I. If any person on the Sabbath day shall be found laboring 
 
 at his own or any other trade or calling, or shall employ 
 apprentices, clerks or servants in labor or other business, except 
 it be in the ordinary household offices of daily necessity, or in 
 other work or duty of necessity or charity, he shall pay a fine 
 of five dollars for every such offense. 
 
 2. If any person on the Sabbath day, or on any part thereof, Bujr j n g r Bel 
 shall keep open his store, shop or cellar, and shall buy or sell Hm? from 
 any article whatsoever, except in cases of sickness, or shall 
 
100 
 
 SCHOOLS. 
 
 or sell at any wharf, or on board of any boat, or on the streets 
 or lanes of the said city, any article whatsoever, except in cases 
 of sickness, such person shall pay a fine of five dollars for 
 every such offense. 
 
 flsh v and n o^- t0 3. Nothing in this chapter shall be construed to prohibit 
 
 ters the sale of fish in the market, or of oysters at any oyster stand 
 
 in the city, on Sunday prior to the hour of nine o'clock A. M. 
 
 Sale of liquors ^' ^ intoxicating drink shall be sold in any bar-room, 
 
 prohibited ordinary, restaurant, hotel, saloon, store, or other place within 
 
 the limits of this city, from twelve o'clock on each and every 
 
 Saturday night of the week until sunrise of the succeeding 
 
 Monday morning; and any person violating this ordinance 
 
 shall, on conviction, be fined not less than ten nor more than 
 
 five hundred dollars, and shall moreover, at the discretion of 
 
 the court, forfeit his license. 
 
 Extract from State law, chapter 83, Acts of 1874 : 
 
 state law " Provided that this law shall not apply to any city haying 
 
 police regulations on this subject, and an ordinance inflicting 
 a penalty equal to the penalty inflicted by this statute." 
 
 CHAPTER XXVIII. 
 
 Schools. 
 
 Two school 
 districts es- 
 tablished and 
 boundaries 
 
 Board to sub- 
 mit annual 
 estimates to 
 councils to 
 make appro- 
 priations 
 
 Treasurer to 
 keep funds 
 separated 
 
 Salary of 
 superin- 
 tendent 
 
 1. There shall be two school districts in the city entitled 
 the eastern and western school districts, which shall be 
 separated by the line commencing at the southern extremity 
 ol Church street at the Elizabeth river, and extending north- 
 wardly to Cove street; thence westwardly to Bank street; 
 thence northwardly to Queen street; thence eastwardly to 
 Cumberland street ; thence in a northwardly direction along 
 the last named street to the city limits. That portion of the 
 city lying to the eastward of the said line shall constitute the 
 eastern district, and that one to the westward the western 
 district. 
 
 2. It shall be the duty of the school board once in each year 
 in January to submit to the councils in writing a classified 
 estimate of what funds will be needed for the proper main- 
 tenance and growth of the public free schools of the city, 
 and to request the councils to make appropriations accordingly, 
 and the amount so estimated shall thereupon be appropri- 
 ated by the councils if the same be within the limit prescribed 
 by law. 
 
 3. The city treasurer shall keep the school fund (both that 
 apportioned by the State and that apportioned by the city) in 
 separate accounts; and the money shall be disbursed only on 
 orders from the city school board. 
 
 4. The city superintendent of schools appointed by the State 
 board of education shall be allowed by the city for his services 
 the sum of six hundred dollars per annum, payable quarterly, 
 from any funds of the city which may be in the hands of the 
 
CITY SMALL SCRIP-SPARROWS AND QTHFE Bli'.U . 101 
 
 treasurer subject to the order of the school board of trustees. 
 
 5. The official care and authority of the school board shall 
 cover all the territory included in the corporate limits of the 
 city. A majority of its members shall constitute a quorum. It 
 
 j! i i i ii.i- i- i? XT i i Limit of au- 
 
 may appoint a clerk, who need not be a member ol the board, thority and 
 It may add to the pay of the clerk from any funds at its disposal g^rd* 8ch o1 
 other than those of the State, and may make by-laws and 
 regulations for its own government and for the management 
 of its official business, provided they do not conflict with the 
 provisions of any act of Assembly. The school board of trus- 
 tees shall have power, and it shall be its duty, to establish and Powers and 
 maintain a general system of public free schools, in accordance duties 
 with the requirements of the constitution and the general 
 educational policy of the commonwealth ; and it is empowered 
 especially to make and carry out regulations for the manage- 
 ment of public free school property and funds in the city ; the 
 location, renting, enlarging, repairing, erection and furnishing 
 of school houses, and the proper care of the same ; the attend- 
 ance of pupils upon the schools ; the providing of indigent 
 children with text books ; the direction of studies ; the methods 
 of teaching and government employed in the schools; the 
 employment, remuneration and dismissal of teachers, and the 
 length of the school term. It shall also have power to estab- 
 lish high and normal schools, as well as those of lower grades. Pupils not 
 
 6. No pupil shall be admitted into the public schools of th 
 
 city unless such pupil has been vaccinated. nated 
 
 7. Pupils shall be admitted into the public schools free of Pupi i stobe 
 charge, and shall be supplied by their parents or guardians JJjJ [f 1 J^J ree 
 with the text books of the schools; and in the event of their fSmisSed 8 in 
 being unable from any cause to be thus supplied, they shall oertain cases 
 be furnished with such books as are necessary at public cost, 
 
 by order of any trustee of the school in which they are pupils. 
 
 8. In each district of the city there shall be one colored colored 
 public school, which shall be under the same superintendent 
 
 and trustees, and be subject to the same laws and ordinances 
 provided for the white public schools. 
 
 CHAPTER XXIX. 
 
 City Small Scrip. 
 
 Concerning city small scrip issued prior to 1865. 
 
 1. Be it ordained that so much of an ordinance, passed Repealing: 
 September 7th, 1865, as authorized the funding of city small authorizing 
 note scrip, then outstanding at the rate of seventy-five cents jjfjj 8 of small 
 on the dollar, be and the same is hereby repealed. 
 Passed C. C. January 9th, 1877. 
 Passed S. C. January 9th, 1877. 
 
 CHAPTER XXX. 
 
 Sparroivs and Other Birds. 
 
 1. It shall not be lawful for any person within the limits of 
 the city to kill, maim or otherwise injure any sparrow or other 
 
102 
 
 STRAYS. 
 
 lots, &c ; 
 
 Unlawful to bird found going at large either within the city limits or cem- 
 eteries, and any person violating this ordinance shall pay a 
 fine of five dollars for each sparrow or other bird so killed, 
 maimed or injured as aforesaid. 
 
 CHAPTER XXXI. 
 
 Strays. 
 
 gz? atarge * ^ an y norses mules, cattle, sheep or goats shall be found 
 not allowed on going at large on any street, lane, court, or any unenclosed 
 or re unenciosed lot or ground within the limits of the city, the owner or man- 
 ager of such animal, when so found, shall forfeit not less than 
 three nor more than twenty dollars, one-half of said fine shall 
 go to the informer and the other half to the city, to be recov- 
 ered by warrant before the mayor or any justice of the peace. 
 gogauarge ^- ^ an y horses, mules, cattle, sheep or goats, so running 
 not allowed on at large, shall enter into any grounds enclosed by a lawful 
 fence, the owner or manager of any such animal or animals 
 shall be liable for every such entry to a fine of not less than 
 five nor more than twenty dollars, to be recovered by warrant 
 before the mayor or any justice of the peace. 
 
 3. It shall be the duty of the constables and policemen, and 
 it shall be lawful for any other person, to take up and convey 
 to the alms-house, or any livery stable, any horses, mules, 
 cattle, sheep or goats found going at large on any street, lane, 
 court or unenclosed lot of ground within the limits of the city, 
 and deliver the same to the keepers as aforesaid, who shall 
 immediately, by notice posted at the foot of the market and 
 in one of the newspapers of the city, advertise the said horses, 
 mules, cattle, sheep or goats, describing them as well as he 
 can, and if within ten days the owner shall pay the said fine, 
 the charges of taking up (which shall be fifty cents), and 
 twenty-five cents per day for each day the said animal or 
 animals shall be at the said alms-house or livery stable, then 
 the said animal or animals shall be restored to the said owner ; 
 otherwise the said keeper shall sell the said animal or animals 
 at public auction, at the foot of the market, and after paying 
 the charges, and one -half of the said fine to the informer or 
 taker-up, he shall pay over the balance of the sales to the 
 treasurer, who, after retaining the other half of the said fine 
 for the use of the city, shall hold the remainder subject to 
 the order of the owner of such animal or animals. 
 
 enclosed 
 grounds ; 
 penalty 
 
 Duty of con- 
 stables and 
 policemen to 
 take up horses 
 &c., going at 
 large; upon 
 what terms 
 same may be 
 returned to 
 owners 
 
 annually 
 
 CHAPTER XXXII. 
 
 Sale of Real Estate for Delinquent Taxes. 
 
 co ^ ec ^ or ^ C ^J taxes and levies shall annually on 
 the first day of September, sell all real estate in the city delin- 
 <3 uen t for non payment of taxes or assessments which remain 
 due and unpaid for two years prior to the first day of July in 
 each year, proceeding in the manner required by law, and 
 
STREETS, SEWERS AND DRAINS. 103 
 
 especially observing the provisions of the city charter, section 
 45 to section 54 inclusive. 
 
 2. The collector shall annually on the first day of July, elector to 
 give public notice by advertisement in two daily newspapers notlce'ln l Juiy 
 published in the city of Norfolk, that the bills for taxes orjgg^jjjjj: 
 assessments upon real estate delinquent for the non-payment ty for sale 
 thereof, have been placed in his hands for final settlement, 
 
 naming the year or years for which such taxes or assessments Treasurer to 
 are due ; and that if said bills, be not paid on or before the first taxes due July 
 day of August next ensuing, he will proceed to advertise the si on deiin- 
 said property for sale at public auction. 
 
 3. The collector shall annually on the thirty-first day of 
 July, deliver to the city treasurer a list of the real estate delin- 
 quent for non-payment of taxes or assessments, to be sold, and state taxes to 
 thereupon the city treasurer shall pay all the taxes due to the t>e refunded 
 State of Virginia on said real estate, and deliver to the collec- 
 tor an account thereof, charging the same on his books to such 
 delinquent real estate. From the proceeds of the sales made Collector to 
 under this chapter the collector shall, in addition to the city AugSst s the n 
 taxes, interest and ten per centum for charges, collect the ^^ of d eiin- 
 amount of said State taxes so paid and pay over the same to 
 
 the city treasurer. 
 
 ^. The collector shall annually on the first day of August, 
 and once a week for three weeks thereafter, advertise in all the 
 newspapers published in the city the real estate delinquent 
 for non-payment of taxes and assessments, for sale, at public 
 auction, for cash, from the steps of the city hall, on the first 
 day of September, describing the said real estate as required 
 by law, and make sale of the same as provided in section 1, 
 for the amount of said taxes or assessments, interest and 
 State taxes, together with ten per centum for charges ; and 
 also the expenses incurred in advertising and selling the said 
 property. 
 
 CHAPTER XXXIII. 
 
 Streets, Sewers and Drains. 
 
 1. There shall be a board of street, sewer and drain commis- 
 sioners, to consist of three electors, to be chosen by the cou 
 
 cils, who shall hold their office for two years, from July 1, 1884, appointed 
 and until their successors are appointed and qualified. 
 
 2. The councils shall designate one of said board as chair- organization 
 man, one as secretary, and one as treasurer ; each of whom, oath ; bond 
 before entering upon the discharge of the duties of his office, 
 
 shall give bond with sureties to be approved by the councils, 
 in the penalty of $10,000. 
 
 3. The board shall manage the affairs relating to the streets, General 
 sewers, drains and public wharves of the city, in such manner powers and 
 as may be provided by the ordinances, or resolutions of the compensatlon 
 councils; and shall be entitled to receive compensation for 
 
104 
 
 STREETS, SEWERS AND DRAINS. 
 
 their services as follows : The chairman shall receive $500 ; 
 the treasurer $500 and the secretary who shall also act as book- 
 keeper of the board, shall receive $1,000 per annum. 
 
 Board to keep 4. The board shall keep a record of their proceedings and 
 books showing the receipts and disbursements of each depart- 
 ment under their supervision, and make detailed reports thereof 
 to the councils annually, or oftener if required. 
 
 5. The board shall annually in January, submit to the 
 councils an estimate in detail of the amounts necessary to be 
 expended in cleaning, repairing and paving the streets and 
 public highways, and also lor keeping in repair the docks and 
 wharves belonging to the city, and for the maintenance and 
 preservation of the sewers and drains, together with all other 
 matters pertaining to their department. 
 
 All monies appropriated by the councils for the improve- 
 ment, construction, maintenance and repairs of streets, sewers, 
 
 tion of board drains, culverts and bridges, in or upon any of the streets or 
 highways, or upon the public wharves and docks, shall be ex- 
 pended under the direction of said board. 
 
 to e be b fnterSt- ^* Members of said board or its agents are prohibited from 
 
 ed in contracts being interested in any way in contracts which may be made, 
 and any bargain, contract or agreement made in violation of 
 this section shall be void as to the city. > 
 
 7. The councils shall appoint a committee to be known as 
 the street sewer and drain committee, whose duty it shall be 
 to examine the books, papers, accounts, contracts, and all other 
 wks of board ma ^ erg p er taining to said board and shall report to the coun- 
 cils. They shall specially report any irregularities in said 
 office, or violation of duties, by any of said board. 
 
 Duty of street 8. The street inspector shall report to said board of street, 
 sewer and drain commissioners and shall perform such duties 
 as they may require of him in accordance with existing ordi- 
 nances governing his office, and under direction of said board, 
 superintend the streets of the city, ascertain all nuisances and 
 cause their abatement. He shall attend the meetings of the 
 board of health as representative of this board, and receive 
 such instructions as the board of health may give in relation 
 to nuisances. 
 
 9 It shall be the duty of the inspector to superintend the 
 cleaning of streets under the direction of the board, and he shall 
 report to the same for prosecution all persons offending against 
 the provisions of these ordinances, and particularly of persons 
 guilty of encroachments on the streets and public drains, and 
 on the channels of the creeks within the city, provided the same 
 is not in conflict with the authority vested in the harbor 
 commissioners in respect to the channels of said creeks. 
 
 Board to 10. The board shall maintain and keep in repair all carts, 
 
 cartsjtoois, &c tools, harness and other implements, purchasing whatever 
 may be needed to efficiently perform the work on the streets. 
 They shall carefully provide for all mules and horses, and 
 shall dispose of any such as may be disabled, replacing same 
 by purchase with any funds appropriated by the councils for 
 such purpose. 
 
 record and 
 report ' 
 councils 
 
 Board to sub 
 mit annual 
 estimates to 
 councils 
 
 Monies to be 
 expended 
 under direc 
 
 Councils to 
 appoint com- 
 mittees to 
 examine 
 
 inspector 
 
 Street clean- 
 ing 
 
 Encroach- 
 ments on 
 streets 
 
STREETS, SEWERS AND DRAINS. 105 
 
 11. The said board is empowered to take all legal steps 
 
 when ordered to do so by the councils, in accordance with ing street 
 existing laws, in regard to the opening of streets and widening, 
 extending, straightening or closing up in whole or in part any 
 of the streets, lanes, alleys, or squares of the city. 
 
 12. Whenever proceedings shall be taken by the councils condemnation 
 looking to the condemnation of lands, and the said commis- of 
 sioners shall therein be directed to confer with the owners of 
 
 the lands sought to be acquired in relation to their purchase, 
 it shall be the duty of the said commissioners to report the re- 
 sults of the conference in that behalf to the councils, before 
 making application to the courts for the appointment of ad- 
 quod damnum commissioners. 
 
 13. The said board, its officers, agents and servants, acting Board may 
 by authority of said board, shall have power to enter upon any f^JJa ' upon 
 land or property for the purpose of examining the same, sur- 
 veying and laying out such as may be required for the open- 
 
 ing, widening, extending, straightening or closing up in whole 
 or in part any street, lane, alley or square, or unimproved land 
 which may be required for above purposes. 
 
 14. No person shall break or cliff up any part of any street No street to be 
 
 i -Zi -A.L f Zi u i x- j j. broken or 
 
 or lane without the written permission ol the board ot street, sewer connec- 
 sewer and drain commissioners, and all persons making con- JJJJJjg without 
 nections either with any public or private sewer or culvert, permit from 
 shall first obtain permission from the board to enter the street bc 
 or lane at such point and in such manner as they may direct; 
 and shall forthwith cover the sewer or drain with earth, 
 thoroughly consolidating the same as it was before being 
 broken, and in ten days thereafter shall have such pavement 
 or curbstone as was injured or removed so repaired or restored 
 as to be in as good order as it was before. And any person fail- 
 ing to comply herewith shall pay a line of not less than five 
 nor more than twenty dollars. 
 
 15. The board of water commissioners, the city gaslight permits re- 
 company, the Norfolk city railroad company and all other cor- ^ uir ^ for 
 
 \. J i n 1-1 J i ii i_ j f j. breaking 
 
 porations shall in like manner apply to the board oi street, ground in 
 sewer and drain commissioners for written permission before 25*S? 2 
 
 11- t i f i water, gas, 
 
 breaking or digging up any portion ot any street, square, lane railroads, etc 
 or highway and the board shall have power to direct how and 
 in what manner the said openings in the highway shall be 
 made. 
 
 After said streets are torn up, and upon notification from the Regulations 
 inspector of streets, the party or parties who caused said streets and directions 
 to be torn up, shall proceed at once to relay them and shall re- 
 place them in the same condition as they were before 
 streets were torn up. 
 
 It shall be the duty of the inspector of streets to see that all 
 the streets torn up are properly relaid ; he shall notify all 
 parties who caused the streets to be torn up the provi- 
 sions of this ordinance, and he shall keep on file in the 
 office of the board of street, sewer and drain commissioners a 
 copy of the notice sent. 
 
 It shall be the duty of the street inspector as soon as a street 
 
 14 
 
106 
 
 STREETS, SEWERS AND DRAINS. 
 
 Sspectorand has ^ een torn U P to at once n tifv the party or parties that 
 
 of Board they must relay the same, (but allowing sufficient time for the 
 
 earth to settle), and if said party or parties shall fail to do so 
 
 in four days he or they shall be subject to a fine of twenty 
 
 dollars per day until the street is relaid. 
 
 Should said street settle after it has been relaid, and become 
 uneven, it shall be the duty of the party or parties causing the 
 tearing up of the street, to have said street taken up and relay 
 the same and continue to do so until the street is firm and will 
 not settle. 
 
 If after a street has been relaid the inspector of streets 
 finds that the same has not been properly laid, and is uneven 
 and in holes, he shall notify the party or parties who caused 
 the laying of the same that they must take the same up and 
 have it properly laid, and if said party or parties fail to do so in 
 four days he Or they shall pay a fine of five dollars per day 
 until said street is properly laid. 
 
 It shall be the duty of the board of street, sewer and drain 
 commissioners upon notification by the inspector of streets, 
 that the party or parties who tore up the streets have failed or 
 refused to cause them to be properly relaid(al though notified and 
 requested so to do as aforesaid) to cause the street or streets to be 
 properly relaid in a substantial manner,and charge the cost of the 
 work done to the party or parties causing the said streets to be 
 torn up, and if payment of same is refused to enter suit in the 
 name of the city against them for the cost of said pavement. 
 It shall also be their duty to superintend the inspector of 
 streets and see that he carries out the provisions of this ordi- 
 nance, and report every violation of the same to the councils. 
 
 16. Whenever the pavement in any street or lane shall become 
 injured by reason of any defective private sewer. or drain, it 
 shall be the duty of the person owning the same, to have the 
 pavement properly repaired ; and upon neglect thereof for five 
 days, the engineer shall cau-e the repairs to be made at the 
 expense of the said owner, to be collected by warrant before 
 the mayor. 
 
 17. Any person who shall make or cause to be made any 
 defective private sewer or drain, where the same pas-es under 
 
 a public highway, shall be fined not less than five nor more 
 
 than twenty dollars ; and the engineer shall cause the said 
 
 defective sewer or drain to be shut up. 
 NO street to be ^* ^ *-ha\l ^ e im ^ aw f u ^ to grade, pave, light, clean, or other- 
 improved wise improve at the expense of the city, any street 
 edbT co c un?nlj dedicated to the public by any owners of private property, 
 and laid out unless the same shall have been accepted by the councils, and, 
 
 under their direction, laid out by the engineer as a public 
 
 street. 
 
 19. If any person shall take up or carry away earth from 
 
 any street he shall pay for every such offense the sum of five 
 
 dollars. 
 
 Piantin? trees ~- It shall not be lawful for any person to plant trees in 
 in street a ,,y s'reet wliicli is less than fort-, feH wide, under the pen ilty 
 
 of 'tea dolla s for each offense; and all trees which may be 
 
 defective 
 sewers 
 
 Penalty for 
 
 under high 
 way 
 
 by engineer 
 
 Taking earth 
 away from 
 streets 
 
STREETS, SEWERS AND DRAINS. 107 
 
 planted in any street of the width of forty feet and upwards 
 shall be planted on the sidewalk, next to the curbstone, under 
 the penalty of five dollars for each offense; and no person shall i n j ur i n g trees 
 cut down or in any way injure any tree standing in any street 
 under the penalty of five dollars for each tree so cut down and 
 injured. The inspector is hereby authorized to cause any trees 
 to be cut down where the same may be kept standing in viola- 
 tion of this ordinance, and to have the sidewalks that may be 
 injured by the removal of said tree repaired at the expense of 
 the proprietor of the lot of land fronting thereon. 
 
 21. No piazza, porch, step, fence, enclosure or other projec- See charter 
 tion attached to any house or lot, shall be extended beyond the seclion5 
 adjoining line of the side-walk., Any person offending herein S^ncroacfi- 
 shall pay a fine of five dollars per day for so long a time as the in & n streets 
 same shall remain after notice from the inspector to remove said 
 obstruction; provided that balconies may be put to any house, 
 so as to be not less than ten feet from the ground, nor more 
 than three feet in width, and supported otherwise than by 
 posts and pillars from below. 
 
 Any property owner, builder or contractor, or other per- Penalty for 
 son who shall encroach upon the line of the street in any man- e ^J 8 a g h ' 
 ner, by building or otherwise, shall be liable to a fine of five JJwners and 
 dollars for every day such encroachment shall remain, after *> uilder9 
 notice from the inspector to have it removed ; and if the same 
 be not taken down or removed within five days after such 
 notice, the inspector is hereby directed to have the same 
 removed at the expense of the person offending, and if not 
 paid on demand, to warrant for the same. No post shall be Postg 
 put up in any of the streets, without permission of the councils, 
 under the penalty of five dollars for each offense. 
 
 22. The inspector shall order any sign or post, or any other Duty of 
 thing which may encumber or obstruct the street, and any iermn^en 5 - 011 " 
 cellar light, bay window or other window, shed, porch, portico, croacnments 
 cellar door, platform or step, placed in any street contrary to po^ts/etc 68 ' 
 this chapter, to be taken down, altered or removed; and if the 
 
 person wnose duty it is to obey such order shall fail to do so 
 within five days after notice of the order, he shall pay a fine 
 of five dollars, and a further fine of five dollars for every day 
 he shall so fail. 
 
 23. All owners of lots on east Main street shall have permis- Balconies on 
 sion, if they elect, to place balconies in front of their houses |treet am 
 on the said street; provided that the balconies shall be eight 
 
 feet in height from the pavement and shall not project from 
 the house more than three feet; and provided farther that all 
 persons availing themselves of this permission shall remove 
 said balconies when required so to do by the councils, after 
 thirty days notice. 
 
 24. No cellar openings shall be made in any street without Cellar open- 
 permission of the councils, and all cellar lights shall be pro- inga 
 tected by proper grating, and no cellar light in any street shall 
 
 extend from any house more than one-fifteenth part of the 
 width of the street, nor in any case more than five feet, and no 
 cellar door shall extend more than one-twelfth part of the 
 
108 
 
 STREETS, SEWERS AND DRAINS. 
 
 Application 
 opening? 
 
 Penalty 
 
 Permanent 
 frames across 
 
 width of any street, nor in any case more than five feet. 
 
 Every application for permission to construct a cellar open- 
 i n g shall state the dimensions thereof, and before commencing 
 to construct the same the owner of the premises, or his agent, 
 shall pay to the collector of city taxes for the use of the city 
 fifteen cents per square foot and take his receipt for the same. 
 
 jf an y p er gon shall construct a cellar opening of greater 
 dimensions than those allowed by the permit of councils, or 
 otherwise violate any of the provisions of this section he shall 
 pay a fine of not less than five nor more than twenty dollars. 
 
 Awning 8. 
 
 25. It shall be lawful to place awnings over the side-walks 
 ^ an J ^ tne streets of the city, and to erect posts and pillars 
 to support the same, under the regulations and directions con- 
 tained in this ordinance, provided that no awning post shall 
 be placed so as to obstruct the crossing on the street. All 
 awnings shall be at least eight feet above the side-walk, and 
 the posts or pillars to support the same shall be firmly planted 
 on the line of the side-walk, inside of the curbstone, and shall 
 be sufficiently high to allow at least eight feet between the 
 lowest rail and the pavement or ground. If such posts or 
 pillars be of wood, then the same shall not be more than five 
 inches in diameter. All awnings shall be taken in or removed 
 from the street every night by or before eight o'clock, 
 
 1^ shall not be lawful for any person to place any slats or 
 permanent frame-work across any side-walk for any purpose 
 whatever, and all slats or permanent frame-work now existing 
 across any of the side-walks shall be deemed obstructions, 
 and the inspector of streets shall have the same removed. 
 
 Any person who shall violate any of the provisions of this 
 section shall pay a fine of not less than five nor more than 
 twenty dollars. 
 
 Vaults, Pits, &c. 
 
 26. Every owner or occupant of any lot before which any 
 vault, pit or well shall be made within the city, or the person 
 who shall have the charge of the same, shall, during the whole 
 of every night while such vault, pit or well shall be uncovered, 
 cause a light to be kept at some convenient spot, so as to cast 
 its light upon such vault, pit or well, under the penalty of ten 
 dollars for every night on which such light shall be neglected 
 to be placed there. And all vaults which shall be built shall 
 be completed within three weeks after they are commenced, 
 under the penalty of five dollars for every day thereafter dur- 
 ing which the ground shall remain unclosed. 
 
 Snow. 
 
 snow to be ^ sna11 ^ e ^ e ^ u ty of eacl1 anc * ever J P erson > incorporated 
 cleaned off of society or public institution using or occupying in any manner, 
 or for any purpose whatsoever, any house, store, shop, stable 
 or tenement of any kind, and of persons naving charge of 
 churches and public buildings of any description, and of 
 owners of unoccupied houses and unimproved lots situate on 
 
 placet before 
 vaults or pits 
 
STREETS, SEWERS AND DRAINS. 109 
 
 any paved street, lane or alley in the city, within three hours 
 after the fall of any snow (except where the snow shall have 
 ceased to fall between the hours of 3 in the afternoon and 7 
 o'clock in the morning, in which case it shall be removed 
 before 11 o'clock in the morning) to remove and clear away, or 
 cause to be removed and cleared away, the same from the foot 
 pavements fronting the respective houses, stores, shops, stables, 
 churches, buildings or lots so used, occupied or owned by them 
 or under their charge, in such manner as not to obstruct the 
 
 Sassage of the water in the gutters, under a penalty of two 
 ollars for any neglect besides the expense of cleaning the 
 same away under the direction of the inspector of streets. 
 
 It shall be the duty of the inspector of streets to cause the Dut f in _ 
 snow and ice to be removed by the persons employed for spector as to 
 cleaning the streets (and by additional labor when the em- sn 
 ergency shall require it) from the footways and from the flag- 
 stones "placed at the intersections of the streets, as also to 
 remove the ice and other obstructions to the free passage of 
 the water at the intersections of the several streets of the city, 
 and to cause the snow and ice to be removed from the foot 
 pavements fronting the houses, stores, stables, churches, public 
 buildings, lots or tenements of such persons as shall neglect or 
 refuse to remove the same at the expense of the city in the 
 first instance to be afterwards recovered from the person or 
 persons so neglecting or refusing. 
 
 It shall also be the duty of the said inspector of streets at 
 the cost of the city to clear away the snow from the sidewalks 
 and crossings in front of the public schools of the city. 
 
 It shall not be lawful for laborers who may be employed to Pay allowed to 
 remove and clear away snow and ice from the streets, alleys, laborers eiean- 
 and lanes of the city as hereinbefore provided to demand a ing 1 
 greater price for such service than twenty-five cents per hour 
 whilst actually employed therein. 
 
 Locomotive Engines. Locomotive 
 
 28. Whenever a locomotive engine, with or without a train streets how 
 attached, is used within the limits of the city of Norfolk, a 
 man shall be required to ride on the front of said locomotive 
 engine, or qn the tender or car in advance of the train, as the 
 case may be. And no locomotive engine, while being so used, 
 shall be propelled at a greater rate of speed than four miles an 
 hour, and all such engines shall be provided with a spark pro- 
 tector or other apparatus, to prevent the danger of fire from 
 their passing through the streets. rung 
 
 The person or persons having charge of such locomotive 
 engine shall ring, or cause a bell to be rung, while approach- 
 ing and passing through the city. Penalty 
 
 For a violation of any provision of this ordinance, the 
 person or company so violating shall forfeit and pay a fine of 
 not less than ten nor more than twenty dollars. 
 
 Garbage and Dirt. Garbage <iis- 
 
 29. The city shall be divided into two districts, by a line tri ' ta 
 beginning at the southwest corner of Campbell's wharf; run- 
 
110 
 
 STREETS, SEWERS AND DRAINS. 
 
 ning thence along said wharf and the western side of Market 
 Square to the northwest corner of said square; thence across 
 Main street to Bank street ; and along the eastern side of Bank 
 street, and pursuing a direct course until it meets the northern 
 limits of the city. All that part of the city which extends to 
 the east of the line thus designated shall be called the eastern 
 district, and all that which lies to the west of said line shall 
 
 Regulations as be called the western district. 
 
 garbage 1 f ^ ne owner or occupant of every house and lot in the eastern 
 district shall, before the hour of nine o'clock A. M. on Mon- 
 day, Wednesday and Friday of each week, from the first day 
 of April to the first day of October of each year, and before 
 the hour of ten o'clock A. M. on the said days from the first 
 day of October to the first day of April of each year, cause all 
 the offal and garbage on his premises to be put in tight barrels 
 or boxes, and placed on the sidewalk in front of his lot ; and 
 the owner or occupant of every house or lot in the western 
 district shall, on Tuesday, Thursday and Saturday of each 
 week, before the said hours in the respective periods aforesaid, 
 cause all the offal or garbage on his premises to be put in tight 
 barrels or boxes, arid placed on the sidewalk in front of his lot. 
 All dry rubbish removed from any premises shall be deposited 
 in one heap in the center of the street, in front of said premi- 
 ses, in each district, on the days and before the hours aforesaid, 
 in the said periods of the year. For any neglect to comply 
 herewith, the owner or occupant of any lot shall pay a fine of 
 five dollars for each offense. 
 
 Any person who shall cast any rubbish in the street, except 
 as provided in this section shall pay a fine of one dollar. 
 
 30. The inspector or any person authorized by the councils, 
 shall remove from the streets before sunset, on the days when 
 placed there, all the offal and rubbish so collected, and at such 
 other times as the board of health may direct; and shall also, 
 daily, after market hours, remove the dirt and rubbish from 
 the market and square around it. And for any violation of 
 this section he shall pay a fine of twenty dollars. 
 
 No person shall carry away any manure, offal or rubbish 
 ^ rom ^ ie sheets unless authorized by the inspector, or the 
 
 authorized by councils, and any one so offending shall pay a fine of two 
 dollars. 
 
 Builders 1 rub- 31. Every person who may be building or repairing any house 
 io-w and shall cause all the rubbish occasioned thereby, and all the 
 earth, stone, sand or clay which may be cast into the street, to 
 be removed before sunset the next day, after having received 
 notice from the inspector to remove the same ; and if any per- 
 son fail to comply with this provision, he shall pay a fine of 
 one dollar. 
 
 Sewerage. 
 
 Certain build- 
 
 rXed with n ~ 3 ^. Tne owner of every building which shall hereafter be 
 waring sys erected, shall before the same is occupied as a residence, or 
 sewerage place of business, cause the said building or some portion of 
 
 Penalty 
 
 Duty of 
 inspector 
 
 Garbage not 
 
 removal 
 
 
 
STREETS, SEWERS AND DRAINS. Ill 
 
 the premises whereon it may be situated to be connected with 
 the public sewer, whenever the same can be done along the 
 line of the Waring system of sewerage and drainage, under 
 the regulations prescribed by the board of street, sewer and 
 drain commissioners. Any person violating the provisions of Penalty 
 this section shall pay a fine of not less than five nor more than 
 twenty dollars. 
 
 33. It shall not be lawful hereafter to erect any privy or No privy ai- 
 water closet upon any lot of land or in any building situated ^cte^jj? 
 on or along the line of the Waring system of sewerage an dime of waring 
 drainage, unless the said privy or water closet shall be connect- connected 168 
 ed with the said sewerage in the manner prescribed by the therewith 
 regulations of the board of street, sewer and drain commis- 
 sioners. Any person violating the provisions of this section Penalty 
 shall pay a fine of not less than five nor more than twenty 
 
 dollars. 
 
 34. It shall not be lawful for any person to connect any privy Freemason 
 or water closet with the terra cotta drain pipe leading from J^f * beuSed 
 Freemason street, between Brewer and Tripoli streets, to the for connection 
 City Hall avenue, nor cause or permit any excrementitious mat- Wlth P nvie 
 ter to flow therein. Any person violating this section shall Penalty 
 
 pay a fine of not less than five nor more than twenty dollars. 
 
 Side-walks. 
 
 35. The owner or occupant of any house or lot fronting on sidewalks 
 any street shall at his own expense or at the charge of his land- how repaired 
 lord, keep in good repair with good paving brick or stone slabs, 
 
 so much of the side-walk as shall front the building and lot 
 of ground belonging to him or in his possession. The inspec- Duty of 
 tor of streets shall direct such repairs to be made whenever mspec 
 necessary, and if any such owner or occupant shall fail to 
 make such repairs after having received ten days' notice so to 
 do. the person so failing shall pay a fine of five dollars forp ena it y 
 each day, and after the expiration of ten days if the repairs 
 shall not have been made by the owner or occupant it shall be 
 the duty of the inspector to cause the repairs to be made on 
 account of such owner or occupant and forthwith collect from 
 the person liable the cost of such repairs and pay the amount 
 to the person who did the work, and the inspector of streets is 
 empowered to collect the said amount by distraint or by war- 
 rant in the name of the city. 
 
 36. It shall not be lawful for any person to drive or back Driving hor _ 
 any horse or cart or wheel carriage on the foot-path or side- ses or^ehicies 
 walk of any street nor across any of the ditches or vacant lots or obstructing 
 except where bridges are provided for that purpose, under the fame 
 penalty of five dollars for every such offense; nor shall any 
 
 person drive or ride any horse, or wheel any handbarrow, or 
 saw any wood, or place any wood, coal or other thing on any 
 sidewalk, under the penalty of two dollars for every offense. 
 
 37. No person shall place any goods, wares or mer chandise Merchandige 
 on the sidewalk at a greater distance than three feet in front placed on 
 of his house or store, unless such person be receiving or de- 81dewalk8 
 
112 
 
 STREETS, SEWERS AND DRAINS. 
 
 Directions as 
 to paving 
 streets 
 
 Curbing and 
 guttering 
 
 Dimensions 
 of sidewalks 
 
 livering the same, and in no case shall such goods be allowed 
 r to remain on the side-walk longer than one hour. Any person 
 violating this section shall pay a fine of five dollars. 
 
 Paving. 
 
 38. All streets within the corporation of twenty feet in 
 width and upwards, which shall hereafter be paved, shall be 
 paved agreeably to the following regulations to wit: The 
 foot-path, or side-walk, as before directed, on each side of such 
 street, shall be paved with brown or grey square or oblong flat 
 stones or hard brick, and secured with square and gutter 
 stones, in conformity with the provisions of this ordinance ; 
 the middle or remaining part of every such street shall be a 
 cart- way or passage for carriages, and shall have a gutter on 
 each side, and next adjoining the foot-path or walk, and shall 
 be paved with etones and arched as follows, that is to say : 
 For every eighteen inches such cart-way shall measure from 
 the gutter to the middle of the street, the arch or rounding of 
 such street shall be raised one inch, to commence at the 
 respective gutters ; provided always, that if any street so to 
 be paved shall not exactly range, the gutter or outside of the 
 foot-path or side-walk shall be laid out, and made as nearly on 
 a straight line as the street will admit, and that the ascent 
 and descent of every street shall be regulated by the engineer. 
 All streets or lanes of the width of twenty feet or less, here- 
 after to be paved, may be paved without curbstones if the 
 councils shall deem it advisable. 
 
 39. All curbstones shall be at least two feet six inches in 
 length, four inches thick, and fourteen inches wide, and laid 
 in the following manner to wit : Six inches of the stone shall 
 be laid below the gutter, and eight inches above, unless other- 
 wise directed by the board of street, sewer and drain commis- 
 sioners, and the top cut to the proper level ; the ends shall be 
 squared, so as to form close and even joints, and the front 
 hewn, so as to present a fair surface, and the side-walks shall 
 be raised from the curbstone in proportion of five inches in 
 ten feet, and each gutter stone shall be at least eighteen inches 
 in length, ten inches in width and three inches thick, with 
 even surface, and squared so as to form close joints ; and if 
 any person shall lay any side-walk or foot-path in any other 
 manner, or of stones of less size, or with any other material, 
 such person shall pay a fine of ten dollars for each offense, and 
 the further fine of one dollar for each day the same shall re- 
 main not conformable to the provisions of this ordinance, 
 after notice from the iuspector to alter the same. 
 
 40. In all streets forty feet wide and upwards, which shall 
 be paved, the side-walks between the lines of the streets and 
 gutters shall be of the following width : That is to say, ten 
 feet in all streets forty feet wide ; twelve feet in all streets 
 fifty feet wide ; fourteen feet in all streets sixty feet wide ; and 
 in all streets between forty and sixty feet, and not of any of 
 the widths herein above mentioned, the side-walks shall be hi 
 proportion to the width of those above specified. 
 
STREETS, SEWERS AND DRAINS. 113 
 
 41. Private cart ways crossing the side- walks shall be 
 paved at the expense of the person requiring the same with 
 square or oblong flat stones, hewn and laid close together, in 
 such manner as the board of street, sewer and drain commis- 
 sioners may direct. 
 
 Public Drain*. 
 
 42. Any person who shall fill up or in any manner injure or Fining up or 
 obstruct any of the public drains or sewers in any part of the obstructing 
 city shall pay a fine of not less than five dollars nor more than JJr sewers*"" 
 twenty dollars. 
 
 Inspector of Plumbing. 
 
 43. The board of street, sewer and drain commissioners may inspector of 
 appoint a competent person as inspector of plumbing, who shall 
 
 obey the orders of the board and be specially charged with thebylioarcf 
 duty of enforcing the rules and regulations of the board con- 
 cerning the public sewers and the connections made therewith. 
 The inspector of plumbing shall receive a salary at the rate of 
 one thousand dollars per annum until the first day of January, 8alar 
 1886, and after that period such compensation as the councils 
 may determine. He shall be subject to removal by the board 
 or the councils at any time. 
 
 Local Assessments. 
 
 44. Whenever any street shall be laid out or a street graded H 
 
 or paved or otherwise improved and the councils shall deter- sessments 
 mine and order that a local assessment shall be levied upon S 
 the owners of real estate benefited thereby in the manner pro- 
 vided by section 25 of the city charter, such assessment shall 
 be made as follows viz: One-half of the cost of such im- what propor- 
 provement shall be paid by the owners of real estate so bene- tion paid by 
 
 r\ f j_i xi L L-L. e n i. owners of lots 
 
 fited that is to say: One-fourth the cost tnereoi shall be 
 paid by the owners of the real estate abutting on said street 
 on each side thereof, to be charged on the basis of frontage. 
 And this proportion shall be the rule in making local assess- 
 ments unless the councils shall especially otherwise determine 
 in their order directing any improvement to be made. When- 
 ever there is a dispute between property owners as to the num- 
 ber of feet owned on any street, the assessment shall be equally 
 divided between them. 
 
 45. The board of street, sewer and drain commissioners shall Duty of board 
 cause bills of assessment to be made out in accordance with f makin? d out 
 the proceeding section from the plans of the city engineer, and bills for local 
 deliver the same to the city treasurer. It shall be the duty of as 
 
 the treasurer forthwith to record the same in a book kept in 
 
 his office for that purpose, and place the said bills in the hands Duty O f city 
 
 of the city collector for collection. And the said bills of collector 
 
 assessment shall be a charge against the property specified 
 
 therein as other taxes and levies are made by law, and shall be 
 
 collected in the manner prescribed by law for the collection 
 
 of taxes upon real estate. 
 
 16 
 
114 STREETS, SEWERS AND DRAINS. 
 
 Changes made in the names of Streets since 1865. 
 
 Catharine to Bank. 
 
 Boush, between Wood and Mosely to Queen. 
 
 Boush, between Princess Anne road and Calvert to Henry. 
 
 Union, between Church and Hawk to Smith. 
 
 William, between Granby and Chamberlaine's wharf to 
 
 Randolph. 
 
 Washington, between Fayette and Matthews to Jackson. 
 Washington, between Newton and Chapel to Pulaski. 
 Wide Water changed to Water. 
 Little Water Elizabeth. 
 Gray " Atlantic. 
 
 Amelia " Boush. 
 
 Princess " Duke. 
 
 Second Cross " Reilly. 
 Third Cross " Walke. 
 First North Willoughby. 
 Second North " Suffolk. 
 Third North " Kent. 
 Marsh " Cove. 
 
 Wolf " Washington, 
 
 The foregoing passed select and common councils January 
 30th, 1871. 
 
 AN ORDINANCE 
 Changing the name of Metcalf 's Lane to Chesapeake Street. 
 
 Metcaifs lane Sec. 1. Be it ordained, by the common and select councils of 
 Street e8apeake the city of Norfolk, that Metcaifs Lane, which is twelve feet 
 wide, and runs from Main to Cove street, be, and the same is 
 hereby changed to Chesapeake street, and the treasurer is 
 directed to give ten days' notice of the fact in the official paper 
 of the city. 
 
 2. This ordinance shall be in force from and after its passage. 
 Passed S. C., June 7th, 1879. 
 Passed C. C., June 24th, 1879. 
 
 A portion of Washington changed to Wolf. 
 
 Be it ordained, that the last paragraph of the ordinance en- 
 titled an ordinance changing the name of certain streets, passed 
 in January, 1871, be amended so as to provide that the name of 
 the section of the street running from Granby street east, to 
 Cumberland street, shall be changed from Washington to Wolf 
 its original name by which it shall hereafter be known. 
 
 July 18th, 1880. 
 
 AN ORDINANCE 
 
 To change the name of the extension of Reilly street so that the same 
 shall be known as Clay street. 
 
 to clay Sec. 1. Be it ordained by the common and select councils 
 that all that portion of the extension of Reilly street, leading 
 
STREETS, SEWERS AND DRAINS. 115 
 
 from Bute street extended to Queen street, shall be hereafter 
 called and known by the name of Clay street, and shall be so 
 designated upon the map of the city. 
 
 2. That the city treasurer shall cause this ordinance to be 
 published for thirty days in the official newspapers. 
 
 3. This ordinance shall take effect from its passage. 
 March 19th, 1884. 
 
 AN ORDINANCE 
 
 Designating the Avenue in front of the City Hall by the name of 
 City Hall Avenue. 
 
 Sec. 1. Be it ordained, by the select and common councils city Hail 
 that the Avenue now being opened and graded running from ven 
 Bank to Granby street, be and the same is hereby named and 
 designated City Hall Avenue. 
 
 2. This ordinance shall be in force from and after its passage. 
 
 Passed the select council October 1st, 1884. 
 
 Passed the common council January 6th, 1885. 
 
 AN ORDINANCE 
 Changing the name of Hawk street to that of St. Paul street. 
 
 Sec. 1. Be it ordained, by the select and common councils Hawk to 
 that the street which is now known as Hawk street, shall be st - Paul 
 known hereafter under the name of Saint Paul street. 
 
 2. That this ordinance shall be in force from and after its 
 passage. 
 
 Passed August llth, 1885. 
 
 Ends of Streets. 
 
 The following resolution was adopted by the select council, 
 July 12th, 1881, and was concurred in by the common council 
 August 2d, 1881. 
 
 Whereas, frequent applications have been made to this and 
 former councils, for the use and occupation of the ends and 
 other portions of the public streets of the city, for railroad 
 and other purposes, and whereas, in view of the common pub- 
 lic right in the streets thereof, no permit for the use and occu- 
 pancy of the same can be granted individuals or others for such 
 purposes, inconsistent with the rights of the public therein, 
 as denned by various decisions of the courts of this and 
 other states, therefore 
 
 Resolved, that all such permits heretofore or hereafter 
 granted, being beyond the power of the councils, and in res- Defining the 
 traint of the free use of the streets by our people, shall be whtSfthe 
 construed as conferring on the benificiaries thereof, such use g^ee^ma^ be 
 or occupation only as does not interfere with the free and used, 
 unobstructed access to and enjoyment thereof, at all times by 
 the public; and when any street named in such permit ends on 
 the river or the tributaries thereof, the like free access to and 
 use of the said end shall be regarded as embraced in the rights 
 of the public. 
 
116 STREETS, SEWERS AND DRAINS. 
 
 Closing of Parker Street. Lease of satne and Kelly Street. 
 September 4th, 1883. Record of Common Council, page 135. 
 
 The common council concurred in the action of the select 
 council of July 10th, 1883, in the passage of the following 
 resolution : 
 
 Whereas, the consent of the owners of the property on both 
 sides of Parker street, between Water and Main street, has 
 been obtained to the closing of said street, between Water and 
 Main streets ; and whereas the board of street, sewer and drain 
 commissioners have recommended the closing of the said 
 street, as aforesaid; and whereas in the judgment of this body 
 no damage would result to any individual or to the public by 
 the closing of said street as aforesaid, therefore be it 
 
 Kesolved, that Parker street, between Water and Main streets, 
 be and the same is hereby closed. 
 
 Also, the following resolution : 
 
 Resolved, that a lease be made by the city to the Baltimore 
 Steam Packet Company, for ninety-nine years, renewable for- 
 ever, of the piece of -land between Water and Main streets, 
 heretofore known as a part of Parker street (but closed by the 
 city as such) of the western end of Kelly street, and of the 
 dock between the same and the Port Warden's line, for the 
 sum of $20,000, cash, and the yearly rent of $5 ; and upon 
 the further terms embodied in the draft of a lease now before 
 the councils, which lease is hereby approved. 
 
 Regulations governing Plumbing, House Drainage and the 
 
 Ventilation of House Sewers. 
 (Established by the Board of S., S. and D. Commissioners.) 
 
 Plumb t ^ ec * ^" ^ s ^ a ^ be ^ ne duty f every person doing business 
 be^ndSa, as a plumber, or engaged in conducting plumbing or house 
 d!?piay r aiign d drainage, i* 1 tne C ^J f Norfolk, to register his name in a book 
 to be provided for that purpose, at the office of the board of 
 of street, sewer and drain commissioners, giving full name, 
 residence, and place of business, and in case of removal from 
 one place to another in said city, to make corresponding change 
 in said register accordingly; and it shall be the further duty 
 of every such person to give good and sufficient bond, in the 
 sum of three hundred dollars (300) dollars, to be approved by 
 the board of street, sewer snd drain commissioners, conditioned 
 upon the observance of these regulations. 
 
 It shall be the duty of every such person to display at his 
 place of business, in a conspicuous place, a sign with full 
 registered name and words 'Registered Plumber,' in letters 
 not less than three inches in size. 
 
 Plan of plumb- Sec. B. Before any portion of the drainage system of any 
 flild w a t r jffl2e be building shall be laid or constructed, there shall be filed by 
 en fneer 1 ^ e owner > w ^ ^ ie c ^ v engineer, for the inspector of plumb- 
 ing, a plan thereof showing the said drainage system entire 
 from its connection with the curb end of the house drain to 
 its terminus in the house, together with the location of all 
 traps, ventilating pipes, &c. The name of the plumber who 
 
STREETS, SEWERS AND DRAINS. 117 
 
 is to perform the work shall be given on said plan, which must 
 be approved by the inspector of plumbing before any portion 
 of the work shall be executed. A permit shall not be given 
 for the connection with the sewer until such plan shall have 
 been presented and approved. 
 
 Sec. C. No plumber or any other person shall be allowed to NO persons 
 uncover the public sewer or 'any of its branches for any pur- 
 pose, or to make connections therewith, unless and except by 
 consent of the board of street, sewer and drain commissioners, onswith 
 or their duly authorized agent or agents, whose duty it shall ^ blic sewer8 ' 
 be to insure a full compliance with these regulations in relation 
 to house connections; and no such connections shall be made 
 except by skilled and competent mechanics, duly licensed to 
 do such work by the board of street, sewer and drain commis- 
 sioners. 
 
 Sec. D. Each and every plumber engaged in plumbing a written re- 
 building, shall at all times, before any portion of his work is west Jg,.^. 
 covered up or hidden from sight, and before making connec- spection be- 
 tion with fixtures, fill the pipes to be inspected with water, and coverld^and 
 send a written notice to the inspector of plumbing to the office, at completion 
 asking an official inspection of his work, and upon the final 
 completion of his work, shall ask for a final inspection thereof 
 in accordance with the rules of the board. 
 
 Sec. E. It shall be the duty of the inspector of plumbing, Duties of in- 
 under the direction of the city engineer, to sign and issue all ^J^Jin * 
 notices and certificates, to keep a daily record of his work, 
 including all notices and applications received, violations of 
 these regulations, and all other matters pertaining thereto; to 
 make daily, weekly and quarterly reports of his operations to^P rtsto be 
 the city engineer, and when not engaged in inspecting, to per- 
 form any other duty the city engineer may assign him. 
 
 Sec. F. He shall inspect all houses in course of erection, House to be 
 alteration or repair as often as may be necessary, and shall gee mspected 
 that all plumbing, drainage, and sewerage work is done in ac- 
 cordance with the provision of these regulations. 
 
 Sec. G. It shall be the duty of the inspector of plumbing, The inspector 
 immediately upon notification by the plumber, to proceed to 
 inspect and pass upon the work, and all inspections shall be gur 
 made within twenty- four hours after such notification. tiont 
 
 He shall promptly condemn and order the removal of any Defective 
 defective material, or any work done other than in accordance materfaAo be 
 with these regulations, and the specifications to govern the condemned 
 connecting houses with the public sewers of the city ; and upon 
 a complete and satisfactory inspection of any work shall 
 a certificate of approval. 
 
 Sec. H. He shall take and subscribe an oath or affirmation oathtobe 
 that he will faithfully perform the duties of his office, and 
 shall, before entering upon his duties, execute a bond to the int 
 city of Norfolk in the sum of five hundred (500) dollars, with 
 two sureties, to be approved by the board of street, sewer and 
 drain commissioners, conditioned upon the faithful performance 
 of the duties of his office, and for the benefit of all persons 
 aggrieved by his acts or neglect. 
 
118 STREETS, SEWERS AND DRAINS. 
 
 Sec - L Blank forms of application will be furnished to 
 by owners plumbers. All applications must be signed by the owner of 
 the premises and his or her address written under his or her 
 signature. Signing by agents will not be accepted if the 
 owner resides in the city of Norfolk. 
 
 ^ee for permit Sec. J. A fee of one dollar is required to be paid as permit 
 fee for each honse connected, the receipt of which must be 
 endorsed upon application ; the fee to be paid to the clerk of 
 the street, sewer and drain commissioners. 
 
 General. 1 Sec. K. No plumber or any other person shall make con- 
 
 nections from any house with the public sewer except in 
 strict accordance with all of the foregoing regulations and the 
 following specifications. 
 
 SPECIFICATIONS 
 
 To govern tho Plumbing and connecting houses with the Public 
 Sewers of the City of Norfolk, Va. 
 
 Every house Sec. * ^very house or building must be separately and in- 
 to be separate- dividually connected with the nearest sewer. 
 
 2. The drain and soil pipe must be laid as direct as possible, 
 
 pi'pes^rades, and to a uniform grade, with a fall of not less than one foot 
 
 connections, j n thirty-six, if possible, and all changes in direction must be 
 
 made with curved pipes, and all connections with Y branches 
 
 and one eighth bends. The drain pipe must be laid at a 
 
 sufficient depth to protect it from breakage or freezing. 
 
 pSesmay%e '"*' ^ ie nouse drains, when not entering into or underlying 
 
 laid outside a a building, may be of salt glazed vitrified stoneware pipe, laid 
 
 so as to have a uniform space between each spigot and socket 
 
 end, the joints to be made with oakum gaskets well caulked 
 
 toi>e made are in? and finished with good strong fresh hydraulic cement mortar, 
 
 composed of one part of cement and one of clean sharp sand ; 
 
 the joint to be out- wiped carefully and well pointed on the 
 
 must P be iaid " ou tside. ^ u ^ where drains enter and underlie a building the 
 
 inside and pipe must be of cast iron, to extend to and form part of the 
 
 *& r] ' soil Pipe, and extend at least four (4) feet above the roof, or 
 
 Height aboves ^P ^ ^ ne highest window, of undiminished size, and termi- 
 
 roof to carry JJ nate with a wire basket. 
 
 Where iron ^ ne * ron ^ ra i n pi? 6 mus ^ extend at least five (5) feet outside 
 pipe shai? n of every building, and all terra cotta pipe inside of the building 
 teS<?otta h w ^ ne ^ ^ ne street must be laid upon a foundation of hydraulic 
 pipes shall be cement concrete, unless otherwise specially permitted by the 
 
 city engineer. 
 
 to eli rote(ft arch 4< When a Pip e passes through or under the walls of a 
 piiSsfrom building there shall be a relieving arch turned over it to pro- 
 settling wails tect it from breakage by the settling of the wall. 
 
 5. The iron soil and drain pipe must be full four (4) inches 
 
 coated with in interior diameter at every point, to be coated inside and out- 
 
 coal tar gide with coal tar, applied hot. The horizontal portions of all 
 
 iron pipes used under ground shall in no case weigh less than 
 
 weight of iron For four-inch pipe, 13 Ibs. per lineal foot. 
 
 For three-inch pipe, 9* 
 
 two-inch pipe, 5 " " 
 
STREETS, SEWERS AND DRAINS. 119 
 
 The joints are to be made with gaskets of picked oakum, Joints, how 
 and hot lead at one pouring, thoroughly caulked in so as to m 
 render them impermeable to gases. 
 
 Waste pipes or lateral drains from bath tubs, basins, or other 
 fixtures, with the exception of water-closets, may be of two (2) 
 inch diameter pipe. 
 
 6. No trap or any manner of obstruction to the complete Srough 
 and perfectly free now of air throughout the entire course of and soil pipe 
 the drain or soil pipe will be permitted. No brick, sheet metal structed 6 
 or earthenware flue shall be used as a sewer ventilator, nor shall Brick, sheet 
 any chimney flue be used for this purpose. earthenware 
 
 Pipes must be concentrated as much as possible, and where prohibited as 
 placed within walls they should be covered with wood work, pj^* J^^ 
 fastened with screws, so as to give ready access to the pipes for concentrated 
 inspection and repairs. th C wood ed 
 
 7. All joints in waste pipes, except where screw joints are work 
 
 used, must be made like those in the soil and drain pipes, with p? P eg Sinwaste 
 oakum gaskets and lead well caulked so as to render them gas- 
 tight. 
 
 All connections of lead with iron pipes must be made with Connections 
 a brass sleeve or ferrule of the same size as the lead pipe; the r f on e p?p s ith 
 sleeve to be put in the hub of the iron pipe and thoroughly 
 caulked with lead, and the lead pipe to be attached to the 
 sleeve or ferrule by a wiped lead joint. of "eadwith 
 
 All connections of lead pipes must be by wiped lead joints, lead pipe 
 
 8. Every sink, basin, W. C. wash tray, bath, safe, urinal, and Every fixture 
 every tub or set of tubs, must be separately and effectively f trapped** 6 
 trapped; the traps to be of suitable and approved pattern, and 
 
 to DC placed as near the fixture as practicable. 
 
 All exit pipes, except in the case of W. C's, to be provided Exit pipes to 
 with strong metallic strainers. 
 
 9. Every trap must be separately ventilated, and protected ventilation of 
 from syphonage by a special vent pipe not less than two (2) of^enfpipes 
 inches in diameter for W. C.'s, nor less than one and one-quar- 
 ter (1 J) inches for other fixtures ; but if exceeding fifteen (15) 
 
 feet in length, this pipe shall not be less than one and one-half 
 (U) inches in diameter. 
 
 These vent or air pipes should ex tend four (4) feet above the vent pipes to 
 roof, and terminate with a wire basket, but if they are branched roofer {Set 6 
 into the soil pipe, it must be above the inlet pipe of the of highest 
 highest fixture. fllture 
 
 They may be continuous by branching together these which vent pipes 
 serve several traps, provided they are branched into a vent branched 
 pipe not less than two (2) inches in interior diameter. together 
 
 These vent or air pipes must always have a continuous slope vent pipes to 
 to avoid collecting water by condensation. uus Sope 11 " 
 
 10. Every lead safe under a wash basin, bath, urinal, refrig- Safe8 not to 
 erator, or W. C. must be drained by a special pipe not directly connect 
 connected with any waste pipe, soil pipe, drain or sewer, butlJoifpipe, Ao. 
 must be discharged into a open sink or drain outside the 
 
 house. 
 
 11. Waste pipes from wash tubs, wash stands and sinks shall SSSSftwS : 
 not be connected with the trap of a W. C. bath tubs, &e. 
 
. 
 120 STREETS, SEWERS AND DRAINS. 
 
 improved 60 * ^' ^' ^*' s mus ^ De f ^ ie hopper or approved pattern, 
 patterns [pan closets being absolutely prohibited] and should be sup- 
 plied from a special tank placed .over them, in which case the 
 supply of w. waste or overflow from the tank must discharge into the open 
 air, or the basin of the closet, and not into the soil pipe 
 directly. 
 
 chen'orhy- 1 " Direct service of a W. C. is always objectionable, and in 
 drant, direct case the W. C. is in a second or third story of a building, and 
 hfStteci I8 pr above the supply to a kitchen or hydrant, it is absolutely pro- 
 
 Woodenwash ^ited. 
 
 trays and Id. VVooden wash trays and sinks are prohibited inside ot 
 
 sinks pro 4- buildings ; they shall be of non-absorbent material. 
 Leadline and 14. Lead, zinc or galvanized iron linings for house cisterns 
 fronlinfngs are prohibited, but wood, iron or tinned copper may be used, 
 for cisterns In every instance the overflow must be trapped into the open 
 
 prohibited J 
 
 Overflow to be air - 
 
 15. All materials must be of good quality, and free from all 
 workmanship ^ e ^ ec ^ s 5 the work must be executed in a thorough and work- 
 to beapproyed manlike manner, and subject to the approval of the city engin- 
 elra 1 niip^c- eer an< ^ ^e inspector of plumbing. 
 
 tor of plumb- 16. The foregoing regulations and specifications will be 
 altered, amended and added to. whenever it may be deemed by 
 
 Kegulations, ,, , i 
 
 &c., maybe the board of street, sewer and dram commissioners proper 
 
 amended to do go 
 
 Howprosecu- !? Prosecution for infringement upon the provisions of 
 tion shall be these regulations and specifications shall be made by informa- 
 
 mstltuted ,. /^i i ,1 * > ,-1 >i p-v-r i n TT 
 
 tion filed in the mayor s court, m the city of Norfolk, Virginia. 
 Approved by board of S., S. and D. Commissioners, 1883. 
 
 General Provision. 
 
 If any person shall violate any provisions contained in this 
 chapter, entitled streets, sewers and drains, or hinder or ob- 
 struct any officer of the city in the proper discharge of his 
 duty in relation to the same, such person shall, where no other 
 penalty is imposed, pay a fine of not less than five nor more 
 than twenty dollars. 
 
 CHAPTEE XXXIV. 
 
 City Seal 
 
 Description of Sec. 1. The seal of the city of Norfolk is as follows, viz : 
 
 city seal Around the margin of the same a raised circle, containing 
 
 the words "Seal of the City of Norfolk, Incorporated 1736," 
 
 within which circle, a shield, bearing the representation of a 
 
 Treasurer to Steamship. 
 
 keep seal rj^ e c jty treasurer shall be the keeper of the city seal. 
 
 Mayor's seal 2. The seal of the mayoralty, to be kept by the mayor, is as 
 follows : 
 
 Around the margin of the s*ame a raised circle, containing 
 the words "Mayor's office, Norfolk," within which circle, a 
 shield, bearing the representation of a ship under sail. 
 
SPECIAL APPROPRIATIONS OF REVENUE. 121 
 
 CHAPTER XXXV. 
 
 Special Appropriations of Revenue for 1885. 
 
 AN ORDINANCE 
 Making Appropriations to meet Deficiencies. 
 
 Sec. 1. Be it enacted by the common and select councils of 
 the city of Norfolk, that the following amounts hereinafter 
 named be appropriated to the several departments of the city, 
 to make good the deficiencies in said departments incurred 
 prior to July 1st, 1885 ; and the treasurer of the city is hereby 
 authorized to cause the said accounts to be placed to the credit 
 of said departments as named below : 
 
 Almshouse $3,564 27 
 
 Court allowance 439 96 
 
 Expense account 944 19 
 
 Public printing 377 32 
 
 Elections 380 95 
 
 Public buildings 651 07 
 
 Fire department 1,782 67 
 
 Cemeteries 478 59 
 
 Lights 2,149 87 
 
 Juries 145 00 
 
 Board ot health 260 00 
 
 Markets 220 40 
 
 Interest to pay interest on coupons and registered 
 stock due prior to July 1, 1885, and not yet 
 called for 1,000 00 
 
 $12,394 29 
 
 2. This ordinance shall be in force from and after its passage. 
 Passed C. 0., August 4th, 1885. 
 Passed S. C., August llth, 1885. 
 
 AN ORDINANCE 
 Making extra Appropriations for the fiscal year 1885. 
 
 Sec. 1. Be it ordained by the common and select councils of 
 the city of Norfolk, that the following amounts be, and they 
 are hereby appropriated for the purposes as named below, and 
 the treasurer of the city is hereby authorized to pay the same 
 whenever the same shall be provided for by the councils, viz: 
 
 Codifying and printing eity ordinances $ 878 00 
 
 Policeman Buchanan 188 00 
 
 E. D. Doyle 50 00 
 
 The board of street, sewer and drain commissioners 
 to pay Donoghue & Co., and other items incurred 
 prior to July 1, 1885 6,225 78 
 
 $7,341 78 
 
 2. This ordinance shall be in force from its passage, 
 hissed C. C., August 4th, 1885. 
 Passed S. C., August llth, 1885. 
 
 16 
 
122 
 
 TAXES ON PROPERTY, 1885. 
 
 Water tax, 30 
 cents 
 
 General tax 
 $1.50 on $100 
 
 Income tax 
 $1.80 on f 100 
 
 CHAPTER XXXVI. 
 
 Taxes on Property, &c., 1885. 
 
 AN ORDINANCE 
 
 Imposing Taxes on Property, Persons and income, for the payment 
 of interest on the City Debt, including the special water tax, and 
 to meet the general appropriations for the year 1885. 
 
 Sec. 1. Be it ordained by the common and select councils of 
 the city of Norfolk, that for the year beginning the first day 
 of February, 1 885, and for each year thereafter, the taxes on 
 lands, lots, persons and incomes, shall be as follows : 
 
 2. Upon all lands, wharves and lots, and the improvements 
 thereon, and upon all personal property of every description, 
 except such real and personal property as is exempted from 
 taxation by the State of Virginia or any ordinance of the city, 
 and except the bonds issued by the city of Norfolk, thirty cents 
 on every hundred dollars of the assessed value thereof, shall 
 be the special water tax required to be levied by the laws and 
 ordinances concerning the Norfolk water works, and one dollar 
 and fifty cents on every hundred dollars of the assessed value 
 thereof for general purposes, as stated in the ordinances con- 
 cerning appropriations. 
 
 Income. 
 
 3. On the salary or income received by any person during 
 the year ending February 1st, one dollar and eighty cents upon 
 each one hundred dollars value thereof in excess of six hun- 
 dred dollars ; provided, that the salary of a Minister of the 
 Gospel and the salary of officers paid out of the city treasury 
 shall be exempt from taxation ; and provided further, that no 
 income is hereby taxed which may be derived from any busi- 
 ness, calling or profession, or subject of taxation otherwise 
 taxed in the ordinance imposing license taxes, except as therein 
 provided. 
 
 Personal Tax. 
 
 capitation tax 4. On every male inhabitant who has attained the age of 
 60 cents twenty-one years, fifty cents, except those who are by law 
 
 exem 
 
 from taxation, 
 collector to 5. The collector shall give public notice by advertisement 
 
 give notice of 
 taxes when 
 due 
 
 mpt 
 
 . Th 
 
 in all of the daily newspapers published in the city, on the 
 first day of October, and for thirty days thereafter, that the 
 rolls of the commissioner of the revenue, containing the list 
 of taxes, have been placed in his hands for collection, and also 
 state in such notice the provisions of law relating to the prompt 
 payment of taxes. 
 
 Offic* hours of He s ^ a ^ a *tend at his office daily between the hours of nine 
 
 collector A. M., and six o'clock P. M., from the first to the thirty-first 
 
 day of October, inclusive, for the purpose of receiving from 
 
 any person charged with said taxes the whole amount thereof. 
 
TRANSFER AND REDEMPTION OF DELINQUENT LANDS. 123 
 
 Any person who shall fail to pay the collector on or in 
 
 the thirty-first day of October the taxes assessed against himfty a fornon- 
 for that year, shall be subject to a penalty of three per centum paymet 
 for the first month, and a farther penalty of one per centum 
 per month thereafter until the penalty shall have reached five 
 per cent., according to the State law. After the penalty shall 
 have reached five per centum, all persons failing to pay their 
 said taxes shall pay in addition to the penalty, pay interest on 
 their bills at the rate of six per cent, per annum, 
 
 The collector may collect the taxes herein imposed by dis- 
 traint at any time. 
 
 6. The collector shall receive H per cent, for his compensa- collector's 
 tion on all moneys collected by him. 
 
 7. Nothing herein contained shall be construed to repeal the other taxes in 
 taxes imposed by ordinances upon licensed hacks and other fo 
 vehicles, or tax upon dogs or upon persons, property or subjects 
 
 not herein mentioned. 
 
 8. The lessee of any lease-hold property, when required to Taxes may be 
 do so by his lease, shall have the right to pay the city taxes on paid by Ie88ee 
 any piece or pieces of real estate, not assessed to the lessee, 
 
 under a statute of the State of Virginia, approved March 20th, 
 1877, and the collector shall make out separate bills for each 
 piece or pieces of real estate, and settle the same with the 
 lessee upon the same terms as prescribed in this ordinance for 
 the settlement of other bills. 
 
 9. This ordinance shall be in force from its passage, and all 
 ordinances or parts of ordinances in conflict herewith, are 
 hereby repealed. 
 
 C. p., August llth, 1885; adopted by an aye and nay vote 
 unanimously. 
 
 [Signed], BARTON MYERS, 
 
 President C. C. 
 
 S. C., August llth, 1885 ; adopted by an aye and nay vote 
 unanimously. 
 
 [Signed], ANDREW MARTIN, 
 
 Vice- President S. C. 
 Tester W. W. HUNTER, 
 
 City Treasurer. 
 
 CHAPTER XXXVII. 
 
 Transfer and Redemption of Delinquent Lands. 
 Resolution of the Councils. 
 
 Resolved, that the treasurer be authorized to receive from Treasurer 
 any delinquent tax payer whose lands have been sold and pur-" 3 *; receipt 
 
 i J T v i. -I i AI j i.i tax bills and 
 
 chased by the city, for delinquent taxes, the amount of the tax interest due 
 bill charged thereto, and interest at the rate of six per cent., ^io 
 to the day of payment, and allow the same in full settlement 1882 
 of the claim of the city and in redemption of the property ; 
 and that upon the payment of the same to the treasurer by the 
 delinquent tax payer, or in case of his neglect to pay the same 
 by the remainderman or reversioner expectant, upon the deter- 
 
124 WARDS, REGISTRATION BRECINCTS AND VOTING PLACES. 
 
 treasure? to mination of an j life or other estate therein, the mayor and 
 
 execute deed treasurer of the city of Norfolk shall execute a deed reconvey- 
 
 ing such real estate as may have been sold for delinquent taxes, 
 
 and bought by the city, to the delinquent tax payer or to the 
 
 remainderman or reversioner, as the case may be as aforesaid ; 
 
 give notice* ^^ ^ ie ^ reasurer shall give notice by advertisement, or postal 
 
 card, that all such bills maybe settled and the property recon- 
 
 veyed, provided, such delinquent taxes are paid before the city 
 
 has acquired absolu te possession to such property as provided 
 
 by law. 
 
 Passed common council November 9th, 1882. 
 Passed select council November 16th, 1882. 
 
 CHAPTER XXXVIII. 
 
 Vagrants. 
 
 Police tore- 1. The police of the city shall be and are hereby empowered 
 grants ^Tui anc * required upon discovering any vagrant or vagrants within 
 obtain war- the city, to make information thereof to the mayor or any 
 arrest 103 3lr justice of the peace of the city, and require a warrant for 
 apprehending such vagrant or vagrants, to be brought before 
 the mayor or such justice, to be dealt with as prescribed by law. 
 The following described persons shall be liable to the penal- 
 ties imposed by law upon vagrants : 
 
 who declared First. All persons who shall unlawfully return to the city 
 to be vagrants a ft e r they have been legally removed. 
 
 Second. All persons who, not having wherewith to maintain 
 themselves and their families, live idly and without employ- 
 ment, and refuse to work for the usual and common wages 
 given to other laborers in the like work in the city. 
 
 Third. All persons in the almshouse who shall refuse to 
 perform the work allotted to them by the keeper of the alms- 
 house. 
 
 Fourth. All persons going about from door to door or plac- 
 ing themselves in the streets, highways, or other places to beg 
 alms, and all other persons wandering and begging, unless dis- 
 abled or incapable of labor. 
 
 Fifth. All persons who shall come to this city and shall be 
 found loitering and residing therein, and shall follow no labor, 
 trade, occupation or business, and have no visible means of 
 subsistence, and can give no reasonable account of themselves 
 or their business. 
 
 CHAPTER XXXIX. 
 
 Wards, Registration Precincts and Voting Places. 
 1. The city is divided into four wards, bounded as follows : 
 
 FIRST WARD. 
 
 Boundaries 1st Beginning at the eastern end of Queen street, at Newton's 
 
 ward creek ; thence westwardly, on the south side, to Church street ; 
 
 thence southwardlv down Church street, eastern side, to the 
 
WARDS, REGISTRATION PRECINCTS AND VOTING PLACES. 125 
 
 Elizabeth river ; Thence eastwardly along the Port Warden's 
 line to the Draw Bridge; thence northwardly along the chan- 
 nel of Newton's creek to the place of beginning, 
 
 SECOND WARD. 
 
 Beginning at the south end of Church street, on the Eliza- 2d ward 
 beth river, thence northwardly, on the west side of Church 
 street, to Freemason street ; thence westwardly, on the south 
 side of Freemason street, to Yarmouth street; thence south- 
 westwardly, down the east side of Yarmouth street, to the Port 
 Warden's line at Chamberlaine's wharf; thence following the 
 Port Warden's line to the place of beginning. 
 
 THIRD WARD. 
 
 Beginning at the north west corner of Freemason and Church sd ward 
 street; thence northwardly, along the west side of Church 
 street, to Queen street; thence westwardly, along the south 
 side of Queen street, to James street; thence across James 
 street ; thence northwardly, along the west side of James street, 
 to Armistead's bridge ; thence southwardly, down the channel 
 of Smith's creek, to the Port Warden's line; thence southeast- 
 wardly, down the Port Warden's line, to Chamberlaine's wharf; 
 thence northeastwardly to the west side of Yarmouth street ; 
 thence up the same to Freemason street ; thence eastwardly, 
 along the north side of Freemason street, to the place of 
 beginning. 
 
 FOURTH WARD. 
 
 Beginning at Armistead's bridge; thence southwardly, along 4th ward 
 the eastern side of James street, to Queen street; thence east- 
 wardly, along the north side of Queen street, to Church street ; 
 thence across Church street to the north side of Queen 
 street; thence eastwardly, along the north side of Queen 
 street, to Newton's creek, at the county line ; thence north 
 and west, and southwest, along the county line, to the place 
 of beginning. 
 
 2. Each of said wards is divided into two precincts, bounded Boundaries of 
 as follows: See Acts of Assembly of Virginia, 1883-'84, 
 Chapter I. 
 
 1. Be it enacted by the General Assembly of Virginia, that 
 each of the wards of the city of Norfolk, as now established 
 and defined, be and the same is hereby subdivided into two 
 voting precincts as follows, to-wit : 
 
 That part of the first ward of said city which is included 
 within the following boundaries, to-wit: Beginning at the 
 intersection of the Port Warden's line, on the Elizabeth river, 
 with the eastern line of Church street; and running thence 
 along said eastern line of Church street to Holt street; thence, 
 along the south line of Holt street, to Newton's creek ; thence 
 along Newton's creek and the eastern boundary of the city, in 
 a southerly direction, to the said Port Warden's line; and 
 thence, along the Port Warden's line, westerly, to the point of 
 
126 WARDS, REGISTRATION PRECINCTS AND VOTING PLACES. 
 
 beginning, shall constitute precinct number one of the said 
 first ward. 
 
 Precinct NO. 2 That part of the first ward which is included within the 
 following boundaries, to-wit: Beginning at the northeast cor- 
 ner of Holt and Church streets; and running thence, along 
 the east line of Church street to Queen street ; thence, east- 
 wardly, along the south line of Queen street to Newton's creek ; 
 thence, southerly, along Newton's creek to the northern line 
 of Holt street; and thence, along the northern line of Holt 
 street to the point of beginning, shall constitute precinct num- 
 ber two of said first ward. 
 
 Precinct NO. i 2. That part of the second ward of said city which is 
 included in the following boundaries, to-wit: Beginning at the 
 intersection of the Port Warden's line, on the Elizabeth river, 
 with the west line of Church street; and running thence, along 
 the west line of Church street, to Freemason street; thence, along 
 the south line of Freemason street to Bank street ; thence, 
 along the east line of Bank street, to Main street ; thence, 
 across Main street, to the east side of Roanoke avenue ; thence, 
 along the east line of said avenue, extended, to the Port War- 
 den's line; and thence, along the Port Warden's line, to the 
 point of beginning, shall constitute precinct number one of 
 the second ward. 
 
 Precinct NO. 2 That part of the second ward which is included within the 
 following boundaries, to wit: beginning at the intersection 
 of the Port Warden's line, on the Elizabeth river, with the 
 west line of Roanoke square ; and running thence, along the 
 west iine of said square and Roanoke avenue, to Main street ; 
 thence, across Main street to the west line of Bank street ; 
 thence, along the west line of Bank street, to Freemason street; 
 thence, along the south line of Freemason street, to Yarmouth 
 street ; thence, south, along the east side of Yarmouth street, 
 extended, to the Port Warden's line, on Elizabeth river, at the 
 Boston (formerly Chamberlaine's) wharf; and thence, along 
 said Port Warden's line to the point of beginning, shall con- 
 stitute precinct number two of the said second ward. 
 
 Precinct No i 3. That part of the third ward, of said city, which is included 
 within the following boundaries, to-wit : beginning at the north- 
 west corner of Freemason and Church streets, and running 
 thence along the west line of Church street, to Queen street; 
 thence, along the south line of Queen street, to Brewer street ; 
 thence, along the east line of Brewer street, to Freemason 
 street, and thence, along the north line of Freemason street, 
 to the point of beginning, shall constitute precinct number 
 one of the said third ward. 
 
 Precinct NO 2 That part of the third ward, which is included within the 
 following boundaries, to-wit : beginning at Armistead's bridge, 
 at the west line of James street, and running thence along the 
 west line of James street, to Queen street ; thence, across Queen 
 street, to the southwest corner of Brewer and Queen streets; 
 thence south, along the west line of Brewer street to Freema- 
 son street; thence along the north line of Freemason street to 
 the west line of Yarmouth street ; thence southwardly, along 
 
WARDS, REGISTRATION PRECINCTS AND VOTING PLACES. 127 
 
 the west line of Yarmouth street, extended, and southwest- 
 wardly to the Port Warden's line, on the Elizabeth river, at 
 the Boston (formerly Chamberlaine's) wharf; thence, along the 
 said Port Warden's line to the mouth of Smith's creek, and 
 thence, along Smith's creek, to the point of beginning, shall 
 constitute precinct number two, of the said third ward. 
 
 4. That part of the fourth ward, of said city, which is Precinct NO. i 
 included in the following boundaries, to-wit : Beginning at 4tl 
 Armistead's bridge, at the east end of James street, and run - Nameof 
 ning thence along the east line of James street, to Queen street ; Hawk street 
 thence, along the north line of Queen street, to Hawk street ; p^f ged toSt - 
 thence, along the west line of Hawk street, to the city limits, 
 and thence, westerly along the line of the northern boundary 
 of the city, to the point of beginning, shall constitue precinct 
 number one of the fourth ward. 
 
 That part of the fourth ward, which is included within the p recinct No 2 
 following boundaries, to-wit: Beginning at the intersection of*thward 
 the northern line of Queen street, with Newton's creek, and 
 running thence along the north line of Queen street, to Hawk 
 street ; thence, along the east line of Hawk street, to the nor- 
 thern boundary line of the city; thence, along said boundary 
 line eastwardly, to the stone in Princess Anne road at the head 
 of Newton's creek, and thence, along Newton's creek, to the 
 point of beginning, shall constitute precinct number two, of 
 the said fourth ward. 
 
 3. The voting places appointed by ordinance of the coun- voting places 
 cils in pursuance of the Act of Assembly approved December 
 
 21, 1883, are as follows : 
 
 FIRST WARD. Firgt ward 
 
 Precinct Number one At Hunter Woodis Clubhouse, on 1st precinct 
 Fenchurch street, formerly known as the Union Hook and 
 Ladder company's house. 
 
 Precinct Number Two At Beale & McGuire's shop, on 2d precinct 
 Falkland street, between Fenchurch and Chapel streets. 
 
 SECOND WARD. Second ward 
 
 Precinct Number One At the city hall. 1st precinct 
 
 Precinct Number Two Lawrence's shop, on Granby street, ^ preoinct 
 near the stone bridge. 
 
 THIRD WARD. Third ward 
 
 Precinct Number One At Cannon's corner, northeast cor- ut precinct 
 ner of Bute and Brewer streets 
 
 Precinct Number Two At Hozier's corner, southwest cor- 2d precinot 
 ner of Brewer and Charlotte streets. 
 
 FOURTH WARD. Fourth ward 
 
 Precinct Number One At Williams' hall, northwest corner 1st precinct 
 of Jefferson and Wil lough by streets. 
 
 Precinct Number Two At Spann's shop, on Church street. 3d precinct 
 
 4. The committee of the councils on public buildings are 
 
128 
 
 WHARVES. 
 
 holding eiec- 
 
 eni P owere d to provide from time to time euch ballot boxes as 
 intomaka may be required for holding elections in the city according to 
 ^ aw an( ^ further to make all necessary, suitable and proper 
 arrangements at the several voting places for the convenience 
 of the voters and the officers of the election. No person or 
 persons except the said committee on public buildings shall 
 assume to do or perform any act in this section required to be 
 done by said committee, under a penalty of twenty dollars for 
 each offense. 
 
 5. The judges, clerks and commissioners of elections shall 
 each receive two dollars as a compensation for their services 
 in any and every election held in the city, to be paid out of 
 the treasury 
 
 CHAPTEK XL. 
 
 Wharves. 
 
 wharves at 1. All wharves made out into the harbor in front of any 
 
 public* 8treet street, or part of any street, and which street was heretofore 
 
 laid out in the plan of the city as extending to the water, are 
 
 hereby, as heretofore, declared public wharves, and subject to 
 
 the regulations and management of the councils. 
 
 2. No person shall dig a hole for any purpose whatever out- 
 ^ an ^ s ^ olie wa ^ on * ne banks of the river or creeks in 
 the harbor, within thirty feet of such wall, under a penalty of 
 five dollars for each offense. 
 
 Digging holes 
 n rohibited ves 
 
The Norfolk City Water Works. 
 
 CHAPTER XLI. 
 
 The Norfolk City Water Works. 
 
 CHAP. 65. An ACT to authorize the City of Norfolk to Construct 
 Water Works for the use of the people of the said city. 
 
 Passed January 14, 1867. 
 
 1. Be it enacted by the general assembly, That it shall be city of 
 lawful for the city of Norfolk t6 construct suitable works to^g!J 
 convey a supply of water from some point in the Dismal water wortts 
 swamp in Norfolk county, or such other place as the said city 
 
 may select, into the said city; and the said city may acquire jam? to be 
 and hold for that purpose a slip of land not exceeding one thiTpurpose 
 hundred feet in width, and other lands at the termini and sta- 
 tions of their works, in the city and county of Norfolk, not 
 exceeding one hundred acres ; and shall have the same rights R . tof wa 
 and powers in respect to obtaining right of way, and lands for& c , 
 their pipes, aqueducts and other suitable structures and fix- 
 tures for securing and conveying water, as are conferred upon 
 railroad and other internal improvement companies by the 
 Code of Virginia ; and may hold, use and employ such machin- Machiner 
 ery, boats, apparatus and other appliances as they may deem apparatuZ'&c. 
 proper for supplying the said city with water, and for the 
 transaction of the attendant business. 
 
 2. The councils of the said city may make such ordinances ordinances, 
 and regulations for the government and management of the &c - 
 
 said water works, and may establish and collect such rates of w terrates 
 charges for the use of the water as they may deem proper ; and 
 may open streets, lanes, alloys and public squares of the said May lay pipes 
 city, for the purpose of laying down water pipes and other and fixtures 
 fixtures for the distribution 'of water. 
 
 3. Any person who shall open a communication with the Penalty for 
 main or other pipe of the said water works, without authority 
 
 from the said councils or the the superintendent of the said 
 works, or shall wilfully let on the water after it has been stop- 
 ped by order of the said councils or superintendent, for repairs 
 or any other purpose ; or shall put up any pipes in addition 
 to the pipes originally put up and inspected, or introduce 
 water into them without authority as aforesaid ; or shall wil- 
 fully do or cause to be done any act whereby the said works or 
 any portion thereof shall be obstructed, injured or destroyed, 
 such person shall forfeit for each offence not less than ten nor 
 more than fifty dollars, to be recovered before the mayor of the 
 said city or any justice of the peace, one-half to the informer 
 and the other half to the s;iid city; and shall, moreover, forfeit 
 and pay to the said city double the amount of damages sus- 
 tained by reason of .siicli offence or injury, to be recovered by 
 action or motion in any court of record. 
 
 4. In order to provide for payment for the said works, the Ina , p8we 
 said city may issue bonds bearing interest not exceeding eight boudsfor fhff 
 
 17 
 
130 THE NORFOLK CITY WATER WORKS. 
 
 P er cen tum per annum ; which bonds shall be known as the 
 applied u Norfolk city water bonds " the proceeds of which shall not 
 
 be applied or used for other purposes and all the net revenues 
 water woSw; or income derived from the said works and for the use of the 
 how applied water, shall be applied exclusively to the payment of the in- 
 terest and principal of the said bonds ; and the councils of the 
 said city are authorized to lew a special tax, to be known as 
 water tax the "water tax," on all real and leasehold property situated on 
 such streets, lanes and squares in the said city as the main or 
 other pipes of the said water works may pass along ; the pro- 
 ceeds of which tax shall also be applied exclusively to the 
 payment of the interest and principal of the said bonds. 
 
 Commencem t * m , . ii-ni P o-i 
 
 5. This act shall be in force from its passage. 
 
 Acts oj Assembly of Virginia, 1870-71, pages, 254, 255. 
 
 CHAP. 172. An ACT to amend and re-enact the first and fourth sec- 
 tions of an act entitled an act to authorize the city of Norfolk to 
 construct Water Works for the use of the people of said city. 
 Passed January 14th, 1867. 
 
 Approved March 22d, 1871. 
 
 Amendinkan 1. Be it enacted by the General Assembly, that the first and 
 
 fngthe h c?[y Z tof ur th sections of the act entitled an act to authorize the city 
 
 construct o f Norfolk to construct water works for the use of the people 
 
 1 of the said city, passed January llth, 1867, be amended and 
 
 re-enacted so as to read as follows : 
 
 It shall be lawful for the city of Norfolk to construct suit- 
 able works to convey a supply of water from some point in 
 Dismal Swamp, Norfolk county, or such other place as the 
 said city may select, into the said city ; and the said city may 
 acquire and hold for that purpose a slip of land not exceeding 
 one hundred feet in width, and other lands at the termini and 
 stations of their works in the city and county of Norfolk, and 
 in any other county and counties in this Commonweal th. not 
 exceeding one hundred acres ; and shall have the same rights 
 and powers in respect to obtaining right of way, and lands fur 
 their pipes, aqueducts and other suitable structures and fixtures 
 for securing and conveying water, as are conferred upon rail- 
 road and other internal improvement companies by the Code 
 of Virginia; and may hold, use and employ such machinery, 
 boats, apparatus, and other appliances as they may deem pro- 
 per for supplying the said city with water and for the transac- 
 tion of the attendant business. 
 
 4. In order to provide for payment of said works, the 
 said city may issue bonds, bearing interest not exceeding eight 
 per centum per annum ; which bonds shall be known as the 
 " Norfolk city water bonds," the proceeds of which shall not 
 be applied or used for other purposes, and all the net revenues 
 or income derived from the said works and for the use of the 
 water, shall be applied exclusively to the payment of the interest 
 and principal of the said bonds ; and the councils of the said 
 city are authorized to levy a special tax, to be known as the 
 
THE NORFOLK CITY WATER WORKS. 131 
 
 " water tax," upon all property in the said city, real and per- 
 sonal, and on such other subjects as may be assessed with State 
 taxes against persons residing in the said city ; the said levy 
 to be made in the mode prescribed by law and the Constitution 
 of this State for the levy of other taxes by the said city. 
 2. This act shall be in force from its passage. 
 
 AN ORDINANCE 
 
 Concerning the erection of the Norfolk City Water Works and the 
 maintenance of the same, as provided for in the a.ct oi' the General 
 Assembly of the State of Virginia, entitled an act to authorize the 
 city of Norfolk to construct Water Works for the use of the people 
 of the said city. Passed January 14, 1867. 
 
 1. Be it enacted by the select and common councils of the Ordinance 
 city of Norfolk, that five persons be appointed, who shall be Jan - 14 ' 18( 
 residents thereof, to be known as the board of water commis- 
 sioners of the city of Norfolk, who shall serve in that capacity 
 
 until the completion of the works therein provided for, unless |J^SJ5Sd tton 
 removed by the councils for incompetency or malfeasance in 
 said office. Should a vacancy occur from any cause the coun- 
 cils shall have power to fill the vacancy. 
 
 2. Said commissioners shall be appointed at a joint nieeting How eleoted 
 of the councils to be called for that purpose, and the parties 
 
 so appointed shall be declared the board of water commission- 
 ers of the city of Norfolk. The salaries of the commissioners 
 shall be hereafter provided for by the councils. 
 
 3. It shall be the duty of the said board of water commis- powers and 
 sioners to manage the affairs and business of said water works, duties of 
 to employ labor, to receive proposals, and to award contracts. 
 
 They shall appoint a competent scientific engineer, who shall 
 make all requisite surveys and specifications for all portions 
 of the works, and who shall report and be subject to the con- 
 trol of said board ; and also appoint such other officers as they 
 may deem necessary for the construction of said works. And 
 the said board of water commissioners are prohibited from 
 being interested in any way with the contracts which may be 
 made, either pecuniar ly or otherwise. 
 
 4. The said board are hereby authorized to enter upon any Board may 
 land or water for the purpose of making surveys, and to agree Jjjjjjj upon 
 with the owner or owners of any property which may be re- 
 quired for the purposes of said works, as to the amount of 
 damage and compensation to be paid said owner or owners, as pro- 
 vided for in the act of General Assembly. And further, the said 
 
 board, in behalf of the corporation of the city of Norfolk, and 
 all persons acting under their authority, shall have the right 
 to use the ground or soil under any street, road or highway, 
 within the county or city, for the purpose -of introducing 
 water into the city, on condition that they cause the surface of 
 said street, road or highway to be restored to its original state, 
 and all damage caused by introducing said water be repaired. 
 
 5. It shall be the duty of the city councils at the expiration Councils to 
 of ever quarter to appoint a committee of one from the select appoint a 
 
132 
 
 THE NORFOLK CITY WATER WORKS. 
 
 committee on 
 
 water 
 
 Board author- 
 ized to draw 
 on treasurer 
 
 Bonds 
 
 Contracts ; 
 how made 
 
 City attorney 
 to act for 
 board 
 
 Work to be 
 paid for with 
 bonds 
 
 Issue of bonds 
 authorized 
 
 and two from the common council, whose duty it shall be to 
 examine works, contracts, &c., entered into by the water com- 
 missioners, and if said committee shall find that any excessive 
 or exorbitant prices have been allowed for any damage to prop- 
 erty, or for any property purchased, or for work or labor done, 
 said committee shall have power to prefer charges of incom- 
 petency or malfeasance, as provided for in section one, and 
 shall report the same to the councils. 
 
 6. The said board of water commissioners are hereby author- 
 ized to draw upon the treasurer of the city of Norfolk for any 
 purpose authorized by this ordinance. Such drafts shall speci- 
 fy the objects for which they may be drawn, and shall be 
 countersigned by the chairman and one other member thereof. 
 It is hereby made the duty of the said treasurer to pay such 
 drafts out of the funds herein provided for, and from no other 
 source. 
 
 7. The said water commissioners, each and every one of the 
 same, before entering on the execution of the duties hereby 
 imposed upon him or them, shall execute to the city of Nor- 
 folk a bond, with sufficient securities, in the penalty of twenty 
 thousand dollars, for the faithful performance of the duties of 
 the office. 
 
 8. All contracts for materials, or for the construction of the 
 works, shall be made in writing. Public notice shall be given 
 of the time and place at which sealed proposals will be received 
 for entering into contract. Every person who shall enter into 
 contract for the supply of materials, or the performance of 
 labor, shall give satisfactory security to the commissioners for 
 the faithful performance of his contract according to its 
 terms. 
 
 9. It shall be the duty of the corporation attorney to attend 
 to all legal business for the said board of commissioners, and 
 under their direction prepare all deeds, contracts, and other 
 legal writings required by them. For so doing, the said cor- 
 poration attorney shall be entitled such remuneration as shall 
 be certified to by said water commissioners, to be paid by the 
 treasurer upon such certificates. 
 
 10. All work contracted for, and material furnished for the 
 construction of the works, shall be paid for in the said water 
 bonds, or the proceeds of the same. Tiie said water commis- 
 sioners shall quarterly, or at any time required by the councils, 
 report to the said councils a general exhibition of the state of 
 the works, including a full detail of the moneys or bonds ex- 
 pended. 
 
 11. Be it further ordained by the select and common coun- 
 cils of the city of Norfolk, that the treasurer of the city be 
 authorized and empowered, under the directions of the said 
 commissioners, to issue twenty year coupon bonds to the 
 amount of five hundred thousand dollars, bearing an annual 
 rate of interest of six per cent, per annum in gold, and pay- 
 able semi-annually at the Park Bank of New York. The said 
 bonds to be delivered to said water commissioners as the work 
 progresses, they giving their receipt for the same. These 
 
THE NORFOLK CITY WATER WORKS. 133 
 
 bonds shall be known as the Norfolk city water bonds, and 
 shall be countersigned by the chairman of the board of water 
 commissioners. And be it further ordained, in order to meet 
 the interest of the said bonds, a specific ad valorem tax of one g ecial water 
 half of one per cent, shall be assessed on all lands or property tax fcfb?* 
 in the city of Norfolk as now, or hereafter may be assessed, to levied 
 have the Jike operation and effect upon said lands or property 
 the said tax to be collected by the city collector as other city 
 taxes now are, or hereafter may be collected. All moneys de- 
 rived from the taxes thus assessed shall be set apart as a fund 
 inviolate, for the express purpose of liquidating the interest 
 and principal of the said bonds, and it shall in no case whatso- 
 ever be used or appropriated for any other purpose than the 
 above mentioned. 
 
 This ordinance shall be in effect from its passage. 
 
 July 21 and July 28, 0. C., 1870; S. 0. July 28, 1870. 
 
 AMENUMKNT. Eleventh section amended to read as follows : 
 To strike out six per cent, payable in gold, and make the same 
 eight per cent, currency, payable at the National Park Bank, 
 New York. 
 
 Common council, September 6th ; Select council, 9th. 
 
 NOTE, The above ordinance appears to be practically repealed by the 
 following: . 
 
 AN ORDINANCE 
 
 To amend an ordinance passed on the 28th day of July, A. D. 1870 
 entitled an ordinance concerning the erection of the Norfolk City 
 water works and the maintenance of the same, as provided for in 
 the act of the General Assembly of the State of Virginia, entitled 
 an act to authorize the city of Norfolk to construct water works 
 for the use of the people of the said city, passed January 14, 1867. 
 
 1. Be it enacted by the select and common councils of the 
 
 city of Norfolk, that the ordinance concerning the erection o f Amendment 
 the Norfolk city water works and the maintenance of the same, 
 passed on the 28th day of July, 1870, be amended and re- 
 enacted so as to read as follows: 
 
 " 1. Five persons, residents of the city of Norfolk, shall be Board 
 appointed water commissioners by the councils, in joint meet- orfiranlzed 
 ing assembled, called for that purpose. The persons so ap- 
 pointed shall constitute a board, to be called * The board of 
 water commissioners of the city of Norfolk.' " 
 
 2. The said commissioners shall hold their offices for two Term of office 
 years from date of election, unless removed by the councils, in 
 
 joint meeting assembled, for incompetency or malfeasance in 
 office, at the expiration of which time three commissioners 
 shall be appointed which shall constitute the said board. Each 
 of the said commissioners shall, before the presidents of the 
 two councils of the said city, with surety deemed sufficient by 1 
 the said presidents, give bond in the penalty of twenty thous- 
 and dollars, payable to the city of Norfolk, and with condition 
 for the faithful discharge by him of the duties of his office, and 
 shall receive a salary of five hundred dollars per annum dur- 
 ing his continuance in office, payable quarterly, out of any 
 
134 
 
 THE NORFOLK CITY WATER WORKS. 
 
 Powers and 
 duties of 
 board 
 
 Board may 
 enter upon 
 lands 
 
 Councils to 
 appoint water 
 committee 
 quarterly 
 
 How board 
 shall be 
 organized 
 
 Contracts ; 
 how made 
 
 funds provided for by this ordinance, which shall commence 
 on the 28th day of July, 1871. 
 
 3. It shall be the duty of the said board to employ labor, 
 receive proposals and make contracts ; to appoint a competent 
 scientific engineer, whose duties shall from time to time be 
 prescribed by the said board; to appoint such other officers 
 as they may deem decessary, and to govern and manage the 
 said water works, and all business and affairs relating thereto 
 or connected therewith. But no member or members of the 
 said board shall be personally interested, directly or indirectly, 
 in any contract made by the said board. 
 
 4. The said board, and its officers, agents and servants act- 
 ing by the authority of the said board, shall have power to 
 enter upon any lands for the purpose of examining the same 
 and surveying and laying out such as may seem fit to any 
 officer authorized by said board, provided no injury be done 
 to the owner or possessor of the land ; to agree in the manner 
 prescribed by an act of the General Assembly passed January 
 14,1867, with those entitled to lands wanted for the purposes 
 of the said water works ; and, in behalf of the corporation of 
 the city of Norfolk, to use the ground or soil under any street, 
 road or highway within the county or city of Norfolk for the 
 purposes of the said water works, but to restore the ( surface 
 of such street, road or highway, as near as may be, to its 
 original condition, and repair all damage caused by such use 
 thereof. 
 
 5. It shall be the duty of the city councils, at the expiration 
 of every quarter, to appoint a committee of one from the select 
 and two from the common council, whose duty it shall be to 
 examine work, contracts, &c., entered into by the water com- 
 missioners, and if said committee shall find that any excessive 
 or exorbitant prices have been allowed for any damage to 
 property, or for any property purchased, or for work or labor 
 done, said committee shall have power to prefer charges of in- 
 competency or malfeasance, as provided for in section two, and 
 shall report the same to the councils. 
 
 6. The said board shall appoint from their own body a 
 chairman, secretary and treasurer, and the duties of each shall 
 be prescribed by the said board ; and the treasurer, in addi- 
 tion to the bond required of him as a member of the said 
 board by section two of this ordinance, shall, before entering 
 upon the duties of his office of treasurer, before the presidents 
 of the common and select councils of the city of Norfolk, with 
 surety deemed sufficient by the said presidents of the select 
 and common councils of the city of Norfolk, give bond in the 
 penalty of fifty thousand dollars, payable to the city of Nor- 
 folk, with condition for the faithful discharge by him of the 
 duties of his said office of treasurer of said board. 
 
 7. All contracts for materials or for the construction of the 
 said works, or any part thereof, shall be in writing. Public 
 notice, in one or more newspapers printed in the city of 
 Norfolk and elsewhere, at the discretion of the said board, shall 
 be given of the time and place at which sealed proposals for 
 
THE NORFOLK CITY WATER WORKS. 135 
 
 such contracts will be received ; and the contractors shall, under 
 the direction of the said board, with surety deemed sufficient 
 by the said board, give bond in such penalty as the said board 
 may require, payable to the city of Norfolk, and with condition 
 for the faithful performance by them of such contract. 
 
 8. All work contracted for, and material furnished for the Work paid for 
 construction of the said water works, shall be paid for in water in 
 
 bonds herein provided for, or the proceeds of the same; and 
 the said board shall monthly report to the councils the state 
 of the said water works, and an account specifying the bonds 
 and moneys received and disbursed by them. 
 
 9. Coupon bonds of the city of Norfolk, which shall be coupon bonds 
 known as the Norfolk city water bonds, to the amount of five ^^^."s^r 
 hundred thousand dollars, bearing interest at the rate of eight cent. 
 
 per centum per annum, payable semi-annually, shall be issued. 
 The said bonds shall be in such form as may be prescribed by 
 the said board, and be signed by the mayor and treasurer of the 
 city of Norfolk, and countersigned by the chairman of the said 
 board, and each shall be for such sum as may be directed by 
 the said board. The said bonds, when and as they may be so 
 signed and countersigned, shall be delivered to the said board 
 by the treasurer of the said city, and the said board shall deposit 
 their receipts therefor with the said treasurer, signed by the 
 chairman and countersigned by the treasurer of the said board. 
 The said bonds shall, from time to time, be sold by the said 
 board, at their discretion, for the best price or prices the said 
 board can obtain for the ^ame ; and such bonds, or the pro- 
 ceeds of such bonds, shall be used by the said board for pay- 
 ment for the said works, and all expenses attending the same, 
 and shall not be applied or used for other purposes ; and the 
 said city shall convey by deed of trust to three persons to- Deed of trust 
 wit: Captain James Cornick, Thomas J. Corprew, of Norfolk, to secure 
 and H. C. Hardy, of New York city the said water works, bc 
 together with all the lands, buildings, machinery, pipes, and 
 appurtenances to the said water works belonging, then or there- 
 after to be acquired or connected therewith, and all the reve- 
 nues and income which may be derived from the said works or 
 for the use of water, in trust, to secure the payment of the 
 interest and principal of the said bonds, and the said deed of 
 trust shall, on the part of the said city, be executed by the 
 presidents of the select arid common councils, and sealed with 
 the seal of the said city; and a special tax, to be known as the special tax to 
 water tax, of one-half of one per centum of the assessed value be levied 
 of all real and lease-hold property situated on such streets, 
 lanes and squares in the said city as the main or other pipes of 
 the said water works may pass along, shall be levied annually, 
 on such real and leasehold property, and collected as other 
 taxes levied by the said city shall be collected ; and the pro- 
 ceeds of said water tax shall be applied exclusively to the pay- 
 ment of the interest and principal of the said bonds. The 
 said board shall, with all convenient dispatch, designate in 
 such manner as they may deem expedient, such streets, lanes 
 and squares in the said city, as the main or other pipes of the 
 
136 
 
 THE NORFOLK CITY WATER WORKS. 
 
 Repeal of 
 prior ordi- 
 nances 
 
 said water works shall pass along. The city collector shall 
 pay monthly to the treasurer of the said board all the proceeds 
 of the said v water tax collected by the said collector, and the 
 said proceeds shall be applied by the said board exclusively to 
 the payment of the interest and principal of the said bonds ; 
 and any and every year when the proceeds of the said water 
 tax, together with the net revenue and income derived from 
 the said works, shall exceed the annual interest payable on the 
 said bonds, such excess shall be set apart by the said board as 
 a sinking fund, and invested by them in said bonds, or other- 
 wise, as they may deem most expedient ; and such sinking fund 
 shall be applied to the payment of the principal of the said 
 bonds when they shall fall due. And the said board shall pay 
 out of any moneys which may come to their hands the interest 
 of the said bonds, half yearly, as the same shall accrue. The 
 persons heretofore appointed water commissioners shall continue 
 in office, and hold the same under the same tenure prescribed 
 by section two of this ordinance, as amended ; and all acts 
 which have been done by them in pursuance of the ordinance 
 passed on the 28th day of July, A. D. 1870, shall be valid and 
 effectual. All the provisions^ and parts of the provisions of 
 said ordinance, passed on the 28th day of July, 1870, inconsis- 
 tent with this ordinance, or not hereby re enacted, are hereby 
 repealed. 
 
 This ordinance shall be in force from and after the passage 
 thereof. 
 
 Passed common council March 2, 1871 ; select council, Feb- 
 ruary 14, 1881. 
 
 NOTE. Sections one, two, four and nine are amended by subsequent 
 ordinances. 
 
 Amending 
 section 4 
 
 Board may 
 enter upon 
 lauds, &c 
 
 AN ORDINANCE 
 
 To amend the fourth and ninth sections of an ordinance passed on 
 on the 2d day of March, 1871, amending an ordinance passed on 
 the 28th day of July, A. D. 1870, entitled an ordinance concerning 
 the erection of the Norfolk City Water Works, and the maintenance 
 of the same a,s provided for in the a,ct of the General Assembly of 
 the State of Virginia, entitled an act to authorize the city of Nor- 
 folk to construct Water Works for the use of the people of the said 
 city, passed January 14th, 1867, " which act" has been subsequently 
 amended by an act of the General Assembly of the State of Vir- 
 ginia, passed at the session of 1870-'71. 
 
 Be it enacted by the select and common councils of the city 
 of Norfolk, that the fourth section of the ordinance passed 
 March 2d, 1871, be amended so as to read as follows : 
 
 4 The said board, and its officers, agents and servants acting 
 by the authority of tbe said board, shall have power to enter 
 upon any lands for the purpose of examining the same and 
 surveying and laying out such as may seem fit to any officer 
 authorized by the said board, provided no injury be done to the 
 owner or possessor of the land ; to agree in the manner pre- 
 scribed by an act of the General Assembly passed January 14th, 
 1867, as amended by an act of the General Assembly passed 
 
THE NORFOLK CITY WATER WORKS. 137 
 
 at the session of 1870 and 1871, with those entitled to land 
 wanted for the purposes of the said water works, and in behalf 
 of the corporation of the city of Norfolk, to use the ground 
 or soil under any street, road or highway within the county or 
 city of Norfolk for the purposes of the said water works, but 
 to restore the surface of such street, road or highway, as near 
 as may be, to its original condition, and repair all damage 
 caused by such use thereof. 
 
 Section nine to be amended so as to read as follows : Amending 
 
 9. Coupon bonds of the city of Norfolk having thirty years section 9 
 to run from the 1st day of May. 1871. which shall be known coupon bonds 
 as the Norfolk City Water Bonds, to the amount of five hundred S^! per 
 thousand dollars, interest payable at the National Park Bank, 
 city of New York, and bearing interest after the rate of eight 
 per centum, payable semi-annually, shall be issued. The said 
 bonds may be in such form as may be prescribed by the said 
 board, and be signed by the mayor and treasurer of the city of 
 Norfolk, and countersigned by the chairman of the said board, 
 and each shall be for such sum as may be directed by the said 
 board. The said bonds, when and as they may be signed and 
 countersigned, shall be delivered to the said board by the 
 treasurer of the said city, and the Faid board shall deposit 
 their receipts therefor with the said treasurer, signed by the HOW bonds ^to 
 chairman and countersigned by the treasurer of the said board, and issued 
 The said bonds shall, from time to time, be sold by the said 
 board, at their discretion, for the best price or prices the said 
 board can obtain for the same. And such bonds, or the pro- 
 ceeds of such bonds, shall be used by the said board for pay- 
 ment for said works, and all expenses attending the same, and 
 shall not be applied or used for other purposes ; and the said 
 city shall convey by deed of trust to three persons, to-wit: 
 Chas. H. Rowland. Thomas J. Corprew and Henry C. Hardy. Trustees 
 of the city of Norfolk, the said water works, together with all named 
 the lands, buildings, machinery, pipes and appurtenances to 
 the said water works belonging, then or thereafter to be acquir- 
 ed or connected therewith, together with the rights and fran- 
 chises of the city in said water works, and all the resources 
 and income which may be derived from said works and. for the 
 use of the water, in trust to secure the interest and principal 
 of said bonds. The said deed of trust shall be in such form 
 and shall contain such usual provisions and conditions as shall 
 be approved by the board, and shall be executed on the part of 
 the city by the presidents of the select and common councils, 
 and sealed with the seal of the city. A special tax shall also special tax to 
 be levied annually until the whole principal sum of said bonds 
 is paid, to be known as the water tax, one-eighth of one per 
 cent, upon all property in the city, real and personal, and on 
 such other subjects as may be assessed with State taxes against 
 persons 'residing in the said city, the said levy to be made in 
 the mode prescribed by law and the constitution of the State, 
 for the levy of other taxes by the said city, and collected as 
 other taxes levied by the city shall be collected, in current 
 funds, and the proceeds of the said water tax shall be applied 
 
 18 
 
138 
 
 THE NORFOLK CITY WATER WORKS. 
 
 to be estab- 
 lished by 
 board 
 
 exclusively to the payment of the interest and principal of the 
 said bonds. The city collector shall pay semi-monthly to the 
 treasurer of the said board all the proceeds of the said water 
 tax collected by the said collector, and the said proceeds snail 
 be applied by the board exclusively to the payment of the 
 interest of said bonds, and the surplus, if any, after the pay- 
 ment of the interest, to the payment of the principal ; and 
 any and every year when the proceeds of the said water tax, 
 together with the net revenue and income derived from the 
 said water works shall exceed the annual interest payable on 
 the said bonds, said excess shall be set apart by the said board 
 Sinking fund as a sinking fund, and invested by them in said bonds or other- 
 
 + /- Vva atoK . O -I I 1 1 t 
 
 wise, as they may deem most expedient, and such sinking fund 
 shall be applied to the payment of the principal of the said 
 bonds when they shall fall due. And the said board shall pay 
 out of any moneys which may come to their hands the interest 
 of the said bonds half-yearly as the same may accrue. The 
 persons heretofore appointed water commissioDers shall con- 
 tinue in office and hold the same under the same tenure pre- 
 scribed by section 2 of this ordinance as amended, and all acts 
 which have been done by them in pursuance of the ordinance 
 passed on the 28th day of July, A. D. 1870, shall be valid and 
 effectual. All the provisions and parts of the provisions of 
 the said ordinance passed on the 28th day of July, A. D. 1870, 
 as amended and re-enacted March 2d, 1871, inconsistent with 
 this ordinance, or not hereby re enacted, are hereby repealed. 
 This ordinance shall be in force from and after the passage 
 thereof. 
 
 Passed select council, August 31, 1871 ; common council, 
 August 21, 1871. 
 
 Note subsequent amendment to section nine . 
 
 Number of 
 
 mSi from 8 
 m 
 
 AN ORDINANCE 
 
 To amend section one of an ordinance concerning the erection of the 
 Norfolk City Water Works, and the maintenance of the same. 
 
 ^ e ^ enac ^ e< ^ ^v the select and common councils that 
 section 1 of an ordinance concerning the erection of the Nor- 
 folk city water works, be amended so as to read in place of the 
 word three, the word five. 
 
 2. This ordinance shall be in force from and after its 
 passage. 
 
 Passed common council, November 15, 1871 ; select council, 
 November 15, 1871. 
 
 AN ORDINANCE 
 
 To amend an Ordinance passed on the 1st day of September, 1871 , 
 entitled an Ordinance to amend the fourth and ninth sections of an 
 Ordinance passed on the 3d day of March, 1871, amending an Ordi- 
 nance passed on the 28th day of July, 1870, entitled an Ordinance 
 concerning the erection of the Norfolk City Water Works, and the 
 maintenance of the same, as provided for in the act of the General 
 Assemby of the State of Virginia, entitled " An Act to authorize 
 
THE NORFOLK CITY WATER WORKS. 139 
 
 the city of Norfolk to construct Water Works for the use of the 
 people of the said city, passed January 14th, 1867, which act has 
 been subsequently amended by an act of the General Assembly of 
 the State of Virginia, passed at the session of 1870-71. 
 
 1. Be it enacted by the select and common councils of the Amending 
 city of Norfolk, that the ninth section of the ordinance passed se 
 March 2d, 1871, as amended by the ordinance passed Septem- 
 ber 1st, 1871, as set out above in the title of this ordinance, 
 be and the same is hereby amended so as to read as follows : 
 
 9. Coupon bonds of the city of Norfolk having thirty years to Coupon bonds 
 run from the 1st day of May, 1871, which shall be known as |S owflUr 
 the "Norfolk City Water Bonds," to the amount of five hundred f^{J ue &y 
 thousand dollars, interest payable at the National Park Bank, 
 city of New York, and bearing interest at the rate of eight 
 per centum per annum, payable semi-annually, shall be issued; 
 the said bonds shall be in such form as may be prescribed by 
 the said board, and be signed by the mayor and treasurer of 
 the city of Norfolk, and countersigned by the chairman of the 
 said board ; and each shall be for such sum as may be directed 
 by the said board ; the said bonds, when and as they may be 
 so signed and countersigned, shall be delivered to the said 
 board by the treasurer of the said city, and the said board 
 shall deposit their receipts therefor with the said treasurer, 
 signed by the chairman and countersigned by the treasurer of 
 the said board ; the said bonds shall be sold by the board, at 
 their discretion, for the best price or prices the said board can 
 obtain for the same'; and such bonds, or the proceeds of such 
 bonds, shall be used by the said board for payment for said 
 works, and all expenses attending the same, and shall not be 
 applied or used for other purposes ; and the said city shall 
 convey by deed of trust to three persons, to-wit : Charles H. 
 Rowland, Thomas J. Corprew and Henry C. Hardy, of the city <S te( 
 of Norfolk, the said water works, together with all the lands, 
 buildings, machinery, pipes and appurtenances to the said 
 water works belonging, then and thereafter to be acquired or 
 connected therewith, together with the rights and franchises 
 of the city in said water works, and all the resources and 
 income which may be derived from said works and for the 
 use of the water, in trust to secure the interest and principal 
 of said bonds. The said deed of trust shall be in such form 
 and shall contain such -usual pro visions and conditions as shall 
 be approved by the board, and shall be executed on the part 
 of the city by the presidents of the select and common coun- 
 cils, and sealed with the seal of the city. A special tax, suffi special tax 
 cient to pay the interest on said bonds, shall also be levied JnJSaSiy to 
 annually until the whole principal sum of said bonds are paid, iy interest 
 to be known as the water tax, upon all property in the city, 
 real and personal, and on such other subjects as may be assessed 
 with State taxes against persons residing in said city, the said 
 levy to be made in the mode prescribed by law and constitution 
 of the State, for the levy of other taxes by the said city, and 
 collected at the same time and in the same manner as other 
 taxes levied by the said city shall be collected, in current 
 
140 
 
 THE NORFOLK CITY WATER WORKS. 
 
 Duty of city 
 collector 
 
 funds, and the proceeds of said water tax shall be applied 
 exclusively to the payment of the interest and principal of the 
 said bonds. The city collector shall pay semi-monthly to the 
 treasurer of the said board all the proceeds of the said " water 
 tax" collected by the said collector, and the proceeds shall be 
 applied by the said board exclusively to the payment of the 
 interest of said bonds, and surplus, if and, after the payment 
 of interest, to the payment of the principal; and any and 
 every year when the proceeds of the said water tax, together 
 with the net revenue and income derived from the said water 
 works shall exceed the annual interest payable on the said 
 bonds, such excess shall be set apart by the said board as a 
 sinking fun i sinking fund, and invested by them in said bonds or other- 
 wise, as they may deem most expedient, and such sinking fund 
 shall be applied to the payment of the principal of said bonds 
 when they shall fall due. And the said board shall pay out of 
 any moneys which may come to their hands the interest of 
 the said bonds half-yearly as the same shall accrue. The per- 
 sons heretofore appointed water commissioners shall con- 
 tinue in office and hold the same under the same tenure pre- 
 scribed by section two of this ordinance as amended, and all 
 acts which have been done by them in pursuance of the ordi- 
 nance passed the 28th day of July, A. D. 1870, shall be valid 
 and effectual. All the provisions and parts of the provisions 
 of the said ordinance passed on. the 28th day of July, A. D. 
 1870, as amended and re-enacted March 3d, 1871, inconsistent 
 with this ordinance, are hereby repealed. 
 
 2. And be it enacted, that nothing contained in the said 
 ordinance passed September 1st, 1871, shall operate a repeal 
 of any previous ordinances or parts of ordinances except so 
 far as incontistent therewith, and all the said ordinance of 
 March 2d, 1871, with the amendments under said ordinance 
 passed September 1st, 1871, shall be operative to the same 
 extent as though the language of the ninth section under said 
 ordinance passed September 1st, 1871, had been the same as 
 prescribed by this ordinance for said ninth section ; and this 
 ordinance shall be in force from and after the passage thereof. 
 
 Passed April 2, 1872. 
 
 Amending 
 clause. 
 
 Explanatory 
 of ordinance 
 Sept. 1, 1871 
 
 Water tax for 
 
 1872 
 
 AN ORDINANCE 
 
 To provide for the payment of the interest on the bonds issued by 
 the city of Norfolk, for the purpose of erecting water works and 
 for the maintenance of the same. 
 
 1. Be it ordained by the select and common councils of the 
 city of Norfolk, that the special tax for the year 1872, and 
 for each succeeding. year, to be called the " water tax," shall 
 be at and after the rate of twenty-five cents on each hundred 
 dollars valuation of all real and personal property which is 
 taxed generally by the said city of Norfolk, and the said tax 
 shall be assessed and collected at the same time apd in the 
 same manner as the general tax levied for the use of the said city, 
 
THE NORFOLK CITY WATER WORKS. 141 
 
 except that current funds only shall be receivable for the said 
 tax. 
 
 2. Be it further ordained, that the duties of the commis- JJJJJmlssfoner 
 sioner of the revenue and the collector of the said city shall of^eniS? 61 " 
 in all respects be the same in making out and collecting and and collector 
 making returns of the said special tax roll, as is provided for 
 
 by law or ordinance in respect to the general tax levy of the 
 said city; and the same fees pro rata shall be allowed to them, 
 and the same penalties for any neglect of the duties hereby 
 imposed upon the said officers, or either of them, are hereby 
 provided for. 
 
 3. This ordinance shall be in force from and after its pas- 
 sage, and all ordinances and parts of ordinances in conflict 
 with this ordinance are hereby repealed. 
 
 Passed common council, May 10th, 1872; select council, 
 May 10th, 1872. 
 
 AN ORDINANCE 
 
 To provide for the registration, at the option of the owners and 
 holders thereof, of any of the bonds issued by the city of Norfolk 
 for the purpose of erecting water works, and for the maintenance 
 of the same. 
 
 Whereas, Under and by virtue of certain ordinances h ere -p reamble 
 tofore passed by the select and common councils of the city 
 of Norfolk, the city of Norfolk hath issued its coupon bonds, 
 payable to the bearer thereof to the amount of five hundred 
 thousand dollars, known as the Norfolk City Water Bonds, 
 for the purpose of erecting and and maintaining water works for 
 said city, and in order to secure the payment of the principal 
 and interest of the said bonds, hath executed to a board of 
 trustees a mortgage of all the property to be used for such 
 purpose, and the revenues and income to be derived there- 
 from ; and, whereas, it is now represented to the select and 
 common councils of said city that, in order to avoid certain 
 risks attendant upon the ownership of bonds payable to the 
 bearer of the same, certain of the holders of the same may 
 from time to time desire to procure such a registration of the 
 bonds as will prevent the same being thereafter, or until en- 
 dorsement to that effect, payable to bearer, and will make the 
 same transferable only upon certain books to be kept as herein 
 provided. 
 
 1. Be it ordained by the select and common councils of the 
 city of Norfolk, that it shall be the duty of the treasurer 
 the board of water commissioners of the city of Norfolk 
 procure and keep a book, which shall be the property of the tion of bonds 
 said board in the city of Norfolk, and upon presentment to 
 the said treasurer of any of said bonds and coupons known as 
 the Norfolk City Water Bonds, issued as aforesaid, and payable 
 to the bearer, and at the request of the bearer of the same, 
 the said treasurer shall register and enter in said book the 
 
142 
 
 THE NORFOLK CITY WATER WORKS. 
 
 Transfer of 
 
 bearer 
 
 number and amount of such bond or bonds, but not the 
 coupons ; the name of the bearer who hath so presented the 
 same, the date of such presentment, and the name of the party 
 or parties in whose name such bond or bonds shall be regis- 
 tered as the owner thereof; and he shall cause the bearer of 
 the said bond or bonds to sign his name in said book, with a 
 designation of the capacity in which he acts, whether as attor- 
 ney of the owner or as owner of said bond or bonds ; and the 
 said bond or bonds, and the said book, shall be so prepared as 
 to admit conveniently of such entries from time to time in 
 columns ; and the said treasurer shall thereupon endorse upon 
 the back of each of said bonds the words following : " Regis- 
 tered on the books of the treasurer of the board of water 
 commissioner of the city of Norfolk to --- , on the 
 day of - , and transferable only on the said books"; and 
 he shall date the same and sign the same as such treasurer, 
 and thereafter the said bond or bonds, but not the coupons, 
 shall be transferable only upon said .books upon the present- 
 ment of said bond or bonds by such registered owner, his 
 personal representatives under the appointment of the proper 
 authority, at the residence of such owner, or by his or their 
 duly constituted attorney in fact. 
 
 2. And be it further ordained, that whenever any bond or 
 bonds which hath or have been so registered shall be presented 
 for transfer to the said treasurer, it shall be his duty to enter 
 in the book before mentioned, or in another book to be kept 
 by him for the purpose at the said office, and as the property 
 of the said board of water commissioners, the amount or 
 amounts, number or numbers of such bond or bonds, the name 
 of such registered owner or owners, the date of the present- 
 ment for transfer, and the name of the party or parties to 
 whom the same is or are transferred ; and he shall cause the 
 said owner, his personal representative, or his or their attorney 
 in fact to sign such transfer in said book, and he shall care- 
 sully preserve and file all evidences of administration and 
 power of attorney upon which transfers may be based ; and 
 said treasurer shall thereupon endorse on the said bond or 
 bonds the words following; "Transferred on the books of the 
 treasurer of the water commissioners of the city of Norfolk 
 to -- ," and he shall date and sign the same as such 
 treasurer. 
 
 $ And be it further ordained, that any registered owner of 
 a bond may transfer the same in the manner aforesaid to the 
 bearer, when the endorsement shall be made upon the bond as 
 follows : " Transferred on the books of the treasurer of the 
 water commissioners of the city of Norfolk to and now pay- 
 able to the bearer," dated and signed by the said treasurer as 
 aforesaid, and thereafter the said bond shall pass by delivery 
 in the same manner as though the same had never been regis- 
 tered, until the same shall be thereafter again registered in 
 the manner stated in the first section of this ordinance. 
 
 4. Be it further ordained, that the endorsement before men- 
 tioned may be printed upon the said bonds, with the excep- 
 
THE NORFOLK CITY WATER WORKS. 143 
 
 tion of the date and signature of the treasurer. 
 
 Passed common and select councils, February 14, 1873. 
 
 AN ORDINANCE 
 For the regulation and protection of the Norfolk City Water Works. 
 
 1. It shall be unlawful for any person except the engineer N O person to 
 or superintendent to take water from any public or private * ake wate . r 
 
 i j L / -if i j j. ii i \ i from works 
 
 hydrant (except such free hydrants as may be opened), plug, without 
 street-washer, draw-cock, hose -pipe or fountain (except for fire perrait 
 purposes or for the use of the fire department in case of fire), 
 or in any way use or take any water for private use which is 
 furnished by the water works, unless such person shall first 
 pay for the same and receive the usual permit from the regis- 
 ter of the water works so to do. 
 
 2. No person shall open any fire hydrant or remove or ob- Opening 
 struct the stop-cock cover of any hydrant, private stop -cock in'juSng^rob- 
 of any street washer, place or deposit any dirt or other material structing 
 
 * / 1 . . , IT i water works 
 
 in such stop-cock boxes, or turn any public or private stop- 
 cock, or commit any act tending to obstruct the use thereof, 
 or injure in any manner any building, machinery, pipe, appa- 
 ratus, tools, or fixtures of the water works. Filth chi 
 
 3. No person shall put any filth, animal or vegetable mat- &c., mSt to be 
 ter, chips, shavings, or any other substance on the water works UJ^JJ water 
 property, or do any injury thereto. property 
 
 4. No person but the properly authorized agents of the board Tap8 . by 
 of water commissioners shall tap or make any connection with whom made 
 the main or distributing pipes of the water works. 
 
 5. The superintendent and the proper officers of the board Officers to 
 shall have free access, at all reasonable hours, to all parts of J^tte 00688 * 
 any premises to which water is or may be supplied, to make premises 
 necessary examinations. 
 
 6. The board shall have the right to apply a meter to any Meters 
 service pipe where they may deem it advisable. 
 
 7. In all cases where any servant, apprentice, minor, or em- Persons re- 
 ploy ee shall be guilty of any breach of the preceding rules sponsibie for 
 and regulations, the master, mistress, employer, parent, or pioyeee, &c. 
 guardian of such guilty person shall be responsible for and 
 
 subject to prosecution for such violation if in any manner 
 authorizing or tolerating the same. 
 
 8. Any consumer who shall habitually permit others not consumer 
 members of his family to use water from his pipe, and any one others E> use* 
 who shall thus obtain water shall be fined in a sum not less water from 
 than five and not exceeding twenty dollars. 
 
 9. No water shall be taken or used from hydrants at curb- water not to 
 stone except for sprinkling purposes and washing front of curt cxcept m 
 house or houses unless by special permit from the office, and b y permit 
 any one violating the requirements of this section shall be 
 
 fined in a sum not less than five and not exceeding ten dollars 
 for each offense. 
 
 10. Any person violating either of the provisions of the Penalty 
 foregoing regulations shall, upon conviction thereof, be fined 
 
144 THE NORFOLK CITY WATER WORKS. 
 
 not less than five nor more twenty dollars, unless otherwise 
 herein provided, and be liable to all damage and costs accru- 
 ing from such violation and prosecution. 
 
 Board may & rn , , i . 
 
 establish ll. ihat the board of water commissioners are hereby 
 
 regulations authorized to make such by-laws and regulations as they may 
 deem necessary for the safe, economical and efficient manage- 
 ment and protection of the works. 
 
 Passed common council April 22, 1874 ; select council 
 April 22, 1874. 
 
 [NOTE. In obedience to section 69 of the city charter of 
 1884, the councils, in July, 1884, elected three persons to con- 
 stitute the board of water commissioners and serve for two 
 years. The salary of the treasurer is $500 per anuum, but no 
 compensation is allowed to the other commissioners]. 
 
 Rules and Regulations of the Norfolk City Water Works. 
 Adopted by the Board of Water Commissioners. 
 
 1. All applications for the introduction of water into any 
 premises, or for the extension of any water pipe, shall be made 
 to the board in writing, (if by a tenant, with the written con- 
 sent of the owner,) stating fully all the purposes for which it 
 is required, and the locality of the premises to be supplied ; 
 the applicant shall sign the rules and regulations of the board 
 and pay the sum of $5.00 in advance to cover the expense of 
 service pipe, &c., to the curbstone. 
 
 2. No private hydrant will be permitted on the sidewalk or 
 alley, or in front of a building, or on a vacant lot. If there be 
 no yard in the rear of the building, it may be set six feet from 
 front of the house, for which a special permit will be required, 
 and if standing in a yard attached to a dwelling or building, 
 it must be situated two feet from any wall or line of the lot, 
 and must not be permitted to be left running when not in 
 actual use ; and if the drip or waste from such hydrant becomes 
 a nuisance to the adjacent property, or overruns the sidewalk, 
 the supply will be shut oif, and kept off until the evil is satis- 
 factorily corrected. 
 
 3. No horse watering fixtures will be permitted in the streets 
 or on the sidewalks, except upon a license taken out for that 
 purpose. The license must be annually renewed. 
 
 4. No addition to or alteration whatever of any tap, pipe, 
 water-cock, or any other fixture shall be made, or caused to be 
 made, by persons taken water, except by permission first had 
 and obtained from the office. 
 
 5. Persons taking water must keep their service pipes and 
 all fixtures connected therewith, in good repair and protected 
 from frost at their own expense, and must prevent all u< neces- 
 sary waste of water, 
 
 6. The superintendent, or other proper agent of the depart- 
 ment, shall have free access, at all reasonable hours of the day, 
 to all parts of the premises to which water is supplied, to make 
 the necessary examination. 
 
THE NORFOLK CITY WATER WORKS. 145 
 
 7. Service pipe intended to supply two or more distinct 
 premises, or tenements, must be provided with separate ami 
 distinct stop-cocks for cacli tenement on the outside of the 
 same ; or, when only one stop-cock is used by more than one 
 consumer, if any one of them shall violate the rules the water 
 shall be turned off from all. The party controlling the stop- 
 cock must pay the water rent of all parties who are thus sup- 
 plied, as separate accounts will not be kept. 
 
 8. No water taker will be allowed to supply water to others, 
 except by special permission from the office. If found so doing 
 without a permit, the supply will be stopped and the water rent 
 already paid forfeited, and the city ordinance strictly enforced. 
 
 9. No claim shall be made against the city by reason of the 
 breaking of any pipe or service cock, or from damage arising 
 from shutting of water to repair mains. 
 
 10. In sprinkling streets each water taker must confine him- 
 self to the front of his premises, and half the width of the 
 street in front thereof. Hose larger than f inch will not be 
 permitted, except upon an additional charge, and sprinkling 
 without a nozzle, or a larger opening than \ inch, is forbidden. 
 If a street washer or sprinkler is allowed to run when not 
 used by a person engaged in sprinkling, the supply will be cut 
 off without previous notice. Parties may obtain a permit for 
 one year from the office to use their neighbor's wash pave, with 
 their permission, provided they pay the year's rent in advance. 
 Permits are to be annually renewed. 
 
 11. The Department reserves the right to apply a Meter 
 to any service pipe when they may deem it advisible. 
 
 12. All water rents are due in advance, quarterly, commenc- 
 ing on the 1st of January. If not paid within fifteen days, 
 10 per cent, to be added; and if not paid in thirty days, the 
 water shall be turned off. 
 
 13. The consequence of a violation of any of the preceding 
 rules will be the stoppage of the supply of water, without prelimi- 
 nary notice, and forfeiture of rent paid, and it will not be 
 restored except under payment of damages, and upon satisfac- 
 tory understanding with the party that no future cause of 
 complaint shall arise. 
 
 14. Any person wishing to discontinue the use of the water 
 must notify the board thirty days before the expiration of the 
 last quarter of his year. 
 
 l. r >. In all cases where the water is turned off for violation 
 of the rules, the owner or occupant of such premises shall pay 
 fifty cents for turning the water- off and on. 
 
 16, Steam boilers taking a supply of water directly from the 
 service pipe, depending upon the hydraulic or hydrostatic 
 pressure in the pipe system of the water works for supplying 
 such boilers under working pressure, are required to have tanks 
 erected that will contain an ample quantity of water for sup- 
 plying such boiler or boilers for at least 10 hours, in case the 
 water is shut off for necessary repairs or extensions, as the 
 board will not lu> responsible for any accidents or damages to 
 which such devices are frequently subject. 
 
 19 
 
146 THE NORFOLK CITY WATER WORKS. 
 
 17. No lease of water will be made for a shorter period than 
 one year. 
 
 RATES. 
 
 A house containing 1 or 4 rooms $6 00 per annum, fifty 
 cents for each room over 4 to 10. No charge for unoccupied 
 attics or cellars. 
 
 Houses containing more than 10 rooms to be charged at the 
 rate of twenty-five cents for each additional room over 10. 
 Dwellings, bath tubs in connection with other supply in 
 
 house $ 3 00 
 
 Dwellings, water closets, self-acting, each 3 00 
 
 " urinal, each 1 50 
 
 " wash pave of every description, each 6 00 
 
 A screw nozzle on a hydrant will be charged as wash 
 pave, unless already charged. 
 
 Stores, hydrants in yard or basin in store 6 00 
 
 " " each basin or sink additional 2 00 
 
 " water closets, double-acting, self-acting 300 
 
 " urinals, self-closing 2 00 
 
 Public Buildings, hydrants . , 12 00 
 
 " " each basin or sink 300 
 
 " " water closets, double-acting, self-clos- 
 ing 5 00 
 
 Public Buildings, urinals, self-closing 5 00 
 
 Hotels, family keeping hotel, boarding houses, each room 1 W 
 
 " hotel bars, water in or not 15 00 
 
 " slop sinks, each 8 00 
 
 " water closets, double-acting, self-closing 500 
 
 urinals 5 00 
 
 bath tubs for use of boarders 25 00 
 
 horse trough, for watering horses 10 00 
 
 stable, each stall 1 50 
 
 Stable, livery for each stall 1 00 
 
 " " vehicle 1 50 
 
 private, for each horse, (carriage additional)... . 1 50 
 
 Family Bakers, additional 12 00 
 
 All Bakeries and Confectioneries, additional 12 00 
 
 Wholesale Rectifiers and liquor stores. 25 00 
 
 Bars or restaurants, exclusive of dwelling 15 00 
 
 Slaughter houses 2lt oo 
 
 Daguerreian rooms 15 00 
 
 Barber shop, for one basin 6 00 
 
 " " each additional basin 1 20 
 
 " " bath tubs, for first tub 20 00 
 
 " " " for each additional 500 
 
 Drug stores, one sink 8 00 
 
 " counter fountain, not exceeding 1-16 inch 6 00 
 Counter fountains and tumbler washers exceeding 1-16 
 inch, subject to assessment. 
 
 Printing offices 6 00 
 
 Offices generally 6 00 
 
 Blacksmith shops, one fire , 6 00 
 
THE NORFOLK CITY WATER WORKS. 147 
 
 Blacksmith shops, each additional fire $1 00 
 
 Shops generally G 00 
 
 Building purposes, brick per 1,000 10 
 
 " stone per perch 6 
 
 Plastering, for each 30 sqr. yds 10 
 
 Fountains, not exceeding G hours, 1-8 in. nozzle, during 
 
 the season 5 00 
 
 Fountains, not exceeding G hours, 1-16 in. nozzle, during 
 
 the season - 12 00 
 
 Fountains, not exceeding G hours, 1-4 in. nozzle during 
 
 the season 25 00 
 
 SI-KCIAL UATF.S. Steam engines, provision and meat stores, 
 breweries, and purposes not above enumerated, subject to 
 assessment. 
 
 METER RATES. Where the average daily consumption is 
 1,000 gallons or less, 4 cents per 100 gallons; over 1,000 less 
 than f>,000 gallons, 3 cents per 100 gallons; over 5,000 gallons, 
 2 cents per 100 gallons. 
 
 METERS. 
 
 When a consumer shall prefer to pay the cost of such a 
 meter as shall be approved by the commissioners, together with 
 the cost of putting in and of maintenance, rather than to pay 
 schedule rates, or for the quantity estimated, a meter will be 
 put in ; provided, however, that in no case where a meter is 
 used shall the annual charge be less than $10 00. 
 
 The commissioners reserve the right to put in a meter at the 
 cost of the city, in any case, and charge for measured water, 
 instead of being governed by the above schedule. 
 
 For all amounts to any single consumer over 15,000 gallons 
 per day shall be charged such special rates as may be fixed by 
 contract with the superintendent, provided no such contract 
 shall be made to extend over one year from the date thereof. 
 
 The city will set meters upon any premises where the 
 superintendent determines so to do; and on all premises where 
 the meters are set, the owner of the premises will be held there- 
 after to pay the rate according to the schedule for the entire 
 amount of water used, irrespective of all under leases, or any 
 individual consumer or individual consumers, upon such 
 premises. 
 
 All meters set on private premises shall be subject to the 
 inspection and control of the water commissioners, or such 
 agent or officer as they shall designate to have the care and 
 supervision of meters. 
 
 The officer whose duty it is to care for the meters in the city, 
 or his agent, shall have free access at all times upon the premi- 
 ses of the owner thereof for the purpose of reading the meter, 
 or he may remove a meter at any time for the purpose of test- 
 ing the accuracy of its measurement, and when any meter 
 shall be found incorrect in measurement and unworthy further 
 use, such meter so condemned will be replaced at once by one 
 which is approved by the superintendent at the expense of the 
 owner thereof. 
 
148 THE NORFOLK CITY WATER WORKS. 
 
 Whenever any consumer selects to pay rate by meter, he shall 
 ever after be held to pay rate thereby, until released therefrom 
 by the water commissioners. 
 
 Where the rate to any single consumer by any mode of 
 assessment is over fifty dollars per annum, the commissionesr 
 may set on such premises a meter at the expense of the owners. 
 
 The rate by meter measurement in all cases where they are 
 used shall take precedence of other modes of rating named in 
 these rules. 
 
 No meter will be allowed to be set or used on any connection 
 of the water works, unless approved by the superintendent. 
 
 By-laws and Regulations adopted l>y the Board of Water 
 Commissioners, May 19, 1874. 
 
 FOR PLUMBERS. 
 
 1. No person, except the tappers employed by the water 
 board, or person in their service and approved by them, will be 
 permitted, under any circumstances, to tap the distributing 
 pipes, or insert stop-cocks or ferrules therein, under penalty 
 as prescribed by city ordinance. Any plumber or pipe fitter 
 wishing to do business in connection with the water works, 
 shall, before receiving a license to do so, file in the office of the 
 water works his petition in writing, giving the name of the 
 firm and each member thereof, and place of business, asking 
 to become a licensed plumber or pipe fitter, stating his willing- 
 ness and consent to be governed in all respects by the by-laws 
 and regulations of said water works. The said petition must 
 be signed by two responsible citizens, vouching for the worth- 
 iness of the applicant to receive license. On receiving his 
 license, he shall have recorded his actual place of business, 
 the name under which his business is transacted, and shall im- 
 mediately notify the board of every change of either thereafter. 
 A plumber will not be deemed to have a place of business 
 unless a sign bearing his name and business be publicly ex- 
 posed at the premises occupied by him for this purpose, Ke- 
 inoval of place of business from the city shall act as a forfeit- 
 ure of license. 
 
 2. No plumber or other person shall make any attachment 
 to an old pipe or other fixture which has been shut off by the 
 rule of the works, or which is out of use, without having first 
 obtained a permit ; nor shall any plumber or other person 
 make any alteration in any of the conduit pipes or other fix- 
 tures attached to the water works, so as to conduct water 
 into the adjoining premises, without a written permit so to do, 
 signed by the proper officer of the works. 
 
 3. In removing pavements for the purpose of inserting fer- 
 rules, making attachments or repairs, the earth, stone and 
 gravel must be deposited in such a manner as to guard against 
 inconvenience to the public, by obstructing streets, alleys or 
 sidewalks ; nor shall the hole in any street be left open during 
 the night. The flagging or pavement must be restored to at 
 least as good condition as previous to excavation, and all dirt, 
 
THE NORFOLK CITY WATER WORKS. 149 
 
 stones and rubbish removed immediately after the completion 
 of the work. If the flagging disturbed by any plumber be 
 not restored to as good order as it was at the time said plum- 
 ber commenced his work, and all dirt, &c., carted away, and 
 if the plumber shall neglect or refuse to do such work within 
 forty-eight hours after notice thereof from the water commis- 
 sioners, or their authorized agent or officer, then proper repairs 
 or work will be done by the said water commissioners, and the 
 cost thereof charged to said plumber. After the service of 
 such notice, no permits will be granted to such plumber until 
 the cause of complaint is removed. 
 
 t. All applications for the introduction of water into any 
 premises, or for the extension of any water pipe, shall be made 
 to the board in writing, (if by a tenant with the written con- 
 sent of the owner) stating fully all the purposes for which it 
 is required, and the locality of the premises to be supplied, and 
 the applicant shall deposit $5.00 for the expense of service to 
 the curb, and sign the rules and regulations of the board. 
 
 5. All plumbing work required in a building, or for other 
 purposes, must be completed before application is made for a 
 tap, and the service pipe laid complete to the stop-stock before 
 unking the connection at the main. 
 
 6. All service pipes, boilers and other water appertenances 
 shall be constructed of sufficient strength to bear the highest 
 fire pressure. A stop and waste or draw cock must be provided 
 for the purpose of emptying the pipes. 
 
 7. All plumbers shall make full returns of the ordinary and 
 special uses to which the water is designed to be applied under 
 any permit granted from the office, with a description of all 
 the apparatus and arrangements for using the water, in every 
 case. The return is to be made by the plumber who obtained 
 the permit, and shall be filed at the office of the water work? 5 , 
 and for any misrepresentation in the statement of work done, 
 or appurtenances set, through which there may be water used, 
 the plumber may be suspended, and if it appear to be wilful, 
 his license will be revoked. 
 
 8. The water will not be turned into any house, or private 
 service pipes, except by the superintendent, upon receiving 
 notice from the registrar that the applicant has paid his rent 
 for the current term; and plumbers or pipe fitters are strictly 
 prohibited from turning the water into any service pipes except 
 upon the order or permission of the superintendent. This 
 rule shall not be construed to prevent the superintendent from 
 allowing plumbers or pipe fitters to test their work by letting 
 water into the pipes. But they will be allowed to do it for 
 this purpose only, upon receiving permission from the superin- 
 tendent. A violation of this rule will subject the plumber or 
 pipe fitter to the forfeiture of his license. 
 
 9. No plumber shall allow his name to be used by any other 
 person or party, directly or indirectly, either for the purpose 
 of obtaining permits, or doing any work under his license. 
 
 10. Whenever a licensed plumber shall make misrepresenta- 
 tion in reference to his plumbing work to an officer of this 
 
150 THE NORFOLK CITY WATER WORKS. 
 
 department, or its authorized agent, or if any extensions or 
 alterations be made in the service without previously obtaining 
 a permit from the proper officer or upon failing to make a 
 return of his work within forty-eight hours after being served 
 with a notice so to do, at his place of business, the license of 
 such plumber so offending shall be suspended. 
 
 11. The ferrule to be inserted in the distributing pipe will 
 be of the size in the permit and order. The serve pipe must 
 be placed not less than two feefc below the surface, and in all 
 cases to be so arranged as to prevent rupture from freezing. 
 
 12. Any plumber who shall be guilty of a violation of any 
 of the rules adopted by the water commissioners will be im- 
 mediately deprived of his license. 
 
 13. Galvanized iron pipe of size not less than t inch, or 
 lead pipe, shall be used from the curb across the side-walk in 
 every instance. 
 
 14. Separate lines and separate stops at the curb are re- 
 quired for each house, and a stop and waste in each line. 
 
 15. Extension permits must be obtained for the following 
 plumbing work, when removed or put in buildings where the 
 city water is used or intended to be used viz : Kaths, water- 
 closets, urinals, hydrants, street washers, sinks or faucets in 
 bars or soda fountains, engines, or for any work for which an 
 extra rate may becharged, and failure to report such exten- 
 sion will make the plumber liable for any additional rent ac- 
 cruing therefrom from the date the work was done. 
 
 10. All water-closets or outside fixtures sball have a stop 
 and water cock at least 12 inches below ground to protect same 
 from the frost and so arranged as to be accessible at all times 
 in order that it may be easily cut off in case of breakage or 
 leaky pipes. 
 
 Table, showing the discharge of water in gallons, per 
 minute, from different sized orifices, under the domestic pres- 
 sure of the Norfolk city water works, and the size of street 
 service pipes and the weight per foot of lead pipe necessary in 
 plumbing houses. 
 
 Average pressure, 35 pounds. 
 
 Size of ferrule 
 
 Discharge 
 
 Size of 
 
 Weight of 
 
 Weight of 
 
 or opening 
 in disk. 
 
 in gallons 
 per hour. 
 
 Pipe 
 Required . 
 
 street service 
 pipe used, per 
 
 house service 
 pipe pei- 
 
 
 
 
 ft., ex. strong. 
 
 foot strung. 
 
 1-16 inch. 
 
 30 
 
 
 
 
 i 
 
 120 
 
 
 
 
 3-16 
 
 270 
 
 
 
 
 i ( 
 
 480 
 
 
 
 
 5-16 ' 
 
 750 
 
 
 
 
 1 
 
 1080 
 
 1 Inch. 
 
 2 Ibs., 7 07. 
 
 1 lb., 6 oz. 
 
 1 
 
 1920 
 
 1 " 
 
 3 " 7 " 
 
 2 " 
 
 
 3000 
 
 " 
 
 3 " 10 " 
 
 2 " 8 " 
 
 ' 
 
 4320 
 
 1 
 
 4 " 12 <l 
 
 3 " 
 
 1 
 
 7680 
 
 U " 
 
 6 " 
 
 4 " 
 
THE NORFOLK CITY WATER WORKS. 151 
 
 SIZE OF ATTACHMENTS. 
 
 All attachments for ordinary service shall be made by means 
 of brass ferrules of one-half (]), five-eights (I), three-quarters 
 (:{ ), or one inch diameter of water way, and in order to pro- 
 vide an ample supply, with a minimum tax upon the capacity 
 of the works, and at a minimum cost to the consumer, ferrules 
 will be allowed as follows : 
 
 5 inch for all houses of 18 rooms and less. 
 
 I inch for all houses above 18 rooms. 
 
 \ inch for all stores and offices. 
 
 Extra supplies to be determined by the board of commis- 
 sioners upon special application. 
 
 Five per cent. Bonds for New Main for the Water Works. 
 
 1. Be it ordained by the common and select councils of the $90,000 five per 
 city of Norfolk, that for the purpose of enlarging the capacity ^^^ 
 of the Norfolk city water works by laying a new main iron 
 
 pipe from the pump house to the city, and other pipes of 
 
 greater dimension than those now in use, coupon bonds of the 
 
 city of Norfolk, to the amount of $90,000, shall be issued, 
 
 payable on the first day of May, 101.4, bearing interest payable interest, May 
 
 semi-annually, namely, on the first days of May and Novem- nd November 
 
 ber, at the rate of five per centum per annum. 
 
 2. Full power and authority are hereby gixen to the finance power to 
 committee of said common and select council to prepare and JJStte?topre- 
 issue the said bonds in such form and each for such sum as pare bonds 
 the said committee shall prescribe, and each of said bonds 
 
 shall be signed by the presidents respectively of the said coun- 
 cils and countersigned by the treasurer of said city, with the 
 corporate seal of the said city affixed thereto, and each of the 
 coupons shall have name of said treasurer affixed thereto. 
 
 3. The said bonds when executed as provided in the preced J " r j s to d ^ 
 ing section shall be delivered to the board of water commis- water board 
 sioners of the city of Norfolk by the treasurer of said city, 
 
 and the said board shall deposit their receipt therefor with the 
 said treasurer, signed by the chairman and countersigned by 
 the treasurer of said board. 
 
 4. The said bonds shall be sold by the board of water com- water board 
 missioners at their discretion for the best price that the board to 8el1 bonds 
 can obtain for the same, provided, that none of >-aid bonds shall 
 
 be sold for less than their par value and accrued interest, and 
 
 such bonds or the proceeds of the sales thereof, shall be used j^' a Tecls iied 
 
 by the said board of water commissioners for the payment of 
 
 the cost of said iron pipes and the laying of the same, accord- See amend _ 
 
 ing to the contracts to be made and entered into in pursuance merit 
 
 of the resolution and order of said select and common councils, 
 
 adopted March, 1884, and all expenses attending the same, and 
 
 shall not be applied or used for other purposes. 
 
 5. The said bonds shall be exempt from any and all taxation Bxemptfrom 
 by the said city, and the said coupons shall be received in pay-rou'pons 
 ment of all dues to the said city and of all taxes levied or as- Ju C duestocity 
 sessed by the said city. 
 
152 
 
 THE NORFOLK CITY WATER WORKS. 
 
 special tax 
 
 Proviso 
 
 Amendment 
 to section 4 
 
 Section 4 
 
 further 
 
 amended 
 
 board of water commissioners shall pay the interest 
 of said bonds half yearly as the same shall accrue, out of the pro- 
 ceeds of the special water tax levied by the councils, subject 
 to the payment first of the sums due from time to time for in- 
 terest and sinking fund of the Norfolk city 8 per cent water 
 bonds, issued May 1, 1875, and if the funds in the hands of 
 said board beat any time insufficient to meet the payment of 
 interest on the bonds herein authorized as the coupons shall 
 become due and payable, then, and in that case, the said inter- 
 est shall be paid by the treasurer of said city out of the gen- 
 eral fund. 
 
 C. 0., March 20, 1881; 8. 0., March 20, 1881. 
 
 Amending 4th Section of Ordinance authorizing issue of 
 Water Bonds. 
 
 4. The said bonds shall be sold by the board of water com- 
 missioners at their discretion for the best price that the board 
 can obtain for the same, provided that none of said bonds 
 shall be sold for less than ninety six cents on the dollar of 
 principal, and the accrued interest. 
 
 And such bonds or the proceeds of the sales thereof shall be 
 used by the said board of water commissioners for the pay- 
 ment of the cost of the said iron pipe and the laying of the 
 same ; according to the contracts to be made and entered into 
 in pursuance of the resolution and order of the said common 
 and select councils, adopted March , 1884, and all expenses 
 attending the same, and not be applied or used for any other 
 purpose. 
 
 August 19, 1884. 
 
 Amending and Re-enacting Mil Section oj Ordinance Con- 
 cerning Water Bonds. 
 
 4. Full power and authority are hereby vested in the joint 
 finance committee of the councils to make sale of the residue 
 of the five per cent, coupon bonds issued for the improvement 
 of the Norfolk city water works, or as many of them as in 
 their judgment is necessary, or to hypothecate the same, and 
 borrow money for the purpose of meeting the pressing pity- 
 men fcs for the objects for which the bonds were issued. The 
 joint finance committee are further authorized and empowered 
 if in their judgment they decide it to be for the interest of the 
 city to sell said bonds, or hypothecate said bonds and borrow 
 money to turn the proceeds of either the sale or the hypothe- 
 cation over to the treasurer of the city of Norfolk, who, upon 
 receiving the same, shall immediately pay the same over to the 
 treasurer of the board of water commissioners, taking his re-* 
 ceipt for the same. 
 
 The treasurer of the board of water commissioners shall 
 use the money so received by him for the payment of the cost 
 of the iron pipe and laying the same, according to the con tract 
 made and entered into in pursuance of the resolution and 
 
THE NORFOLK CITY WATER WORKS. 153 
 
 order of said common and select councils, adopted March, 
 1884, and all expenses attending the same, and it shall not be 
 applied to any other purpose. 
 September 26, 1884. 
 
 AN ORDINANCE 
 
 Authorizing the issue of Ixuuls for the improvement of the Norfolk 
 City Water Works. 
 
 1. Be it ordained by the common and select councils of the $50,000, five 
 city of Norfolk, that for the purpose of enlarging the capacity P er ?gp**.\ 
 
 f li XT f 11 -L i x i i due 1915; to 
 
 ot the -Norfolk city water works, by laying a new mam iron connect Lake 
 pipe from Lake Bradford to Lake Lawson, coupon bonds of Bradford 
 the city of Norfolk, to the amount of fiftv thousand dollars, 
 ($50,000) shall be issued, payable on the first day of May, A. 
 D. nineteen hundred and fifteen, bearing interest payable semi- 
 annually, namely, on the first days of May and November, at 
 the rate of five per centum per annum. 
 
 2. Full power and authority are hereby given to the finance Finance com- 
 committee of said common and select councils to prepare and mittee t >pre 
 issue the said bonds in such form and each for such sum as pa 
 
 the said committee shall prescribe; and each of said bonds 
 shall be signed by the presidents respectively of said councils 
 and countersigned by the treasurer of the said city, with the 
 corporate seal of the said city affixed thereto, and each of the 
 coupons shall have the name of the said treasurer affixed 
 thereto. 
 
 The said bonds when executed as provided in the preceding Bonds to be 
 section, shall be delivered to the board of water commissioners 
 of the city of Norfolk, by the treasurer of said city, and the 
 said board shall deposit their receipt therefor with the said 
 treasurer signed by the chairman and countersigned by the 
 treasurer of said board . 
 
 4. The said bonds shall be sold by the board of water com- Board shall 
 missioners at their discretion for the best price that the board sel1 bonds 
 can obtain for same, provided that none of said bonds shall be 
 sold^for less than 95 per cent, and accrued interest, and such 
 
 bonds, or the proceeds of the sales thereof, shall be used by the a ^ ro l c i |^ ds: how 
 said board of water commissioners for the payment of the cost of ai 
 said iron pipe and the laying of the same, according to the 
 contracts made and entered into, (in pursuance of a resolution 
 adopted by said common and select councils) and all expenses 
 attending the same, and shall not be applied or used for other 
 purposes. 
 
 5. The said bonds shall be exempt from any and all taxation Exempt from 
 by said city, and the said coupons shall be received in payment JSJSvaSilffor 
 of all dues to the said city, and of all taxes levied or assessed a11 dues 
 
 by the said city. 
 
 (I. The board of water commissioners shall pay the interest interest to be 
 of the said bonds half yearly, as the same accrues, out of the 
 proceeds of the special water tax levied by the councils, sub- 
 ject to the payment, first, of the sums due from time to time 
 
 20 
 
154 
 
 WEIGHTS AND MEASURES. 
 
 Proviso 
 
 for interest and sinking fund of the Norfolk city eight per 
 cent, water bonds, issued May 1st, 1871 
 
 And if the funds in the hands of said board be at any time 
 insufficient to meet the payments of interest on the bonds 
 herein authorized as the coupons shall become due and pay- 
 able, then, and in that case, the said interest shall be paid by 
 the treasurer of said city out of the general fund. 
 
 7. This ordinance shall be in force from its passage. 
 
 C. C. August 11, 1885. 
 
 S. 0. August 11, 1885. 
 
 Sealer of 
 weights and 
 measures ap- 
 pointed by 
 councils: his 
 official bond 
 and oath 
 
 Penalty for 
 selling- or 
 using weights, 
 &c., not sealed 
 and marked 
 by sealer 
 
 How weights, 
 &c., sealed 
 and marked ; 
 penalty for 
 using weights, 
 &c., not con- 
 formable to 
 standard, or 
 for using 
 broken, 
 changed or 
 condemned 
 weights, &c. 
 
 Sealer's duty 
 in the inspec- 
 tion and ex- 
 amination of 
 weights, &c . 
 
 Sealer's fees 
 
 CHAPTER XLIL 
 
 Weights and Measures. 
 
 1. The sealer of weights and measures shall keep the standard 
 of weights and measures belonging to the city. He shall give 
 bond to the city in the sum of one thousand dollars, condi- 
 tioned for the faithful discharge of the duties of his office, 
 which bond shall be filed in the office of the treasurer. 
 
 2. All persons selling weights, measures or scale beams, by 
 retail, or using weights, measures or beams in weighing or 
 measuring any article for sale, shall cause such weights, 
 measures or beams to be sealed and marked by the sealer; and 
 if any person shall sell any weight, measure or scale beam by 
 retail, or in weighing or measuring any article for sale, shall 
 use any weight, measure or beam not so sealed or marked, such 
 person shall pay a fine of ten dollars. 
 
 3. All weights, measures and beams sealed or adjusted by 
 the sealer shall be made conformable to the act of congress, 
 and shall be marked by him with the initials of his name, and 
 the year in which the same shall be marked arid sealed; and 
 if any person shall use in weighing or measuring any weight, 
 measure or beam which shall not be conformable to such 
 standard, every such person shall pay a fine of twenty dollars; 
 and if any weight or measure which has been stamped accord- 
 ing to the requirements of this ordinance snail ! broken or 
 changed, or condemned by the sealer, and found thereafter in 
 the use of any person, such person shall pay a fine of twenty 
 dollars. 
 
 4. It shall be the duty of the sealer to inspect and examine, 
 at least once a year, and more frequently when he may think 
 proper, all weights, measures and beams used in weighing and 
 measuring; and if any person shall refuse to exhibit his 
 weights, measures and beams, or any of them, for the purpose 
 of being inspected and examined, such person shall pay a fine 
 of twenty dollars. If the sealer shall be informed, or have 
 reason to suspect that any person is using, or has in his pos- 
 session, with a fraudulent intention, any false beam, scales, 
 weights, or measures, it shall be his duty to examine the same, 
 and if he finds them false, to seize the same, and after having 
 the same adjusted, to sell them at public auction, and the pro- 
 ceeds to pay over to the treasurer. 
 
 5. The sealer shall be entitled to receive for his services in 
 
WEIGHTS AND MEASURES. 155 
 
 sealing and marking : For every two-bushel measure, fifty 
 cents ; for every bushel measure, twenty-five cents ; for every 
 half bushel, peck, half pock, and five-gallon measure, fifteen 
 cents; for every gallon, half gallon, quart, pint, half pint, gill 
 or half-gill measure, live cents. For every fifty-six, twenty- 
 eight, fourteen, or seven-pound weight, ten cents; for every 
 set of weights from four pounds to half an ounce weight, 
 twenty-live cents; for every single weight under seven pounds, 
 five cents ; for every yard measure, ten cents ; for every scale 
 beam not exceeding eighteen inches, fifteen cents; above 
 eighteen inches and not exceeding thirty-six inches, twenty 
 cents; above thirty-six inches, twenty-five cents; over and 
 above, a reasonable compensation for making them conform- 
 able to the standard established by law, to be paid by the per- 
 son requiring the game to be inspected. Provided, that the 
 sealer shall not be entitled to any fee for examining and in- 
 specting any weight, measure or beam which shall have been 
 already sealed, unless upon such examination such weight, 
 measure or beam shall be found not to be conformable to the 
 standard. 
 
 6. The sealer shall keep a book in which he shall register sealer's duty 
 tho names of the persons whose beams and scales, weights and j r k of e beams 
 measures, he shall have had adjusted, together with the month scales, weights 
 and yoar, and the number and description of the same so adju^tldu^c. 8 ; 
 adjusted, which book he shall submit to the inspection of the penalty for " 
 mayor once in every year, or more frequently, if the mayor wSghtsf&c., 
 shall require it; and if the sealer shall be convicted of having inaccurately 
 stamped any weight, measure, scale or beam, without having 
 accurately adjusted the same, he shall pay a fine of twentv 
 
 dollars for every such offense. 
 
 Grain, Produce, Etc. 
 
 7. There shall be appointed by the councils annually, at Measurers to 
 their first meeting in July, or as soon thereafter as practicable, g t e an l ^ r ) a nted ; 
 as many measurers as maybe necessary to measure all salt, weight of 
 charcoal, wheat, Indian corn, rye, barley, oats, flax seed, pea- vS^n^hmT 
 nuts, beans, peas, dried apples, dried peaches, and dried weight is 
 cherries, bought and sold within the city. The standard?ow V standa < rd 
 weight of the above articles, except salt and charcoal, shall be, 
 
 at wholesale or retail, as follows : 
 
 Wheat 60 Ibs. per bushel 
 
 Indian corn 56 ' " " 
 
 llye 56 " " ' 
 
 Barley 48 " " " 
 
 Oats 32 " " 
 
 Flaxseed 56 " '< " 
 
 IVanuts 22 " '< " 
 
 Beans 60 " " " 
 
 Peas 60 " u " 
 
 Dried apples 28 " t( " 
 
 Dried peaches, peeled 40 " < " 
 
 Dried cherries .. ...50 " ' " 
 
156 WEIGHTS AND MEASURES. 
 
 and in all cases of sales of wheat, Indian corn, rye, barley, or 
 oats, by the bushel, if the same shall exceed the standard 
 weight, the buyer shall pay a proportionally greater price, 
 and if the same shall be less than the said standard, the buyer 
 shall pay a proportionally less price ; provided that this regu- 
 lation shall not extend to any special contracts respecting 
 sales of wheat, Indian corn, rye, barley or oats, whatever may 
 be the weight thereof. 
 
 Fixtures for g. The necessary fixtures for weighing shall be provided by 
 ftSSteSxMay 6 the measurers at their own cost. If any of the measurers, on 
 measurers; application to measure anv of the aforesaid articles, shall not 
 
 fines and pen- r* .,, ? -n i in i 
 
 aity for comply with such application within one hour, he shall, unless 
 ia e tfon c ofdut?" ne be elsewhere engaged in the line of his duty, pay a fine of 
 five dollars ; and if any measurer shall be detected in any 
 fraud in the execution of his office, or shall demand higher or 
 less fees for his services than are allowed by this ordinance, he 
 shall pay a fine of twenty dollars, and be disqualified from 
 serving in the said office, or in any other municipal office. 
 HOW weight 9, i n order to ascertain the weight, the measurer shall 
 measurers ' weigh one bushel out of every hundred measured by him ; but 
 rlport c - a fees nd whenever the buyer or seller may require a bushel to be 
 weighed, the measurer shall do so ; provided, however, that 
 he shall not weigh more than one bushel in every twenty-five 
 so measured. The measurer shall make an estimate of the 
 quantity weighed according to the standard provided in sec- 
 tion one ; and give a certificate of the number of bushels so 
 weighed to the buyer and seller, and make a monthly report 
 thereof to the auditor. The measurers shall receive fifty 
 cents for every hundred bushels of the aforesaid articles they 
 may measure, one-half of which shall be paid by the buyer and 
 one-half by the seller. 
 
 Directions for ]_(). It shall be the duty of the measurers to see that the 
 measure of charcoal be well heaped, and that all salt and grain 
 be measured with a half bushel, having a bar of iron at the 
 top, secured by another passing through the centre at the 
 bottom of the standard measure of the city, which shall be so 
 filled in measuring, and being on a level, as to strike off not 
 less than three pints, and shall be stricken with a straight 
 striker rounded on the edges, of at least three-quarters of an 
 inch in thickness, and not less than four inches broad ; and 
 the measurer shall have always on hand for measuring three 
 or more half-bushel measures, and at least two two- bushel 
 tubs (in which alone charcoal shall be measured and delivered) 
 their own property, and regulated every six months by the 
 sealer, according to the standard. 
 
 when weigh- n. When any article is delivered to any person in quantities 
 
 dispensed 6 less than fifty bushels, the buyer and seller consenting thereto, 
 
 saieV'withouT ma y dispense with the attendance of a measurer. But if 
 
 attendance of either of the persons require that one shall be called, then the 
 
 ^rov^soTn 5 expense of one cent per bushel shall be paid by the person 
 
 favor of requiring the same. And if the seller receive or deliver the 
 
 same (unless the quantity be less than fifty bushels) without 
 
 the attendance of a measurer, for every such offense he shall 
 
WEIGHTS AND MEASURES. 157 
 
 pay a fine often dollars; provided, no seller of charcoal, 
 brought to this city by land or in casks, shall be compelled to 
 cause the same to be measured, unless thereto required by the 
 purchaser of the same. 
 
 12. When the measurers engaged in measuring any corn or r>niy ofmeas- 
 other grain shall perceive a difference in the kind or quality, tK'cTs any 
 they shall stop all further measurement, and give notice J-^Jf^Jjf^" 
 immediately of such difference to the purchaser and await hisity, or any 
 
 directions in the matter. If any measurer shall fail to comply jjJJl 
 with this provision he shall pay a fine of five dollars; and it measured 
 shall be the duty of the measurer, when engaged in measuring 
 any corn or other grain, to notice if any dirt, such as cobs, 
 silk, gravel, or any matter other than fine chaff, be mingled 
 with the corn or other grain, and in his returns to the buyer 
 and seller of the same he shall state what quantity of dirt or 
 other matter was passed in the measurement, which shall be 
 allowed by the seller and deducted as refuse. If any measurer 
 shall fail to comply with this provision he shall pay a fine of 
 five dollars. 
 
 Grain Elevators and the Regulation of the Same. 
 
 13. Be it ordained by the common and select councils of the weighers to 
 city of Norfolk, that at any steam elevator, for the purpose ^af elevator? 1 
 handling or transferring grain of any kind, located in the city 
 
 of Norfolk, or at any floating elevator in the harbor of Norfolk, 
 where all the grain handled is weighed, it shall be necessary 
 to employ two or more weighers or tally keepers, who shall be 
 appointed as hereinafter provided for, and be subject to such 
 rules and regulations as may be prescribed. 
 
 14. It shall be the duty of the councils, immediately after councils to 
 the passage of this ordinance, and thereafter at their first joint oard n to b a a - rd; 
 meeting in July of each year, to appoint a board, consisting of point weighers 
 five persons, who shall be receivers and shippers of grain. 
 
 They shall be authorized and empowered to appoint two or 
 more weighers or tally keepers, to render service at the eleva- 
 tors in their official capacity,. and who shall qualify under oath 
 before the mayor of the city, to faithfully perform the duties 
 of their office; and should they prove incompetent or unfit 
 to fill the position, the said board, or a majority thereof, shall 
 have the power to remove them, and to fill the vacancy or 
 vacancies. The fee for weighing and other official duties, Fees 
 shall be one-eighth of a cent per bushel, and shall be paid by 
 the owner. 
 
 15. The owner or owners of any elevator, whether permanent owners to 
 or afloat, shall make a monthly report to the city auditor, make reports 
 showing the quantity of each kind of grain weighed, and the 
 number of bushels, and jointly with the weigher, shall fur- 
 
 nish the buyer and seller with a certificate of the number of 
 pounds of grain and the number of bushels weighed for them, 
 as per the following standard of weights : 
 
 Wheat, GO Ibs. per bushel ; Indian corn, 56 Ibs. per bushel ; standard of 
 rye, 56 Ibs. per bushel ; barley, 48 Ibs. per bushel ; oats, 32 
 
158 
 
 WEIGHTS AND MEASURES 
 
 Duties of 
 weigher 
 
 Duty of 
 weigher 
 
 Scales; how 
 furnished 
 
 Scales to be 
 examined 
 
 Fines and 
 penalties 
 
 Ibs. per bushel ; flaxseed, 56 Ibs. per bushel ; beans, 60 Ibs. 
 per bushel ; peas, 60 Ibs. per bushel ; and for such certificate, 
 the owner of the elevator may charge and receive fifty cents 
 per hundred bushels, one half to be paid by the seller, and the 
 other half by the buyer. 
 
 16. When the weigher or tally keeper engaged in weighing 
 grain at an elevator shall perceive a difference in the kind or 
 quality of the grain then being received, and differing in any 
 particular from sample or article purchased, he shall stop the 
 further weighing, and give notice of such difference to the 
 purchasers, and await his or their directions in the matter; and 
 should the owner or owners of the elevator refuse to comply 
 with the order of the weigher, and continue the delivery of 
 the rejected grain, he or they shall be subject to a fine of fifty 
 dollars for every such offence. 
 
 17. The weigher or tally keeper shall notice if any dirt, such 
 as cobs, silk, gravel, or any matter be mingled with the grain, 
 and he, together with the owner, in granting a certificate of 
 quantity to the buyer and seller, shall deduct the proper 
 quantity of dirt or other matter contained therein ; and should 
 the said weigher and owner fail to comply with this provision, 
 the weigher, with the owner of such elevator, shall be fined 
 ten dollars each for every such offence. 
 
 18. Every scale used in the weighing of grain at any elevator, 
 shall be furnished by the owner or owners of said elevator, and 
 tested by the sealer of weights and measures, and the board or 
 a majority thereof, upon a complaint of the weigher or any 
 receiver or buyer of grain, that in their opinion the said scales 
 are not in good order, shall be empowered to order an 
 immediate examination and correction of the same, the cost to 
 be paid by the owner or owners of said elevator, and should 
 the owner or owners persist in using said scales, declared and 
 shewn to be out of order, they shall be subject to a fine of 
 twenty dollars for every such offence. 
 
 19. The fines or penalties herein imposed may be recovered, 
 by warrant before the mayor or any justice of the peace of the 
 city, as in other cases of fines and penalties, and one half of 
 said fines shall go to the informer, and the other half to the 
 city, except when the weigher or tally keeper is the informer, 
 in which case the whole of such fine or fines shall go to the 
 city. 
 
 Passed 0. C., December 17, 1878. 
 Passed S. C., December 17, 1878. 
 
 Coals to be 
 sold by 
 weight ; 
 weigher's 
 duty ; proviso 
 
 WeigliinQ of Coals. 
 
 20. All coals, except charcoals, sold for consumption within 
 this city, shall be sold by weight, to be ascertained by weigh- 
 ing at the platform scales on lioauoke square, and it shall be 
 the duty of the weigher at the said scales to weigh all coals 
 brought there in carts or otherwise, and to give certificates 
 thereof to the seller or purchaser when required to do so ; pro- 
 vided, however, that any dealer in or seller of coals, who may 
 
WEIGHTS AND MEASURES. 159 
 
 be provided with the proper scales, may have the same weighed 
 in his yard under the inspection of a sworn measurer, ap- 
 pointed by the councils annually at their first meeting in July, 
 or as soon thereafter as practicable, who shall be entitled to 
 the compensation provided for in the third section of this 
 ordinance, and to be paid as therein directed. 
 
 21. The weight of a ton of coal shall be two thousand two standard 
 hundred and forty pounds. JJPgJS of 
 
 22. The weigher at said scales shall be entitled to demand weigher's 
 and receive the sum of twelve cents for every ton of coals fees 
 weighed by him, and in that proportion for any less quantity, 
 
 to be paid one half by the buyer and one half by the seller. 
 
 23. It shall be the duty of the said weigher to see that all 
 carts with coals coming to the said scales to be weighed are 
 provided with good and sufficient tail-boards, so as to prevent 
 the coals from escaping or dropping therefrom, and he is here- 
 by authorized to refuse to weigh any cart deficient therein. 
 
 21. It shall be lawful for any dealer in coals to discharge 
 coals from any vessel into his yard, free from any weighing or charge coals 
 measurement, unless lie shall think proper to have the same S&efrom 6 
 weighed or measured --in which case he shall employ a sworn JJ'J^'jJf^ 
 measurer or weighmaster, whose fee shall be ten cents per ton delivering the 
 of two thousand two hundred and forty pounds. But any gumpt^on^* 1 
 vender who shall deliver coals from any vessel, or his coal- city must 
 yard, for consumption within the limits of the city, without sectfin i Wl 
 having the same weighed as provided for in the first section 
 of this ordinance, shall pay twenty dollars for each offense, 
 one half of which shall go the informer and the other half 
 to the use of the city, except where the weigher shall be the 
 informer, in which case the whole of such fine shall go to the 
 city. 
 
 Iln.if in Bales or Blocks. 
 
 25. All hay in bales or blocks, brought to the city for sale, when hay re- 
 whenever required by the buyer or seller, shall be weighed by weighed 
 the weigher of hay in a just and equitable manner. 
 
 The weigher shall make allowance for moisture, as well as Duties of 
 for mud and all other foreign substances, and shall mark the weighe 
 weight on each bale or block of hay so weighed, and shall De Fees allowed 
 entitled to receive three and one half cents for each bale and weigher 
 one and three quarter cents for each block so weighed, one 
 half to be paid by the buyer and one half by the seller ; pro- 
 vided that nothing herein contained shall be construed as ren- 
 dering the weighing of hay in bales or blocks compulsory 
 except when required by the buyer or seller ; provided, further, j" m " 
 
 that the buyer and seller may unite in an agreement with the made as to 
 weigher of hay as to his fees for weighing hay in bales or fe 
 blocks in any case, and such agreement shall be binding on 
 all the parties thereto; but in the absence of any such agree 
 ment between all the parties concerned, the fees shall be as 
 hereinbefore provided. 
 
160 
 
 WEIGHTS AND MEASURES. 
 
 Firewood to 
 be corded 
 
 Fee of 
 measurer 
 
 Certain deal- 
 ers exempted 
 
 Measurer not 
 to deal in 
 wood 
 
 Wood dealers 
 must sell % 
 cord 
 
 Penalty for 
 dealing- in cer 
 tain cases 
 
 Duty of 
 measurer 
 
 Weigher at 
 public scales 
 appointed by 
 councils ; his 
 offic-al bond ; 
 monthly 
 reports 
 
 Hay, &c.,tobe 
 weighed ; 
 weigrber'a du- 
 ties and fees : 
 penalty on sel- 
 
 Wood for Fuel. 
 
 26. All fire wood brought to the city for sale and consump- 
 tion therein, shall be corded on some wharf between posts, and 
 measured; and for each cord of wood so measured, the 
 measurer shall be entitled to ten cents, to be paid by the sel- 
 ler; and the measurer of wood shall be entitled to ten cents 
 for each cord of wood measured by him for shipment, or for 
 consumption by steam boats or other vessels, to be paid by the 
 seller and purchaser in equal portions. The cord of wood 
 shall be eight feet in breadth, four feet in length and four feet 
 in height, and every log shall be sound, free from projecting 
 knots and four feet long ; and any person who shall sell, or 
 offer for sale, fire wood in violation of this provision, shall pay 
 a fine of two dollars, unless it be sold as refuse wood ; provided 
 that the keepers of wood yards in the city, who pay a license 
 as oilier merchants, shall not be required to have the wood 
 bought or sold by them, at their yards, measured by the wood 
 measurer, except in those cases where the purchaser or seller 
 shall require it; and in such case the said measurement shall 
 be at the cost and expense of the person selling. 
 
 27. No inspector arid measurer shall buy more wood than 
 may be necessary for his own use, nor shall he sell for any 
 person, nor make any bargain in relation thereto, under a 
 penalty of four dollars for each offense. 
 
 28. Every person who shall bring firewood into the city for 
 sale, shall sell the same in quantities as small as one-eighth of 
 a cord, if required; and any person refusing so to do shall pay 
 a fine of five dollars, one half of which shall go to the in- 
 former. 
 
 29. Any person who shall purchase fire-wood within the city 
 to sell again therein, shall pay a fine of five dollars, one half 
 of which shall go to the informer. 
 
 30. The measurer shall render under oath a quarterly return 
 to the auditor of all wood measured by him, with the amount 
 of fees charged or received, and pay five per cent, thereon to 
 the treasurer; and for any failure to comply with this provi- 
 sion the measurer shall pay a fine of twenty dollars, arid may 
 be dismissed from office. 
 
 Weigher at the Public Scales on Roanoke Square. 
 
 31. There shall be appointed by the councils annually, at 
 their first meeting in July, or as soon thereafter as practicable, 
 a weigher at the public scales at the head of Roanoke square. 
 The weigher shall give bond in the sum of two hundred dol- 
 lars for the faithful performance of the duties of his office, 
 and shall make a report, certified under oath, to the Auditor, 
 at the end of every month, of the amount of fees, received by 
 him. 
 
 3'^. All hay, straw or fodder brought to the city of Norfolk 
 for sale, either by land or water, except hay in bales or blocks, 
 shall be weighed when the value of the same shall be more 
 than two dollars, at the said scales, and at no other place, and 
 
WEIGHTS AND MEASURES. 161 
 
 by the weigher appointed as aforesaid, at the rate of one 
 
 dred pounds to the hundred weight ; and it shall be the duty have hay, &c. 
 
 of the said weigher to make a reasonable allowance for the weighed 
 
 moisture of the said hay, straw or fodder, as well as for any 
 
 mud or other substance attached to the wagon or cart contain- 
 
 ing the same ; and the said weigher shall make out his certifi- 
 
 cate for every net hundred pounds weight ; and every twenty 
 
 hundred pounds net weight shall be considered a ton, and he 
 
 shall be entitled to receive three cents, to be paid by the seller, 
 
 for every hundred weight of hay, fodder or straw thus weighed, 
 
 until the weight or load amount to twenty hundred pounds ; 
 
 but in no case shall he receive more than forty cents for any 
 
 one load of hay. straw or fodder so weighed ; and if any sel- 
 
 ler of hay, straw or fodder shall neglect or refuse to have the 
 
 same weighed on the day of the delivery thereof, he shall pay 
 
 a fine of five dollars. 
 
 33. If any person bringing hay, straw or fodder to the city Penalty on 
 for sale, except hay brought for sale in bales, and in quanti-brSgTnghay, 
 ties of less value than that mentioned in the thirty- *Jj- *<M>y 
 second section, shall neglect or refuse to have the same weighed neglect to 
 in the manner hereinbefore provided for, or shall in any man- weT|h S ed?or 
 ner be guilty of fraud in weighing or selling the same, he shall are guilty of 
 pay foi* each and every offense a fine of five dollars ; and if any r 
 person, after having his hay, straw or fodder weighed, and 
 
 having obtained the weigher's certificate specifying the quan- 
 tity thereof, shall sell or dispose of any part thereof, or in any 
 manner diminish the quantity, to defraud or deceive the pur- 
 chaser, such person shall pay for each and every such oflfense 
 a fine of twenty dollars. 
 
 34. The weighing apparatus shall be adjusted at least once weighing sp- 
 in every six months by the standard weights for the city of adjuste^ever 
 Norfolk, the expense of which, together with all expenses for six months 
 repairs, shall be incurred by the city. 
 
 35. The weigher at the public scales may at all times, when weigher may 
 required, weigh hemp, cotton, cables, anchors, dye-woods, bark, co^n^Ic!? 
 live stock, or any other heavy articles in bulk, and shall be paid is fees and 
 according to the rate provided in section thirty-two ; a monthly re 
 
 report of which he shall also make to the auditor. 
 
 36. One half of all fines imposed by sections 32 and 33 shall go HOW fines 
 to the informer, and the other half to the city, except when ai 
 
 the weigher is the informer, in which case the whole of such 
 fine or fines shall go to the city. 
 
 Gauging and Inspecting Liquors. 
 
 37. The Ganger and Inspector of liquors shall give bond in Ganger and 
 the sum of one thousand dollars, with security, to be ap-jjjfjnt^ws" 
 proved by the councils, conditioned for the faithful perform- official bond 
 ance of the duties of his office. 
 
 38. Once in every three months to wit, on the twenty-fourth Ganger and 
 day of September, on the twenth-fourth day of December, Sl^o'rts 
 on the twenty-fourth day of March, and on the twenty-fourth to auditor 
 day of June in each year, the ganger and inspector shall make 
 
 a return to the auditor of the city of the number of casks 
 
162 
 
 WEIGHTS AND MEASURES. 
 
 Duties of 
 
 gauger and 
 
 of oil, molasses or liquor inspected and guaged, distinguishing 
 foreign from domestic distilled liquors, and the number of 
 gallons, and enumerating such of the said articles as may 
 have been distilled within the city. Sucn return shall set forth 
 the sums received or charged by the gauger and inspector 
 for gauging and inspecting, and shall be verified by affidavit 
 Fees of gauger before the mayor or some justice of the peace. 
 
 :nspector 39 r^ gau g er an( j inspector shall be entitled to receive the 
 following fees for his services to wit : For all casks contain- 
 ing oil or molasses, not exceeding forty gallons, eight cents 
 per cask ; and for all casks containing more than forty gal- 
 lons, twelve and a half cents per cask ; and for all spirituous 
 liquors, the casks thereof not exceeding forty gallons, six and 
 a quarter cents per cask; and for all casks containing 
 more than forty gallons, eight cents for each cask ; and for 
 proving all casks of spirituous liquors, or liquid merchandise 
 of any kind, three cents for each cask ; and in every case 
 where the ullages only of a cask or casks are to be taken, for 
 each cask four cents, and no more, all fees to be paid by the 
 
 seller. 
 
 40. It shall be the duty of the said gauger and inspector, 
 when required, to gauge, oil, wine, rum, molasses, and other 
 liquid merchandise (malt liquor excepted) imported or 
 brought to this city, to mark and set down the number of gal- 
 lons which each cask or vessel shall contain, with his mark, all 
 of which casks, with the marks and numbers and the owners' 
 names, shall be entered in a book kept for that purpose ; and 
 in case of spirituous liquor, he shall mark the proof it may be 
 found to bear on each cask. And if any cask or vessel 
 gauged or marked by the gauger and inspector of liquors shall 
 be found lacking or exceeding one or more gallons in every 
 quarter cask, or two or more gallons in casks of a larger size, 
 the quantity so numbered and marked, the said gauger and 
 inspector shall pay two dollars for every gallon so lacking or 
 exceeding the number set down on each cask. 
 
 41. If any person shall alter any mark or number marked 
 by the gauger and inspector, or shall put any false mark or 
 number on any cask of oil, wine, rum, molasses, or other 
 liquid merchandise, such person shall pay a fine of ten dollars 
 for every such ofiense. 
 
 Measurers, &c. Reports of Measurers, Inspectors, Gauger -s and Weighers. 
 
 to make quar- 
 
 to r audfto? r ; ts 42. The measurers, inspectors weighers and gangers shall 
 tor : ?o t re 'or?" ^ ee P accnra ^ e accounts of the several articles imported into or 
 exported from the city, and measured, weighed, inspected, 
 received or delivered by them respectively, together with the 
 market prices, and places from whence imported, and report 
 the same, on oath, in the last week of every quarter, to the 
 Auditor of the city ; and if any such person shall neglect or 
 refuse to make such report he shall pay twenty dollars for 
 each week's failure, to be recovered as in other cases of fines, 
 and if such person shall refuse or neglect to make such report 
 
 Penalty for 
 
 
 

 POWDER MAP OF THE CITY. 163 
 
 for one month after it shall be required of him by the auditor, 
 or shall give in any false or fraudulent reports, he shall be dis- 
 missed from office, and it shall be the duty of the auditor, 
 from time to time, to report to the councils the delinquency 
 of all and every one of the said officers. Auditor to 
 
 43. It shall be the duty of the auditor to collate the said re- make guarter- 
 ports and make quarterly an aggregate return thereof to the con?m?ttee on 
 committee on statistics, to be laid before the councils. The statistics 
 original reports shall be filed by the auditor. 
 
 CHAPTER XLIII. 
 Powder. 
 
 1. No person shall keep in any house or store any quantity Amount of 
 of gunpowder exceeding two kegs or vessels thereof of the fnSwedtobe 
 weight of twenty-five pounds each, and before such person kept, appiica- 
 shall have this privilege he shall make an application in writ-^ayorforper- 
 ing to the mayor for permission to do so, to be approved by the g^ 91 ^^ 
 chief engineer of the fire department. The chief engineer duty of 'chief 
 shall keep a list of all permits granted, and for any violation IJf^epart* 
 of this section such person shall pay a fine of twenty dollars, ment, penalty, 
 one-half of which shall go to the informer ; and the person provis< 
 offending shall not be permitted to keep the said amount of 
 
 powder thereafter without the consent of the councils; pro- 
 vided, that nothing contained in this section shall be construed 
 to prevent any person from keeping in any one house as much 
 as two pounds of powder for such private purposes as may be 
 proper. 
 
 2. No person shall carry in any dray or other carriage, or HOW gun- 
 in any other manner, any quantity of gunpowder exceeding transported 6 
 two pounds in or through the city, unless the same shall be through the 
 first secured in good bags, and covered with a sail or other pJn and 
 cloth, under a penalty of five dollars for every barrel, half- 
 barrel, cask, bag, or keg so carried. One-half of all fines and 
 penalties incurred under this ordinance shall go to the informer, 
 
 and the other half to the city. 
 
 CHAPTER XLIV. 
 
 The Map of the City. 
 Resolution of the Councils, December 6, 1881. 
 
 Resolved, That the report of the street committee, dated 
 November 15, 1881, upon the report of Thomas Bernard, city 
 engineer, submitting the topographical map of the city, made 
 by him, in pursuance of a former resolution of the councils, 
 be received, approved and adopted ; and the said topographical 
 map be received as the official map of the city. 
 
 
Rules of Order of the Common and 
 
 Select Councils of the City 
 
 of Norfolk, 
 
 MONTHLY MEETING DAYS. 
 
 1. The common council shall meet on the first Tuesday 
 and the select council on the second Tuesday in every month, 
 at such hour as may be designated by the president. 
 
 DUTIES OF THE MESSENGER. 
 
 2. The messenger shall summon the members to attend the 
 regular or special meetings by a written or printed notice 
 delivered to each member or left at his dwelling, and shall 
 make a return of the members summoned to the treasurer be- 
 fore the appointed meeting ; and if he shall fail to perform 
 any duty herein assigned to him he shall forfeit and pay two 
 dollars for every such failure. 
 
 JOINT SESSIONS OF THE COUNCILS. 
 
 3. The select and common councils shall meet together in 
 joint session on the first day of July of each year, (and if the 
 first day of July shall fall on Sunday then on the day follow- 
 ing) for the purpose of electing such officers as are, or may be, 
 by law, or by any city ordinance, required to be elected at their 
 first meeting in July, and may adjourn such meeting from day 
 to day. 
 
 4. It shall be the duty of the presidents of the select and 
 common councils to convene the councils in joint session for 
 the election of officers of the city whenever a vacancy occurs 
 or when in any case such election-is required to be held at any 
 other time than the month of Jufy, by any law or ordinance. 
 In all joint sessions under this rule a president pro tempore 
 shall be chosen by the members present. 
 
 ORDER OF BUSINESS. 
 
 5. The order of business at all meetings of the councils 
 shall be as follows : 
 
 Upon the appearance of a quorum the president, or, in 
 his absence, the vice-president, shall open the business of the 
 meeting, which shall have priority over all other business. In 
 case the president and vice-president shall both be absent, 
 a president pro lemporc shall be appointed by the meeting. 
 
 Regular Meetings. 
 
 1. Heading proceedings of previous meetings of both 
 branches of the councils. 
 
 2. Keports of standing committees. 
 *. Report of special committees. 
 
 22 
 
166 RULES OF ORDER. 
 
 4. Special orders for business. 
 
 5. Unfinished business of previous meetings. 
 
 6. Introduction of ordinances, resolutions, or new business. 
 
 7. Presentation of petitions, claims, &c. 
 
 Special Meetings. 
 
 1. Reading proceedings of previous meeting. 
 
 2. Special business for which meeting is ordered. No other 
 business shall be in order at a special meeting except by 
 consent of two-thirds of the members present, and if so 
 allowed, shall be introduced in the order prescribed for 
 regular meetings. 
 
 HOW MEMBERS MAY RETIRE. 
 
 6. No member, after his name shall have been duly entered, 
 shall absent himself without permission of the presiding 
 officer. 
 
 DUTY OF CLERK WHERE THERE IS NO QUORUM. 
 
 7. In the absence of a quorum, the clerk shall, at the ex- 
 piration of half an hour from the time appointed for the 
 meeting, enter upon the journal the names of the members 
 present. 
 
 COMPELLING MEMBERS TO ATTEND, FINES, &c. 
 
 8. The president shall have power to send a messenger to 
 summon members to attend to form a quorum for business ; 
 and if after such notice a member fail to attend, he shall be 
 fined two dollars, for the use of the city, unless excused by 
 the council. 
 
 POWERS OF THE PRESIDENT. 
 
 9. The president shall in*all cases be entitled to one vote 
 He shall preserve order and decorum, and decide all questions 
 of order, subject to an appeal to the council. He shall appoint 
 all committees, unless otherwise ordered by the councils ; and 
 may express his opinion upon any subject under discussion. 
 
 INTRODUCTION OF RESOLUTIONS. 
 
 10. No questions shall be debated or taken on any resolution 
 or motion unless it be first reduced to writing and seconded ; 
 and when a motion is seconded it shall be stated by the presi- 
 dent before debate. 
 
 DEPORTMENT IN DEBATE. 
 
 11. All debate shall be regular, without altercation or per- 
 sonal invective, each member addressing himself to the chair, 
 and rising when doing so ; confining himself to the subject 
 in debate, and preserving order without interruption or hin- 
 drance. 
 
RULES OF ORDER. 167 
 
 LIMITATION TO SPEECHES. 
 
 12. No member shall speak upon the same question more 
 
 than twice without leave from the council. 
 
 / 
 
 HOW MOTIONS MAY BE WITHDRAWN. 
 
 13. After a motion is stated by the president it shall be 
 deemed to be in possession of the council, but may be with, 
 drawn at any time before decision or amendment. 
 
 MOTIONS ALLOWABLE UPON QUESTIONS UNDER DEBATE. 
 
 14. When a question is under debate, no motion shall be 
 received, unless first, to offer a substitute; second, to amend ; 
 third, to commit; fourth, to postpone to a certain day; fifth, 
 for the previous question ; sixth, to lay on the table, or to 
 adjourn. 
 
 MOTIONS FOR ADJOURNMENT. 
 
 15. A motion to adjourn shall be always in order, and shall 
 be decided without debate. 
 
 VOTING BY THE MEMBERS OBLIGATORY. 
 
 10. Every member who shall be present when any question 
 is put or ballot taken, shall vote or ballot, as the case may be, 
 unless personally interested or excused by the council. 
 
 DECIDING THE " PREVIOUS QUESTION" 
 
 17. The previous question, until it is decided, shall preclude 
 all amendments and debate of the main question, and shall be 
 in this form : " Shall the main question now be put." 
 
 HOW QUESTIONS SHALL BE PUT. 
 
 18. All questions shall be put in the order they are moved, 
 except that in filling blanks, the largest sum and the longest 
 time shall be first put. 
 
 THE YEAS AND NAYS. 
 
 19. Upon every question, any member may require the yeas 
 and nays to be taken and recorded. 
 
 CALLING MEMBERS TO ORDER. 
 
 20. A member called to order shall immediately sit down, 
 unless permitted to explain, and the council, if appealed to, 
 shall decide the case, but without debate. If there be no ap- 
 peal the decision of the chair shall be submitted to. 
 
 DISSENT TO A VOTE OR DECISION. 
 
 
 21. Any member may have recorded upon the minutes his 
 dissent to any vote or decision of the council. 
 
168 RULES OF ORDER. 
 
 MOTIONS FOR RECONSIDERATION. 
 
 22. No motion for a reconsideration shall be in order unless 
 made at the same meeting, or in pursuance of notice then 
 given for the next meeting after that on which the decision 
 proposed to be reconsidered took place, except by unanimous 
 consent. 
 
 HOW APPOINTEES TO C)FFICE SHALL BE VOTED FOR. 
 
 23. Every appointment to office by the councils shall be by 
 ballot, where more than one person is in nomination, other- 
 wise by viva voce vote. 
 
 SIGNING OF THE ORDINANCES. 
 
 24. All ordinances shall be signed by the presidents of the 
 select and common councils, or, in the absence of either, by 
 the vice-president, and attested by the treasurer. 
 
 RESOLUTIONS APPROPRIATING MONEY AND ALL 
 ORDINANCES TO LIE OVER. 
 
 25. No resolution appropriating money, nor any ordinance, 
 shall pass on the day on which the same shall be introduced; 
 nor shall any appropriation of money be made, nor any indebt- 
 edness be incurred, nor any bond authorized to be issued, in 
 the name of the city, except by a majority vote of all the 
 members elected to each council. 
 
 HOW ORDINANCES MAY BE CHANGED. 
 
 26. No ordinance shall be amended, suspended or repealed, 
 except by ordinance regularly introduced and passed ; nor 
 shall any section of an ordinance be amended unless the 
 whole section be re-enacted. 
 
 REMISSION OF FINES. 
 
 27. No application for the remission or repayment of a fine 
 be considered, unless the facts in regard to such a fine 
 
 be at the same time reported by the mayor or justice who 
 imposed it. 
 
 DUTY OF THE TREASURER AS TO MATTERS REFERRED. 
 
 28. It shall be the duty of the treasurer to furnish without 
 delay to the chairman of every committee a copy of every 
 resolution or motion, petition or other matter, referred to such 
 committee, with a list of his colleagues; or, where the matter 
 is referred to any officer of the city, the copy shall be in like 
 manner furnished to such officer. Any matter which may be 
 referred by either branch of the councils to any committee, or 
 to any officer of the city for investigation, information and 
 report, shall be at once, by the treasurer, laid before such 
 committee or officer without concurrence of the other branch, 
 and the report in such cases shall be returned to the branch 
 which shall first meet thereafter, but no reference under this 
 rule shall authorize "power to act" 
 
RULES OF ORDER. 169 
 
 DUTIES OF COUNCIL CLERKS. 
 
 29. The clerk of each council shall deliver to the clerk of 
 the other council a fair copy of such proceedings as shall have 
 been finally disposed of immediately after every meeting. 
 
 HOW QUESTIONS ONCE DECIDED MAY AGAIN BE INTRO- 
 DUCED. 
 
 30. No question decided by the council shall be again 
 brought forward during the 'term for which the council was 
 elected, unless on a motion for reconsideration there be votes 
 equal to or greater than the majority of the members present 
 when the question was before decided. 
 
 DISPOSING OF UNFINISHED BUSINESS. 
 
 31. All unfinished business at the expiration of the term 
 for which the councils were elected, shall be considered as laid 
 upon the table, and may be acted on thereafter at the pleasure 
 of the councils succeeding. 
 
 APPOINTMENTS OF STANDING COMMITTEES. 
 
 32. As soon as convenient after the organization of the 
 councils, there shall be appointed by the presidents the fol- 
 lowing standing committees, viz : 
 
 1st. The committee on finance, to be composed of the vice- 
 president of the common council, the vice-president of the 
 select council, together with two members from the common 
 and one from the select council. Also the following which 
 shall consist of two members from the common and one from 
 the select council, viz : 
 
 2d. The committee on Ordinances and Police. 
 3d. The committee on Almshouse. 
 4th. The committee on the Fire Department. 
 5th. The committee on Streets, Sewers and Drains. 
 6th. The committee on Light. 
 7th. The committee on Markets. 
 8th. The committee on Water. 
 9th. The committee on Wharves and Docks. 
 10th. The committee on Schools. 
 
 1.1th, The committee on Public Buildings and Grounds. 
 12th. The committee on Statistics. 
 13th. The committee on Cemeteries. 
 
 DUTIES OF CHAIRMEN OF COMMITTEES, AND THEIR 
 MEETINGS. 
 
 33. When any matter is referred to a committee the chair- 
 man shall cause the members thereof to be summoned as soon 
 thereafter as practicable, and make report to the next meeting 
 of the council^; provided, that a quorum shall not be deemed 
 present unless the select council is represented in every meet- 
 ing of a committee, and all meetings shall be held at the 
 office of the city treasurer, and no bills or claims against the 
 city shall be approved except at a meeting of the committee. 
 
170 RULES OF ORDER. 
 
 PENALTY FOR DELINQUENCY. 
 
 34. If any member shall fail to attend three meetings of 
 the council to which he may belong, in succession, without a 
 good excuse, he may be fined not exceeding five dollars. And 
 if any member shall from any cause absent himself from the 
 meetings of the council for three months together, the council 
 may by resolution declare the seat of such member to be 
 vacant, and proceed to fill the vacancy. And if any member 
 appointed on a committee shall fail to attend the meetings 
 thereof and to discharge his duty thereon, his name shall be 
 reported by the committee to the councils in open session and 
 entered on the journal. 
 
 PETITIONS AND COMMUNICATIONS. 
 
 35. Every petition, communication or address to the coun- 
 cils, from any person not a member thereof, shall be in writing, 
 unless otherwise specially allowed. 
 
 SUSPENSION OF RULES. 
 
 36. Any rule herein adopted may, at any particular time, be 
 suspended for a special purpose, by a vote of two- thirds of 
 the members present at the time, except the extracts from the 
 city charter. 
 
 COMMITTEE OF THE WHOLE. 
 
 37. Any motion, resolution or pending ordinance may by a 
 majority vote of both councils be referred to a committee of 
 the whole, which shall consist of a majority of the members 
 of each council. 
 
 Extracts from City Charter. 
 
 Couuciimen ; 15- There shall be elected on the fourth Thursday in May, 
 election and' eighteen hundred and eighty-four, and on the fourth Thurs- 
 day in May biennially thereafter, thirty councilmen, who shall 
 be apportioned to the several wards, as follows : To the first, 
 second and third wards eight each, and to the fourth ward 
 six, and the same number of councilmen shall be so elected 
 until a reapportionment shall be made accord ing to law. The 
 councilmen shall proceed at the first meeting after their 
 election, or as soon thereafter as practicable, in such manner 
 as they may deem proper, to elect eleven of their number to 
 constitute a select council, which select council shall hold 
 its meetings separate and apart from the remaining nineteen 
 councilmen, who shall constitute the common council. The 
 councils after their separate organization, shall in such man- 
 ner and at such time as may be prescribed by ordinance, pro- 
 ceed to appoint all officers, clerks and assistants, whose 
 election or appointment is not otherwise provided for by law. 
 Select council; 16. The select council shall elect its officers, to consist of a 
 duties and ' president, vice president and clerk; and the common council 
 shall elect its officers, to consist of a president and vice presi- 
 
RULES OF ORDER. 171 
 
 dent; the city treasurer shall be ex-ollicio clerk of the com- ^ 
 
 mon councils, and shall have an assistant. The select and oommonooum- 
 
 comuion councils, respectively, may elect such other officers 011 
 
 and clerks as they may deem necessary, which officers shall be'J5jy2St wU 
 
 liable to be removed by the councils respectively, each acting dorks, &c. 
 
 for itself in this regard, with power to the respective councils, 
 
 each acting for itself, to supply any vacancy occuring. 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 the power, at any Power of 
 
 time to call a meeting of his council, and in case of his a b- president 
 
 sence from sickness, disability or refusal, the councils may be 
 
 convened by the order in writing, of any five members of the 
 
 common council, or three of the select council. 
 
 17. Ordinances and resolutions may originate in either the Ordinances of 
 select or common council, to be approved or rejected by the councU 
 other, and may be amended by either council with the consent 
 
 of the other. But when the councils cannot agree upon an J 
 ordinance or resolution, the same shall be referred to a com- 
 miltee of conference, to be appointed by each council. 
 
 18. The councils shall have authority to compel the attend- , a8 to 
 ance of absent members; to punish members for disorderly misconduct of 
 behavior, and by a vote of two-thirds of the council to expel members 
 
 a member for malfeasance or misfeasance in the office. They 
 
 shall keep a journal of their proceedings ; and their meetings 
 
 shall be open. A majority of the members of the councils 
 
 shall constitute a quorum for the transaction of business. Q uorum 
 
 But on all ordinances or resolutions appropriating money, im- JVr^TO 
 
 i n j_i L f j i pnauonB or 
 
 posing taxes, or authorising the borrowing of money, the yeas money to be 
 
 and nays shall be entered on the journal, and a majority of jJJSJmJi* 61 
 
 all the members elected to each council, shall be necessary to 
 
 give them the force of law. No vote shall be reconsidered or Reconsidera- 
 
 rescinded at a special meeting, unless at such special meeting tlonof vote8 
 
 there be present as large a number of members as were present 
 
 when such vote was taken. 
 
172 LEASES OF ENDS OF STREETS AND TOWN POINT LOTS. 
 
 Statement of the Leases to Various Parlies of the End* of Streets 
 and Town Point Lots. 
 
 Commerce street, leased for five years from July, 1883 ; ex- 
 pires July, 1888; leased to J. 13. Camp, for $100 per annum. 
 
 Yarmouth street, leased for twenty years to John L. Roper, 
 for $5 per year ; lease expires January, 1905. 
 
 West Main street, leased to Boston Wharf and Warehouse 
 Company, at $25 per annum ; lease expires October, 1886. 
 
 Lee street, leased to the Seaboard Cotton Compress Com- 
 pany, at $120 per annum ; no time specified, but to be vacated 
 whenever ordered by councils on thirty days' notice. 
 
 Fayette street, leased to Seaboard Cotton Compress Com- 
 pany for five years; lease expires July, 1888; at $100 per 
 annum. 
 
 Parker and Wide Water streets, leased to J. Manson Smith 
 for ten years from July, 1876; expires July, 1886; at $150 
 per annum. 
 
 Church street, leased to Old Dominion Steamship Company 
 for fifteen years from July, 1877 ; expires July, 1892 ; at $200 
 per annum. 
 
 Parker street, leased to the Baltimore Steam Packet Com- 
 pany for ninety-nine years, renewable, a $5 per annum. 
 
 Tobacco Warehouse, leased to Messrs. Vaughan & Barnes 
 for $3,755 per year, for one year, with the privilege of a three 
 years' lease, provided the city does not sell, and if sold, the 
 parties to vacate the premises on the first day of July suc- 
 ceeding such sale; lease commenced July 1, 1885, and includes 
 whatever rights the city may have in the ends of Jackson and 
 Matthews streets. 
 
 Newton street, leased to Boston Wharf and Warehouse Com- 
 pany for ten years from July, 1881 ; at $25 per annum. 
 
 Town Point Lots. 
 
 Lot No. 1 Minnie L. Norcop, 99 years, ground 
 
 rent and renewable $ 111 12 
 
 % Lot No. 2, 3 and 4 Reynolds Bros., 99 years, (trans- 
 ferred to Seaboard Cotton Compress Company), 
 renewable 8 25 
 
 Lot No. 2, 3 and 4 E. T. Summer's estate, 10 years, 
 
 January, 1894 135 00 
 
 Lot Nos. 2, 3 and 4 Phoebe Williams' estate, 99 
 
 years, and renewable 00 
 
 Lot No. 9 Phoebe Williams' estate, 99 years, and 
 
 renewable 12458 
 
 Lot Nos. 6, 7 and 8 McCullough, A. A., & C. W. 
 
 Grandy, 99 years, and renewable 179 25 
 
 Lot Nos. 10, 11, 32 and 33 R. H. Hare, 99 years, 
 
 and renewable 76 91 
 
 Lot Nos. 16 and 17 Worthington & Shepherd, 99 
 
 years, and renewable 43 06 
 
 Lot Nos. 18, 19, 20 and 21 E. Truxel, 99 years 
 
 and renewable... , 2923 
 
LEASES OF ENDS OF STREETS AND TOWN POINT LOTS. 173 
 
 Lot Nos. 26 and 25 Boston Wharf and Warehouse 
 
 Company, 99 years, and renewable 36 11 
 
 Lot Nos. 22, 24, 23 and 34 Baltimore Steam Pac- 
 ket Company, 99 years, and renewable 13 05 
 
 Lot Nos. 27, 28 and 29 C. B. & W. W. Gwathmey, 
 
 99 years, and renewable 157 77 
 
 Lot No. 29 Baltimore Steam Packet Company, 99 
 
 years, and renewable 39 58 
 
 Lot No. 12 T. W. Thompson, 99 years, and renew- 
 able... 222 33 
 
 Total rents, $1,176 24 
 
 Old Fair Grounds, on Tanner's Creek road, unoccupied. 
 
174 ; EN ACTING AND REPEALING ORDINANCE. 
 
 CHAPTEK XLV. 
 
 Enacting and Repealing Ordinance. 
 
 1. The Ordinances of the City of Norfolk, as they have been 
 revised, codified and compiled by CHAKLES G. ELLIOTT, and 
 printed at the office of the Norfolk Landmark Publishing 
 Company, shall be in force from and after the passage of this 
 ordinance, and all ordinances and parts of ordinances of a 
 general nature, in force at the time of passing this ordinance 
 and not included in the foregoing ordinances, shall be repealed 
 from and after the passage of this ordinance, with such limi- 
 tations and exceptions as are hereinafter expressed. 
 
 2. Such repeal shall not affect any act or offense committed 
 or done, or any penalty or forfeiture incurred, or any right 
 accruing or accrued, or acquired or established, or remedy for 
 any injury thereto, or any prosecution or proceeding pending, 
 at or on the day of the passage of this ordinance ; or of any 
 order or resolution of the councils hereafter made levying any 
 special assessment or tax for any improvement begun but not 
 now completed. 
 
 3. No ordinance which has heretofore been repealed shall 
 be revived by the repeal contained in this chapter of the ordi- 
 nances hereby repealed. 
 
 4. This ordinance shall be in force from its passage. 
 Passed common council September 1, 1885. 
 Passed select council September 8, 1885. 
 
Laws of Virginia Relating to the City, 
 
 THE HAEBOR. 
 
 Acts of Assembly, 1874. 
 
 CHAP. 229. An ACT to repeal Section 3 of an Act passed in 1801, 
 entitled an Act Concerning the Docks and Wharves in the Borough 
 of Norfolk. 
 
 Approved April 22, 1874. 
 
 1. Be it enacted by the general assembly, That section three 
 of an act passed in the year eighteen hundred and one, entitled 
 an act concerning the docks and wharves in the borough of 
 Norfolk, be and the same is hereby repealed. 
 
 2. This act shall be in force from its passage. 
 
 CHAP. 266. An ACT to authorize the Councils of Norfolk City to 
 drain, or otherwise improve, certain low or marsh lands, and to 
 change Back Creek in said City. 
 
 Approved April 28, 1874. 
 
 1. Be it enacted by the general assembly, That the councils 
 of the city of Norfolk, shall have full power and authority to 
 make such orders as they may deem proper, not inconsistant 
 with the laws of the State, for the purpose of filling reclaim- 
 ing, draining, or otherwise improving the low lands or marsh 
 lying between Bank street in said city and the Elizabeth river, 
 which are left uncovered by the recession of the tide, and 
 known as Back creek, and may change the dimensions and 
 direction of the said creek, or the channel thereof, so as to pro- 
 vide for the proper drainage of the said lands, and improve- 
 ments of the^same. 
 
 2. This act shall be in force from its passage. 
 
 BOAED OF HARBOR COMMISSIONERS. 
 
 Acts of Assembly, 1874-'75. 
 
 CHAP. 104. An ACT to create a Board of Harbor Commissioners 
 of Norfolk and Portsmouth, and for the Preservation and Improve- 
 ment of the Harbor of Norfolk and Portsmouth. 
 
 Approved February 18. 1875. 
 
 1. Be it enacted by the general assembly, That for the pur- 
 of preserving and improving the harbor of Norfolk and 
 ortsmouth, seven commissioners shall be appointed by the 
 'Vernor three residents of the city of Norfolk, two of the 
 ty of Portsmouth, and two of the county of Norfolk. The 
 mmissioners from Norfolk and Portsmouth shall be nomi- 
 ated to the governor for his appointment by the chamber of 
 commerce of Norfolk, and if there should be no chamber of 
 commerce, then by the Norfolk and Portsmouth Cotton Ex- 
 
176 LAWS OF VIRGINIA. 
 
 change, at a meeting to be called for that purpose. The com- 
 missioners from the county of Norfolk shall in like manner 
 be nominated by the judge of the county court thereof. All 
 vacancies in the board shall be filled in the same manner as 
 the original appointments. 
 
 2. Be it further enacted, That the governor shall commission 
 the said harbor commissioners, who shall hold their office for 
 the term of four years, commencing on the first day of April, 
 eighteen hundred and seventy-five, unless sooner removed by 
 the governor, and the said commissioners shall be a board to 
 be known as The Board of Harbor Commissioners of Norfolk 
 and Portsmouth, and shall organize by electing one of their 
 number president, with such other officers as they may deem 
 proper, a majority of whom shall constitute a quorum "for the 
 transaction of business. 
 
 3. Be it further enacted, That the said board of harbor 
 commissioners shall have full power to regulate and define 
 the port wardens' lines along the water front of the cities of 
 Norfolk and Portsmouth, and the Elizabeth river, and branches 
 thereof, for five miles above and below the limits of said cities. 
 They shall have power to fix the lines along said rivers within 
 which the riparian owners may erect wharves, docks, and 
 other proper erections and fixtures for commercial and manu- 
 facturing purposes. The said board, or a majority of them, 
 shall have authority to cause the removal of any wharf, dock, 
 wreck or other obstruction to navigation, or that may, in their 
 opinion, be injurious to the harbor, at the expense of the 
 owner or owners, or the parties causing the obstructions: pro- 
 'vided, the rights of any owner or owners of wharves, whose 
 lines have heretofore been fixed by authority of state legisla- 
 tion, are in nowise to be disturbed. 
 
 4. Be it further enacted, That for the purpose of enabling 
 the said commissioners to carry out the purposes of this act, 
 they are hereby authorized to employ the services of a compe- 
 tent engineer, who shall make, or cause to be made, under the 
 direction of the commissioners, a survey of said harbor, 
 Elizabeth river and branches thereof. 
 
 5. Be it further enacted, That hereafter, when any dredging 
 or excavation shall be done in the harbor, the material exca- 
 vated shall only be deposited at such places in the river as may 
 be designated by the said harbor commissioners. 
 
 6. Be it further enacted, That the said board of harbor 
 commissioners shall have power to make and enforce such 
 rules and regulations for the preservation of the harbor as 
 they may from time to time deem necessary. 
 
 7. Be it further enacted, That the board of harbor commis- 
 sioners shall have power to appoint, annually, all harbor mas- 
 ters for the cities of Norfolk and Portsmouth, and assign their 
 duties and fix their compensation, and may remove them at 
 pleasure, and the powers of all harbor masters and port war- 
 dens, heretofore appointed and acting, shall cease and deter- 
 mine after the organization of the board. 
 
 8. Be it further enacted, That for the purpose of defraying 
 
LAWS OF VIRGINIA HARBOR. 177 
 
 the necessary expenses incurred by the board of harbor com- 
 missioners in carrying out the provisious of this act, the county 
 of Norfolk shall be assessed and shall pay two-sevenths of the 
 estimated expenses thereof; the city of Portsmouth two- 
 sevenths; and the city of Norfolk three-sevenths thereof: 
 provided, that the said commissioners shall receive no compen- 
 sation for their services, except it be allowed by their respec- 
 tive corporations, in which case the corporation making such 
 allowance shall provide for the payment of said commissioners. 
 
 9. Be it further enacted, That no person shall build any 
 wharf or other obstruction beyond the lines fixed by said com- 
 missioners, and any person doing this shall pay the sum of 
 twenty dollars for every such offence, and shall moreover be 
 fined in the sum of twenty dollars for every day such wharf 
 or other obstruction shall remain; and no person shall here- 
 after build or extend any wharf or other obstruction in or 
 upon the waters of the harbor of Norfolk or Portsmouth, 
 Elizabeth river and branches thereof, without first obtaining, 
 in writing, from said harbor commissioners, a permit for so 
 doing, under a penalty of twenty dollars for every day such 
 wharf or obstruction shall remain ; and it shall be the duty 
 of said board of commissioners to prosecute for the fines and 
 penalties imposed by this act. 
 
 10. Be it further enacted, That it shall be the duty of the 
 harbor commissioners, or a committee thereof, to examine from 
 time to time, all the docks, public and private, in Norfolk and 
 Portsmouth, and when it is the opinion of said commissioners, 
 or a majority of them, that any such docks are not in a proper 
 condition for the purposes for which they were designed and 
 used, they shall .cause a notice to be served upon the owner or 
 occupier of said dock, to repair and deepen the same, 
 and if such owner or occupier shall neglect or refuse 
 to attend to such dock or wharf, after twenty days' notice, 
 such person so offending shall forfeit and pay twenty dollars, 
 and the further sum of five dollars for every day he, she or 
 they, shall so neglect or refuse, and shall, moreover, pay all 
 expenses incurred by reason of such neglect or refusal. 
 
 11. Be it further enacted, That the board of harbor commis- 
 sioners shall publish an annual report of their proceedings, 
 and furnish a printed copy of the same to the governor, audi- 
 tor, judge of the Norfolk county court, and the mayor and 
 corporations of Norfolk and Portsmouth. 
 
 12. Be it further enacted, That all acts and parts of acts so 
 far as they conflict with the provisions of this act, are hereby 
 repealed. 
 
 13. This act shall be in force from its passage. 
 
 CHAP. 205. An ACT creating a Board of Harbor Commissioners of 
 Norfolk and Portsmouth, and for the preservation of the harbor of 
 Norfolk and Portsmouth. 
 
 Approved March 3, 1882. 
 
 1. Be it enacted by the general assembly of Virginia, That 
 
 23 
 
178 
 
 LAWS OF VIRGINIA HARBOR. 
 
 Commission- 
 ers 
 
 for the purpose of preserving and improving the harbor of 
 Norfolk and Portsmouth, seven commissioners shall be ap- 
 pointed by the governor three residents of the city of 
 Norfolk, two of the city of Portsmouth, and two of the county 
 of Norfolk. Any vacancy in said board occasioned by death, 
 resignation, or otherwise shall be filled in the same manner 
 as the original appointment. 
 
 Appointment 2. That said harbor commissioners shall be duly commis- 
 sioned by the governor, who shall hold their office for the term 
 ol four years, commencing from the date of their first appoint- 
 ment ; and the said commissioners shall be known as The 
 Board of Harbor Commissioners of Norfolk and Portsmouth 
 and Norfolk County, and shall organize by electing one of 
 their number president, with such other officers as they may 
 deem proper, a majority of whom shall constitute a quorum 
 for the transaction of business. 
 
 Powers, &c. 3. That the said board of harbor commissioners shall have 
 full power to regulate and define the port warden's line along 
 the water front of the cities of Norfolk, Portsmouth, and 
 Norfolk county, and the Elizabeth river and branches thereof 
 for five miles above and below the limits of said cities and 
 county. They shall have power to fix the lines along said 
 rivers, within which riparian owners may fix wharves, docks, 
 and other proper erections and fixtures for commercial and 
 manufacturing purposes. The said board, or a majority of 
 them, shall have authority to cause the removal of any wharf, 
 dock, wreck, or other obstruction to navigation, or that may, 
 in their opinion, be injurious to the harbor, at the expense of 
 the owner or owners or the parties causing the obstructions ; 
 provided, the rights of any owner or owners of wharves whose 
 lines have heretofore been fixed by authority of state legisla- 
 tion, are in no way to be disturbed. 
 
 4. That for the purpose of enabling the said commissioners 
 to carry out the purposes of this act, they are hereby author- 
 ized to employ the services of a competent engineer, who shall 
 make or cause to be made, under the direction of the commis- 
 sioners, a survey of said harbor, Elizabeth river, and branches 
 thereof. 
 
 5. That hereafter, when any dredging or excavation shall 
 be done in the harbor, the material excavated shall only be 
 deposited at such places in the river as may be designated by 
 said harbor commissioners. 
 
 Regulations 6. That the said board of harbor commissioners shall have 
 power to make and enforce such rules and regulations for the 
 preservation of the harbor as they may, from time to time, 
 deem necessary. 
 
 Fees, &c. ?. That the governor shall, so soon thereafter as practica- 
 
 ble, after the passage of this act, appoint two harbor masters 
 for the ciities of Norfolk, Portsmouth, and Norfolk county, 
 whose duties shall be assigned and compensation and fees 
 fixed by the board of harbor commissioners of Norfolk, Ports- 
 mouth, and Norfolk county, and who shall be under their 
 control and direction. One of said harbor masters shall be a 
 
 Employ an 
 engineer 
 
 Dredging 
 
LAWS OF VIRGINIA HARBOR- 179 
 
 resident and citizen of the city of Norfolk, and the other a 
 resident and citizen of the city of Portsmouth or Norfolk 
 county. 
 
 8. That for the purpose of defraying the necessary expenses Expenses 
 incurred by the board of harbor commissioners in parrying 
 
 out the provisions of this act, the county of Norfolk shall be 
 assessed and shall pay two-sevenths of the estimated expenses 
 thereof, the city of Portsmouth two-sevenths, and the city of 
 Norfolk three-sevenths thereof; provided, that the said com- 
 missioners shall receive no compensation for their services, 
 except it be allowed by their respective corporations and board 
 of supervisors of Norfolk county ; in which case the corpora- 
 tion or said board making such allowances shall provide for 
 the paymen t of said commissioners. 
 
 9. That no person shall build any wharf or other obstruc- wharves, &c. 
 tion beyond the lines fixed by said commissioners, and any 
 
 person doing this shall pay the sum of twenty dollars for 
 every such offence, and shall moreover be fined in the sum of 
 twenty dollars for every day such wharf or other obstruction 
 shall remain ; and no person shall hereafter build or extend 
 any wharf or other obstruction in or upon the waters of the 
 harbor of Norfolk or Portsmouth, Elizabeth river or branches 
 thereof, without first obtaining, in writing, from said board of 
 commissioners a permit for so doing, under a penalty of 
 twenty dollars for every day such wharf or obstruction shall 
 remain ; and it shall be the duty of said harbor commissioners 
 to prosecute for the fines and penalties imposed by this act. 
 
 10. That it shall be the duty of the harbor commissioners, 
 or a committee thereof, to examine, from time to time, all the 
 docks, public and private, in Norfolk and Portsmouth and 
 Norfolk county, within the jurisdiction of said board, and 
 when it is the opinion of said commissioners, or a majority of 
 them, that any such docks are not in a proper condition for 
 the purposes for which they were designated and used, they 
 shall cause a notice to be served upon the owner or occupier 
 of said dock, and they shall repair and deepen the same ; and 
 if such owner or occupier shall neglect or refuse to attend to 
 such dock or wharf after twenty days' notice, such person so 
 offending shall forfeit and pay twenty dollars, and the further 
 sum of five dollars for every day he, she, or they shall neglect 
 or refuse, and shall moreover pay all expenses incurred by 
 reason of such neglect or refusal. 
 
 11. That the board of harbor commissioners shall publish Annual report 
 an annual report of their proceedings, and furnish a printed 
 
 copy of the same to the governor, auditor, judge of Norfolk 
 county court, and to the judges of the corporation courts of 
 the cities of Norfolk and Portsmouth. 
 
 12. That all acts and parts of acts, so far as they conflict 
 with the provisions of this act, are hereby repealed. 
 
 13. This act shall be in force from its passage. Commencem't 
 
180 
 
 LAWS OF VIRGINIA HARBOR. 
 
 Harbor com- 
 rnissioners to 
 
 1 
 
 Term of 
 service 
 
 Organization 
 
 Duties 
 
 Report to be 
 made 
 
 Acts of Assembly, 1883-'84. 
 
 CHAP. 148. An ACT to amend and re-enact sections 1, 2, 7, and 11 
 of an act creating a board of Harbor Commissioners of Norfolk 
 and Portsmouth, and for the preservation of the harbor of Norfolk 
 and Portsmouth, approved March 3, 1882. 
 
 In force February 23, 1884. 
 
 1. Be it enacted by the general assembly of Virginia, That 
 sections one two, seven, and eleven of an act creating a board 
 of harbor commissioners of Norfolk and Portsmouth, and for 
 the preservation of the harbor of Norfolk and Portsmouth, be 
 amended and re-enacted as follows : 
 
 1. That for the purpose of preserving and improving the 
 harbors of Norfolk and Portsmouth, there shall be appointed 
 as soon as may be, after the passage of this act, a board of 
 harbor commissioners, to consist of seven persons, three of 
 whom shall be appointed by the councils of the city of Nor- 
 folk, upon the nomination of the chamber of commerce of 
 Norfolk, and in the event that there be no chamber of com- 
 merce, then by the cotton exchange, two by the council of the 
 city of Portsmouth, and two by the board of supervisors of 
 the county of Norfolk. 
 
 2. The said commissioners shall hold their office for a 
 term of four years, beginning on the first day of January, 
 eighteen hundred and eighty-four, unless sooner removed from 
 office, and until their successors shall have been elected and 
 qualified, and a majority of them shall constitute a quorum 
 for the transaction of business. The said commissioners shall 
 be a board to be known as the board of harbor commissioners 
 of Norfolk and Portsmouth, and shall organize by electing 
 one of their number president, and such other officers as may 
 be necessary for the proper dispatch of such business as may 
 come before them. All vacancies which may occur in the 
 board, shall be filled in the same manner as the original ap- 
 pointments. 
 
 7. That the board of harbor commissioners shall have 
 power to appoint, annually, all harbor masters for the cities of 
 Norfolk and Portsmouth, and assign their duties and fix their 
 compensation, and may remove them at pleasure ; provided, 
 however, that there shall not be less than two harbor masters 
 for said port, one of whom may be a resident of the city of 
 Norfolk. The powers of all harbor masters and port wardens 
 heretofore appointed and acting shall cease and determine 
 after the organization of the board. 
 
 11. That the board of harbor commissioners shall pub- 
 lish an annual report of their proceedings, and furnish a 
 printed copy of the same to the governor, auditor, councils of 
 the city of Norfolk, council of the city of Portsmouth, and 
 board of supervisors of Norfolk county ; and in the discharge 
 of the duties of their office shall be governed, in the matter 
 of the expenditure of money, by the concurrent resolution 
 adopted by the councils of the city of Norfolk, the council of 
 the city of Portsmouth, and the board of supervisors of 
 
REGULATIONS HARBOR MASTERS. 181 
 
 Norfolk county ; and before entering upon the discharge of 
 their duties, the members of said board shall qualify by taking 
 the oath of office required by the laws of this commonwealth. 
 
 2. All acts and parts of acts, so far as they conflict with 
 the provisions of this act, are hereby repealed. 
 
 3. This act shall be in force from its passage. Commenoem't 
 
 Regulations Adopted by the Harbor Commissioners. 
 HARBOR MASTERS THEIR GENERAL DUTIES. 
 
 Their jurisdiction is concurrent over the harbor of Norfolk 
 and Portsmouth. 
 
 They are vested with authority to designate the anchorage 
 grounds of all vessels, and are required to keep the channel - 
 way and track of steamers clear. 
 
 It is their duty to berth vessels at appropriate wharves and 
 docks; and when called upon by the proprietor or occupant 
 of any wharf or dock to change the berth of any vessel lying 
 at such occupant's premises, it is made their duty to move 
 such vessel to some other wharf, or to a safe anchorage in the 
 stream. 
 
 They are charged with the execution of the police regula- 
 tions which have been or may hereafter be adopted for the 
 better government of the harbor, and will report all delin- 
 quents, and offenders to the committee on harbor police. 
 
 The practice of boarding vessels below, or on their arrival in 
 the harbor, is deemed no longer necessary, and the harbor 
 masters are henceforth relieved of this duty, but they are 
 required to see that the regulations forbidding vessels from 
 anchoring in the channel-way, or in the track of steamers is 
 strictly observed. 
 
 They shall be entitled to receive, as compensation, fees, as 
 follows, viz : 
 
 Three dollars ($3) per month from each steamer (except 
 those trading through the canals, ferry boats, and tugs) that 
 runs regularly to the port; and from all transient vessels 
 arriving from or destined to any foreign port, as follows : 
 Schooners and Brigs - - - - $3 00 
 Barks 4 00 
 
 Ships 5 00 
 
 Steamships 5 00 
 
 They shall also he entitled to receive from all vessels in the 
 coasting trade arriving here, whose length over all is 75 feet 
 and upwards, a fee of S3, to be paid only once in a twelve 
 month. The harbor masters are required to keep a register of 
 all such coasting vessels for reference and for examination by 
 the commissioners. 
 
 They are required to see that the regulations of the United 
 States government requiring fog horns to be blown, or ships' 
 bells rung, by all vessels anchored within the harbor during 
 the pre?alence of a fog, are strictly conformed to, and will 
 report all delinquents to the committee on harbor police. 
 
182 LAWS OF VIRGINIA. 
 
 REGULATIONS REQUIRED TO BE OBSERVED IN THE 
 HARBOR. 
 
 1. No vessel having gunpowder on board shall approach 
 any wharf nearer than 200 yards. Such vessel shall anchor 
 out of the Avay of passing steamers, and shall keep a red flag 
 flying while receiving or discharging powder. 
 
 The handling of powder to and from vessels in the harbor 
 must be under the supervision of a harbor master, whose duty 
 it is to see that every precaution against danger of ignition 
 and explosion is adopted and rigidly observed. 
 
 2. All vessels at the end of wharves, or in docks, shall, 
 when required, haul either way to accommodate vessels going 
 in or coming out from such wharves or docks They shall not 
 occupy regular steamers' or sailing packets' berths, without 
 permission from the recognized occupants of such wharves 
 and docks. And they are required to rig in all fore and aft 
 spars, have boats hoisted up under the bow, and davits turned 
 up, as the harbor master may direct. 
 
 3. Vessels when not engaged in loading or discharging 
 cargo shall give place to such vessels as are ready to receive or 
 deliver freights. And if the captain or person in charge of 
 any vessel refuses to move said vessel when notified by the 
 occupant of the wharf at which she is lying, the harbor master 
 shall order him to haul to some other berth, or in the stream ; 
 and should the captain or person in charge refuse to obey the 
 orders of the harbor master, then the harbor master shall 
 himself move the vessel at the owner's expense, by use of steam- 
 tug if necessary, and shall be entitled to a fee of $5, to be 
 
 recovered from the owners of the offending vessel. 
 
 4. Vessels dropping out from wharves or docks prepara- 
 tory to departure for sea, must anchor under the direction of 
 a harbor master, so as not to obstruct passing vessels in the 
 channel-way. 
 
 5. All vessels, boats and lighters over ten tons burden shall 
 have at all times a ship keeper on board, and all such are 
 required to move whenever ordered to do so by a harbor master ; 
 and no vessel, boat or lighter shall anchor at or make fast to 
 any wharf so as in any way to obstruct the passage of any 
 regular ferry boat. 
 
 6. Whenever the services of a harbor master are required to 
 move a vessel from the stream to any wharf, after being once 
 berthed at her wharf, to land or receive cargo, or from any 
 wharf to the stream, or from one wharf to another, the harbor 
 master, when so employed, shall be entitled to receive from 
 the master or agent of such vessel, for his services, a fee not 
 less than $2 nor more than $5, according to the size of the 
 vessel, viz : 
 
 For a medium size schooner - $2 00 
 
 For brigs and large schooners - 3 00 
 
 For ships and barks - 5 00 
 
 It is not intended to invest the harbor masters with any 
 
REGULATIONS OF HARBOR COMMISSIONERS. 183 
 
 right or privilege to superintend in person the shifting of 
 vessels from berth to berth. This section is designed only to 
 provide for cases when harbor masters are actually employed 
 by masters or consignees, or when the authority of a harbor 
 master is invoked to move a vessel irom berth to berth against 
 the will of the master. 
 
 7. It shall not be lawful for any boat or vessel propelled in 
 whole or in part by steam to enter the harbor at or above the 
 Naval Hospital Light, or to depart from said harbor or any part 
 of it at a greater speed than four miles per hour. And the 
 master or commander of any such boat or vessel who shall 
 enter or depart from said harbor, within the above limits, at a 
 greater sped than here prescribed shall forfeit and pay the sum 
 of $50 for each and every offence, to be recovered before any 
 justice of the peace of the city of Norfolk, city of Portsmouth, 
 or county of Norfolk. One-half the fine to go to the informer 
 and the remaining half to go to the commissioner's fund for 
 defraying expenses. And in addition such master or com- 
 mander shall be liable for any damage done to any vessel or 
 wharf by his steamer going at a greater rate of speed than is 
 here prescribed. This order, so far as relates to the speed of 
 steamers, is not intended to apply to regular ferry steamers. 
 Whilst this restriction as to the speed of steamers does not 
 apply to ferry boats, it is understood, and is so ordered, that 
 the said ferry boats 7 owners or managers shall be required so 
 to sheathe the spiles in their docks as to prevent the waves 
 from damaging contiguous wharf property. 
 
 The harbor masters will see that due notice of this section 
 is served on the masters of all steamers. 
 
 8. The harbor masters have full authority, and they are 
 hereby required so to regulate the manner in which a vessel 
 shall lie at any of the public wharves, that the facilities for 
 discharging and receiving cargoes may be afforded as generally 
 as may be practicable, and as will best promote the public 
 interest Any person having charge of any vessel, who shall 
 refuse or neglect to obey the harbor master in carrying out 
 this section shall forfeit and pay a fine of $5 for each and 
 every often ce. 
 
 9. No person in charge of any ship or vessel shall permit 
 any fire to be kept on the deck thereof while lying at any 
 wharf or dock within the harbor, between the hours of 10 
 o'clock at night and 5 o'clock in the morning, from the 1st of 
 April to the 1st of October; and between the hours of 9 
 o'clock at night and 6 o'clock in the morning from 1st Octo- 
 ber to 1st April. Any one offending against this section shall 
 forfeit and pay a fine of $20 for each and every offence. 
 
 10. Stone, coal, ballast, sand, manure, oyster shells, ashes or 
 dirt of any kind whatsover shall not be taken on board any 
 vessel lying at a public or private wharf, under a penalty of 
 $20, unless the master of such vessel first obtain the written 
 permission of a harbor master. And the harbor masters are 
 required, before granting permission as aforesaid, to see that 
 the master of such vessel has taken all necessary precautions 
 
184 REGULATIONS OF HARBOR COMMISSIONERS. 
 
 to prevent injury to the navigation of the harbor by any such 
 articles falling therein. 
 
 11. If any person shall cast or throw any ballast, dirt, oyster 
 shells, filth, or trash into the water in any part of the harbor 
 of Norfolk and Portsmouth, or on the shores of said harbor 
 below high water mark, unless for the purpose of making a 
 wharf, after permission obtained for the purpose, and which 
 wharf shall be sufficiently inclosed and secured so as to pre- 
 vent injury to navigation, such person so offending shall 
 forfeit and pay for every offence, not less than $20 nor more 
 than $50 ; one-half to the informer and the remaining half to 
 the commissioners' fund. 
 
 [ The term " Harbor of Norfolk and Portsmouth " in this 
 section, as well as in all other sections where it occurs, is 
 meant to include the jurisdiction of the commissioners, viz:-- 
 five miles above and five miles below the limits of the two 
 cities.] 
 
 12. If any vessel shall be lying in any dock in Norfolk or 
 Portsmouth, or at the entrances thereof, so as to obstruct any 
 vessel that shall be coming into the same, or moving from one 
 place to another therein, or going out of the same, the vessel 
 so obstructing, unless actually engaged in loading or unload- 
 ing, and then if deemed expedient by the harbor master, shall 
 be removed to such place as shall be necessary to give room to 
 the passing vessel, under a penalty at the rate of $5 per hour 
 for the delay which shall be occasioned to the passing vessel, 
 unless in cases where some unavoidable casualty or accident 
 may make it impracticable to remove such obstructing vessel. 
 
 13. It shall be the duty of the captain or other person hav- 
 ing in charge any vessel lying at any of the public wharves or 
 docks, to top the yards, rig in the jib booms, and place the 
 anchor or anchors on the deck of such vessel whenever 
 required so to do by the harbor master, or the occupant of any 
 wharf, or his agent; and any person having charge of any 
 vessel who shall neglect or refuse to obey the directions afore- 
 said shall forfeit and pay a fine of $5 for each and every 
 offence. 
 
 14. No ballast of any kind, or coal, shall be landed on any 
 wharf or dock in the harbor, except by permission and under 
 the supervision of the harbor masters, who are directed to see 
 that every precaution is observed to prevent its falling into 
 the water. And for such supervision the supervising harbor 
 master shall be entitled to receive, from all such vessels, $1 
 per day for each day or part of a day they are engaged in land- 
 ing ballast Any one offending against this section shall 
 forfeit and pay a fine not less than $5 nor more than $20. No 
 fee shall be charged for supervising the landing of coal, but 
 offenders shall be liable to the fine. 
 
 15. No pitch or tar, or other inflammable matter, shall be 
 heated on board any vessel lying at any wharf or dock in the 
 harbor. Hut the same may be done on a floating stage or 
 lighter. Penalty $5 for every offence. 
 
 16. Vessels coming to anchor at any point above Hospital 
 
REGULATIONS OF HARBOR COMMISSIONERS. 185 
 
 Light must anchor on or near the flats as possible, so that the 
 channel-way will not be obstructed; and if to remain over 
 forty-eight (18) hours, they must be moored with both 
 anchors, so as not to swing within one hundred yards of any 
 wharf. 
 
 17. All vessels coming to anchor below the naval anchor- 
 age buoy abreast the Hospital Light, shall anchor in a direct 
 line with said buoy, and shall be moored so as to keep the 
 channel-way to the southward well open for vessels bound in 
 or out. 
 
 18. Vessels whose draft of water will admit of loading on 
 the flats out of the way of passing steamers will be permitted 
 so to load, but no vessel whose draft of water when loaded is 
 over eight feet will be allowed to load in the stream, except in 
 cases of emergency, and .then only by special permission from 
 the harbor commissioners. 
 
 19. Shooting from the deck of any vessel or boat within the 
 harbor is positively prohibited. Any violation of this order 
 will subject the party so offending to a fine of $5. 
 
 20. Steamers of all classes are expected to use coal as fuel 
 for their engines; but should any steamer plying in this 
 harbor use wood as fuel, " spark catchers " or some other 
 effectual spark extinguisher must be attached to the smoke 
 stacks of all such steamers, so as to prevent the-escape of burn- 
 ing flakes. A non-observance of this section will subject the 
 offending steamer and owners to a fine of $20 for each and 
 every offence ; and to full damages for any loss that may be 
 sustained by fire traceable to any such steamer using wood for 
 fuel. 
 
 21. The dumping of ashes from steamers into the waters of 
 the harbor is strictly forbidden, under a penalty of not less 
 than $20 nor more than $50 for each and every offence. One- 
 half to go to the informer and the remaining half to the com-, 
 missioners' fund. 
 
 22. Whenever it becomes necessary to use a conveyance or 
 to incur any expense in visiting localities with a view to 
 defining lines for the construction of wharves or other improve- 
 ments, such expense shall be borne by the parties making 
 application for permits, for whose benefit the lines are to be 
 defined. 
 
 23. Piles, painted red, have beeri driven along certain 
 sections of the unimproved water front of the harbor to mark 
 the established port warden lines. Similarly painted piles 
 will be driven in all the unimproved sections so soon as port 
 warden and limiting lines are decided upon for those sections. 
 Masters of all classes of craft, and all other persons are for- 
 bidden from making fast to these piles, or to disturb them in 
 any way, under a penalty of $5 for every offence. 
 
 It is ordered, that in all cases where a penalty is not 
 affixed for a violation of any section of the harbor regulations, 
 the penalty in each case shall not be less than $5 nor more 
 than $20. One-half to go to the informer and the remaining 
 half to the commissioners' fund, to be recovered as in all other 
 
 24 
 
186 REGULATIONS OF HARBOR COMMISSIONERS. 
 
 cases, before any justice of the peace of the city of Norfolk, 
 city of Portsmouth, or county of Norfolk. 
 
 In case application is made for any change in the limit- 
 ing lines, it is ordered, that no resolution granting the 
 privilege of extending any wharf or pier into the harbor 
 beyond the prescribed limits shall be considered until four (4) 
 weeks' notice of the application shall have been given in at 
 least one of the newspapers published in Norfolk and Ports- 
 mouth, by advertisement inserted at least twice a week therein, 
 for four (4) consecutive weeks. Nor shall any such applica- 
 tion be considered or acted upon until a definite statement of 
 the extension proposed is presented and filed with the secre- 
 tary of the board of harbor commissioners ; unless the 
 exigencies of a case shall require immediate action, which 
 exigency shall be determined by two-thirds of the members 
 present. (Amendment adopted at meeting held 12th April, 
 1880.) 
 
 No wharf shall be run out, made, altered, enlarged or 
 extended beyond the prescribed limits. And no person shall 
 make, alter or extend any wharf without laying before the 
 board of harbor commissioners a plan in duplicate of said 
 wharf, and obtaining the written approval of the president of 
 the board to the same. One copy of the plan, when approved, 
 shall be filed -with the secretary of the board, and the other 
 returned to the person presenting it. 
 
 Any one offending against this section shall forfeit and pay 
 a fine of not less than one hundred (100) dollars nor more 
 than five hundred (500) dollars. 
 
 The following orders were adopted October 31st, 1881 : 
 
 The attention of parties interested is called to the following 
 orders of the board of harbor commissioners in relation to 
 dumping of excavations : 
 
 A dumping ground for the deposit of all excavations within 
 the harbor and its approaches having been established at 
 Craney Island flats, Avithin defined limits, it, is ordered, that 
 all such excavations be dumped thereon, and nowhere else, 
 under a penalty for each and every offence of not less than 
 $50 nor more than $100, to be recovered according to law, of 
 the master or owner of the offending tug. 
 
 It is also ordered, that no tug or other steamer with loaded 
 dumpers in tow shall leave the dredge or dredges later than 
 two hours before sunset, so that the dumping ground may be 
 reached at or before sunset. 
 
 Any tug or other steamer offending against this order shall 
 be fined not less than $50 nor more than $100, to be recovered 
 as provided in the preceeding section. 
 
 One-half the penalty in either case to go to the informer, 
 and the remaining half to the commissioners' fund. 
 
PILOT LAWS. 187 
 
 PILOT LAWS. 
 
 OHAP. 62. An ACT to repeal chapter 91 of the Code of 1873, and 
 all acts and parts of acts, in relation to pilots and piloting of ves- 
 sels, and to enact a law to govern and regulate pilots and piloting 
 of vessels in the waters of the State of Virginia. 
 
 Approved April 21, 1882. 
 
 1. Be it enacted by the general assembly, That chapter pnot laws 
 ninety-one of the Code of Virginia of eighteen hundred and amended - 
 seventy three, and all acts and parts of acts heretofore passed, 
 
 in relation to pilots and the piloting of vessels, be and the 
 same are hereby repealed, and that the following provisions 
 be and the same are hereby substituted therefor, so as to read 
 as follows : 
 
 2. The court of Elizabeth county shall appoint three per- Board of corn- 
 sons, only one of whom shall be a branch pilot, and the cor- mi881 ner8 
 poration court of Norfolk city, four persons, only two of whom 
 
 shall be branch pilots, to constitute a board of commissioners 
 to examine persons applying for branches as pilots. The 
 board of commissioners shall hold its meetings in the city of 
 Norfolk, and four members thereof shall constitute a quorum. 
 And said commissioners shall have full authority to make such 
 rules as they may think necessary for the proper government 
 and regulation of pilots licensed by them. 
 
 3. The court by which any commissioner is appointed, may court may re- 
 remove him for incapacity, neglect of duty or misconduct, and 
 
 may fill a vacancy happening in the office of commissioner 
 from any cause. 
 
 4. Every person applying to the said board to be examined, Applicants to 
 shall produce a certificate of the court of the county or cor- be f xa n f? 
 
 ,. L . 1-11 -j n i i j and appointee 
 
 poration in which he resides, that he is of honest demeanor, to give bond 
 
 and a citizen of the state, and furnish proof of his having 
 
 served as an apprentice to some pilot of the state for five years. 
 
 If the board of examiners find him qualified to act as a pilot, 
 
 they shall take from him a bond, in the penalty of five hun- 
 
 drecl dollars, and grant him a branch on his paying to said 
 
 board five dollars ; and they shall return said bond to the 
 
 clerk of the corporation court. Every pilot holding a branch 
 
 shall renew the same every twelve months ; for which renewal 
 
 he shall pay one dollar, and all pilots who have heretofore 
 
 held branches under the pilot laws of this state, shall renew 
 
 said branches within sixty days after the organization of the 
 
 commission herein provided for. 
 
 5. All pilots shall be arranged into three classes, and every Pilot9 arramr _ 
 branch shall designate whether the pilot thereby commissioned ed in classes 
 belongs to the first, second, or third class. 
 
 6. Pilots of the first class may pilot and conduct vessels of Duties 
 every burthen and description ; those of the second class shall 
 
 be confined to vessels whose draft of water does not exceed 
 fifteen feet, and those of the third class to vessels whose draft 
 of water does not exceed twelve feet. 
 
 7. Every pilot, or the company to which he belongs, shall Pilot-boat 
 keep one sufficient boat of at least thirty feet keel, which he 
 
188 PILOT LAWS. 
 
 shall be attached to and cruise in, and any one acting as a 
 pilot without having such a boat, shall forfeit one hundred 
 and fifty dollars to any person who may sue for the same. 
 Penaiay for 8. If any pilot boat shall not have her name, and the port 
 to which she belongs, marked ten feet below the head of her 
 foresail on each side, in letters at least nine inches long, the 
 owners thereof shall have no fees of pilotage, except in case of 
 steam pilot boats, which shall hare her name on each bow 
 instead of on her foresail. 
 
 Duty of com- 9. If any apprentice of a pilot, being examined by the board 
 
 regar?i n tolp? of commissioners which appointed his master, shall be judged 
 
 prentices by them qualified, they may endorse on a copy of his master's 
 
 branch the name of the pilot boat, her port, and the class to 
 
 which said master belongs, and thereupon such apprentice 
 
 may conduct and pilot vessels, as his master might do, and 
 
 subject to the same regulations. 
 
 Unauthorized 10. If any person, not authorized by law, or any pilot, after 
 punisned w removing from the state, shall undertake to conduct or pilot a 
 vessel to or from the sea; or to or from any port or place in 
 Virginia, or if any master or person on board any steamboat 
 or towboat, shall tow a vessel to or from sea, or to or from any 
 port or place in Virginia, except as authorized by this act, 
 without having a pilot on board of such vessel, if one shall 
 offer his service, he shall be deemed guilty of a misdemeanor, 
 and, upon conviction thereof, shall be imprisoned in the county 
 or city jail, for not more than three months, or fined any sum 
 not exceeding two hundred dollars, at the discretion of the 
 court; and any master employing any person not authorized 
 by law, or any pilot who has removed from the state, to act as 
 pilot of his vessel, shall forfeit and pay one hundred dollars 
 to any regular branch pilot who shall sue for the same; and 
 warrants for such offenders may be issued upon the oath of any 
 party complaining, by any justice of the peace of any county, 
 or mayor or justice of the peace of any city in this state, in 
 which such offender may be at the time; and, upon proof of 
 probable cause, the offender shall be bound, with security in 
 due form of law, to appear at the next term of the circuit, 
 county, or hustings court of said county or city, for trial of 
 such misdemeanor, and the circuit, county, or corporation court 
 of said county or city, shall have jurisdiction for the trial 
 thereof, as in other cases of misdemeanor. 
 
 Exception in n. The preceeding section shall not prevent any pilot of 
 ary this state or Maryland, or any other person, from assisting a 
 vessel in distress, that he may fall in with, having Cape Henry 
 in view (and no authorized branch pilot appearing), nor from 
 conducting said vessel into Hampton roads, or any other har- 
 bor. Any such pilot, or other person aforesaid, shall be 
 entitled to full pilotage ; but if he is not a pilot, he shall 
 deliver up the said vessel to any authorized pilot of this state, 
 who may offer his services to take charge of her, and then 
 shall receive from such pilot half the pilotage. 
 
 12. The master of every vessel (other than a coasting vessel 
 having a pilot license), inward bound from sea, shall take the 
 
PILOT LAWS. 189 
 
 first Virginia pilot that offers his services, Cape Henry bear- 
 ing west of south to Smith's point, Yorktown, Newport News to pilot* 
 or Norfolk, or any intermediate point; and any such vessel, 
 outward bound, shall take the first pilot that offers his services 
 at Smith's point, Yorktown, Newport News, or Norfolk, or 
 any intermediate point, to sea ; and any master refusing to do 
 so, shall immediately pay to the said pilot full pilotage from 
 the sea to Newport News, Smith's point, Yorktown, or' Nor- 
 folk, from said ports to sea, as the case may be ; but no master 
 of a vessel coming from sea shall be compelled to take a 
 pilot after arriving within the line at which Cape Henry bears 
 west of south ; provided further, that any registered vessel 
 arriving within the line of Cape Henry, bearing west of south, 
 without having taken a pilot, bound for Norfolk, Newport 
 News, or Richmond, shall not be liable for pilotage; but the 
 master may pilot his own vessel to Hampton roads, and there 
 employ any steamboat or towboat to tow his vessel to her port 
 of destination ; but in no instance will any master be allowed 
 to employ any steamboat or towboat below Hampton roads 
 without paying full pilotage to the first regular pilot that 
 offers his services to said vessel, and any master so employing 
 a steamboat or towboat below Hampton roads without a pilot 
 on board of such vessel, when one shall have offered his 
 services, shall be liable to the penalty prescribed in section 
 ten of this act. This provision applies only to inward bound 
 vessels. 
 
 13. No master shall be required to have a pilot to conduct Exception 
 his vessel or steamboat above Newport News, Yorktown, Mob- 
 
 jack bay, Urbanna, or Smith's point, but he may, by himself, 
 or by any person regularly employed on board, pilot his own 
 vessel, or he may employ the services of any towboat to tow 
 his vessel to her port of destination above any of the above- 
 named points. 
 
 14. Pilots shall appoint agents one for Norfolk city and Pilot8 to ap _ 
 one for Richmond who shall grant licenses to coasting ves- point agents 
 sels trading in all the rivers of this state, for which license 
 
 such agents shall receive ten per centum per ton for one year, 
 and coasting vessels having such licenses shall be free to sail 
 without pilots to or from sea ; but all vessels sailing under a 
 coasting license of the burden of seventy tons or more, com- 
 ing from or going to sea, not having obtained a license from 
 such agent, shall be subject to the same regulations and 
 pilotage as registered vessels belonging to citizens of the 
 United States. 
 
 15. The master of any coasting vessel wanting a pilot to any signal 
 port in this state, shall signify it by a signal at his foremast 
 
 or fore topmast head ; whereupon a pilot shall repair to and 
 pilot said vessel. 
 
 1C. Pilots shall have pilotage at the following rates : For ^ R&ies of pllot . 
 every vessel owned by citizens of the United States, and for ago 
 every vessel owned by a citizen or subject of any foreign state, 
 whose vessels are by treaty placed on the same footing as 
 vessels of tjie Tnited States, if the vessel be spoken or boarded 
 
190 
 
 PILOT LAWS. 
 
 Concealing 
 name of ves- 
 sel; penalty 
 
 Detention of 
 pilot 
 
 Pilot's pay 
 
 to the eastward of Cape Henry, there shall be paid for each 
 foot the vessel draws, as follows : From sea to Smith's Point, 
 West Point, Newport News. Norfolk, or any place between 
 Smith's Point, West Point, Newport News, or Norfolk, vessels 
 drawing ten feet and under, two dollars and fifty cents ; 
 vessels drawing thirteen feet and over ten feet, three dollars ; 
 vessels drawing fourteen feet and over thirteen feet, three 
 dollars and fifty cents ; vessels drawing sixteen feet and over 
 fourteen feet, four dollars ; vessels drawing over sixteen feet, 
 four dollars and fifty cents. If the vessel shall be boarded or 
 spoken twenty miles or more eastward of Cape Henry, twenty- 
 five cents per foot shall be added to the foregoing rates. 
 There shall be paid the same pilotage from Smith's Point, 
 West Point, Newport News, or Norfolk, or any intermediate 
 point to sea, as from sea to those places ; and from Newport 
 News to Jamestown, or any place between Newport News and 
 Jamestown, one dollar and thirty-five cents per foot ; from 
 Newport News to Richmond, or any place between James- 
 town and Richmond, two dollars and fifty cents per foot ; and 
 the same rates of pilotage shall be paid from said places 
 respectively down. Vessels coming from sea to Hampton 
 roads and thence to any port in Maryland, shall be subject to 
 the same rate of pilotage as vessels bound from Newport 
 News to sea. All vessels coming to Hampton roads, seeking, 
 in ballast, shall only pay one-half pilotage in and one-half out ; 
 provided, however, that if such vessel coming to Hampton 
 roads, seeking, is afterwards chartered to load in any port or 
 place in this state, she shall pay the usual pilotage in and out 
 as though she had come to a direct port. All steamers calling 
 in any port or place in this state for the sole purpose of coal- 
 ing, shall only pay one-half pilotage in, and one-half.pilotage 
 out. All vessels that go from Norfolk to Newport News to 
 load or to finish loading, and all vessels that go from Newport 
 News to Norfolk to load or finish loading, shall, if they take 
 a pilot, which shall be optional with the master, pay a fee of 
 ten dollars to the pilot for transporting any such vessel to or 
 from either place. 
 
 17. If the master of any vessel shall conceal or obscure the 
 name thereof, or refuse to disclose the same when spoken by a 
 pilot, he shall forfeit to the said pilot fifty dollars. 
 
 18. If any pilot notified to attend a vessel shall be detained, 
 he shall have three dollars for each day's detention. 
 
 19. Any pilot who shall attend any vessel with his boat, at 
 the request of tne master or owner, shall have fifty dollars per 
 day; any master carrying any pilot to sea, shall pay him wages 
 at the rate of seventy-five dollars per month. 
 
 Following 
 vessels having- 
 pilot 
 
 Detention of 
 pilot 
 
 20. If any vessel having no pilot on board follow another 
 that has a pilot, such pilot shall have pilotage for the vessel 
 so following. 
 
 21. Any pilot being detained on board any sea-going vessel, 
 shall be entitled to three dollars for each day he may be so 
 detained, to be paid by the master, owner or consignee of such 
 
 If any such pilot be carried beyond the limits of his 
 
PILOT LAWS. 191 
 
 state against his will, he shall be entitled to recover the sura 
 of three hundred dollars from the master or owner of the 
 vessel upon which he may have been carried away. All ves- 
 sels having a branch pilot, and arriving at the pilot station, 
 shall remain there fifteen hours, if required, to give such pilot 
 an opportunity to be taken off, under a penalty of fifty dollars. 
 
 22. Hereafter all vessels transported from the naval anchor- Naval 
 age to the navy-yard by any pilot, shall pay the sum of twenty ar 
 dollars. 
 
 23. The first pilot who meets a vessel coming, in which his First pilot 
 branch entitles him to conduct, shall have the right to take emp^/ed be 
 charge of and conduct her into York river, Hampton roads, 
 Newport News, Norfolk, Mobjack bay, Urbanna, or Smith's 
 
 point aforesaid, and to receive the pilotage allowed by law ; 
 but any pilot that boards a vessel off any vessel other than his 
 boat, shall give the same to the first authorized pilot that 
 offers his services from a lawful Virginia pilot-boat anywhere 
 below the Thimble light; and the master of any such vessel 
 employing a pilot from any other than a lawful Virginia pilot- 
 boat, shall be liable to the first regularly licensed pilot that 
 offers his services from a lawful pilot-boat of this state any- 
 where below Thimble light. 
 
 24. Every pilot cruising or standing out to sea shall offer Duty of pilots 
 his services to the vessel of his class nearest to land or in most 
 
 distress. 
 
 25. The master and owner of every vessel shall each be Liability for 
 liable to the pilot for his pilotage and other allowances, and pi 
 
 also the consignee or supercargo of any vessel not owned by a 
 citizen of the state ; and if the said consignee or supercargo 
 refuse to become responsible to the pilot for his fee, then the 
 master or owner of said vessel shall deposit the amount of 
 pilotage fees due in the hands of some responsible person 
 before leaving her port of departure, subject to the order of 
 the pilot. 
 
 26. Pilots may state their accounts, verified by affidavits, p ilot ' 8 
 and lodge them with their agents in Norfolk, Richmond, accounts 
 Newport News, or Yorktown, or wherever they may think it 
 necessary to appoint such agent for collection ; and if any 
 person liable on any such account, shall fail to pay the amount 
 thereof to the agent or the pilot himself within three days' 
 
 after demand made, he shall pay five dollars (in addition to 
 said amount) to said pilot. 
 
 27. The board of commissioners may decide any contro- commis- 
 versy between pilots to whom it has granted branches, or^ ^ 8 ^. 
 between any such pilot and the master, owner, or consignee of troversies 
 any vessel, which may arise under any law concerning pilots. 
 
 Its decision shall be final. If such decision requires the pay- 
 ment of money, the board shall enter a judgment therefor on 
 the record of its proceedings ; and on a copy thereof being 
 put into the hands of any sheriff, constable, or sergeant, he 
 shall enforce payment thereof as if it were an execution against 
 the property of the debtor, and have the same fee. 
 
 28. But no judgment shall be entered unless due notice be 
 
192 PILOT LAWS. 
 
 judg-men't to S iven f the time an(i P lace f trial, and of the claim or 
 
 be given be- charges to be preferred, and where "the charge is against the 
 
 fore entering p ji ofc f or ne g] ecfc o f j u ty or violation of law, such judgment 
 shall in no case be for a longer suspension of the branch of 
 the accused than twelve months, nor less than one month, at 
 the discretion of the commissioners, unless wnere a longer 
 time is expressly prescribed. 
 
 Exception 29. Nothing herein shall authorize such board to decide 
 
 upon the liability of a pilot or his apprentice to any party 
 injured by his negligence or misconduct, or to prevent such 
 party from recovering for all damages occasioned thereby. 
 
 cierk to board 30. The board shall appoint a clerk, who shall keep a record 
 of all its proceedings, and the said commissioners, or any one 
 of them, may administer an oath and issue a summons. 
 
 Examination 31. Each person who shall appear before the board to be 
 examined as a pilot, shall pay to each commissioner present, 
 and also to the clerk, one dollar. When the board makes a 
 decision in a matter of controversy, the person against whom 
 the decision is, shall pay to each commissioner one dollar, and 
 to the clerk fifty cents. 
 
 Unlawful fees 32. If any pilot shall, for any service, demand or receive 
 
 fordellmnding less than tne } awful fee, he shall forfeit the amount of said 
 lawful fee, which may be recovered by any person who will 
 claim the same, by warrant or by motion, one-half of which 
 recovery shall be paid to the board of commissioners. Such 
 pilot may, moreover, be suspended by said board, not exceed- 
 ing six months. And if any pilot shall demand and receive 
 greater fees than are allowed by law, he shall forfeit to master 
 or owner double the amount of fees paid to him in any such 
 case, to be recovered in the same manner. 
 
 Refusal of 33. If any pilot or apprentice, without sufficient excuse, 
 
 shall refuse, when requested by the master, to go on board any 
 vessel and pilot her, or shall be intoxicated, or guilty of any 
 other misbehavior or neglect of duty while in charge of a 
 vessel, he shall be suspended not less than three nor more 
 than six months. 
 
 Suspension of 34. Whenever a pilot or apprentice shall be suspended, the 
 fact shall be published in some newspaper printed in Norfolk, 
 the cost of which shall be paid by such pilot; and if any pilot 
 so suspended, shall be found on board of any vessel as a pilot, 
 or shall offer to conduct any such vessel as such, he may be 
 dismissed from such vessel by any pilot authorized to pilot 
 her, to whom all the fees of pilotage shall be paid, and the 
 board which gave him his branch, shall issue a warrant, 
 directed to any sheriff or other such officer, requiring him to 
 apprehend such suspended pilot or apprentice, and detain him 
 in custody until bond shall be given, in penalty of not less than 
 one hundred dollars, with condition for his good behavior dur- 
 ing his suspension, which said bond shall be taken by the 
 officer, and returned by him to the corporation court, and may 
 be enforced bv action, so in? facias, or motion. Should such 
 bond not be given, the officer shall confine him in the most 
 convenient jail until it is given. 
 
PILOT LAWS QUARANTINE- 193 
 
 35. Any pilot first meeting a vessel coming from sea shall Dut y of pilot 
 inquire into the health, of her crew and the place from which ? 
 
 she last came, and if she has a dangerous or infectious disease vessel 
 on board, or cornes from any place from which vessels are 
 required to perform quarantine in this state, or any port 
 thereof, he shall direct said vessel to follow his boat, and care- 
 fully conduct her to the nearest place appointed for vessels to 
 quarantine, and shall, as soon as possible, give notice thereof 
 to the health officer of the port nearest thereto, for which 
 service said pilot shall be entitled to an extra fee of seven 
 dollars beyond the regular fees of pilotage, to be paid by the 
 master or owner of said vessel ; and if any pilot shall be per- 
 mitted to go on board a vessel without being informed of 
 contagious diseases being on board, and be obliged to remain 
 on board, or perform quarantine in consequence thereof, he 
 shall have three dollars for every day's detention, to be paid as 
 aforesaid. 
 
 36. Each pilot shall, if required, produce his branch at the certificate to 
 time of demanding his fees before he shall be entitled to }> e produced 
 receive the same. ifre,u,red 
 
 37. Nothing in this act shall be deemed to apply to vessels Exception 
 bound for any point on the Potomae, and no vessel bound to 
 
 or from any point on the Potomac, shall be required to pay 
 pilotage. But if she does take a pilot, she shall pay the regu- 
 lar rate to Smith's Point. 
 
 38. This act shall be in force from its passage. commence- 
 
 ment 
 
 Quarantine. 
 
 CHAP. 114. An ACT to constitute one quarantine district of the 
 Elizabeth river and its branches, and to create a Board of Quaran- 
 tine Commissioners and a Quarantine Medical Officer for said 
 District. 
 
 Approved February 26, 1877. 
 
 1. Be it enacted by the general assembly of Virginia, That Quarantine 
 for the better protection of the cities of Norfolk and Ports- 
 mouth, and Norfolk county, against the introduction of 
 infectious and contagious diseases by vessels arriving in the 
 common harbor of said cities, or into any part of the Elizabeth 
 
 river, and to secure uniformity in the administration of the 
 laws and regulations concerning quarantine, appertaining to 
 shipping in said river, the Elizabeth river and its branches 
 shall constitute one quarantine district. 
 
 2. That a board of commissioners is hereby created, to be n 
 
 , jr. ,. j? j.i j- Board of Qua 
 
 known as the board of quarantine commissioners for the dis- antine com 
 trict of Elizabeth river; the said board to consist of seven 
 commissioner;-:, three of whom shall be appointed by the 
 councils of the city of Norfolk ; three by the council of the 
 city of Portsmouth ; and one by the judge of the county 
 court of Norfolk county. Each of said representations of 
 three commissioners on said board shall embrace at least one One memt)er 
 practicing physician, if practicable* The said commissioners to be a practis- 
 shall hold their office for the term of four years, commencing Termof 81 offloe 
 
 25 
 
194 QUARANTINE. 
 
 on the first day of April, eighteen hundred and seventy-seven, 
 unless sooner removed by the authority^appointing them. All 
 vacancies in the board shall be filled in the same manner as 
 
 HOW board or the original appointments. The said board shall organize by 
 electing one of their number president, with such other 
 officers as they may deem necessary ; and a majority of the 
 board shall constitute a quorum for the transaction of busi- 
 nesss. 
 
 Powers vested 3. That the said board of quarantine commissioners shall be 
 invested with all the powers now granted by law to the 
 councils of the cities of Norfolk and Portsmouth, and to 
 Norfolk county, or by the general law on the subject, in 
 regard to the establishment and regulation of matters of quar- 
 antine; and they shall prescribe such rules and regulations, 
 conformably to existing law, as they may deem necessary, and 
 have exclusive control of the quarantine appertaining to ship- 
 ping for the Elizabeth river and its branches, and the cities, 
 A towns and villages, situated thereon. They shall meet 
 
 When to meet , , , , , , J , 
 
 monthly, upon any day agreed upon by themselves ; but the 
 president of the board may, upon his own motion, and shall, 
 at the request of any two members of the board, by written 
 notice to each member, convene the board at any lime, when 
 circumstances may render prompt action necessary. The said 
 Business to be board shall, at their first meeting, or as soon thereafter as 
 first meeting practicable, select a suitable quarantine anchorage, and shall 
 adopt and publish, for the information and government of all 
 concerned, rules and regulations for the management and 
 enforcement of an efficient system of quarantine for said 
 Pilots to con- district. All pilots licensed by the laws of this state are here- 
 iafSnsof egH " by required to conform to the rules and regulations thus 
 board adopted, under the penalty of a fine of not less than twenty 
 
 nor more than one hundred dollars. The said board shall 
 officers ^o^n- re 3 u i re * ne quarantine medical officer, hereinafter created, to 
 force reg-iiia- faithfully carry out these rules and regulations; and they shall 
 supervisory nave P ower * review the official action of said officer, and to 
 control of revoke or reverse his decision in regard to any particular ves- 
 sel ; but in such case they shall record their reasons for so 
 doing in the minutes of their transactions. The said board of 
 quarantine commissioners shall not, as a board, nor shall any 
 P o?ernin n ^ ^ e mem b ers thereof, in their official characters, make any 
 board recommendation for the appointment of the quarantine 
 
 medical officer, herein provided for. 
 
 Lazaretto to 4. That the said board of quarantine commissioners shall 
 and P how ded nave P ower ' whenever in their opinion circumstances may 
 demand it, by and with the consent of the councils of the 
 cities of Norfolk and Portsmouth, to acquire by condemna- 
 tion, as provided for by existing laws, or by purchase, a suit- 
 able site for a lazaretto, at any eligible point on Elizabeth 
 river, and to erect thereupon one or more buildings, to be con- 
 Hospitais to be structed of wood, for the temporary accommodation and treat- 
 ment of sick seamen and passengers arriving at the quarantine 
 Limit as to anchorage upon infected vessels ; provided, the cost of such a 
 site and the erection of the buildings thereon shall not exceed 
 
QUARANTINE. 195 
 
 the sum of five thousand dollars ; and provided, further, that 
 the cost of the maintenance and treatment of the persons so 
 removad to the lazaretto buildings from infected vessels, shall patients 
 be paid by the masters or owners of said vessels, upon which 
 the costs thus incurred shall constitute a lien. 
 
 5. That the said board may, by and with the consent of the Floating hos- 
 councils of the cities aforesaid, in lieu of the purchase of a K^rettoper? 
 site and the erection of lazaretto buildings, provide and fit outmitted 
 
 a floating hospital for the accommodation and treatment of 
 
 the same class of infected persons as is described in section 
 
 four of this act; provided the expense so incurred shall not Proviso 
 
 exceed the amount specified in said section ; such floating 
 
 hospital to be moored, when having on board infected persons 
 
 at such point in the lower river, or Hampton roads, sufficiently where to be 
 
 removed from the channel, so as not to endanger the health of moored 
 
 persons on board of passing vessels. 
 
 6. That the said, board of quarantine commissioners shall compensation 
 pay the annual salary of five hundred dollars, in quarterly offlc Q er arJ 
 instalments of one hundred and twenty-five dollars each, to 
 
 the quarantine medical officer created by this act ; and in case Proceedings 
 they shall see fit to purchase the site and erect the lazaretto concerning 
 buildings, or instead thereof, to provide and fit out the floating selection of 
 hospital hereinbefore provided for, they shall make a report of Ifoating^ospi- 
 their proceedings, accompanied by a verified statement of all tal 
 the expenditures thereby incurred, to the councils of the 
 cities of Norfolk and Portsmouth, and to the county court of 
 Norfolk county. 
 
 7. That the governor shall appoint and commission a quar- Quarantine 
 antine medical officer for said district, who shall be a resident SjJjSntecMbF 
 of the city of Norfolk, or of the city of Portsmouth, or Norfolk governor 
 county, and whose term of office shall be for two years ftom2jJ5JjJ^ oepre " 
 the first day of April, eighteen hundred and seventy-seven, Term of office 
 unless sooner removed by the governor, and who shall be the 
 inspecting officer for all vessels arriving in Elizabeth river or TO be inspec- 
 any of its branches, subject to such inspection as shall be tor 
 required by and in accordance with the rules and regulations 
 
 of the board of quarantine commissioners created by t}his act ; 
 provided that no one shall receive such appointment, who is Proviso 
 not a doctor of medicine of good standing, and who has not 
 had at least five years' experience in the practice of his pro- 
 fession. 
 
 8. That the quarantine medical officer shall board with Duties 
 promptness all vessels liable to his inspection, and no vessel 
 shall be detained in quarantine without his stated decision. 
 
 No vessel thus detained by "him shall change her assigned 
 position without his written permission. He shall superin- 
 tend the thorough cleansing, by the most approved methods, 
 of any infected vessel, at the proper cost of such vessel. He 
 shall not allow pratique to any vessel once detained by him, 
 by reason of said vessel's having, at the time of his inspection, 
 infectious disease on board, or of her having had such disease 
 on board at any time during her voyage, without the express 
 sanction of the board of quarantine commissioners. He shall 
 
196 QUARANTINE. 
 
 have general superintendence and control of any lazaretto or 
 floating hospital that may be established under the provisions 
 of this act, and the care and treatment of any sick therein. 
 He shall administer oaths and take affidavits in examinations 
 as to the sanitary condition of vessels, and in relation to any 
 alleged violation of the quarantine regulations ; such oaths to 
 have the same validity and effect as if administered by a justice 
 of the peace. He shall have authority to direct, in writing, 
 any constable or police officer to pursue, within the limits of 
 his district, and arrest any person, who shall violate any quar- 
 antine regulation or obstruct him in the performance of his 
 Penait for ^ u *y > anc * aii J person violating the quarantine laws or regu- 
 evaslon o? r lations, or obstructing the quarantine medical officer in the 
 obstruction di sc harge of his duty, shall be deemed guilty of a misdemea- 
 nor, punishable by fine of not less than twenty nor more than 
 five hundred dollars, or by imprisonment of not less than one 
 nor more than six months; and warrants for any offenders 
 under this act, may be issued upon the oath of any party com- 
 plaining, by any justice of the peace of any city or county, or 
 the mayor of any city in this state in which such offender 
 may be at the time ; and upon proof of probable cause, the 
 offender shall be bound, with security in due form of law, to 
 appear at the next term of the corporation or county court of said 
 city or county, lor trial of such misdemeanor ; and the cor- 
 poration or county court of such city or county shall have 
 jurisdiction for the trial thereof, as in other cases of misde- 
 meanor. All fines recovered under the provisions of this act 
 HOW fines and shall be turned over to the said board of quarantine commis- 
 penaities to be gioners, to be used by them in carrying out the objects of this 
 
 act. 
 
 Fees to be paid 9. The quarantine medical officer shall exact of the master, 
 vesseis ters f OWIier > or consignee of each vessel visited by him in the per- 
 formances of his official duties, a fee of seven dollars, for each 
 necessary visit of inspection, and also the cost of cleansing, 
 fumigation, or disinfection, whenever necessary ; recoverable 
 before the mayor or any justice of the peace of either of the 
 said cities or said county. He shall defray all expenses 
 attending upon his inspection of vessels out of the fees thus 
 received, and he shall keep a true record of his receipts and 
 expenditures, and report annually to the board of quarantine 
 Annual report commissioners the items of the same. He shall also report to 
 the said board, annually, on or before the twentieth day of 
 December, the names and class of all vessels visited by him 
 during the year, the disposition made of such vessels, and 
 such other information concerning the quarantine service as 
 he may deem expedient. 
 
 where quar- 10. The quarantine medical officer shall, when required by 
 antine o&<* the board of quarantine commissioners, reside at or near the 
 Sfto reside r "quarantine grounds or anchorage. He may, with the consent 
 may appoint a of the said board, appoint a deputy, who shall possess like 
 deputy qualifications, and be invested with the same powers as him- 
 
 self; but the said quarantine medical officer shall be held 
 responsible for the conduct and compensation of such deputy. 
 
QUARANTINE. 197 
 
 11. That for the purpose of defraying the necessary 
 expenses to be incurred by the board 'of quarantine com- 
 mission ers in carrying out' the provisions of this act, the 
 city of Norfolk shall be assessed with, and shall pay three- 
 sevenths thereof, and the city of Portsmouth shall be 
 assessed with, and shall pay three-sevenths thereof, and the 
 county of Norfolk shall be assessed with, and shall pay one- 
 seventh thereof; provided that the said board of quarantine 
 commissioners shall receive no compensation for their services. 
 
 12. That all acts and parts of acts inconsistent with the inconsistent 
 provisions of this act, are hereby repealed. 
 
 13. This act shall be in force from its passage. incnT ience " 
 
 [AMENDMENT.] 
 
 CHAP. 44. An ACT to amend and re-enact the 3rd section of an act 
 to constitute one quarantine district of the Elizabeth river and its 
 branches, and to create a board of quarantine commissioners and 
 a quarantine medical officer for said district, approved February 
 26th, 1877. 
 
 Approved January 29, 1878, 
 
 1. Be it enacted by the general assembly. That the third s, ch. 144, 
 section of chapter one hundred and forty-four, acts of assem- hj^me^clm- 
 bly, eighteen hundred and seventy-six-seven, entitled an act s Viarantfne 16 
 to constitute one quarantine district of the Elizabeth river district of 
 and its branches, and to create a board of quarantine commis- rtver, b &c h , 
 sioners and a quarantine medical officer for said district, amended' 
 approved February twenty-sixth, eighteen hundred and 
 seventy-seven, be amended and re-enacted so as to read as 
 follows : 
 
 3. That the said board of quarantine commissioners shall Powers of 
 be invested with all the powers now granted by law to the a ntineco?n- ar " 
 councils of the cities of Norfolk and Portsmouth and to missioners 
 Norfolk county, or by the general law on the subject, in regard 
 to the establishment and regulation of matters of quarantine, 
 and they shall prescribe such rules and regulations, con- 
 formably to existing law, as they may deem necessary, and 
 have the exclusive control of the quarantine appertaining to 
 shipping for the Elizabeth river and its branches, and the 
 cities, towns and villages situated thereon. They shall meet Tim ? 80f 
 
 . n i T i n J i j meeting 1 
 
 semi-annually, upon any day agreed upon by themselves, but 
 the president of the said board may, upon his own motion, 
 and shall, at the request of any two members of the board, by 
 written notice to each member, convene the board at any time 
 when circumstances may render prompt action necessary. The 
 said board shall, at their first meeting, or as soon thereafter as 
 practicable, select a suitable quarantine anchorage, and shall Quarantine 
 adopt and publish, for the information and government of all anchorage 
 concerned, rules and regulations for the management and 
 enforcement of an efficient system of quarantine for said Dutie8 of 
 district. All pilots licensed by the laws of this state are pilots 
 hereby required to conform to the rules and regulations thus 
 adopted, under the penalty of a fine of not less than twenty 
 nor more than one hundred dollars. The said board shall 
 
198 QUARANTINE REGULATIONS. 
 
 re H u ^ re *^ e quarantine medical officer, hereinafter created, to 
 faithfully carry out these rules and regulations ; and they 
 shall have power to review the official action of said officer, 
 and to revoke or reverse his decision in regard to any particu- 
 lar vessel ; but in such case they shall record their reasons for 
 so doing in the minutes of their transactions. The said board 
 of quarantine commissioners shall not as a board, nor shall 
 any of the members, in their official characters, make any 
 recommendation for the appointment of the quarantine medi- 
 cal officer hereinafter provided for. 
 Commence- 2. This act shall be in force from its passage. 
 
 ment 
 
 Quarantine Regulations. 
 
 QUARANTINE DISTRICT OF ELIZABETH RIVER Quarantine Regulations 
 Adopted April 30, 1877, by resolution of the Board of Quarantine 
 Commissioners. 
 
 (As authorized by Act of Assembly, approved February 26th, 1877.) 
 
 No. 1. The following classes of vessels shall be subjected to 
 the inspection of the quarantine medical officer, to wit: 
 
 (a) Such as have on board any case of infectious or con- 
 tagious disease at the time of arrival. 
 
 (b) Such as have had any infectious or contagious disease 
 on board at any time during the voyage, though there is no 
 case on board at the time of arrival. 
 
 (c) Such as have sailed from any port at which any infec- 
 tious or contagious disease prevailed at any time during the 
 stay of the vessel at such port, or within sixty days previous 
 to her arrival at such port. 
 
 (d) Such as shall arrive from any American port to the 
 southward of the latitude of Cape Lookout between the 1st 
 day of May and the 1st day of the ensuing November in each 
 year. 
 
 (e) Such as shall arrive from any foreign port. 
 
 (f ) Such as shall arrive from any other home port, which, 
 for due reasons may have been interdicted by the board of 
 quarantine commissioners, of which due notice shall be given 
 to all concerned. 
 
 (g) Such as shall arrive from any American port between 
 the 1st day of May and the 1st day of the ensuing November, 
 if she shall have been in any port [foreign or domestic] south 
 of Cape Lookout during any portion of sixty days previous to 
 her arrival. 
 
 No. 2. The quarantine ground or anchorage for the inspec- 
 tion of vessels arriving within the limits of this quarantine 
 district, via Hampton roads, shall be in the bight of Craney 
 Island, and for those arriving from the southward, via the 
 canals, at any point in the southern branch, not less than one 
 and a half miles above the navy yard. 
 
 No. 3. All vessels liable to inspection shall come to, at said 
 anchorages, until visited by the medical officer, and any master, 
 pilot or other person having charge of any such vessel who 
 
ENDS OF STREETS. 199 
 
 shall bring her nearer the ports of this district than the afore- 
 said anchorages, without the sanction of the medical officer, 
 shall be subject to a fine of not less than twenty dollars nor 
 more than one hundred dollars. 
 
 No. 4. Any person [other than a licensed pilot] who shall 
 board a vessel liable to inspection, either before or during the 
 continuance of the quarantine term imposed upon her, with- 
 out the permission of the medical officer, shall be subject to a 
 fine of twenty dollars, and, in addition, to a forced residence 
 upon said vessel, under the same restrictions as are imposed 
 upon the crew, during her quarantine term. 
 
 No. 5. Any person landing from, or leaving a vessel while 
 she is under quarantine restrictions, or procuring the landing 
 of any part of her cargo, ship furniture, clothing, or chattels 
 of passengers or crew, without the written permission of the 
 medical officer, shall be subject to a fine of not less than 
 twenty nor more than five hundred dollars, and be prosecuted 
 for a misdemeanor. 
 
 No. 6. Any vessel having on board a damaged or infected 
 cargo, shall be subjected to disinfection under the direction of 
 the medical officer, before being allowed to come into port, 
 and the concealment of the fact of damaged or infected cargo, 
 furniture or clothing, shall be punished by a fine of not less 
 than twenty dollars nor more than five hundred dollars, and 
 a prosecution for misdemeanor. 
 
 No 7. Any vessel may be sent back to perform a quaran- 
 tine term, and disinfection, under the orders of the medical 
 officer, after arrival in port, upon the discovery of damaged 
 cargo, [or such as may affect the health of either port,] during 
 the discharge thereof: and a failure to give information to 
 the medical officer of such discovery of damaged cargo shall 
 be punished by a fine of not less than twenty nor more than 
 five hundred dollars. 
 
 No. 8. Every vessel subject to inspection shall display the 
 usual yellow flag upon her arrival at the quarantine anchorage 
 and keep tjjp same at her mast head until allowed pratique by 
 the medical officer. 
 
 Ends of Streets. 
 
 CHAP. 163. An ACT conferring Authority upon the Councils of the 
 City of Norfolk in relation to the streets of said City. 
 
 Passed January 29, 1866. 
 
 1. Be it enacted by the general assembly, That the councils Authority of 
 of the city of Norfolk shall be and they are hereby empowered SBffiB" 
 to make such use of the ends of the streets of said city run- Btreets 
 ning to tide water, as they may deem necessary for the public 
 interests. 
 
 2. This act shall be in force from its passage. commence- 
 
 ment 
 
200 
 
 CHARTER OF CITY RAILROAD. 
 
 Norfolk city 
 railroad com- 
 pany 
 
 Liabilities 
 
 Rights and 
 powers 
 
 Duties of the 
 company with 
 regard to its 
 tracks 
 
 Transporta- 
 tion and fare 
 
 Packages, &c 
 
 Directors 
 Capital 
 
 May borrow 
 money 
 
 Charter of the Norfolk City Railroad Company. 
 
 CHAP. 202. An ACT to incorporate the Norfolk City Railroad 
 
 Company. 
 
 Passed January 4, 1866. 
 
 1. Be it enacted by the general assembly, That Thomas J. 
 Corprew, John B. Whitehead, W. W. Wing, Edmund C. Robin- 
 son, Cicero Burruss and William H. C. Ellis, together with 
 their associates, successors and assigns, are hereby created a 
 body politic and corporate, under the name and style of The 
 Norfolk City Railroad Company; and as such shall be subject 
 to all the provisions of the Code of Virginia applicable to cor- 
 porations, except as hereinafter provided. 
 
 2. That it shall be lawful for said company to lay out, con- 
 struct and equip, maintain and operate, with horse or mule 
 power, a single or double track railroad in the city of Norfolk, 
 throughout the entire length of Main street, down Market 
 square to the Ferry wharf; up Church street to the Fair 
 grounds in Norfolk county; and also through such other 
 streets or parts of streets in said city as the directors may 
 determine ; and also to such other points in Norfolk county, 
 not exceeding six miles, as said directors may determine upon : 
 provided, that before such work shall be commenced, the con- 
 sent of the council of said city shall be obtained thereto. 
 
 3. The said company shall keep that portion of the street 
 occupied by its track or tracks, embracing the space between 
 said tracks and a distance of at least two feet beyond the outer 
 rails thereof, well paved and in good repair, without expense 
 to the corporation of the city of Norfolk : and the rails used 
 for said tracks shall be of the most improved pattern for such 
 purposes ; and shall be laid at the distance of five feet five 
 inches between the outer ridges or flanges thereof, and upon 
 an even surface with the adjoining pavement, so as to form as 
 little obstruction as practicable to the passage of carriages or 
 other vehicles along or over said tracks. 
 
 4. That it shall be lawful for said company to transport 
 passengers, light freights and baggage over said road or roads, 
 hereby authorized to be constructed, and to collect fare and 
 tolls for the same, not exceeding the sum of ten cents for pas- 
 sage to and from any point within the limits of the city, and 
 the like sum for packages and bundles occupying the space of 
 a passenger, within the said limits; and the sum of fifteen 
 cents for the same passage and freight to and from any point 
 within the said city, to and from any point beyond the limits 
 thereof. The number of directors in said company shall not 
 exceed nine, the president included. 
 
 5. That it shall be lawful for said company to create and issue 
 its capital stock to an amount not exceeding one hundred 
 thousand dollars, in shares of fifty dollars each, and also to 
 borrow money upon its bonds, secured by mortgage or deed of 
 trust upon its property'and franchises, to an amount not exceed- 
 ing the amount of its capital stock, subscribed, paid in and 
 
WATER WORKS. 201 
 
 expended in the construction and equipment of its road, and 
 for other purposes legitimately appertaining thereto. 
 
 G. That said company shall have at all times free and undis- J^obsSuct- 
 turbed use of their railway and other property; and if any ing cars, &c 
 person or persons shall wilfully or unnecessarily obstruct or 
 impede the passage of cars on or over any portion of said road, 
 or shall injure or destroy the cars, depots, or any other property 
 belonging to said company, the person or persons so oifending 
 shall forfeit and pay to said company, for every such offence, 
 the sum of five dollars; and shall remain liable, in addition to 
 said penalty, for any loss or damage occasioned by his, her or 
 their act as aforesaid. 
 
 7. That it shall be lawful for said company, for the purpose Authorized to 
 of constructing and equipping and operating said railway, to ^ d c s oupon 
 sell their bonds, with coupons attached, at a rate of interest 
 
 not exceeding eight per centum per annum, to be paid semi- 
 annually, to the amount of fifty thousand dollars, and also to Amount 
 borrow, upon their promissory notes duly executed under the 
 authority of the board of directors, to an amount not exceeding 
 fifty thousand dollars, and to lease their road to any person or 
 persons, or domestic or foreign corporation : any of which cor- 
 porations shall have power to subscribe to the stock of said 
 company. 
 
 8. This act shall be in force from its passage, and shall becommence- 
 subject to amendment, modification or repeal, at the pleasure of cS^i over 
 the general assembly. 
 
 Water Works. 
 
 CHAP. 104. An ACT to Amend and Re-enact the first Section of an 
 Act approved March 25tli, 1871, entitled an Act to Amend and Re- 
 enact the 1st and -Ith Seel ion sol' an Act entitled an Act to Authorize 
 the City of Norfolk to Construct Water Works for the use of the 
 People of said City, passed January 14th, 1867. 
 
 Approved February 2(5, 1873. 
 
 1. Be it enacted by the general assembly, that the first sec- charter of 
 tion of the act approved March twenty-second, eighteen Norfolk city 
 hundred and seventy-one, entitled an act to amend and 
 re-enact the first and fourth sections of an act entitled an 
 
 
 
 to authorize the city of Norfolk to construct water works for 5, 1866-7, c. el, ' 
 the use of the people of said city, passed January fourteen th, p - 538 
 eighteen hundred and sixty-seven, be amended and re-enacted 
 so as to read as follows : 
 
 1. It shall be lawful for the city of Norfolk to construct Power to (>ity 
 suitable works to convey a supply of water from such place or of Norfolk tb 
 places as the said city may select, into the said city ; and the SXSfworks 
 said city may acquire and hold for that purpose, slips of land 
 not exceeding one hundred feet in width, and other lands at J^KisT to h ld 
 the termini and stations of their works in the city and county 
 of Norfolk, and in any other county or counties in this com- Yi'nn/niSn" 
 monwealth, not exceeding one thousand acres; and shall have See Code of 
 the same rights and powers in respect to obtaining rights ofj^aai, 8 ^ 
 
 26 
 
202 
 
 OLD FAIR GROUNDS.' 
 
 How works 
 
 may be paid 
 
 for 
 
 Power to issue 
 
 bonds 
 
 Special tax to 
 pay interest 
 arid principal 
 of loans 
 
 Commence- 
 ment 
 
 way and lands for their pipes, acqueducts, reservoirs and other 
 suitable structures and fixtures for securing and conveying 
 water, and in respect to taking materials for construction, as 
 are conferred upon railroad and other internal improvement 
 companies by the code of Virginia ; and may hold, use and 
 employ such machinery, boats, apparatus and other appliances 
 as she may deem proper for supplying the said city with water 
 and for the transaction of the attendant business ; provided, 
 if in any case a part only of the land of any person is pro- 
 posed to be taken by the said city, the commissioners in 
 assessing the damages may, at their discretion, with the 
 consent of the said city, reserve to the owner of said land such 
 easements or rights of way in or over such part as they may 
 deem proper ; and in case of any such reservation the said city 
 shall take and hold such part, in fee, subject to such ease- 
 ments or rights of way. 
 
 4. In order to provide for payment for the said works, the 
 said city may issue bonds bearing interest not exceeding eight 
 per centum per annum, which bonds shall be known as "the 
 Norfolk city water bonds," the proceeds of which shall not be 
 applied or used for other purposes, and all the net revenues or 
 income derived from the said works and for the use of the 
 water shall be applied exclusively to the payment of the inter- 
 est and principal of the said bonds ; and the councils of the 
 said city are authorized to levy a special tax, to be knows as 
 the "water tax," upon all property in the said city, real and 
 personal, and on such other subjects as may be assessed with 
 state taxes, against persons residing in the said city ; the said 
 levy to be made in the mode prescribed by law and the consti- 
 tution of this state for the levy of other taxes by the said city. 
 
 2 This act shall be in force from its passage. 
 
 Old Fair Grounds. 
 
 CHAP. 164 An ACT to Authorize the Councils of Norfolk City to 
 use, hold, sell, lease and dispose of a Certain Tract or Parcel of 
 Land, in Norfolk County, belonging to said City. 
 
 Approved April 'J, 1874. 
 
 Whereas, under an act of the general assembly, entitled an 
 act to authorize the city of Norfolk to purchase land for the 
 purposes of an agricultural fair, passed January thirty-first, 
 eighteen hundred and fifty-four, the said city of Norfolk has 
 purchased, and now holds a piece or parcel of land, lying in 
 Norfolk county, for the purposes therein mentioned, common- 
 ly known as the Old Fair Grounds ; and whereas, the said 
 parcel of land is no longer used for such purposes, and the 
 councils of said city desire to sell, lease, hold, use and dispose 
 of the same, for sucli other purposes as they may deem ex- 
 pedient for the interests of the city; now, therefore, 
 
 1. Be it enacted by the general assembly, that the select and 
 common councils of the city of Norfolk be and they 
 are hereby autorized and empowered to use, hold, sell, lease 
 
SALARY OF CORPORATION JUDGE. 203 
 
 and dispose of the said parcel of land for the purposes of an 
 agricultural college, or for such other purposes as the said 
 councils may deem proper. 
 
 2. This act shall be in force from its passage. 
 
 Salary of the Judge of Corporation Court. 
 
 CHAP. 50. An ACT to amend and re-enact the fourteenth section 
 of chapter thirteen of the Code, edition of eighteen hundred and 
 seventy-three, in reference to the Pay of Judges of Circuit, Chan- 
 cery, and Hustings Courts of Richmond, and Hustings Courts of 
 Norfolk and Petersburg, so as to authorize the Council of the City 
 of Portsmouth to increase the Salary and compensation of the 
 Judge of the Hustings Court of said City. 
 
 Approved February 10, 1876. 
 
 1. Be it enacted by the general assembly of Virginia, That 14, ch. 13, 
 the fourteenth section of chapter thirteen of the Code of^ d e e a ^ d 1873 ' 
 eighteen hundred and seventy-three, be amended and re-enacted 
 
 so as to read as follows : 
 
 14. The council of the city of Richmond are hereby au- H 
 thorized and empowered to add to and increase the salaries and 
 compensation of the judges of the circuit court, of the chan- 
 cery court, and of the hustings court of the said city ; and the 
 council of the city of Petersburg, and the council of the city 
 of Norfolk, and the council of the city of Portsmouth, are 
 hereby authorized and empowered to add to and increase the 
 salary and compensation of the judges of the hustings court 
 of said cities: provided, that the said addition and increase 
 shall be a charge upon, and be paid out of the treasuries of 
 said cities respectively : and provided further, that said increase 
 shall not exceed one thousand dollars per annum, for any one 
 of the judges of the courts of said cities; and that the city 
 councils of said cities shall have the power to reduce the 
 amount of addition whenever they may think proper; provided, 
 that such reduction shall not take effect until after the expira- 
 tion of the term of the judge then in office. 
 
 2. This act shall be in force from its passage. 
 
 Prohibiting City Officers from Contracting 'with the City. 
 
 CHAP. 314. An ACT to prohibit and prevent the officers and agents 
 of corporations from becoming contractors with the said corpora- 
 tions. 
 
 Approved April 2, 1877. 
 
 1. Be it enacted, That it shall not be lawful for any mem- who prohibit- 
 ber of the council or board of aldermen, or any other officer comiS^con- 
 or agent, including commissioners appointed for the open ing tractors 
 of streets, of any city or other incorporated town, to be aeon- 
 tractor with the said corporation for any work or labor ordered 
 to be done, or goods, wares or merchandize or supplies of any 
 kind ordered by the said corporation to be purchased, or in any 
 manner directly or indirectly, interested in the profits of any 
 
204 PROHIBITING OFFICERS FROM CONTRACTING WITH CITY. 
 
 such contract ; and every contract made in violation of this 
 act shall be utterly void, and the officer or agent making it 
 shall forfeit and pay to the state the full amount of money 
 stipulated for by said contract, to be recovered by motion in 
 the circuit court having jurisdiction over the said corpora- 
 tion ; provided that this act shall not apply to towns of under 
 two thousand inhabitants. 
 
 2. This act shall be in force from its passage. 
 
 [AMENDMENT]. 
 
 CHAP. 209. An ACT to amend and re-enact an act approved April 2, 
 1877, entitled an act to prohibit and prevent the officers and agents 
 of corporations from becoming contractors with the said cor- 
 poration. 
 
 Approved March 12, 1878. 
 
 Act approved ! -f* e ^ enacted by the general assembly, That the act 
 a April 1877. approved on the second day of April, eighteen hundred and 
 seventy-seven, entitled an act to prohibit and prevent the offi- 
 cers and agents of corporations from becoming contractors 
 with the said corporations, be amended and re-enacted so as to 
 read as follows: 
 
 NO council- 1* Be it enacted by the general assembly, That it shall not 
 man or city be lawful for any member of the council or board of aldermen, 
 tract^or^cfty 1 ' or an Y other officer or agent, including commissioners appointed 
 W i?eJ 0r8up ~ fo r the opening of streets, and including also all members of 
 committees constituted or appointed for the management, 
 regulation, or control of corporate property, of any city or 
 other incorporated town, to be a contractor with the said cor- 
 poration, or its agents or committee appointed or constituted 
 to manage, regulate, or control its corporate property, for any 
 work or labor ordered to be done, or goods, wares, or merchan- 
 dise or supplies of any kind ordered by the said corporation, 
 or such committee, as aforesaid, to be purchased, or in any 
 manner, directly or indirectly, interested in the profits in any 
 such contract; and every contract made in violation of this 
 such Contract act shall be utterly void, and the officer or agent or member of 
 such committee aforesaid making it, shall forfeit and pay to 
 Penalty on the state the full amount of money stipulated for by said con- 
 officer tract, to be recovered by motion in the circuit court having 
 jurisdiction over the said corporation : provided that this act 
 Proviso shall not apply to towns of under two thousand inhabitants, 
 commencem't 2. This act shall be in force from its passage. 
 
 Assessment of Real Estate for Taxation. 
 
 CHAP. 241 . An ACT to provide a basis of municipal taxation on the 
 real property in cities and towns. 
 
 Approved March 29, 1877. 
 
 1. Be it enacted by the general assembly, That in cities and 
 exceed'state's towns of this commonwealth, the assessment of real property 
 ?eafp?oprty f for taxation, shall in no case exceed the value at which such 
 
WEIGHTS AND MEASURES. 205 
 
 property is assessed for the purpose of state taxation, and such 
 cities and towns shall, in all cases, for purposes of taxation, 
 adopt the state assessment. 
 
 2. That all acts or parts of acts in conflict with the fore- Conflicting 
 going section, whether contained in the charter of any city or ac 
 town, or in the general law, are hereby repealed ; provided, Provigo 
 that nothing in this act slrill in any wise aifect any assess- 
 ment of taxes made prior to the passage of this act, or any 
 
 taxes payable during the year eighteen hundred and seven ty- 
 geven. 
 
 3. This act shall be in force from its passage. Commencem't 
 
 Weights and Measures. 
 
 CHAP. 167. An ACT to amend and re-enact section 8 of chapter 88 of 
 the Code of 1873, as amended by an act approved February 13, 
 1877, in relation to weights and measures. 
 
 Approved March 20, 1877. 
 
 1. Be it enacted by the general assembly, That section eight Act of Feb. 13, 
 of chapter eighty-eight of the Code of Virginia, edition of 18 
 eighteen hundred and seventy three, as amended by an act 
 approved February thirteenth, eighteen hundred and seventy- 
 seven, be amended and re-enacted so as to read as follows: 
 
 8. A cord contains one hundred and twenty-eight cubic Measm-ement 
 feet, being eight feet long, four feet high and four feet wide, 
 or the equivalent thereof; and in all measurements, of wood, 
 tan-bark or other things subject to such measurements, the 
 foregoing shall be the true and legal standard, any usage, 
 by-law, or ordinance of any corporation, railroad, or other 
 company to the contrary notwithstanding. And in all sales 
 by weight of the agricultural products hereinafter named, the 
 number of pounds per bushel, as stated in the following 
 schedule, shall be the true and legal standard : Barley, forty- standard of 
 eight pounds ; beans (white), sixty pounds ; blue-grass seed, JJJSJj^&c 
 fourteen pounds; buckwheat, fifty- two pounds; chestnuts, 
 fifty-seven pounds; clover seed, sixty pounds; corn (shelled), 
 fifty-six pounds; corn (in the ear), seventy pounds; corn- 
 meal, fifty pounds : dried apples, twenty-eight pounds ; dried 
 peaches (peeled), forty pounds; dried peaches (unpeeled), 
 thirty-two pounds ; flax seed, fifty-six pounds ; hemp seed, 
 forty-four pounds; herds' grass (or red-top) seed, twelve 
 pounds; Hungarian grass seed, forty-eight pounds; lime (un- 
 slacked), eighty pounds; malt, thirty-eight pounds; millet 
 seed, fifty pounds ; oats, thirty-two pounds ; onions, fifty- 
 seven pounds ; onions (top-sets), twenty-eight pounds; orchard 
 grass seed, fourteen pounds ; osage orange seed, thirty-four 
 pounds; peanuts, twenty- two pounds; peas (black-eyed) sixty 
 pounds; potatoes (Irish), sixty pounds ; potatoes (sweet), fifty- 
 six pounds; plastering hair, eight pounds; rye, fifty-six 
 pounds; salt, fifty pounds ; stone coal, eighty pounds; timothy 
 seed, forty-five pounds; turnips, fifty-five pounds; wheat, 
 sixty pounds. 
 
 2. This act shall be in force from its passage. Commencem't 
 
206 
 
 CHARTER OF THE COTTON EXCHANGE. 
 
 The Norfolk 
 and Ports- 
 mouth cotton 
 exchange in- 
 corporated 
 
 General 
 powers 
 
 elected an- 
 nually 
 
 Term of pres- 
 ent officers 
 
 filled 
 Quorum 
 
 Purposes of 
 the corpora- 
 tion defined 
 
 Power over 
 members , 
 
 Charter of the Cotton Exchange. 
 
 CHAP. 93. An ACT to incorporate the Norfolk and Portsmouth Cot- 
 ton Exchange. 
 
 Approved February 17, 1877. 
 
 1. Be it enacted by the general assembly, That the members 
 of the association known as the Norfolk and Portsmouth 
 cotton exchange, and all other persons who may hereafter 
 become associated with them under the provisions of this act, 
 are hereby created a body corporate by the name of The 
 Norfolk and Portsmouth Cotton Exchange, with perpetual 
 succession and power to use a common seal, and to alter the 
 same at pleasure ; to sue and be sued; to take and hold, by 
 grant, purchase, and devise, subject to the provisions of law, 
 relating to devises and bequests fay last will and testament, 
 real and personal property, to an amount not exceeding one 
 hundred thousand dollars, for the purposes of such associa- 
 tion ; and to sell, convey, lease, and mortgage the same or any 
 part thereof; to borrow money and issue bonds, and to do all 
 and singular such acts as may be necessary to carry on the 
 business and further the objects of said association. 
 
 2. The property, affairs, business, and concerns of the cor- 
 poration hereby created, shall be managed by a president, vice- 
 president, and treasurer, and five directors; who together 
 shall constitute a board of directors, to be elected annually, 
 at such time and place as may be provided by the by-laws ; 
 and the present officers and managers of said association, as 
 now constituted, shall be the officers and managers of said 
 corporation until their present term of office shall expire, and 
 until others under the provisions of this act shall be elected 
 in their place. All vacancies which may occur in said board, 
 by death, resignation or otherwise, shall be filled by the said 
 board. A majority of the members of said board shall consti- 
 tute a quorum for the transaction of business. 
 
 3. The purposes of said corporation shall be to provide, 
 regulate, and maintain a suitable building, room or rooms, for 
 a cotton exchange in the city of Norfolk ; to adjust controver- 
 sies between its members; to establish just and equitable 
 principles in trade; to maintain uniformity in its rules, regu- 
 lations, and usages ; to acquire, preserve, and disseminate 
 useful information connected with the cotton interests 
 throughout all markets ; to decrease the local risks attendant 
 upon the business ; and generally to promote the cotton trade 
 of the cities of Norfolk and Portsmouth ; increase the amount, 
 and augment the facilities with which it may be conducted. 
 The said corporation shall have power to adopt a constitution 
 for its government, and to make all proper and needful by-laws 
 not contrary to the laws and constitution of the state of Vir- 
 ginia or of the United States. 
 
 4. The said corporation shall have power to admit new 
 members and expel any member in such manner as may be 
 provided by the by-laws 
 
CITY BONDS. 207 
 
 5. The capital stock of the said corporation shall not exceed Capital stock 
 one hundred thousand dollars, divided into one thousand 
 
 shares of one hundred dollars each, which shall be paid in 
 cash or in instalments as may be required by the board of 
 directors. In case payment should be called for in instal- 
 ments, any subscriber to the capital stock who shall fail to pay 
 such instalment within thirty days after the date fixed for such 
 payments, shall forfeit all instalments previously paid. All 
 certificates of stock shall be signed by the president and 
 countersigned by the treasurer. 
 
 6. Every member of the association who has already paid Regulations 
 the regular initiation fee, shall be entitled to receive one share Sock 
 
 of the capital stock in return therefor. 
 
 7. Every member of the association shall be required to be 
 the holder of at least one share of the capital stock of said 
 association in his own name. 
 
 8. No stockholder shall ever be held liable or responsible 
 for the contracts or faults of the association beyond the 
 amount of his stock therein. 
 
 1). Said association shall have power to appoint and license May appoint 
 its own weighers of cotton, who shall be known as the cotton SwVwSgSte* 8 
 weighers for the cities of Norfolk and Portsmouth, who upon 
 being appointed, shall subscribe to the oath prescribed by the oath of office 
 by-laws, and shall pay such annual assessment as the by-laws 
 may impose. 
 
 10. The following named stockholders shall constitute the JJ^J^JJ' 4 of 
 board of directors, and shall hold their seats until their suc- 
 cessors shall have been elected and qualified in accordance 
 
 with the constitution: William W. Gwathrney, president; 
 Kader Biggs, vice-president ; II. C. Williams, treasurer ; W. 
 D. Reynolds, George L. Arps, James R. Ricks, Washington 
 Reed, John N. Vaughan. 
 
 11. This act shall be in force from its passage. Commencem't 
 
 City Bonds. 
 
 Page 11, CHAP. 15. An ACT to authorize the Council of the City of 
 Norfolk, to issue bonds for the purpose of redeeming certain out- 
 standing bonds of said City. 
 
 Approved January 14th, 1878. 
 
 1. Be it enacted by the general assembly, That the councils 
 of the city of Norfolk be and they are hereby authorized to 
 issue find sell either registered or coupon bonds of said city, to 
 an amount not exceeding five hundred and forty thousand dol- 
 lars, payable at snch time, not to exceed thirty years, and at 
 such a rate of interest not to exceed six per centum per annum, 
 as the councils may deem best ; provided, however, that the 
 money arising from the sale of said bonds shall be used and 
 applied by the said council for the payment and redemption of 
 the registered or coupon bonds of the city of Norfolk which 
 
208 SLAUGHTER HOUSES. SCHOOLS. 
 
 fall due in the years eighteen hundred and seventy-nine* 
 eighteen hundred and eighty, and eighteen hundred and eighty- 
 one, and for no other purpose whatever. 
 
 2. This act shall be in force from its passage. 
 
 Slaughter Houses. 
 
 CHAP. 127. An ACT to prevent the erection of Slaughter Houses 
 within half a mile of the City of Norfolk. 
 
 Approved March 1st, 1878. 
 
 1. Be it enacted by the general assembly of Virginia, that 
 hereafter, except on tide-water, no slaughter house or slaughter 
 pen shall be erected, established, and maintained, within half 
 a mile of the limits of the city of Norfolk. Any violation of 
 this act shall be deemed a misdemeanor, and shall be punished 
 by fine and imprisonment ; the fine not to exceed one hundred 
 dollars, and the imprisonment not to exceed six months. 
 
 2. This act shall be in force from its passage. 
 
 Schools. 
 
 CHAP. 233. An ACT to amend and re-enact the 20th Section, 10th 
 Chapter, Code of 1873, in regard to duties of City Councils to make 
 appropriations for School purposes. 
 
 Approved March 12, 1878. 
 
 1. Be it enacted by the general assembly of Virginia, That 
 the twentieth section of chapter seventy-nine, of the Code of 
 Virginia, edition eighteen hundred and seventy- three, shall be 
 amended and re-enacted so as to read as follows : 
 
 20. It shall be the duty of the city or town councils, and 
 of every incorporated town of over five hundred inhabitants, 
 which has been erected intoa separate school district, to provide, 
 in due time, and it shall have no power to withhold the sum or 
 sums reported by the city or town school boards, and declared 
 to be necessary for the proper maintenance and growth of the 
 public schools of the city or town, except the city of Richmond 
 the council of which said city shall have the discretion of the 
 board of county supervisors in similar cases; provided, that 
 the council shall not be required to appropriate a sum greater 
 than double the amount received from school funds of the 
 state during the same scholastic year ; but the council may, in 
 its discretion, appropriate a larger sum, but it shall not have 
 power to impose a tax on property for school purposes exceed- 
 ing three mills on a dollar in any one year. 
 
 City Bonds. 
 
 CHAP. 10. An ACT authorizing the City of Nofork to issue its bonds 
 for the purpose of retiring and refunding certain bonds now out- 
 standing. 
 
 Approved March 28, 18 70. 
 
 1. Be it enacted by the general assembly, That the city of 
 Norfolk be authorized to issue its bonds to the amount of 
 
WORK HOUSE-CHAIN GANG. 209 
 
 three hundred thousand dollars, to bear interest at the rate of 
 not more than six per centum per annum, and not to run 
 more than thirty years, and that the money received from the 
 sale of said bonds shall not be used for any other purpose than 
 for retiring or refunding certain bonds of said city to the 
 amount of three hundred thousand dollars, issued by virtue 
 of an ordinance passed by the common council, on the fifth 
 day of August, eighteen hundred and seventy, and by the 
 select council, on the fifteenth day of August, eighteen hun- 
 dred and seventy, bearing interest at the rate of eight per 
 centum per annum, and redeemable after ten years from the 
 date thereof. 
 
 2. This act shall be in force from and after its passage. 
 
 Work House. 
 
 CHAP. 95. An ACT for the establishment of a work house of cor- 
 rection in the City of Norfolk. 
 
 Approved April 2, 1879. 
 
 1. Be it enacted by the general assembly, That the common 
 and select councils of the city of Norfolk, with the approval 
 of the mayor and judge of the hustings court, of said city, 
 are authorized in their discretion, to establish a work house of 
 correction for the punishment of boys and girls, under the age 
 of fifteen years. 
 
 2. All persons under the age of fifteen years, who may be 
 convicted of misdemeanor in any of the courts of said city, or 
 before a justice of said city, may be punished in the discre- 
 tion of the said courts or justices, by confinement in the said 
 house of correction for a period not exceeding four months, in 
 lieu of the punishment prescribed by existing laws for like 
 offences. 
 
 3. All prisoners sent to the work house of correction, 
 established under this act, shall be in the keeping of the 
 present officer of the court having charge of prisoners, and 
 shall receive like compensation for their keeping, and so forth. 
 
 4. This act shall be in force from its passage. 
 
 Chain Gang. 
 
 CHAP. 118. An ACT to provide for the punishment of persons con- 
 victed of petit larceny, in the City of Norfolk. 
 
 Approved April 2, 1879. 
 
 1. Be it enacted by the general assembly of Virginia, That 
 persons convicted under chapter three, section thirteen of the 
 criminal code of the state, being chapter three hundred ami 
 eleven of the acts of assembly, eighteen hundred and seventy- 
 seven, seventy. eight, and chapter three, section thirl. . ,; of the 
 same, of petit larceny, in the city of Norfolk, may be punished 
 with stripes, or, at tne discretion of the court, may be seu- 
 
 27 
 
210 CHAIN-GANG. 
 
 tenced to hard labor in a chain gang in said city; provided, 
 that the city of Norfolk shall pay all the expenses of said 
 chain gang, and of guarding, finding, and clothing of such 
 persons, and of properly providing for and taking care of the 
 same. 
 
 2. This act shall take effect from its passage. 
 
 [The foregoing modified by act of 1881-82. Chap. 66.] 
 5. And be it further enacted, That section twenty-nine, 
 Repeal of oer- chapter ten, and section twelve, chapter twenty-five, of the 
 Scrim/Si 8 criminal code of eighteen hundred and seventy -eight, and all 
 code other acts and parts of acts, so far as they relate to punish- 
 
 ment by stripes, be and the same are hereby repealed. 
 
 [From the Criminal Code. Acts of 1877-78. 
 
 Hoiv chain-gangs in cities, toivns, and counties may be organized 
 as a punishment for crime. 
 
 chain-gangs 24. The common council of all cities and towns in this state 
 
 town8 rizedinlcon ^ n ^ n ^ a P P u l a ti on of over five thousand inhabitants, and 
 the trustees or other proper authorities of other incorporated 
 towns of less than five thousand inhabitants, and the board of 
 
 in counties supervisors of each county, or if they shall not act, the judge 
 of the county or corporation court of such county or corpora- 
 tion, are hereby authorized and empowered to establish chain- 
 gangs, to be composed of persons hereinafter described, in 
 their respective cities, counties, and towns, for the purpose and 
 
 Purpose object of working on the streets, roads, and public property of 
 such cities, counties, and towns ; and all male persons above 
 
 who shall the age of sixteen years, who may be convicted of misdemeanor, 
 
 compose chain or o f any offence deemed infamous in law, and sentenced to 
 confinement in jail as a punishment, or part punishment for 
 such offence, or who may be imprisoned for failure to pay any 
 fine or penalty which may have been imposed upon or assessed 
 against such person upon such conviction, or upon conviction 
 for any violation of any ordinance of any city or town which 
 by said ordinance may be punished by confinement in jail or 
 
 Proviso fine, maybe required to work in such chain-gang: provided 
 that any county which has not established a chain-gang of its 
 own, may, by its supervisors or judge, contract to hire such 
 convicted persons as are liable to work in a chain-gang, to the 
 authorities of any county, city or town which has a chain-gang ; 
 such persons be subject to the rules and regulations established 
 for the government of the chain-gang in which they shall be 
 employed. 
 
 Rules and regulations for their government; hoiv imposed. 
 
 25. Such common councils, trustees, or other proper au- 
 thority, and boards of supervisors or judge, shall establish 
 mannn rules an(1 re g ulat i ns for tne care < safe-keeping, and government 
 &c. n of chain 3 of such persons while so employed, and shall provide for the 
 Ii a de^fo a r n ex p - r0 " payment of the expenses of said chain-gani s, and shall furnish 
 penses out of the clothing necessary for such persons, to be paid out of their 
 sury &c " trea " city, town, and county treasuries. 
 
CHAIN-GANGS. 211 
 
 Order of judge; wliat to direct; may exempt for age or infirmity. 
 
 26. The judge shall order such persons as may be confined Persons liable 
 
 ... J , p ,, . ., , . .. J i T 1.1 to work In 
 
 or committed to the jail of his county or corporation, and liable chain gang to 
 
 to work in chain-gangs under the provisions of this chapter, 5j^J|J!|2 r 
 to be delivered by the jailor to the person authorized to take by order of 
 charge of and work the chain-gang in his county, city, or town ; u 
 which order shall specify the length of time each person ^JiVuS? 01 " 
 is required to work in such chain-gang. He may direct, if the the offender is 
 judge shall think proper so to do, that they be confined in the chaTn r gang 
 jail when not engaged at work. The jailor shall take a rece ip^ ^fj^^ff 
 for every prisoner delivered by him under such order, which during term 
 shall discharge him from all liability for the escape of such ^ceiptfwhhfh 
 persons so long as they may not be in his custody. shall be his 
 
 27. If it shall be manifest that, from old age, bodily infirmity, fSSuSSmty 
 or any other cause, any person otherwise liable to labor in the JJ Tno are ' and 
 chain-gang should be exempted therefrom, it shall be the duty ed from pro- 
 of the judge to make an order to that effect, stating in the f t ion8 of thi8 
 order the reason therefor. 
 
 Prisoners may be compelled to work out fine and costs. 
 
 28. All persons held to labor under the provisions of this ^9^0^ and 
 chapter for the non-payment of any fine imposed upon or worked out 
 assessed against them, shall be required to work out the full 
 
 amount of all such fines or assessments, including the legal 
 costs, at the rate of twenty-five cents per day for each day so Rate per diem 
 held, Sundays excepted : provided that all persons held to labor Proviso 
 under the provisions of this .chapter, shall be entitled to a 
 credit of twenty-five cents for each day of their confinement, 8tatement of 
 whether they labor or not, as a credit upon any fine which may amount of fine 
 be assessed against them. A statement of the amount of the 52y 8 of 9 Sbor d 
 fine or assessment, together with the costs and the number of to be made 
 days labor required to discharge the same, shall be made out out ' &( 
 under the direction of the judge, and delivered to the person 
 in charge of the chain-gang at the time he receives the delin- 
 quent: provided that no person shall be held to labor in any Provi80 
 chain-gang for the non-payment of any fine imposed upon or 
 assessed against him, for a greater period than six months. 
 
 Coroners' and Constables' Fees. 
 
 13. A coroner shall have, for taking an inquest on a dead 
 body, three dollars, except where the coroner is a physician physician 
 and actually makes an examination of the dead body, in which 
 case his fee shall be five dollars ; and a sheriff, or constable for J constable 111 
 summoning a coroner's jury and the witnesses, one and a half 
 dollars. 
 
212 MISUSE OF PUBLIC FUNDS. 
 
 <*. 
 
 Powder Officer. 
 
 CHAP. 154. An AOT for appointment of Powder Offcer for the har- 
 bor of Norfolk and Portsmouth, 
 
 Approved March 3, 1880. 
 
 Appointment * Be ^ ena cted by the general assembly of Virginia, That 
 o^ powder for the purpose of better security of life and property in the 
 thorSed U ~ harbor of Norfolk and Portsmouth, one powder officer shall be 
 Term of office appointed by the governor for the term of four years. The 
 said officer shall superintend the handling of all powder to and 
 from vessels of every and all kinds in the harbor, whose duty 
 shall be to see that every prevention against danger of ignition 
 and explosion is adopted and rigidly observed ; for which ser- 
 vices he shall receive from the consignee of the powder for 
 )n transfer three cents per keg, and the said officer may be 
 required to enter into a bond, in the penalty of five thousand 
 dollars, for the faithful performance of his office before any 
 officer authorized to take official bonds. 
 
 [AMENDMENT.] 
 
 CHAP. 290. An ACT to amend an act passed February 27, 1880, 
 entitled an act for appointment of powder officer for the harbor of 
 Norfolk and Portsmouth. 
 
 Approved March 9, 1880. 
 
 Act 27th Peb- *' ^ e ^ enac ted by the general assembly, That the act passed 
 
 ruary, 1880, February twenty-seventh, eighteen hundred and eighty, entitled 
 an act for the appointment of powder officer for the harbor of 
 Norfolk and Portsmouth be amended by the addition of the 
 following section : 
 
 Amendment 2. This act shall be in force from its passage. 
 
 commencem't 2. This act shall be in force from its passage. 
 
 Misuse of Public Funds. 
 
 CHAP. 307. An ACT to prevent and punish the misuse or misappro- 
 priation of public funds by public officers. 
 
 Approved March 9, 1880. 
 
 Offence 1- Be ^ enacted by the general assembly, That if any state, 
 
 city, county or town officer, agent or employee having custody 
 of public funds, shall knowingly misuse or misappropriate the 
 same, or knowingly dispose thereof otherwise than in accord- 
 ance Avith the law, he shall be deemed guilty of a felony, and 
 on conviction thereof, shall be confined in the penitentiary for 
 a term of not less than one nor more than ten years, in the dis- 
 cretion of the jury ; and any default of any such officer, agent 
 or employee in paying over said funds to the proper authorities 
 when required to do so by law, shall be deemed prima facie 
 proof of his guilt. 
 
 Act to be ^* The judges of the commonwealth shall give this act in 
 en in charge charge to every grand jury empanelled in their courts. 
 
 to grand jury 3 Thig a(jfc gnal } ^ Q in force from itg 
 
VACCINATION. 213 
 
 City Bonds. 
 
 CHAP. 28. An ACT authorizing the city of Norfolk to issue its 
 bonds for the purpose of retiring and refunding certain bonds now 
 outstanding. 
 
 Approved January 19, 1882. 
 
 1. Be it enacted by the general assembly, That the councils For issue of 
 of the city of Norfolk be and they are hereby authorized j JJSjJ^Jf^ 
 issue and sell either registered or coupon bonds of the said tiring and re- 
 city, to an amount not exceeding four hundred and thirty- four fa\n d bonds r " 
 thousand dollars, payable at such time, not exceeding thirty now outstand- 
 years, and at such rate of interest, not to exceed five per cen- m 
 
 turn, as the councils of said city may deem best: provided, 
 however, that the money arising from the sale of such bonds 
 shall be used and applied by the said councils for the payment 
 and redemption of the registered bonds of the city of Norfolk, 
 which will fall due in the years eighteen hundred and eighty- 
 two, eighteen hundred and eighty-three, eighteen hundred and 
 eighty-four, eighteen hundred and eighty -five; and the said 
 money arising from the sale of said bonds shall be used for no 
 other purpose whatever. 
 
 2. This act shall be in full force from its passage. commencem't 
 
 Vaccination. 
 
 CHAP. 16G. An ACT to amend and re-enact section nineteen, chap- 
 ter eighty-four of the Code of 1873, in relation to public health. 
 
 Approved February 21, 1882. 
 
 1. Be it enacted by the general assembly, That section Act 
 nineteen of chapter eighty-four of the Code of eighteen hun- 
 dred and seventy-three be amended and re-enacted to read as 
 follows: 
 
 19. The common council of any city, or town, and the May cause 
 board of supervisors of any county, when, in their judgment, ?|cc?nated be 
 occasion requires, may cause persons, residing within their 
 limits, to be vaccinated with genuine vaccine matter ; and 
 the council of any city or town may enforce obedience to its 
 ordinance by affixing fines and penalties for the violation of 
 said ordinance. Should any person or persons, including 
 children, who attend the public schools, be unable to pay for 
 vaccination, such person or persons shall be vaccinated with 
 genuine vaccine matter at the cost and expense of the city, 
 town, or county, and provision shall be made therefor by the 
 council of the city or town, or by the board of supervisors of 
 the county. 
 
 2. This act shall be in force from its passage. commencem't 
 
 Penalty for Non-payment of Taxes. 
 
 CHAP. 220. An ACT to prescribe the penalty for non-payment of 
 taxes in cities and towns. 
 
 Approved March 6, 1882. 
 1. Be it enacted by the general assembly, That it shall not 
 
214 CHARTER OF THE CITY GAS LIGHT COMPANY. 
 
 be . lawful for the authorities of any city or town in this state, 
 to impose or receive, in any case, a higher rate of penalty for 
 the non-payment of taxes, than is prescribed by the laws of the 
 state in the cases of persons delinquent in the payment of 
 state taxes. 
 
 2. All acts and parts of acts, and all provisions of the char- 
 ters or ordinances of any city or town in this state, in conflict 
 with this act, are hereby repealed and declared null and void. 
 
 3 'p n j s act 8 j la j{ be in force fmm ^ assae . 
 
 Commencem't 
 
 Proving City Ordinances. 
 
 CHAP. 9. An ACT to prescribe the method of proving the ordinan- 
 ces and joint resolutions of municipal corporations. 
 
 Approved January 18, 1884. 
 
 Ordinances of 1. Be it enacted by the general assembly of Virginia, That 
 s; a ^ ordinances and joint resolutions of any municipal corpora- 
 tion in the commonwealth shall be sufficiently proved in any 
 court or cause by producing a copy of the same, certified by 
 the clerk of the corporation, or a printed copy of the same ; 
 provided such printed copy purports to have been printed by 
 the authority of the corporation ; but in the latter case, with- 
 out prejudice to the right of any party in interest to prove, by 
 competent evidence, any error in the printed copy as compared 
 with the ordinance or joint resolution as passed. 
 i't 2. This act shall be in force from its passage. 
 
 Commencem' 
 
 Charter of City Gas Light Company. 
 
 CHAP. 20. --An ACT to extend, renew and amend the charter of the 
 City Gas Light Company of Norfolk. 
 
 Approved January 18, 1884. 
 
 charter* 011 of 1. Be it enacted by the general assembly of Virginia, That 
 the charter of the city gas light company of Norfolk, granted 
 by the act entitled an act to incorporate the city gas light 
 company of Norfolk, passed January eleven, eighteen hundred 
 and fifty, be and the same is hereby revised, renewed, amended 
 and extended for a period of thirty years from and after the 
 date of the passage of this present act. 
 
 2. That sections one, two and four of the act first above 
 recited, be amended and re-enacted so as to read as follows : 
 
 Names and 1. Be it enacted by the general assembly of Virginia, That 
 Tazewell Taylor, Frederick W. Soufchgate, A. T. M. Cooke, 
 Thomas Newton, Walter H. Taylor, Charles 8. Almand, C. W. 
 Newton, Richard Dickson, G. K. Drurnmond, William Selden, 
 Thomas Bottimore, and W. C. Dickson, and such other persons 
 as may now and hereafter be associated with them, shall be and 
 they are hereby incorporated and made a body politic and cor- 
 porate, under the name and style of the city gas light company 
 of Norfolk, with full power to construct or purchase suitable 
 works and machinery, either in Norfolk city, or Norfolk county, 
 
u. s. 
 
 U. S. OFFICERS NOT TO HOLD STATE OR CITY OFFICE. 215 
 
 or both, for the manufacture, distribution and sale of gas, 
 electricity or other material, from bituminous or other sub- 
 stances, for the purposes of public and private heating and 
 illumination, and for power, both within the corporate limits 
 of Norfolk city and without the same in Norfolk county, 
 adjacent to said city; and for the purpose of carrying into full 
 effect the works herein provided for, the said company shall 
 have power to purchase and hold such real estate, not exceed- 
 ing twenty acres, located either in the city or county of 
 Norfolk, or both, as may be necessary for their works and the 
 proper carrying on of their business ; and they are hereby 
 invested with all the powers conferred, and subjected to all 
 the provisions prescribed by chapters fifty-six and fifty-seven 
 of the code of Virginia, edition of eighteen hundred and 
 seventy-three, except in so far as may be otherwise provided in 
 this act. 
 
 2. Be it further enacted, That the capital stock of the city capital stock 
 gas light company of Norfolk, shall not be less than twenty how to be 
 thousand dollars, nor more than five hundred thousand dollars, ra 
 to be divided into shares of one hundred dollars each, to be 
 raised by subscription ; for which purpose, if the stock be not 
 otherwise subscribed, books may be opened under the superin- 
 tendence of Charles S. Allmand, 0. W. Newton, Richard Dick- 
 son, William Selden, G. II. Drummond, Thomas Bottirnore, 
 and W. C. Dickson, and such other persons as may be asso- 
 ciated with them, or any two of them iu conformity with the 
 law in such case made and provided. 
 
 4. Be it further enacted, That the said company shall be R igh ts of corn- 
 authorized to open the streets, avenues, highways, and public P n y in . carry- 
 
 n , , j> i ' mgonbusi- 
 
 parks and squares of the said city and county, for laying pipes, ness 
 planting poles or placing and working such .apparatus as shall 
 be necessary to carry on the business of the said company; 
 provided, that when the same shall be repaired by the said 
 company, at its own cost and expense, subject to the approval 
 of the inspector or engineer of said city, or the councils 
 thereof; and provided also, that no poles shall be planted in 
 the streets of the city by the said company, until the consent 
 of the council thereto, shall have been first had and obtained. 
 
 3. This act shall be in force faom its passage. Commencem't 
 
 Prohibiting United States Officers from Holding State or City 
 
 Offices. 
 
 CHAP. 145. An ACT to amend and re-enact section 2 of chapter 11 
 of the Code of 1873, relating to the qualifications to hold office. 
 
 Approved February 22, 1884. 
 
 1. Be it enacted by the general assembly of Virginia, That 
 section two of chapter eleven, code of Virginia, edition of 
 eighteen hundred and seventy-three, be amended and re- 
 enacted so as to read as follows : 
 
 2 No person shall be capable of holding any such post, Certain p^r- 
 who holds any post of profit, trust or emolument, civil or ^ office 118 
 
216 SALARY OF CIRCUIT JUDGE. 
 
 military, legislative, executive or judicial, under the govern- 
 ment of the United States, or who receives in any way from 
 United States, any emolument whatever, and the acceptance of 
 any such post of profit, trust, or emolument, under the gov- 
 ernment of the United States, or who is in the employment of 
 the United States government in any capacity, shall ipso facto, 
 vacate any post of profit, trust or emolument, under the 
 government of this commonwealth, or any town, city, or 
 county thereof, and it shall be the duty of the constituted 
 authorities of this commonwealth, to take such action as may 
 be necessary to fill any vacancy so created, either by appoint- 
 ment or by causing an election or elections to be held, as may 
 be provided by law, whenever the fact of snch acceptance shall 
 be brought to their attention. 
 
 2. All acts and parts of acts inconsistent with this act, are 
 hereby repealed, 
 commencem't 3. This ac fc shall be in force from its passage. 
 
 To Prevent Obstructions of Streets by Railroads, and Hinder- 
 ing Trains. 
 
 CHAP. 391. An ACT to prevent obstructions of streets, turnpikes and 
 county roads or the crossings on railways. 
 
 Approved March 12, 1884. 
 
 1. Be it enacted by the general assembly of Virginia, That 
 it shall not be lawful to obstruct free passage on any street, 
 turnpike or county road, by standing cars or trains across said 
 public highways, but a passway shall be kept open, except a 
 passenger train while receiving or discharging passengers; nor 
 shall it be lawful to stand any wagon, or other vehicle, on the 
 track of any railway which will hinder or endanger a moving 
 train. 
 
 2. If any person in charge of railway cars, or a train of cars, 
 or a wagon or other vehicle, shall violate the provisions of the 
 preceeding section, he shall be liable to arrest and a fine of 
 five dollars before a justice of the peace. 
 
 Salary of Circuit Judge. 
 
 CHAP. 558. An ACT to authorize the Councils of the city of Norfolk 
 to add to and increase the salary of the Judge of the Circuit Court 
 of the city, and to pay such increase from the City Treasury. 
 
 Approved March 19, 1884. 
 
 Whereas the great increase in the business and commercial 
 prosperity of the city of Norfolk has greatly added to the 
 duties and labors of the judge of the circuit court of that city, 
 in the examination and grunting .f charters of incorporation, 
 and other duties which are required to be done in chambers; 
 therefore, 
 
 1. Be it enacted by the general assembly of Virginia, That 
 the councils of the said city of Norfolk be and they are hereby 
 
LICENSE TAXES ON CORPORATIONS. 217 
 
 authorized and empowered to add to and increase the salary of 
 the judge of the circuit court of said city ; provided that the 
 increase or pay allowed to the judge of said court shall not 
 exceed the sum of one thousand dollars per annum, and that 
 the same shall be paid out of the treasury of the said city. 
 
 Notice of Redemption of Bonds. 
 
 CHAP. 479. An ACT providing how counties, cities and towns may 
 give notice to its holders of coupon bonds proposed to be redeemed. 
 
 Approved March 17, 1884. 
 
 1. Be it enacted by the general assembly of Virginia, That, 
 when any county, city or town wishes to redeem any of its out- 
 standing redeemable coupon bonds, it may through its proper 
 officer give notice of its readiness to do so to the holder in 
 person or by a notice inserted once a week for two weeks in a 
 newspaper published in or near said county, city or town. It 
 shall be sufficient in said notice to give the number and 
 amount of such bond, and to fix a day for its presentation for 
 payment, which shall not be less than ten days from the date 
 of said personal notice, or the completion of said notice of 
 publication, as the case may be. If the bond shall not be 
 presented on the day fixed for its redemption, interest shall 
 cease thereon, and the holder shall be entitled to no interest 
 from that date. 
 
 2. This act shall be in force from and after its passage. 
 
 License Taxes on Corporations. 
 
 Approved March 15, 1884. 
 
 108. It shall not be lawful for any incorporated company 
 doing business in this state, to exact or receive of persons 
 dealing with it, or charge to the account of such persons with 
 the company, the sum required by the state, county, city, or 
 town to be paid for the license or business of such company, 
 or any portion thereof, or any amount on account thereof. 
 Any company violating this provision, shall for every such 
 violation, be liable to a fine of one hundred dollars, one-half 
 of which shall go to the informer. 
 
 City Bonds. 
 
 CHAP. 29. AN ACT to amend chapter 28 of the acts of assembly 
 1881-2, entitled an act authorizing the city of Norfolk to issue its 
 Bonds for the purpose of retiring and refunding certain bonds now 
 outstanding. 
 
 Approved August 27, 1884. 
 
 1. Be it enacted by the general assembly of Virginia, That 
 the act entitled an act authorizing the city of Norfolk to issue 
 its bonds for the purpose of retiring and refunding certain 
 bonds now outstanding, approved January ninteenth, eighteen 
 
 28 
 
218 SCHOOLS. NON RESIDENT TAX-PAYERS RIGHTS IN. 
 
 hundred and eighty-two, be and the same is hereby amended 
 and re-enacted so as to read as follows : 
 council to i. That the councils of the city of Norfolk be and thev 
 
 issue and sell ,, -i j. jn -JT > 
 
 bonds and for are hereby authorized to issue and sell either registered or 
 what purpose CO upon bonds of the said city, to an amount not exceeding 
 three hundred and thirty- three thousand dollars, payable at 
 such time not exceeding thirty years, and at such rate of 
 interest not to exceed six per centum as the said councils of 
 said city may deem best ; provided however, that the money 
 arising from the sale of such bonds shall be used and applied 
 by the said councils for the payment and redemption of the 
 registered bonds of the city of Norfolk, which shall fall due 
 in the years eighteen hundred and eighty-four and eighteen 
 hundred and eighty-five ; and the said money arising from the 
 sale of said bonds, shall not be used for any other purpose 
 whatever, 
 commencem't 3. ^his act shall be in force from its passage. 
 
 Schools. Non Resident Tax-Payers Rights in. 
 
 CHAP. 132. An ACT to amend and re-enact an act entitled an act to 
 amend and re-enact an act entitled an act to secure to tax-payers in 
 cities and towns the right of public school education for their chil- 
 dren, approved March 17, 1884. 
 
 Approved November 27, 1884. 
 
 Repeal and 1. Be it enacted by the general assembly of Virginia, That 
 an ac ^ ^ amen( ^ an ^ re-enact an act entitled an act to secure 
 to the tax-payers in cities and towns the right of public school 
 education for their children, approved March seventeenth, 
 eighteen hundred and eighty-four, be amended and re-enacted 
 so as to read as follows : 
 HOW resident 2. That it shall be lawful for any person who is a tax-payer 
 tax-payers to an d citizen of Virginia, in any town, county, or school district 
 
 have benefit . , -i i i r i i 
 
 of scoois of the commonwealth, and who is not a resident of said town, 
 county or school district, to send his children to any public 
 free school in said town, county or school district, subject to 
 the laws regulating public free schools in said town, county or 
 school district, as though said tax-payer resided in said town, 
 county or school district. And any guardian who is a tax- 
 payer for his ward or wards as aforesaid, shall be entitled to 
 the privileges above named for his ward or wards, if citizens 
 of Virginia : provided that children whose parents or guardian 
 do not reside in any city of the commonwealth shall be 
 received into the public schools of such city, only upon such 
 terms and conditions as may be prescribed by the school board 
 of such city. 
 
 3. This act shall go into effect on the first day of July, 
 
 commencem't eighteen hundred and eighty-five. 
 
EXTRACTS FROM THE CONSTITUTION. 219 
 
 Service of Process on Corporations. 
 
 CHAP. 1C4. An ACT to amend an act entitled an act to amend and 
 re-enact section 7 of chapter 166 of Code of 1873, in relation to 
 service of process against or notice to a corporation. 
 
 Approved November 21), 1884. 
 
 1. Be it enacted by the general assembly of Virginia, That 
 section seven, chapter one hundred and sixty-six of Code of 
 eighteen hundred and seventy-three, as amended by an act 
 approved March eighteenth, eighteen hundred and eighty- 
 four, entitled an act to amend an re-enact section seven, 
 chapter 166 of code of eighteen hundred and seventy-three, in 
 relation to service of process against or notice to a corporation, 
 be amended and re-enacted so as to read as follows : 
 
 7. It shall be sufficient to serve any process against, or 
 notice to a corporation on its mayor, rector, president or other What 8na n be 
 chief officer, or in his absence from the county or corporation sufficient pro- 
 
 i -i i i v i Ji i /* A j/i cess on ana 
 
 in which he resides, or m which is the principal office of the notice to cor- 
 corporation against or to which the process or notice is, if itP ration8 - 
 be a city or town, or the president of the council, or board of 
 trustees, or in his absence, or the recorder or any alderman 
 or trustee, and if it be not a city or town, on the cashier or 
 treasurer, and if there be none such, or he be absent, on a 
 member of the board of directors, trustees, or visitors. If the 
 case be against a bank of circulation and be in a county or 
 corporation wherein the bank has a branch, service on the 
 president or cashier of such branch bank shall be sufficient ; 
 and if the case be against some other corporation, whether 
 incorporated by the laws of this state or any other state or 
 country, transacting business in this state, or on any agent there- 
 of, or any person declared by the laws of this state to be an agent 
 of such corporation ; and if there be no such agent in the 
 county or corporation, publication of a copy of the process or 
 notice as an order is published under the eleventh section of 
 this chapter, shall be sufficient. Service on any person under 
 this section shall be in the county or corporation in which he 
 resides, or in which the principal office of the company 
 is located ; and the return shall show this, and state on whom, 
 and when the service was, otherwise the service shall not be 
 valid. 
 
 2. This act shall be in force from its passage. 
 
 Comraencem't 
 
 Extracts from the Constitution of the 
 Commonwealth. 
 
 AETICLE V. 
 
 Sec. 15. No law shall embrace more than one object, which 
 ehall be expressed in its title ; nor shall any law be revived 
 or amended with reference to its title, but the act revived or the 
 section amended, shall be re-enacted and published at length. 
 
 Sec. 23. The legislature shall have power to provide for the 
 
220 EXTRACTS FROM THE CONSTITUTION. 
 
 government of cities and towns, and to establish such courts 
 therein as may be necessary for the administration of justice 
 
 ARTICLE VI. 
 
 Government of Cities and Towns. 
 
 Sec. 14. For each city or town in the state, containing a 
 population of five thousand, there shall be elected on the joint 
 vote of the two houses of the general assembly, one city judge, 
 who shall hold a corporation or hustings court of said city or 
 town, as often, and as many days in each month, as may be 
 prescribed by law, with similar jurisdiction which may be 
 given by law, to the circuit courts of this state, and who shall 
 hold his office for a term of six years : provided, that in cities 
 or towns containing thirty thousand inhabitants, there may be 
 elected an additional judge to hold courts of probate and 
 record, separate and apart from the corporation or hustings 
 courts, and perform such other duties as shall be prescribed 
 by law. 
 
 Sec. 15. Also the following enumerated officers, who shall 
 be elected by the qualified voters of the said cities or towns : 
 One clerk of the corporation or hustings court, who shall also 
 be the clerk of the circuit court, except in cities or towns con- 
 taining a population of thirty thousand or more ; in which 
 city or town there may be a separate clerk for the circuit 
 court, who shall hold his office for a term of six years. 
 
 Sec. 16. One commonwealth's attorney, who shall be the 
 commonwealth's attorney for the circuit court, and shall hold 
 his office for a term of two years. 
 
 Sec. 17. One city sergeant, who shall hold his office for a 
 term of two years. 
 
 Sec. 18. One city or town treasurer, whose duties shall be 
 similar to those of county treasurer, and shall hold his office 
 for a term of three years. 
 
 Sec. 19. One commissioner of the revenue. 
 
 Sec. 20. There shall be chosen by the electors of every city, 
 a mayor, who shall be the chief executive officer thereof, and 
 who shall see that the duties of the various city officers are 
 faithfully performed. He shall have power to investigate 
 their acts, have access to all books and documents in their 
 offices, and may examine them and their subordinates on oath. 
 The evidence given by persons so examined, shall not be used 
 against them in any criminal proceedings. He shall also have 
 power to suspend or remove such officers, whether they be 
 elected or appointed, for misconduct in office or neglect of 
 duty, to be specified in the order of suspension or removal ; 
 but no such removal shall be made without reasonable notice 
 to the officer complained of, and an opportunity afforded him 
 to be heard in his defence. .All city, town and village officers, 
 whose election or appointment is not provided for by this con- 
 stitution, shall be elected by the electors of such cities, towns 
 and villages, or of some division thereof, or appointed by such 
 
EXTRACTS FROM THE CONSTITUTION. 221 
 
 authorities thereof as the general assembly shall designate. 
 All other officers whose election or appointment is not provid- 
 ed for by this constitution, and all officers whose offices may 
 be hereafter created by law, shall be elected by the people, or 
 appointed, as the general assembly may direct. Members of 
 common councils shall hold no other office in cities, and no 
 city officer shall hold a seat in the general assembly. The 
 general assembly, at its first session after the adoption of this 
 constitution, shall pass such laws as may be necesary to give 
 effect to the provisions of this article. General laws shall be 
 passed for the organization and government of cities, and no 
 special act shall be passed, except in cases where, in the judg- 
 ment of the general assembly, the object of such act cannot be 
 attained by general laws. Nothing in this article shall affect 
 the power of the general assembly over quarantine, or in 
 regard to the port of Norfolk, or the interest of the state in 
 the lands under water and within the jurisdiction or bound- 
 aries of any city, or to regulate the wharves, piers or slips in 
 any city. All laws or city ordinances in conflict with the pro- 
 visions of the preceeding sections, shall be void from and after 
 the adoption of this constitution. 
 
 SEC. 21. All regular elections for city or town officers, under 
 this article, shall be held on the fourth Thursday in May, and 
 the officers elect shall enter upon their duties on the first day 
 of July succeeding. 
 
 ARTICLE VIII. 
 Education. 
 
 SEC. 11. Each city and county shall be held accountable for 
 the destruction of school property that may take place within 
 its limits by incendiaries or open violence. 
 
 ARTICLE X. 
 
 Taxation and Finance. 
 
 SEO. 1. Taxation, except as hereinafter provided, whether 
 imposed by the state, county, or corporate bodies, shall be equal 
 and uniform, and all property, both real and personal, shall be 
 taxed in proportion to its value, to be ascertained as prescribed 
 by law. No one species of property, from which a tax may be 
 collected, shall be taxed higher than any other species of pro- 
 perty of equal value. 
 
 SEC. 2. No tax shall be imposed on any of the citizens of 
 this state for the privilege of taking or catching oysters from 
 their natural beds with tongs, in the waters thereof; but the 
 amount of sales of oysters so taken by any citizen, in any one 
 year, may be taxed at a rate not exceeding the rate of taxation 
 imposed upon any other species of property. 
 
 SEC. 3. The legislature may exempt all property used ex- 
 clusively for state, county, municipal, benevolent, charitable, 
 educational and religious purposes. 
 
 SEC. 4. The general assembly may levy a tax on incomes in 
 excess of six hundred dollars per annum, and upon the follow- 
 ing licenses, viz : the sale of ardent spirits, theatrical and 
 
222 EXTRACTS FROM THE CONSTITUTION. 
 
 circus companies, menageries, jugglers, itinerent pedlars, and 
 all other shows and exhibitions for which an entrance fee is 
 required ; commission merchants, persons selling by sample, 
 brokers and pawn-brokers, and all other business which cannot 
 be reached by the ad valorem system. The capital invested in 
 all business operations shall be assessed and taxed as other 
 property. Assessments upon all stock shall be according to 
 the market value thereof. 
 
 SEC. 5. The general assembly may levy a tax, not exceeding 
 one dollar per annum, on every male citizen who has attained 
 the age of twenty-one years, which shall be applied exclusively 
 in aid of public free schools; and counties and corporations 
 shall have power to impose a capitation tax, not exceeding 
 fifty cents per annum, for all purposes. 
 
 SEC. 6. The general assembly shall provide for a re-assess- 
 ment of the real estate of this state in the year 1869, or as 
 soon thereafter as practicable, and every fifth year thereafter ; 
 provided, in making such assessment, no land shall be assessed 
 above or below its value. 
 
 SEC. 16. Every law which imposes, continues or revives a 
 tax, shall distinctly state the tax, and the object to which it is 
 to be applied, and it shall not be sufficient to refer to any 
 other law to fix such tax or object. 
 
 Meet ion of State Officers for the City. 
 
 The clerk of the courts in 1888, for six years. 
 
 The commonwealth's attorney in 1886, for two years. 
 
 The city sergeant in 1886, for two years. 
 
 The city treasurer in 1888, for three years. 
 
 The commissioner of the revenue in 1886, for two years. 
 
APPENDIX. 
 
 Town Point Lots and Ends of Streets. 
 
 Opinion of JUDGE D. TUCKER BROOKE, 
 In the Corporation Court. 
 
 APRIL TERM, 1885. 
 
 IN THE MATTER OF 
 
 Unlawful Trespass. 
 J. W. LEE, 
 
 Upon an appeal from a 
 vs. 
 
 WM. O'CONNOR. ) 
 
 This is an action of unlawful trespass instituted before a 
 justice of the peace, and comes here upon an appeal from his 
 decision. The aet complained of as a trespass consisted of the 
 defendant passing with a truck over a certain portion of Jack- 
 son street, in the city of Norfolk, of which the plain tiff 
 claimed to have exclusive right of possession under a lease 
 from the city of Norfolk, conveying to him the "end of Jack- 
 son street" with other property belonging to the city. The 
 right of the city to make the lease referred to is based upon 
 an act of the general assembly of Virginia, passed January 
 29, 1866 (acts 1865-6, p. 277), authorizing the city councils of 
 the city of Norfolk "to make such use of the ends of streets of 
 said city running to tidewater as they may deem necessary for 
 the public interest." The defendant was at the time of the 
 alleged trespass, an employe of the tenant of the owner of 
 property abutting on Jackson street. 
 
 The questions presented are: 
 
 1. Did the city of Norfolk have the right to give exclusive 
 use and possession of the end of Jackson street to the plain- 
 tiff? 
 
 2. If the city had the right was the locus of the alleged 
 trespass within that portion ot Jackson street falling within 
 the words "end of Jackson street ?" 
 
 The first question at once resolves itself into two branches. 
 
 a. The right of the city of Norfolk prior to the act of 1865-6. 
 
 b. The right of the city of Norfolk after the passage of that 
 act. 
 
 (a) In the year 1705, in the 4th year of Queen Anne, while 
 yet Virginia was a colony and the beds of her rivers, creeks 
 and bays were in the crown (2 Min. Ins. 557) the Virginia 
 
224 TOWN POINT LOTS AND ENDS OF STREETS. 
 
 general assembly with the consent of the crown passed an act 
 establishing certain towns as ports. Among these was Norfolk, 
 on the Elizabeth river (3 Hen. St. at L. 415). By one of the 
 sections of that act (ibid p. 412) it is provided as follows: 
 "And if any person having a lott in town upon the water side, 
 will build out into the water before his own lott, for the better 
 conveniency of landing and shipping off goods, such persons 
 shall have the whole benefit of such building, and the land 
 so built upon shall be reckoned as part of his own lott, and it 
 shall entirely be his as the lott itself," etc. 
 
 It will be observed that this provision was an innovation 
 upon the law of riparian rights, under which the owner of 
 property bordering upon tidewater acquired at that time a fee 
 simple title only down to high wnter. But it was an innova- 
 tion made by a duly authorized power, applicable only to the 
 ports, or towns established by that act, and for the express 
 purpose of facilitating commerce. 
 
 In this condition of affairs, in the first year of George III. 
 1761, an act was passed enlarging the limits of the port of 
 Norfolk, which had by previous acts been made a borough, and 
 giving to owners of lots in the annexed territory the same 
 privileges, etc., theretofore bestowed upon lot owners of the 
 original town. The 4th section of this act, reciting that a cer- 
 tain lot of public land, called the Fort Land, in the borough of 
 Norfolk, was daily washing away by the washing of the river, 
 and that neither the county nor the borough of Norfolk were 
 in condition, financially, to correct the evil, established what 
 we may call the Fort Land company, vesting the fee simple 
 title of said land in trustees for the benefit of the said com- 
 pany. The 5th section of this act, however, gave to the county 
 and to the borough of Norfolk if the county should refuse, the 
 right to acquire the said Fort Land from the company by pur- 
 chase for the benefit of the inhabitants of the county or 
 borough as the case might be. (7 Hen. St. at L. 435, 510, 511, 
 512). The Fort Land company, however, refused to accept 
 the benefits of that act, unless the borough of Norfolk, to the 
 exclusion of the county, should have the authority to buy the 
 said land, and accordingly the act of 1 George III , 1761, was 
 amended to suit the views of the company by the act of 2 
 George III., 1762. (7 Hen. St. at L. 511.) And by act of 7 
 George III , 1766, the trustees of said company were given a 
 perpetual succession. (8 Hen. St. at L. 269-70.) We find 
 then in 1766, the Fort Land, owned in fee simple by a private 
 corporation, with the right in such corporation under the then 
 statute law, to build out into the water in front of their land, 
 and upon so doing to acquire the title to the land built upon/ 
 the only limitation to this right of acquisition being the 
 obstruction of navigation, and this limitation being deduced 
 by the principle of exclusion, from the fact that the pur- 
 pose of the grant was to facilitate commerce. And this was the 
 condition of affairs when by revolution, Virginia acquired her in- 
 dependence of England and became a sovereign state. By virtue 
 of her revolution and consequent acquisition of an independent 
 
TOWN POINT LOTS AND ENDS OF STREETS. 225 
 
 sovereignty, she became as sovereign the owner of the beds 
 of rivers, creeks, etc., within her territorial limits, and though it 
 may be admitted that she became such owner with full power, 
 as a necessary incident of her sovereignty, to avoid any 
 prior grant of the same or any part thereof by the predecessor 
 sovereignty, the crown of England, which she should deem 
 derogatory of her sovereignty or subversive of her interest, yet 
 the question still remains whether in the exercise of this in- 
 cident of sovereignty she ever did avoid the royal act by which 
 the Fort Land company became entitled to acquire in fee, by 
 building on it, the land under water fronting their property. 
 That she has avoided the grant of a predecessor sovereign to 
 her own citizens for the purpose of promoting the prosperity 
 of one of her own ports, is not to be presumed in the absence of 
 clear statutory provision. No such statute seems to have been 
 passed prior to 1792, in August of which year the Fort Land 
 company, or as it was then usually called the Town Point com- 
 pany, conveyed the Fort, or Town Point, land to the borough of 
 Norfolk. There can seem no doubt, therefore, that the 
 borough of Norfolk acquired by that conveyance the Fort, or 
 Town Point, land with all the rights incident thereto, just as 
 it had been held by the company, including the right to 
 acquire title to the land covered by water in front of its pro- 
 perty, by building upon it, etc. In the same year the borough 
 of Norfolk caused this land to be laid off and platted into lots, 
 streets, etc., running the streets on the plat to the extent of 
 their rights of property, viz : to the channel of the river, 
 which expression, considered in the light of the special legis- 
 lation under which they held, must be construed to mean to 
 the point to which they could go without impeding common 
 navigation, and not, as contended by counsel, only to low water 
 mark. There seems no room for doubt that the borough of 
 Norfolk, at the time of such purchase, in 1792, had under the 
 original grant to the Town Point company, it not having been 
 avoided by the state of Virginia in the exercise of her sov- 
 ereignty, the right to lay out and open these particular streets 
 to the channel or line of common navigability, and to sell lots 
 binding on them down to the same point ; and so far from its 
 appearing that the state did ever avoid the right of the 
 borough of Norfolk to exercise all the privileges bestowed by 
 act of 4 Anne, 1705, upon lot owners in the port of Norfolk, 
 owning lots on the water, she seems to have acknowledged and 
 confirmed those rights, only confining them within the 
 original intent that they should not be exercised so as to 
 impede navigation. 
 
 In the year 1801 an act was passed providing for the appoint- 
 ment for the borough of Norfolk of three discreet persons as 
 wardens of the port, a part of whose duty it was to give notice 
 in writing to the "owner" of any dock or wharf, deemed by them 
 a nuisance, to remove such nuisance either by deepening the 
 place or filling it up. And by another section of the act, 
 reciting that the "owners" of lots on rivers and creeks were con- 
 stantly extending their wharves and breastworks beyond each 
 
 29 
 
226 TOWN POINT LOTS AND ENDS OF STREETS. 
 
 other, whereby navigation is greatly obstructed, the wardens 
 are directed to run a line on the water front of the borough, 
 haying due regard to the depth of the water from one end of 
 the town to the other, so as not to obstruct the navigation of 
 the river, beyond which line no person should extend any 
 wharf or breastwork. This is the origin of the port warden's 
 line in Norfolk, and from the language of the act it is the line 
 of navigability. 
 
 Thii act is a clear acknowledgment on the part of the state 
 of ownership by individuals of wharves and docks filled up and 
 extended to the line of navigability, and was so construed by 
 our court of appeals in Hardy vs. McCullough, 23 Gratt., and 
 to construe it otherwise would be to divest the titles to nine 
 tenths of the wharf property in the city of Norfolk, all of 
 which is the result of filling or building and not of alluvion 
 or gradual accretion. Nor can 1, ch. 52 code of 1873, be 
 fairly construed as adverse to this view. That section expressly 
 recognizes the existence and validity of former grants of the 
 beds of bays, rivers and creeks, and does not pretend to avoid 
 them when made by special grant or compact according to law. 
 
 It follows then that the borough of Norfolk, as a private 
 owner, in 1792 had the right, which was not afterwards taken 
 from her, to lay off these streets to the channel of the river, or 
 to the line of common navigability, (soon after definitely 
 defined by the port wardens), and to sell lots binding upon 
 these streets down to the same point or line. And accordingly 
 in 1792 the borough did exercise this right and sold the lots 
 by advertisement, with express reference to the plat showing 
 the streets. One of these lots by successive conveyances has 
 become the property of Tunis' estate, whose tenant employed 
 the defendant to do the act complained of as a trespass. What, 
 then, considering the borough of Norfolk as a private owner, 
 merely, was the effect of this dedication of these streets and 
 sale of lots binding upon them. In considering this question 
 as bearing on the case at bar, the defendant is to be considered, 
 
 (a 1 ) Simply as an individual, one of the general public, 
 claiming no right in the premises not common to other indi- 
 viduals of the community; 
 
 (a 2 ) As an employe of the tenant of the owner of the 
 adjoining property, claiming special rights under such owner. 
 In more general terms, Mr. O'Connor in this case represents 
 the rights of, first, ihe public, and, second, the owners of lands 
 abutting on the streets. 
 
 " Where the owner of land in a city lays out a street 
 through it and sells lots on each side of it, the rights of 
 different parties concerned" are as follows: 
 
 The public have an easement of way, or right of passage. 
 
 The corporation (or city) has the right to make ordinances, 
 and the state to make laws as to the way in which this right of 
 way or public street shall be used. 
 
 The grantees of lots bordering on the street, in addition to 
 this privilege common to them with other members of the 
 public, have peculiar rights ; they are purchasers by implied 
 
TOWN POINT LOTS AND ENDS OF STREETS. 227 
 
 covenant from the grantors of the right to have that interval 
 of ground left open for ever ; and though the city or itate 
 were to close the street as a public highway so as to deprive 
 the general public of its easements, they could not divest the 
 lot owners of their right to have that space left open as a street, 
 because that is a private right vested in them by purchase from 
 the owner of the soil. 
 
 2 Smith's Leading Cases, 186 (Dovastin vs. PayneJ. 
 Seventeenth Street, 1 Wendell, 202. 
 Lewis Street, 2 Wendell, 472. 
 Livingston vs. Mayor New York, 8 Wendell, 85. 
 Alden vs. Murdock, 13 Mass., 256. 
 New Orleans vs. United States, 10 Peters, 666-720. 
 Parker vs. Framingham, 8 Mete, 260-266. 
 And this easement of the public extends throughout the 
 entire length of the street. 
 
 Taylor vs. Commonwealth, 29 Gratt., 793. 
 Applying these principles to the case at bar, and consider- 
 ing the city of Norfolk merely as a private owner, we find that 
 the general public, and the defendant O'Connor as a member 
 of that public, had the right, after these streets were opened 
 and until they should be closed as streets by the proper 
 authorities, to have them kept open for the use of the public 
 throughout their entire length as lawfully established (that is, 
 as we have endeavored to show, to the port wardens' line), and 
 that the owners of property abutting on these streets, have for 
 themselves and their employes (the defendant O'Connor being 
 one of their employes) the additional right to have that space 
 of ground, identical and co-extensive with Jackson street to 
 the port wardens' line, kept open for all the practical purposes 
 of a street for the benefit of such lot owners. 
 
 (b) Are these rights, then, affected by the acts of 1866-7, 
 which referred to the "ends of streets running to tidewater?" 
 That act provides that the city councils of the city of Norfolk 
 may make " such use of the ends of streets running to tide- 
 water as they may deem necessary for the public interests." Now 
 it will not be contended that by that act the state of Virginia 
 intended, even if she had the right after the implied surren- 
 der of her title by the act of 1801, as above recited, to resume 
 by virtue of her sovereignty, her title to the bed of the river 
 in front of lots in the city of Norfolk, which had been by her 
 predecessor sovereign, the crown of England, granted to the 
 owners of lots oh the water, and confirmed by her by the act 
 of 1801. But unless such a construction prevails, Jackson 
 street and all other streets on the Town Point land, are legally 
 streets down to the port wardens' line ; and being so, until it is 
 formally closed as such by the proper authority, the general 
 public (and Mr. O'Connor as one) have an easement over it 
 throughout its entire length to the port wardens' line, Was 
 this street closed as a street, or intended to be so, by the act of 
 1865-6 above recited ? No one will contend for that construc- 
 tion of the act. But if that construction be admitted, the 
 effect is only to deprive the public, and Mr. O'Connor in his 
 
228 TOWN POINT LOTS AND ENDS OF STREETS. 
 
 character as a member of it, of the easement ; it cannot deprive 
 the owners of lots abutting on it and their employes (among 
 others the defendant O'Connor) of their right to have the 
 space kept open for all practical purposes of a street for their 
 benefit ; because that is a private right acquired by purchase. 
 See cases cited above. 
 
 It follows, therefore, that under that act the city can give no 
 one possession of any part of Jackson street down to the port 
 wardens' line, to the exclusion of the general public without 
 closing it a street; and even then it can give no such posses- 
 sion to the exclusion of lot owners of property abutting on 
 this street. 
 
 In this view of the case the defendant was lawfully on the 
 street (wherever the exact point may have been, provided it was 
 within the port wardens' line) both in his capacity as a mem- 
 ber of the general public, and, a fortiori, as an employe of a 
 tenant of the owner of property abutting on the street. 
 
 These views, it is thought, are not in conflict with the doc- 
 trines established by the authorities quoted by the counsel for 
 plaintiff, except possibly the case in 3 Hughes' Reports. The 
 court admits, in the views above expressed, the position that 
 the beds of rivers, creeks and bays, etc., where not previously 
 granted, belong to the state and that the rights of riparian 
 owners do not give them title ; but the view of the court is 
 that these beds, etc., down to port wardens' line in the borough 
 of Norfolk, were previously granted by the crown of England, 
 and approved by legislative enactment in 1801, to the owners 
 of lots on the water in said borough. 
 
 The case in 3 Hughes may be at variance with the opinion 
 above expressed, but that case is not binding authority 
 upon this court, and a careful examination of it tends to 
 deprive it largely of that persuasive authority which the 
 rank and dignity of the court deciding it would otherwise give 
 it. There the court, starting out with the definition that a 
 " street is a way upon land, usually a paved way, lined or 
 intended to be lined on either side with houses," a defini- 
 tion, the necessary logical conclusion of which is to continue 
 a street running towards tidewater at least to high water mark 
 finally fixes the termination of Randolph street at Neyill's 
 north line, a point as shown by the platt, several feet above 
 high water mark, and decides that the lot lying between 
 Nevill's north line and high water mark does not abutt on 
 Randolph street. 
 
 So far I have discussed this question upon the theory that 
 the city of Norfolk as the fee simple owner of the property in 
 question, had, under the circumstances above recited, property 
 rights in the soil to the port wardens' line, other than mere 
 riparian rights, which gave her as a private owner the right to 
 lay out these streets to that line. The case of the city of 
 Norfolk vs. Cooke, 27 Grratt, is however, a strong authority 
 for the position that on general principles the city of Norfolk 
 as a municipality, has a right to extend its streets to the port 
 wardens' line. The general principles referred to seem to be 
 
TOWN POINT LOTS AND ENDS OF STREETS. 229 
 
 these : The dedication of a street to tidewater, carries with it, 
 for the purposes of the dedication the riparian rights of the 
 original owner, so as to invest in the municipality the right to 
 build out (extend its street out) in the water so as not to im- 
 pede navigation, and the port wardens' line marking the limit 
 to which such extension may be made without injury to navi- 
 gation, the municipality may extend its streets to the port 
 wardens' line. 
 
 These views render it unnecessary to discuss the 2nd point, 
 whether the locus of the alleged trespass was within that por- 
 tion of Jackson street falling within the words "the end of 
 Jackson street." 
 
 I am, therefore, for reversing the Decision of the magistrate. 
 
230 OFFICERS OF THE CITY. 
 
 OFFICEES OF THE CITY, 
 September 1st, 1885. 
 
 Mayor William Lamb. 
 
 Treasurer Wallace W. Hunter. 
 
 Auditor Benjamin F. Tebault. 
 
 Collector of City Taxes . . . . George W. Black. 
 Commissioner of the Revenue . . Charles B. Langley. 
 
 City Attorney A. B. Seldner. 
 
 City Engineer William T. Brooke. 
 
 Health Officer Dr. James D. Gait. 
 
 Clerk of the Market J. W. Blick. 
 
 Keeper of the Almshouse - . . . . George T. Keefe. 
 Superintendent of Cemeteries . . . Keley Harrison. 
 Keeper of Calvary Cemebery . . . A. B. Campbell. 
 Sealer of Weights and Measures . James N. Pebworth. 
 
 Weigher of Hay J. J. Burke. 
 
 Gauger and Inspector of Liquors . . John S. Fontane. 
 
 Inspector of Streets A. A. Runaldue. 
 
 Janitor of the City Hall D. C. Bell. 
 
 Weigher at the Market Scales . . . C. H. Battley. 
 Weigher at the Scales on Roanoke Square Geo. W. Battley. 
 Custodian of Christ Church Clock . . Dixon Brown. 
 
 GRAIN INSPECTORS AND MEASURERS. 
 
 R. 0. James, C. A. Davis, 
 
 W. Roberts, Joseph us Scott, 
 
 B. S. Gray, John C. Dalby, 
 
 R. K. Hudgins, Humphrey Hudgins, 
 
 J. N. Wilkinson, H. H. Woodhouse, 
 
 Edward Pearce, A. E. Owen, 
 C. H. Batley, Thomas B. Gresham, John L. Smith. 
 
 THE COURTS. 
 
 Judge of the Circuit Court : Honorable George Blow. 
 
 Judge of the Corporation Court : Honorable D. Tucker Brooke. 
 
 Commonwealth's Attorney : Thomas R. Borland. 
 
 Sergeant: Frank Slade. 
 Clerk of the Courts : Samuel Kimberly. 
 
 JUSTICES OF THE PEACE. 
 
 First Ward : E. R. Johnson. 
 
 Second Ward : George R. Wilson. 
 
 Third Ward: W. Hunter Saunders, (Police Justice). 
 
 Fourth Ward: Charles H. Todd. 
 
 High Constable : A. W. Chapman. 
 
 POLICE DEPARTMENT. 
 
 Commissioners: William Lamb, Mayor, ex-officio. 
 
 Washington Taylor. R. Y. Zachary. 
 Chief of Police: J. A. Roland. 
 
 Mayor's Clerk: Joseph A. Wright. 
 
OFFICERS OF THE CITY. 231 
 
 FIRE DEPARTMENT. 
 
 Commissioners : Walter A. Edwards, James B. Camp, Hugh 
 
 N. Page. 
 
 Chief Engineer : Thomas Kevill. 
 
 First Assistant Engineer : John A. Brimmer, Jr. 
 
 Second Assistant Engineer : Edward Church. 
 
 Fire Marshall : A. Gordon Milhado. 
 
 WATER DEPARTMENT. 
 
 Commissioners : George C. Reid, J. G. Womble, George W. 
 
 Dey, Treasurer. 
 Superintendent: Herbert L. Smith. 
 
 Registrar: John R. Todd. 
 Engineer at Pump House : William Wright. 
 
 STREET, SEWER AND DRAIN DEPARTMENT. 
 
 Commissioners : Elias E. Guy, President ; Richard H. Wright, 
 
 Treasurer. 
 Inspector of Plumbing : W. A. Foster. 
 
 BOARD OF HEALTH. 
 
 Benj. P. Loyall, President; Dr. W. T. Sutton, 
 
 Dr. M. Fitzgibbon, Dr. W. A. Thorn, Jr., Kader W. Dozier. 
 
 Sanitary Inspector: J. Pettis. 
 
 SINKING FUND COMMISSIONERS. 
 
 Dr. William Selden, Walter H. Taylor. 
 
 HARBOR COMMISSIONERS. 
 
 Charles Reid, President ; Richard A. Dobie, Walter H. Doyle. 
 Norfolk City. 
 
 William H. Peters, B. W. Baker. 
 
 Portsmouth. 
 
 T. J. Nottingham, Henry Kirn. 
 Norfolk County. 
 
 QUARANTINE COMMISSIONERS. 
 
 William B. Rogers, Dr. William J. Moore, B. P. Loyall. 
 Norfolk City. 
 
 W. H. Peters, Dr. James Parish, J. T. Borum. 
 Portsmouth. 
 
 Dr. R. Halstead. 
 
 Norfolk County. 
 
 COMMON COUNCIL. 
 
 Barton Myers, President. C. W. Grandy, Vice-President. 
 
 First Ward : J. Adelsdorf, J. Arnold Dalby, R. F. Lawler, Jas. 
 R. Guy, C. 0. Wrenn. 
 
232 OFFICERS OF THE CITY. 
 
 Second Ward: W. A. Graves, Jr., Geo. Tait, W. Y. Johnson, 
 M. T. Cooke. 
 
 Third Ward : C. A. Nash, D. Humphreys, W. R. Jar vis, Harry 
 
 Hodges. 
 
 Fourth Ward: J. E. Fuller, J. W. Grinnell, 0. H. Robinson, 
 
 D. W. Jones. 
 Clerk: John A. Moore, Assistant to the Treasurer. 
 
 SELECT COUNCIL. 
 
 W. II. Holmes, President. A. S. Martin, Vice President. 
 
 First Ward: W, F. Allen, W. A. Power, W. W. Webster. 
 Second Ward : George H. Newton, A. Deiches. 
 Third Ward: D. W. Jordan, C. L. Upshur. 
 Fourth Ward: Peter W. Wilson, W. E. Pettie. 
 
 Clerk : Boswell T. Camp, Messenger to the Councils. 
 
 The Mayors of Norfolk. 
 
 List of the mayors of Norfolk, from the date of the original 
 charter to the borough of 1885 : 
 
 The first mayor was Samuel Botish, appointed by the charter 
 of the borough under date of September 15th, 1736, in the 
 tenth year of the reign of King George II. Mayor Boush 
 died in less than two months after his appointment to the 
 office. George Newton, 1736. John Hutchins, 1737. Eobert 
 Tucker, 1738. John Taylor, 1739. Samuel Smith, 1740. 
 Josiah Smith, 1741. George Newton, 1742. John Hutching, 
 1743. John Taylor, 1744. John Phripp, 1774. Edward 
 Pugh, 1746. Thomas Newton, 1747. John Tucker, 1748. 
 Eobert Tucker, 1749. Durham Hall, 1750. Wilson Newton, 
 1751. Christopher Perkins, 1752. Josiah Smith, 1753. Geo. 
 Abyvon, 1754. John Hutchings, 1755. Richard Kelsick, 
 1755. Josiah Smith, 1756. John Phripp, 1757. John Tucker, 
 1758. Robert Tucker, 1759. Wilson Newton, 1760. Chris- 
 topher Perkins, 1761. Paul Loyall. 1762. Archibald Camp- 
 bell, 1763. Lewis Hansford, 1764. Maximillian Calvert, 1765. 
 James Taylor, 1766. Geo. Abyvon, 1767. Cornelius Calvert, 
 1768. Maximilian Calvert, 1769. Charles Thomas, 1770. 
 George Abyvon, 1771. Paul Loyall, 1772. Charles Thomas, 
 1773. George Abyvon, 1774. Paul Loyall, 1775 ; the records 
 do not show how long he served. James Taylor, 1778, whose 
 term expired in June. Cornelius Calvert, 1778. George 
 Abyvon, 1779. Thomas Newton, Jr., 1780. Paul Loyall, 
 1781. James Taylor, 1782. George Kelly, 1783. Robert 
 Taylor, 1784. Gary H. Hansford, 1785. Thomas Newton, 
 Jr., 1786. Benjamin Pollard, 1787. George Kelly, 1788; (he 
 was the last mayor that presided over the common council ; on 
 the 9th of August, 1788, the common council was presided 
 over for the first time by its first president, Richard E. Lee, Esq.; 
 a court of aldermen was then established and the mayor pre- 
 sided over it, and was thereafter elected by the aldermen.) 
 Robert Taylor, 1789. James Taylor, 1790. John Boush, 1791. 
 
THE MAYORS OF NORFOLK. 233 
 
 Gary Hansford, 1791. Thomas Newton, Jr., 1792. Robert 
 Taylor, 1793. Thomas Newton, Jr., 1794, served two months. 
 James Ramsey, 1794. Seth Foster, 1795. Samuel Moseley, 
 1796. George Loyall, 1797. Baylor Hill, 1798. John K. 
 Read, 1799. Seth Foster, 1800. John Cowper, 1801. Wm. 
 Vaughan, 1802. Thomas H. Parker, 1803. Miles King, 1804. 
 Luke Wheeler, 1805. Thomas H. Parker, 1806. Richard E. 
 Lee, 1807. John E. Holt, 1808. Miles King, 1809. William 
 B. Lamb, 1810. Miles King, Jr., 1811. William B. Lamb, 
 1812, Miles King, Jr., 1813. William B. Lamb, 1814. John 
 E. Holt, 1815. William B. Lamb, 1816. John E. Holt, 1817, 
 served four months, less one day, and resigned. James 
 Taylor, 1817, served one day and resigned. (The resignation of 
 Mayor Holt one day before his term expired, made him eligible 
 to the office for the succeeding term.) John E. Holt, 1817, 
 served one year, less one day. John Tabb, 1818, served one 
 day. John E. Holt, 1818, served one year, less one day. 
 Wright Southgage, 1819, served one day. John E. Holt, 1819. 
 Wright Southgate, 1820, served two days and resigned. John 
 E. Holt, 1820. George W. Camp, 1821, served three days and 
 resigned. John E. Holt, 1821. John Tabb, 1822, served four 
 days. John E. Holt, 1822. William B. Lamb, 1823, served a 
 few days and resigned. John E. Holt, 1823. William A. 
 Armistead, 1824, served a few days and resigned. John E. 
 Holt, 1824. John Tabb, 1825, served three days and resigned. 
 John E. Holt, 1825. Isaac Talbot, 1826, served five days. 
 John E. Holt, 1826. Daniel C. Barraud, 1826, served three 
 days. John E. Holt, 1827. George T. Kennon, 1828, served 
 four days. John E. Holt, 1828. Thomas Williamson, 1829, 
 served two days. John E. Holt, 1829. Giles B. Cook, 1830, 
 served ten days. John E. Holt, 1830. Wright Southgate, 
 1831, served ten days. John E. Holt, 1831. John B. Holt 
 (nineteenth term) ; no record of any intervening election ; he 
 died in office October 12th, 1832. Miles King, 1832 till 1843. 
 W. D. Delaney, 1843 till 1851. Simon S. Stubbs, 1851. 
 Hunter Woodis, 1853. Simon S. Stubbs, 1854. Hunter 
 Woodis, 1855 ; he died in office in the fall of same year, a 
 victim of the yellow fever. Ezra T. Summers, 1855. Finley 
 Ferguson, 1856. William W. Lamb, 1858, also in 1860 and 
 
 1862, and was serving as mayor when the United States 
 military authorities entered Norfolk. William H. Brooks, 
 
 1863. James L. Belote, 1864. Thomas C. Tabb, 1865. Wm. 
 W. Lamb, 1866. John R. Ludlow, 186668. Francis De- 
 Cordy, 1868-70. John B. Whitehead, 1870-72. John R 
 Ludlow, 1872-74. John B. Whitehead, 1874-76. John S. 
 Tucker, 1876 80. William Lamb, 1880-86. 
 
 30 
 
INDEX. 
 
 ALMS HOUSE 25 
 
 Keeper to obey committee 25 
 
 Committee, Overseers of the Poor, their 
 
 duties 25 
 
 Who shall be received and how 25 . 
 
 Penalty for bringing paupers into city. ?5 
 
 Accounts and returns by keeper 33-26 
 
 Health officer's duties at 2(5 
 
 How supplieg furnished to 2G 
 
 Keeper to sell hogs seized by police 80 
 
 See vagrants 124 
 
 See strays 102 
 
 Advertising 1 for city by contractors only. . . 26 
 
 Appropriations, 1885 47-121 
 
 Attorney for city 85 
 
 Auditor, duties 8P> 
 
 See finance and revenue 42 
 
 " Officers 82 
 
 " Weights and measures 154 
 
 Assessments for taxes and licenses. ..... 90 
 
 Awnings over sidewalks 108 
 
 Assessments, local, for benefits from 
 
 opening streets, etc 113 
 
 Assessment of real estate for taxation 
 
 City to adopt State assessment 20^ 
 
 Amendment of Laws 21g 
 
 BUILDINGS, PUBLIC 27 
 
 Who has control of 27 
 
 Meetings not to be held in without per- 
 mit 27 
 
 Committee on to arrange for elections. 128 
 
 Banks, license tax on 52 
 
 BONDS OF THE CITY 
 
 See finance and revenue 53 
 
 How executed 73 
 
 Authorizing issue of 52-6!) 
 
 See acts of assembly 207-208-213-217 
 
 Bonds, water. See water works 129-153 
 
 Bathing in river, not clothed (nuisances). 80 
 Begging on streets, " 80-121 
 
 Breach of the peace 80 
 
 Bricks, making, and burning shells 80 
 
 Buildings, dangerous, how removed 81 
 
 Buildings not to be erected on line of 
 Streets unless defined by engineer and 
 
 inspector . . 91 
 
 Builders and Contractors encroaching on 
 
 streets 107 
 
 Baltimore Steam Packet ompany lease 
 
 of Parker and Kelly streets 116 
 
 Ballot Boxes to be provided by Commit- 
 tee on Public Buldings 128 
 
 Bonds lost, how renewed 46 
 
 Bonds, notice of redemption of, how 
 
 given 217 
 
 Brooke. Judge D. Tucker, opinion on 
 town point leases and ends of streets. . . 223 
 
 CARTS, DRAYS AND WAGONS 
 
 License required to use 27 
 
 Certain country vehicles exempt 27 
 
 Double tax on non-residents 27 
 
 When licenses expire . . . 27 
 
 Letter H to be attached to cart with No. 28 
 
 Kates allowed for hauling 28 
 
 Person under 18 not to drive 28. 
 
 Transfer of license ............... ...... 28 
 
 Stands when not employed ...... ....... 28 
 
 CEMETERIES 
 Cedar Grove and Elm wood ..... ...... 29-32 
 
 Grounds set apart ......... ..... ...... 
 
 Unlawful to bury, elsewhere .......... 29 
 
 Superintendent to divide into lots 
 and keep record .................... 29 
 
 To take care of grounds and keep 
 same in order .................... 29 
 
 Record of interments ............... 29 
 
 Report to Health Officer .......... 29 
 
 Duties and assistance ............... 29-30 
 
 Salary and bond ..................... 31 
 
 No one but Supt. to dig graves . . : ____ 29 
 
 Disinterments in Summer prohibited . 30 
 Prices of graves and work in ceme- 
 teries ............................... 30 
 
 Singlegraves ......................... 31 
 
 Regulations and requirements of lot 
 owners ............. ..... ...... ..... 31 
 
 Treasurer to keep plan and sell lots. . 29 
 Visitors, how admitted ............... 32 
 
 Supt and employees special police- 
 men ............................... 32 
 
 Penalty for desecrating ............ 32 
 
 Calvary ............................ 32 
 
 Grounds set apart for colored citizens 32 
 To be laid off in lots and sold by 
 treasurer ........................... 32 
 
 Proceeds kept separate ............ 33 
 
 Regulations same as Cedar Grove and 
 Elm wood ........ .................... 33 
 
 Keeper, when elected ................ 33 
 
 Salary and bond ....................... 33 
 
 West Point .................. .......... : 
 
 Potters Field changed to .............. 33 
 
 Lots to be set apart .................. 33 
 
 Sale of lots in by treasurer ........ 33 
 
 Money kept separate ......... ..... 34 
 
 Superintendent, duties of ......... 34 
 
 Regulations same as Cedar Grove, etc. 34 
 Cisterns, Public ........................... 40 
 
 Carriages. See hacks, etc ............. 67 
 
 Contracts and conveyances, how exe- 
 cuted .................................. 73 
 
 Cows, two only to be kept on a lot. See 
 nuisances ............ ............. 82 
 
 Christ Church clock, custodian of ......... 86 
 
 Collector of Taxes and Levies ..... . . 87-88 
 
 Duty as to licensed carts, drays, etc. .27-3S 
 " hacks, etc ............ 67-68 
 
 See finance and revenue .......... 42-43 
 
 Commissions for Collecting ......... 52.123 
 
 Duties in collecting taxes ........... 122-123 
 
 Duty in sale of real estate for taxes. 102-103 
 To rent market stalls ................... 75 
 
 To collect bills for local assessments. . 113 
 See charter. 
 Constable- 
 Duty at fires .......................... 4:; 
 
 Fees in inquest ......................... 211 
 
 Chimneys. See fire department ......... 41 
 
 Contracts and Expenditures- 
 See finance and revenue ... 
 
 See acts 
 
 203-204 
 
INDEX. 
 
 235 
 
 Commissioner of the revenue 88-00 
 
 Duty as to licensing carts, drays, etc. .27-28 
 
 hacks, etc C7-G8 
 
 See officers. 
 Coroner- 
 Duty in rendering bills for fees 90 
 
 Fi-cis fixed by acts of assembly 211 
 
 Cellar . openings on streets 107 
 
 ( Chesapeake street 114 
 
 Clay street 114 
 
 City Hall avenue 114 
 
 Coals, weighingof 158 
 
 Councils to appoint annually Weigher at 
 
 Public Scales on Roanoke square 160 
 
 Also Weigher at Market Scales 78 
 
 Committee of councils 169 
 
 Clothi ng, sale of second-hand 71 
 
 Court- 
 Salary of Corporation Judge 233 
 
 '' Circuit Judge 210 
 
 Contracts with city officers, void 203-2)4 
 
 Cotton Exchange charter 206 
 
 Authority to appoint cotton weigh- 
 ers.... . 20G-2J7 
 
 Chain gang, how established and regu- 
 lated. Acts of assembly 209-211 
 
 Corporations, not to charge others for 
 amount of license tax imposed on them 2i7 
 
 Service of process on 219 
 
 Constitution, extracts from 219-222 
 
 Courts in cities 211) 
 
 Councilman not to hold other office in 
 
 cities 221 
 
 Council committees, duties of. See rules 
 
 of order 165-171 
 
 Dogs- 
 Tax on 34 
 
 Penalty for non-payment 34 
 
 Duties of collector 35 
 
 police 85 
 
 Killing dogs 35 
 
 Penalty for female going at large 35 
 
 Docks, Hoard of health may require to be 
 
 cleaned G9 
 
 Deeds, how executed for the city 73 
 
 Debt of the city. See bonds and water 
 
 works, finance and revenue 
 
 Drunkenness and disorderly conduct. 
 
 Nuisances .. 80 
 
 Dilapidated buildings, how removed. 
 
 Nuisances 81 
 
 Daubing or marking houses, walls, trees, 
 
 etc. Nuisances 81 
 
 Driving immoderately on streets. Nuis- 
 ances 82 
 
 Driving on sidewalks 11 
 
 Drains. See streets, sewers and drains. . 113 
 
 Delinquent lands, sale of 102 
 
 Redemption of 123 
 
 Debt of the City- 
 See finance and revenue 42 
 
 See also water works 129 
 
 Death Certificates 71 
 
 Engineer, city. See officers 91 
 
 Duty to fix and define lines of lots, etc. 36 
 
 See streets, sewers and drains 103- 120 
 
 Ends of streets, right to use of defined... 115 
 
 Elections 124-1^8 
 
 Council Committee on Public Buildings 
 
 to make all arrangements for 127-12S 
 
 Compensation of officers of 128 
 
 State officers in city, when chosen. . .221-232 
 Enacting and repealing ordinance 174 
 
 FENCES AND PARTY WALLS 35 
 
 How expense apportioned for 86 
 
 Building arid maintenance e 
 
 Refusal of one party to repair 36 
 
 Engineer and inspector to fix lines. ... 36 
 How lot owners to proceed in building 
 
 houses or walls 36 
 
 FINES AND PENALTIES 37 
 
 How prosecuted and collected 37 
 
 Moiety to informer, who may be wit- 
 ness 37 
 
 Imprisonment when not paid 37 
 
 On infants and married women . 37 
 
 Remission of by councils 37 
 
 FIRE DEPARTMENT 37 
 
 Commissioners, how and when ap- 
 pointed 37 
 
 Organization of board 37 
 
 Powers and duties of board 37 
 
 May appoint and remove employees, 
 
 make rules 37-38 
 
 Record to be kept 38 
 
 Chief engineer and assistants to be ap- 
 pointed by councils 37 
 
 Powers and duties of chief and assist- 
 ants 38-39 
 
 Pay of officers and men 38 
 
 Uniform not to be worn by others 39 
 
 Penalty for injuring property or ob- 
 structing department 39 
 
 Chief and assistants to have police pow- 
 ers at fires 40 
 
 Dangerous structures 40 
 
 Public cisterns 40 
 
 Fire Marshall, duties, etc 40 
 
 Regulations to prevent fires 41 
 
 Stoves, shavings, lights in stables 41 
 
 Lime, fire in vessels, chimneys 41 
 
 Fire-works, fire-arms, spark catchers 
 on chimneys of locomotives, Foun- 
 dries, etc 41 
 
 Smoking on cotton wharves or lots. . . 41 
 
 Duties of Constables at fires 42 
 
 Duty of Chief Engineer concerning 
 
 gunpowder , 163 
 
 Fish, sale of See markets 78 
 
 Females, dissolute, not to be employed in 
 
 concert halls, etc 81 
 
 Freemason Street Drain Ill 
 
 FINANCE AND REVENUE. (See Constitu- 
 tion 221) 42 
 
 Fiscal year 42 
 
 Financial estimates for taxation 42 
 
 How property assessed 42 
 
 Transient dealers, how assessed 42 
 
 Licenses to be issued in accordance 
 
 withStatelaws 43 
 
 Penalty for doing business without 
 
 license 43 
 
 Penalty for false assessment or refusal 
 
 of information to commissioner 00 
 
 Lessee may pay taxes on lease-hold 
 
 property 43 
 
 Returns of money collected by certain 
 officers to be made semi-monthly in 
 
 detail 43 
 
 Appropriations by councils, how and 
 
 when made , 43 
 
 Duties of Auditor, opening accounts 
 
 with departments 43 
 
 His reports to councils 44-45 
 
 Issuing warrants, form, etc 44-45 
 
 Stationery for clerk of court not to 
 
 be paid for by city 45 
 
 Officers salaries paid by warrant 
 
 monthly . . 45 
 
 Police to be paid semi monthly 45 
 
 Treasurer to pay interest and city 
 
 bonds and notes 45 
 
 Warrants lost, how renewed ...... 45 
 
 Bonds lost, how recovered 46 
 
 Sinking fund. See charter 46 
 
 Appropriations for 188^ 47 
 
 Special appropriations for 1885 121 
 
 License taxes. 1885 49 
 
 Taxes on property, 1885 IS 
 
 Redemption of delinquent lands IS 
 
 Sale of real estate for taxes 102 
 
 Tax on banks 52 
 
 Bonds of the city 53 
 
 $300,000, 8 per cents, 18UO 53-55 
 
236 
 
 INDEX. 
 
 $250,000, 8 per cents, 1892 ............. 53-54 
 
 Coupon 6 per cents in exchange for 
 Reg. Same repealed ............. 5G 
 
 Paving: bonds .......................... 57 
 
 $77,000, 6 per cents, 1898 ............. 59 
 
 $150,000, 6 per cents. 1893 ............... 60-61 
 
 $202,700, 6 per cents, 1900 ............ 02 
 
 $321,5-21, 5 per cents, 1911 ............... 63 
 
 $ 155,000, 5 per cents, 1912 ............... 64 
 
 $40,000, 1904 ............ 64 
 
 $30,000, 5 per cents, 1912 ............... 65 
 
 $333,000, 6 per cents, 1914 .............. 66 
 
 % Water bonds. See water works. 
 
 Duties of Treasurer ..................... 42-66 
 
 FAIR GROUNDS, old, councils may dis- 
 
 pose of ................................... 
 
 Gymnasium and Athletic Association, 
 
 target,firing allowed ................... 
 
 Grape hulls, fruits, etc., cast on side- 
 
 walks .............................. 
 
 Garbage and dirt, removal of .............. 
 
 Gauging and inspecting liquors ........ 161 
 
 Grain, measuring and Inspecting ..... 155 
 
 Grain elevators ....................... 
 
 Grain measurers ........................... 
 
 Standard weight of grains ............... 
 
 Gunpowder. See powder.. .., ............. 
 
 Gaslight Company, city, charter granting 
 '- use of streets .......................... 
 
 HACKS, CARRIAGES, &c ................. 
 
 License tax required ................... 
 
 When issued and expire ................. 
 
 Double tax on non-residents ....... .... 
 
 Letter H and number to be placed in 
 vehicle ............................... 
 
 Persons under 18 not to drive ... ...... 
 
 Stands when not employed ............. 
 
 20? 
 66 
 
 81 
 109 
 168 
 
 158 
 157 
 1 55 
 155 
 163 
 
 214 
 67 
 67 
 67 
 67 
 
 67 
 67 
 67 
 67 
 67 
 68 
 68 
 
 68 
 
 Kates which may be charged ........ . . 
 
 Rates to be posted in vehicle ........... 
 
 License may be transferred . . . , ....... 
 
 Penalty ................................... 
 
 Collector to give notice of expiration 
 of licenses .............. ............. 
 
 Conveying dead bodies in carriages pro- 
 hibited when death was from conta- 
 giousdisease .......................... 72 
 
 HEALTH OFFICER 
 
 Duties at alms house .................... 26 
 
 To furnish death certificates ............ 26 
 
 To publish return of deaths .... 29 
 
 To attend meetings of Board of health.. 68 
 To act as Physician to Alms IHouse 
 and also in certain cases as Quaran- 
 
 tine officer .......................... 68 
 
 To receive and publish return of deaths 72 
 
 Salary ......................... .......... 83 
 
 HOUSES, WOODEN 
 Not to be built without permission of 
 councils ................................ 72 
 
 To be connected with water works ..... 73 
 
 Plat of building and consent of adjoin- 
 lot owners to accompany petition to 
 councils ......... ..................... 73 
 
 House drainage and sewerage Regula- 
 tions ................................. 116-120 
 
 Hay weighing in bales or blocks . ........ 159 
 
 Harbor Commissioners and Harbor Mas- 
 ters .................................. 175-176 
 
 See Acts of Assembly ............... 177-186 
 
 HEALTH ........................ 68,69,70,71,72 
 
 Board of Health to be appointed by 
 
 councils ........... ............. . . 68 
 
 Organization ........................... 68 
 
 M eetings record ...................... 68 
 
 a Health Officer and Inspector to attend 
 
 meetings .............................. 68 
 
 Powers of Board to adopt and enforce 
 
 rules for preservation of health and 
 
 abatement of nuisances .............. 6g 
 
 Removal of night soil .................. 69 
 
 Sanitary Inspector ....................... 69 
 
 Inspections by Board .................... tJj 
 
 Cost of abating nuisances, how paid. . . 69 
 
 Board may enter private premises 69 
 
 May require docks to be cleaned out, 
 
 also 69 
 
 Cellars and sunken lots to be filled .... 70 
 
 Cost of filling, lien on lot 70 
 
 Who deemed owners of lots 70 
 
 Notice in case of absentees 70 
 
 Vaccination. Board may order general 70 
 
 Penalties 71, 72 
 
 Physician and householder to inform 
 
 board of infectious diseases 71 
 
 Second-hand clothing not to be brought 
 
 into the city for sale 71 
 
 Conveying dead body through city 71 
 
 Undertaker not to remove dead bodies 
 for interment without death certifi- 
 cate 71 
 
 What certificate shall state 71 
 
 Certificate to be returned to Health Offi- 
 cer and published 72 
 
 Conveying dead bodies in carriages ... 72 
 Mayor to order general sanitary inspec- 
 tion by police, quarterly. 72 
 
 Mayor to order nuisances abated 72 
 
 Holes in lots. Digging 80 
 
 Horses and mules. Sale on streets 81 
 
 Horses and mules. Standing on streets. . 82 
 
 Hawk street, name changed to St. Paul. . 115 
 
 INSPECTOR OF STREETS. See nuisances. 79-82 
 To report paupers coming into the city . 26 
 Duty in fixing lines of lots and walls. .36-91 
 May enter premises to examine into 
 
 nuisances 79 
 
 Duty as to hogs 80 
 
 See streets, sewers and drains 103-120 
 
 Sections 8 to 35. 
 
 INSTRUMENTS IN WRITING. How and by 
 
 whom executed for the city 73 
 
 Ill-fame houses of 81 
 
 Inspector of Plumbing 113 
 
 Inspectors, see weights and measures . . 154-163 
 
 Informer to receive half of fines 37 
 
 Janitor of City Hall 92 
 
 Judge of Corporation Court, salary 203 
 
 Councils may add to. 
 
 Judge of Circuit Court, salary 216 
 
 Councils may add to. 
 
 Keeper of Almshouse, duties of 25, 26 
 
 See nuisances 80 
 
 See strays 102 
 
 See city officers 82 
 
 Kelly street. Lease of end of 116 
 
 Kites. Flying of 82 
 
 LOTS Defining lines of 3G 
 
 Leaehe-Wood Seminary. Exempt from 
 
 taxation until Jan. 1, 1887 
 
 License taxes, 1885 49, 50, 51, 52 
 
 License taxes, duty of persons liable 
 
 for 89, 90 
 
 Lights 74 
 
 Council committee to supervise 74 
 
 What required of contractors 74 
 
 Duty of police 74 
 
 Penalty for injuring lamps 74 
 
 Lists, false, of property or subjects of 
 
 taxation f 
 
 Liquors. Sale of on Sunday 1 
 
 Locomotive engines on streets 109 
 
 Local assessments, for benefits for open- 
 ing streets, &c 11 
 
 Lien on property for local assessments. . . 11 
 
 Liquors. Guaging and inspecting 161 
 
 Leases of city property and ends of 
 
 streets 172-199-223 
 
 License tax on corporations not to be 
 charged to others 217 
 
 MARKETS. 
 Rents and revenues conveyed in trust 
 
 to secure city bonds 51 
 
 Market days and limits of market 74 
 
 Stalls for butchers, rented annually 75 
 
INDEX. 
 
 237 
 
 Councils to assess rent in December 75 
 
 Collector to rent stalls at auction 75 
 
 Duties of clerk of market- 
 Sec. 4. 5, 6; p. 75-79, 14, 20, 2o 
 Unsound articles for food not to be soid 
 
 anywhere 
 
 Market hours 7b 
 
 Tax on persons selling in market 76 
 
 Penalty 76,77 
 
 Live stock, how sold , 77 
 
 Blocks, c., to be kept within stalls .... 77 
 How provisions, &c., weighed and 
 
 measured 77 
 
 Oysters not to be sold from May 1st, to 
 
 Sept. 1st in market 77 
 
 Butchers, regulations as to 77, 78 
 
 Clerk.salary 78 
 
 To make semi-monthly returns in detail 79 
 
 Weigher at market scales 78 
 
 How and when appointed 78 
 
 Fees and duties 78 
 
 Sale of fish after market hours 78 
 
 Marking or daubing houses, walls, trees,' 
 
 etc 81 
 
 Malicious injury c 
 
 Mules and horses sale on streets 81 
 
 Mayor duties and fees 72, 84, 163 
 
 See Constitution 220 
 
 Mayor's clerk 85 
 
 Messenger to councils 
 
 Main, eaststreet balconies 107 
 
 Merchandise on sidewalks Ill 
 
 Measurers, Gangers, Inspectors and 
 
 Weighers, to make reports 162 
 
 Map of the city official 163 
 
 Misuse of public funds 212 
 
 Mayors of the city. List of since 1736. 
 
 See appendix. 
 
 Norfolk College for Young Ladies, ex- 
 empt from city taxes until Jan. 1, 1887. 42 
 
 Notes of the city, how executed 73 
 
 Nuisances. Penalty for committing 79-82 
 
 Night-soil, removal of 79 
 
 Names of streets. Changes in 114 
 
 Non-resident tax-payers. Rights in 
 
 schools 218 
 
 Oysters, sale of . See markets 77 
 
 OFFICERS, CITY 82-93 
 
 When elected by councils 82 
 
 Salaries 83 
 
 Bonds, official 83 
 
 Officers, city, not to deal in city secu- 
 rities 84 
 
 Official bonds Form of 84 
 
 Officers to serve until successors quali- 
 fied 83 
 
 Officers receiving city monies to make 
 
 semi-mon hly detailed returns 43 
 Officers prohibited from contracting 
 
 with city 203, 204 
 
 Officers misusing public funds punish- 
 able 212 
 
 Officers of United States not to hold 
 
 State or city office . Acts 215 
 
 Officers. Election of btate, in the 
 
 city 220,222 
 
 Officers, names of in 1885. See Appendix. 
 Officers, general duties. See . barter. 
 
 Obstructions on sidewalks Ill 
 
 Ordinances. Proving city 
 
 Acts of Assembly 214 
 
 Paving bonds 57 
 
 Paving assessments ... 113, 57-58 
 
 Pigeons, excluded from city 79 
 
 Posts, injury to 81 
 
 Prostitution and lewdness 81 
 
 Park fund, from tax on horse cars 98 
 
 Porches, posts, steps, &c., and pits 1<>7 
 
 Plumbing, inspector of 113 
 
 Plumbing, regulations adopted by Board 
 
 of Street, Sewer and Drain Com'rs 113 
 
 Plumbing regulations, adopted by Water 
 Board... 148 
 
 Potter's field, name changed to West 
 Point Cemetery 33 
 
 Parker street, closing of portion 116 
 
 Lease of same to Bait. Steam P'k't. Co. 116 
 
 Penalty, general, for violating ordinances 
 Concerning streets, sewers and drains. . 120 
 
 Precincts, registration, boundaries 125-127 
 
 POWDER 
 
 Officer, how appointed. See acts 212 
 
 Amount allowed to be kept and trans- 
 ported 163 
 
 How permits issued 163 
 
 Duty of Mayor and Chief Engineer of 
 
 Fire Department 116 
 
 Poor. See almshouse. 
 
 Port Warden's lines. See harbor.. .177-186 
 
 Pilot laws 187-193 
 
 Penalty for non-payment of taxes 213 
 
 Process, service of, on corporations . . 219 
 
 POLICE DEPARTMENT 93-96 
 
 Duties concerning dogs 35 
 
 Duties concerning paupers 26 
 
 To report to Mayor all nuisances 72 
 
 Duty as to lights 74 
 
 Duty as to pigeons 79 
 
 See nuisances 79-82 
 
 Commissioners, when appointed, and 
 term 93 
 
 POLICEMEN 
 
 Number authorized 94 
 
 Oath and warrant 94 
 
 Substitutes and additional force 95 
 
 Pay 95 
 
 How armed 95 
 
 When killed or wounded in duty 95 
 
 Uniform, not to be worn by others 96 
 
 Police, chief of, duties, and assistant 94 
 
 To obey lawful orders of Mayor .... 95 
 
 Private watchmen, how appointed and 
 
 qualified 
 
 To act as police 96 
 
 Police to arrest vagrants 124 
 
 Police, when paid 45 
 
 QUARANTINE. See acts of assembly . . . 193-198 
 RAILROADS 
 
 Raleigh and Gaston railroad stock, con- 
 veyed in trust to secure city bonds ... 54 
 Eailroad stocks, N. & P. and A., M. & O. 
 
 conveyed in trust to secure city bonds 54 
 Norfolk and Western, use of streets 96 
 Norfolk city railroad co., horse cars on 
 
 streets 97 
 
 Conditions of franchise 97 
 
 Tax on, to be applied to park fund 98 
 
 Charter of company 200 
 
 Norfolk and Brambleton railroad com- 
 pany, use of Queen street . 98 
 
 Norfolk and Ocean View railroad com- 
 pany, use of Henry street 99 
 
 Locomotive engines on streets 109 
 
 Locomotives to have spark-catchers .. 41 
 Railroads, not to obstruct street cross- 
 ings. See acts of assembly 216 
 
 Revenue, appropriations of for 1885 121 
 
 See finance and revenue 42-66 
 
 See taxes for 1885 122 
 
 See licenses for 1885 49 
 
 Redemption of delinquent lands IS 
 
 Registration precincts 125 
 
 Remission of fines . . c 
 
 Rules of order of councils 165-171 
 
 Reilly street extended, name changed to 
 
 Clay 114 
 
 Reports of measurers, inspectors, etc 163 
 
 Refuse matter and swill cast in streets 80 
 lledemptionof bonds, notice how given . . 217 
 Returns of officers, collections to be re- 
 ported i n detai 1 43 
 
 Real estate belonging to city 
 
238 
 
 INDEX. 
 
 Treasurer to have charge of 92 
 
 See Town Point lots. 
 
 See Fair grounds 202 
 
 Sinking Fund Commissioners- 
 See charter 18 
 
 Sinking fund 4*5-47 
 
 Swimming or bathing in city limits, in 
 
 river or branches 80 
 
 Stones and other missiles, throwing 80 
 
 Shells, burning 80 
 
 Swill and refuse matter in streets 80 
 
 Slings for throwing stones 81 
 
 Sidewalks, grape hulls, fruits, etc., on .... 81 
 
 Sabbath day*, work on, prohibited. 99 
 
 Sale of flsh and oysters during certain 
 
 hours excepted 100 
 
 Sale of liquors on Sunday prohibited. . . 100 
 
 Schools. See acts of assembly 203-218 
 
 See constitution 221 
 
 Boundaries of districts 100 
 
 Board to submit estimates in January. . 100 
 
 Superintendent's salary 100 
 
 Pupils not admitted unless vaccinated. 101 
 Pupils to have free books in certain 
 
 cases 101 
 
 Colored schools 101 
 
 Small scrip, issue of, repealed 101 
 
 Sparrows and other birds, unlawful to kill 
 
 or injure 101 
 
 Strays 102 
 
 Penalty on owners of 102 
 
 Duty of constables, police, and keeper 
 
 of almshouse, concerning animals 102 
 
 Sale of real es tate delinquent for taxes . . 102 
 See charter. 
 
 Saint Paul street, formerly Hawk 115 
 
 Seal of the city and of the mayoralty 120 
 
 Sealer of Weights and Measures 154 
 
 Penalty for using measures and weights 
 
 not sealed 154 
 
 Sealer's duties and fees 154 
 
 Stationery for Clerk of Court not to be 
 
 paid for by city 45 
 
 Squibs and fire crackers. See Fire Dept. 41 
 
 Smoking on cotton wharves 41 
 
 Salaries. See officers. 
 Slaughter houses, not to be erected with- 
 in one mile of city 208 
 
 STREETS, SEWERS AND DRAINS 103-120 
 
 Board, when appointed, term, salary. 103-1 04 
 
 Bonds, duties, powers, etc 
 
 Board to expend all appropriations for 
 
 streets, etc 104 
 
 Council committee on streets 104 
 
 Street cleaning 104 
 
 Street Inspector's duties. Sec. 8, 9. 15, 
 
 21, 22, 2r, 30, 35 104-113 
 
 Encroachments on streets . . .*. 104-107 
 
 Opening streets, etc 105 
 
 Condemnation of lands for same 105 
 
 Breaking up streets, for sewers, gas, 
 
 water, railroads, etc 105 
 
 Sewers, defective, under highway 106 
 
 Streets not to be improved unless laid 
 
 out and accepted by councils 106 
 
 Taking up earth from streets 106 
 
 Planting trees in streets 107 
 
 Porches, posts, fences, etc., on streets. . 107 
 
 Balconies on East Main street 107 
 
 Cellar openings, awnings, vaults, etc ... 107 
 
 Snow on streets 108 
 
 Locomotive engines 109 
 
 Garbage and dirt, removal of 109 
 
 Sewerage, Waring system of 110 
 
 All new privies to be connected on 
 
 line of Ill 
 
 Sewer from Freemason to City Hall av. Ill 
 Sidewalks how constructed and rep'r'd 111 
 
 Pavement of roadway and curb 112 
 
 Drains, obstruction of 113 
 
 Plumbing, Inspector of 113 
 
 Plumbing regulations 116-130 
 
 Local assessments for opening streets . U3 
 Names of streets changed 114-115 
 
 Ends of streets, use of defined 115 
 
 See acts of assembly 199 
 
 Judge Brooke's opinion on same ap- 
 pendix.. 323 
 
 TREASURER OF THE CITY 92 
 
 To sell lots in cemeteries and keep re- 
 cord 29, 30, 82, 33 
 
 To keep record of bonds, notes, etc. . . 74 
 Duty as to Collector of Taxes, accounts 
 
 of collector 88 
 
 Duty as to books of assessment for 
 
 taxes 89 
 
 Clerk of Common Council 92 
 
 In charge of city real estate, records, 
 
 books, etc 92 
 
 Office hours 93 
 
 Assistant 93 
 
 To keep school fund separate 100 
 
 To pay State taxes on delinquent real 
 
 estate 103 
 
 To keep record of local assessments ... 113 
 See finance and revenue 42 
 
 TOWN POINT LOTS conveyed in trust to 
 
 secure bonds of the city 53 
 
 Leases of Town Point lots 172 
 
 Opinion of Judge Brooke on same . . 223 
 
 Throwing stones, etc 80 
 
 Trees, injury to, and planting. .' 81-106 
 
 Tax-payers duty of, to make statement 
 to Commissioner of Revenue 90 
 
 Taxes, delinquent, real estate 102 
 
 When to be sold 103 
 
 Tdxes, on property, persons and income, 
 1885 .122 
 
 Transfer and redemption of delinquent 
 lands 123 
 
 Taxes, penalty for non-payment 213 
 
 Taxation and finance- 
 See constitution . . 221 
 
 Undertaker, not to remove a dead body 
 for interment until furnished with 
 death certificate, to be returned by 
 him to Health Officer 71-72 
 
 United States officers, not to hold State 
 or city office 215 
 
 Vaults in Cemeteries 30 
 
 Vaults, pits, etc., in streets 108 
 
 Vaccination. See health. 
 
 Pupils in public schools 101 
 
 General, may be ordered by Board of 
 
 Health 70 
 
 See act of assembly 213 
 
 Vagrants, who declared to be 124 
 
 Police to arrest 142 
 
 Voting places 127 
 
 Vice-President of Councils, when to act 
 asPresident 73-74,83 
 
 Weigher at market scales . See markets.. 78 
 
 Water closets in houses 80 
 
 Waring system of sewerage 110 
 
 All new houses on line of to be con- 
 nected with 
 
 Wheelbarrows on sidewalks Ill 
 
 Wards, boundaries of 124 
 
 Wharves, at ends of streets 128 
 
 Digging holes near, prohibited 128 
 
 Water works, Norfolk city 129-153 
 
 Act of assembly 129 
 
 See appendix 201-202 
 
 Ordinances authorizing construction 
 
 and issue of bonds 131-140 
 
 Special water tax 122,131, 140 
 
 Registration of water bonds 141 
 
 Regulation and protection of water 
 
 works 143 
 
 Rules and regulations of water board. . 141 
 
 Rates charged for use of water 146 
 
 Plumbing regulations of water board. . 148 
 Water bonds, five per cent., for new 
 
 main 151-152 
 
 Water bonds for connecting Lake Brad- 
 ford 153 
 
 Weights and measures 154-163 
 
INDEX TO CITY CHARTER. 
 
 239 
 
 state law as to standard weights, etc. , 305 
 
 Wood for fuel> measuring 160 
 
 Weigher at scales on lloanoke Square 160 
 Weigher at market scales. See markets. 78 
 Warrants of Auditor. See finance and 
 
 revenue i ...44-45 
 
 Washington st., portion of, name changed 
 
 to Wolfe 114 
 
 Wolfe street 114 
 
 Workhouse, authorized by act of assem- 
 bly 209 
 
 Index to City Charter. 
 
 BOUNDAKIKS OF CITY, ETC. 
 
 Boundaries of city 
 
 Corporate rights, duties, etc 
 
 Administration and government 
 
 Number of wards 
 
 Elections ... 
 
 How vacancies in office supplied 
 
 Oaths of office and bonds 
 
 MAYOR 
 
 His election, term of office, salary, 
 powers, duties, etc 
 
 Vacancy in his office, how supplied. . . 
 
 How removed 
 
 COUNCILS 
 
 Number of councilmen to be elected, 
 their term of office, organization and 
 division into two branches, select 
 and common councils 
 
 Their power of appointment of offi- 
 cers 
 
 Organization of select and common 
 councils 
 
 Rules and regulations of councils. . . . 
 
 Transaction of business, appropria- 
 tions, etc 
 
 GENERAL POWERS OF COUNCILS 
 
 To establish and maintain markets. . . 
 
 Work houses, poor houses 
 
 Public buildings, parks, etc 
 
 City prison 
 
 Water works, gas works, wharves, etc. 
 
 In the pavement and improvement of 
 streets, etc 
 
 Powers in regard to railways, wagons, 
 etc 
 
 Powers in regard to inspection, mea- 
 surement, etc 
 
 Provision and maintenance of public 
 schools, board of health, etc 
 
 Provision in reference to cemeteries, 
 quarantine regulations, etc 
 
 Abatement of nuisances, etc 
 
 Storing of gunpowder and other com- 
 bustible material, etc 
 
 To prevent hogs, dogs and other ani- 
 mals from running at large 
 
 Hiding and driving at improper speed 
 
 Flying kites, throwing stones, etc 
 
 Abuse of animals 
 
 To restrain and punish drunkards and 
 beggars 
 
 To restrain and punish vice, disorder 
 and indecency 
 
 To prevent vagrants, etc., from com- 
 ing into the city 
 
 Imposition of fines and penalties, etc. 
 
 Ordinances imposing fines to be pub- 
 lished 
 
 Restriction upon the power of coun- 
 cils in use of private property 
 
 To prevent encroachments on streets, 
 etc 
 
 Use of streets, etc., for five years, to 
 confer rights on city to same 
 
 Assessments for opening streets and 
 making other public improvements, 
 how councils to proceed 
 
 Authority of councils in making such 
 improvements, and directions as to 
 what is required before any such 
 improvements are voted 
 
 Ordinances, how passed 6 
 
 Disagreements between two branches 6 
 
 Salaries and compensation of officers 
 of the city 13 
 
 Books and papers belonging to city to 
 be delivered by officer, removed or 
 
 retiring, to Treasurer 13 
 
 CITY OFFICERS 
 
 Their election and appointment 12 
 
 Duties, compensation and bonds of 
 officers of city, how far defined and 
 prescribed by councils 13 
 
 Liability of parties on official bonds . . 14 
 
 City Treasurer, his election, term of 
 office, official bond, duties, etc 14 
 
 Collector of City Taxes, his election, 
 term of office, official bond, duties, 
 etc 14 
 
 Commissioner of the Revenue, his 
 election, term of office, official bond, 
 
 duties, etc 14 
 
 FINANCES 
 
 Authority of councils to contract 
 loans and issue bonds, etc., in name 
 of city 15 
 
 How such authority restricted 15 
 
 Power of councils to raise money for 
 expenses of city, by taxation, etc ... 15 
 
 What personal and real estate liable 
 for taxes, etc 16 
 
 Provision for sale of real estate for 
 
 taxes, etc 16-18 
 
 POLICE DEPARTMENT 
 
 Organization of board of police com- 
 missioners 19 
 
 Powers of said board to adopt regula- 
 tions, etc 19 
 
 For government of police force 19 
 
 Appointment of policemen, etc., by 
 board.... . . 19 
 
 Appointment of chief of police, etc.. 
 by board, subject to approval by 
 council* - 20 
 
 Mayor's power to suspend any mem- 
 ber of police force 20 
 
 Salary, etc., of police force to be 
 regulated by councils 20 
 
 Chief of police and policemen to re- 
 ceive warrants cf appointment 21 
 
 Powers of police 21 
 
 Uniform. -. ... 21 
 
 FIRE DEPARTMENT 
 
 To be organized and maintained by 
 the councils 21 
 
 Powers of fire department 21 
 
 Provision concerning building of 
 houses of wood 21 
 
 When buildings may be destroyed to 
 prevent spread of flre, how dama- 
 ges assessed in such case... . 22 
 
 Appeal allowed from such assessment 22 
 
 JUSTICES OF THE PEACE, elected by 
 
 councils -... 13 
 
 High Constable, how elected, and 
 
 duties 13 
 
 Mayor's Clerk, how elected and duties 15 
 
 Sinking Fund Commissioners 18 
 
 Water Department. . . * 23 
 
 School Trustees 23 
 
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