CHARTERS AND ORDIN a.: OF THE CITY OF RICHMOND, WITH THE DECLARATION OF RIGHTS, AND CONSTITUTION OF VIRGINIA. PUBLISHED BY AUTHORITY OF THE RICHMOND: ELLYSON'S STEAM PRESSES, 147 MAIN STREET. 1859. CONTENT S PAGEo VIRGINIA BILL OF RIGHTS, O O ix CONSTITUTION OF VIRGINIA, X. iii CHARTER OF THE CITY OF RICHMOND9. 1 CHARTER OF 1842, 20 TITLE 1.-GOVERNMENT. 1. CHARTER ELECTIONS, O 47 2. OATHS, AND PAY OF RECORDER AND ALDERMEN, o O, 48 3. RULES FOR REGULATING PROCEEDINGS OF COUNCIL, o 49 4. MESSENGER OF THE COUNCIL, 0. 53 5. CHAMIBERLAIN AND AUDITOR O 51 TITLE 2.-REVENUE. 1. RECEIVING AND DISBURSING BONEY,... 56 2, ASSESSOR OF CITY TAXES, HIS POWERS AND DUTIES, o 62 3. ASSESSED TAXES, O O O O 74 4. COLLECTION OF ASSESSED TAXES,.. 79 5. SALE OF LAND FOR TAXES,.. o 86 6. INSURANCE OFFICES,.. 92 7. LICENSES GRANTED BY THE MAYOR,... 93 TITLE 3. —CITY DEBT. 1. DEBT OF THE CITY OF RICOHMOND). o. 96 2. SINKING FUND,.. O 98 iv CONTENTS. TITLE 4.-CITY PROPERTY. PAGE. 1. STOCK IN JOINT STOCK COMPANIES,.. 100 2. GROUNDS AND PUBLIC BUILDINGS,.. 101 3. OARWOOD CEMETERY, )..... 103 4. THE GAS WORKS,.... 107 6. THE MARKETS,.. 123 6. THE WATER WORKS,. o. 132 TITLE 5. —HEALTtH 1. HEALTH AND CITY HOSPITAL,. O 145 2. BOARD OF ~HEALTHE, o o. o.. o 147 TITLE 6.-POLICE. 1. THE POLICE.... 149 2. THE FIRE BRIGADE,...... 156 3. STREETS,.. 161 4. WAGONS, DRAYS, CARTS AND HACKS,... 184 5. SALE OF WOOD,.) 192 6. NEGROES,...... 193 7, SLAVES HIRED IN THE CITY. 200 8. QUARANTINE, O. 201 9. PORTWARDENS AND STEAHBOATS) O O O 206 10. POWDER MA GAZINE,.O O 209 11. MEASURER OF GRAIN,... 212 12. WEIGHING LONG FORAGE).... 214 13. PRISONERS IN CITY JAIL,.. 218 TITLE 7. —NUISANCES. 1. ANIMALS,.. o. o o e o 220 2. NUISANCES NOT IN STREETS 224 TITLE 8.-THE POOR. 1. THE POORt,.. o. o 230 2. BEGGARS, O o. 231 TITLE 9,-ED UCATION. 1. OF INDIGENT CHILDREN,... a o. 232 CONTENTS. V TITLE 10.-OFFICERS. PAGE. 1. ATTORNEY, CLERK AND SERGEANT, O.. O. 238 2. THE CORONER,... 239 3. THE GUAGER, o o o o 241 4. THE SURVEYOR,.. 243 TITLE 11.-PISTOL GALLERY. 1. PISTOL GALLtERIES, o. o. 244 TITLE 12.-THE MILITARY. 1. TEE VOLUNTEER REGIMENT,. O 245 TITLE 13.-MISDEMEANORS. 1. TRESPASSES AND INJURIES TO PROPERTY,.... 246 2. TIPPLING HOUSES, O O O..... 247 TITLE 14.-STATUTE. 1. ENACTING AND REPEALING ORDINANCE,.O O 248 APPENDIX, 1. ASSESSOR'S COMPENSATION,9.... o 249 2. TAX ON INSURANCE AGENCIES,. o. 250 ORDINANCES IN ALPHABETICAL ORDER. PAGEo ANIMIALS, o O O O 220 ASSESSOR'S POWERS AND DUTIES, 62 ASSESSOR'S COMIPENSATION, 249 ATTORNEY, CLERK AND SERCTGEANT.. 238 BEGGARS, o o e e 231 BOARD OF HEALTH O O O 147 CH AMBERLAIN AND AUDITOR,... 54 CHARTERt, O 1 CHARTER OF 18429 o o o 20 CHARTER ELECTIONS, O O O 47 COLLECTION OF ASSESSED TAXES, OI 79 CORONER), O 239 DEBT OF THE CITY1 O. 96 EDUCATION OF INDIGENT CHILDREN1 O 232 ENACTING AND REPEALING STATUTE, O. O 248 FIRE BRIGADE o o o. 156 GAS WORxs,... 107 GiAUGER, o o. 241 GaOUNDS AND PUBLIC BUILDINGS, o o 101 HEALTH AND CITY HOSPITAL. 145 LICENSES GRANTED BY AIAYOR~ O O O 93 AIARK ETS,... O 123 i EASURER OF GRAIN,. O. 212 MIESSENGER OF THE COUNCIL, O O 53 NEGROE S,.... 193 NUISANCES NOT IN.STREETS1 O O 224 OAKWOOD CE3IETERY, o 103 OATHS AND PAY OF RECORDER AND ALDERMIEN,... 48 PISTOL GALLERIES 244 ORDINANCES IN ALPHABETICAL ORDER. vii PAGE, POLICE, O 149 POOR, o o o o o 230 PORTWARDENS AND STEAMBOATS, O 206 POWDER MAGAZINE, o O O 209 PRISONERS IN CITY JAIL, O O 218 QUARANTINE, o o o o o 201 RECEIVING AND DISBURSING MIONEY, O O 56 RULES FOR REGULATING PROCEEDINGS IN COUNCIL o o 49 SALE OF LAND FOR TAXES, O h 86 SALE OF WOOD, 192 SINKING FUND, 98 SLAVES HIRED IN THE CITY, O 200 STOCK IN JOINT STOCK COMPANIES, 1 o o 100 STREETS, O 161 SURVEYOR,. o o 243 TAXES, ASSESSED, O o O74 TAX ON INSURANCE OFFICES, O O O 92 TAX ON INSURANCE AGENCIES o o o o o 250 TIPPLING, o o o o o o 247 TRESPASSES AND INJURIES TO PROPERTY, o o 246 VOLUNTEER REGIMENT, O 245 WAGONS, DRAYS, CARTS AND HACKS,. O 184 WATER WORKS, 1o o o o 32 WREIGEHING LONG FORAGE, )D o 214 -fERRATA. Page 133, ~ 2, line 5, strike out "second" before "auditor," and insert it before " clerk." Page 154, ~ 13, line 2, for " suc" read "'such." Page 176, ~ 31, line 14, for " eock" read " dock." VIRGINIA BILL OF RIGHTS. [ Passed June 12, 1776.] Adopted without Alteration by the Convention of 1829-'30, and re-adopted with amendments by the Conventiosn of 1850-'51. A DECLARATION OF RIGHTS MADE BY THE REPRESENTATIVES OF THE GOOD PEOPLE OF VIRGINIA, ASSE]MBLED IN FULL AND FREE CONVENTION, WiHICH RIGHTS DO PERTAIN TO THEM AND THEIR POSTERITY AS THE BASIS AND FOUNDATION OF GOVERNIMENT. 1. Natural rights of men. 9. Excessive bail, fines or cruel punish2. Power vested in and derived from the ments, improper. people. 10. General warrants condemned. 3. Government for common benefit of 11. Trial by jury to be held sacred. the people; right of majority to al- 12. Freedom of the press to be maintainter it. ed. 4. No exclusive privileges except for 13. A militia, proper defence of free services; not descendible. State; standing armies condemned; 5. Power of government to be distinct; military subject to the civil power. frequent elections. 14. People entitled to uniform govern6. Elections to be free; all having a ment; no separate government to be common, permanent interest to vote. allowed. 7. Laws not to be suspended, without 15. The foundation of free government~ consent of representatives of people. 16. Freedom of conscience~ 8. In criminal prosecutions, rights of person charged. 1. That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety. 2. That all power is vested in, and consequently derived from the people; that magistrates are their trustees and servants, and at all timfles amenable to them. B :X VIRGINIA BILL OF RIGHTS. 3. That government is, or ought to be instituted for the common benefit, protection and security of the people, nation or community; of all the various modes and forms of government, that is best which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of maladministration; and that when any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, unalienable and indefeasible right to efi'rm, alter or abolish it, in such manner as shall bejudged most conducive to the public weal. 4. That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services, which, not being descendible, neither ought the offices of magistrate, legislator or judge to be hereditary. 5. That the legislative, executive and judicial powers should be separate and distinct; and that the membeirs thereof may be restrained from oppression, by feeling and participating the burthens of the people, they should, at fxed periods, be reduced to a private station, return into that body from which they were originally taken, and the vacancies be supplied by frequent, certain and regular elections, in which all, or any part of the former members to be again eligible or ineligible, as the laws shall direct. 6. That all elections ought to be free, and that all men having sufficient evidence of permanent common interest with, and attachment to the community, have the right of suffrage, and cannot be taxed or deprived of their property for public uses, without their own consent, or that of their representatives so elected, nor bound by any law to which they have not, in like manner, assented, for the public good. 7. That all power of' suspending laws, or the execution of laws, by any authority, without consent of the representatives of the people, is injurious to their rights, and ought not to be exercised. VIRGINIA BILL OF RIGHTSo xi 8. That, in all capital or criminal prosecutions, a man hath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence in his favor, and to a speedy trial by an impartial jury of twelve men of his vicinage, without whose unanimous consent he cannot be found guilty; nor can he be compelled to give evidence against himself; that no man be deprived of his liberty, except by the law of the land or the judgment of his peers. 9. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. 10. That general warrants, whereby an officer or messenger may be commanded to search suspected places without evidence of a fact committed, or to seize any person or persons not named, or whose offence is not particularly described and supported by evidence, are grievous and oppressive, and ought not to be granted. 11. That, in controversies respecting property, and in suits between man and man, the ancient trial by jury of twelve men is preferable to any other, and ought to be held sacred. 12. That the freedom of the press is one of the great bulwarks of liberty, and can never be restrained but by despotic governments. 13. That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural and safe defence of a free state; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to and governed by the civil power. 14. That the people have a right to uniform government; and therefore, that no government separate from, or independent of the government of Virginia, ought to be erected or established within the limits thereof. 15. That no free government, or the blessing of liberty, Xll VIRGINIA BILL OF RIGHTS. can be preserved to any people, but by a firm adherence to justice, moderation, temperance, frugality and virtue, and by a frequent recurrence to fundamental principles. 16. That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason. and conviction, not by force or violence; and therefore, all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to practice Christian forbearance, love and charity towards each other. CONSTITUTION OF YIRGINIA. ARTICLE 1, 9, Speaker of House; President of Force of Bill of Rights. Senate; Officers; rules; writs of election, by whom issued; Houses to ARTICLE IIo judge of elections, &c.; members Division of powers between depart- punished. ments. 10. Pay of members; ineligible to office ARTICLE III. in certain cases. 11. Bills, &c.; where may originate, I. Right of suffrage. and hon disposed of. 2. Cities and towns to be laid off into 12. Journal yeas and nays, how re12. Journal; yeas and nays, how rewards. Places for election. Citi- corded. How bills to beread. zens to vote in their wards. 13. Representation in Congress; how 3. Exemption of' voters during election. apportioned. 4. Hlow votes to be given. 14. Congressional districts; how formed. ARTICLE IV. 15. Habeas Corpus not to be suspended. LEGISLATIVE DEPART~M~ENT. Legislative power restrained in certain cases. Freedom of speech and 1. Legislature; how composed. 1. Lgslatr howegates com chos of the press. Religious liberty. 2. House of Delegates; how chosen. 16 Laws; how to be framed. Number to each county, city, &c. 3. Senate; how elected. 17. Disqualification for dueling. 3. Senate; how elected. Returning. < officer when and eretu. 18. Impeachments; how prosecuted. officers; when and where to meet. Extent of judgment. Senate may Senate classified. Term of service of judgment. Senate may sit during recess. 4. Senatorial districts. 4. Senatortionmenoal dirstric estts.n19. How emancipated slaves forfeit their 5. Apportionment of representation; how submitted to the vote of the freedon. 20. Restrictions on emancipation. Re~~~~~people. ~moval of free negroes. 6. How long polls to be kept open; 21. Legislature not to emancipate when and how certified; Governor 21 Legislature not to emancipate. when and how certified; Governor 22. Taxation to be uniform and ad valoto communicate result to Legislature; rein. when again referred to people; re- 23. Taxation of slaves. Property; how apportionment, according to vote of exempt from tax. people. 24. Capitation tax; what part applied 7, Qualification of Senators; of dele- to schools; exemption for infirmity. gates; disqualification; removal to 25. Tax on incomes, salaries and licenses. vacate office. 8. Legislature; how often to meet. 26. How money drawn from treasury. Sessions, how long. Adjournment, Financial statement to be published. how long and where. Quorum. 27. Onwhat actsyeas and nays required; How attendance enforced. majority of all requisite. X V CONSTITUTION OF VIRGINIA. 28. Debts to State by corporations not 15. Leg'islature to provide for election, to be released, State faith not to be compensation and organization of pledged for corporations, board. Board, when to meet. 29. Sinking fund. 16. Officers on public works; howr ap30. How State stock may be sold. pointed. Duties of board. 31. Loans; how redeemable. 17. How removed firom office. 32. Charter to churches prohibited. 18. Board, how abolished. Church property secured. 19. Appointment of militia officers. 33. Lotteries prohibited. 34. New counties; how formed. Voters ARTICLE VI. in election districts; where to vote. JUnIChiA DEPARTMENT. 35. Power over divorces. Names and 1. Judiciary; of what courts composed. sale of property. 2. Judicial divisions. Circuits. 36. Registration of voters, and of births, 3. Districts. marriages and deaths. 4. Sections. 37. State census. Returns thereof. 5. Re-arrangement of judicial divisions; 38. Provisions relative to elections, and how made. vacancies in office. 6. Judges of circuit courts; how elected; ARTICLE V. their term, age and residence. 7. Circuit courts; when held. I EXECUTIVE DEPART TMIENT. 8. District courts; when held, and by 1. Governor; his term. Eligibility to whom. office. 9. Their jurisdiction. 2. How elected, Returns of election of 10. Court of appeals; how elected; term Governor; how disposed of. Votes; of office, age and residence. when and how counted. Election; 11. Court; how constituted. Its jurishow decided. Contested election. diction. 3. Who eligible to the office of Gov- 12. Special court of appeal; how conernor. stituted. Its powers and duties. 4. Where to reside. His pay. 13. Reasons of decisions of court of ap5. His duties and powers. peals to be recorded. 6. May require information from Exec- 14. Judges; how commissioned; their utive officers, and opinions from At- salaries; mileage. torney Goeneral. 15. Judges not to hold other offices. 7. Commissions and grants to be in 16. Election of judges; when not to be name of Commonwealth. How at- held. tested. 17. Judges; how removed from office. 8. Lieutenant Governor; how elected; Notice to he given. his term and qualification. 18. Officers of courts; how appointed. 9. When to act as Governor. Who to Their duties, pay and tenure. discharge executive functions. 19. Clerk of circuit court; how elected; 10. President of Senate; his compen- term of office. Attorneys; how sation. elected; their term. Duties and 11. Secretary, treasurer, and auditor; pay; how removed. how elected; their terms. 20. Vacancy in office of clerk; how 12. Record of Governor's acts; how filled. kept; when laid before legislature. 21. Pay of jurors. Duties of secretary. 22. Attorney General; how elected; his 13. Powers and duties of treasurer and term; how commissioned; his duties auditor. and pay; how removed. 14. Board of public works; how elected; 23. Judges and officers to remain such term of office. until successors qualified. CONSTITUTION OF VIRGINIAo X 24. Writs; how attested. Conclusion 30. County officers; how elected; their of indictments. terim. 25. County courts; how constituted, and 31. Officers; where to reside; eligibility when held. of sheriffs. 26, Their jurisdiction. 32. County officers subject to indictment. 27. Districts for election of justices; 33. Jurisdiction of county courts and how elected and commissioned; their magistrates. termi. 34. Corporation officers; how elected or 28. Pay of justices. appointed. 29. Powers and jurisdiction. NHEIREAS, the delegates and representatives of the good people of Virginia, in Convention assembled, on the twentyninth day of June, in the year of our Lord, one thousand seven hundred and seventy-six; reciting and declaring, that whereas, George the Third, king of Great Britain and Ireland, and elector of Hanover, before that time entrusted with the exercise of the kingly office in the government of Virginia, had endeavored to pervert the same into a detestable and insupportable tyranny, by putting his negative on laws the most wholesome and necessary for the public good; by denying his governors permission to pass laws of immediate and pressing importance, unless suspended in their operation for his assent, and when so suspended, neglecting to attend to them for many years; by refusing to pass certain other laws, unless the persons to be benefitted by them would relinquish the inestimable right of representation in the legislature; by dissolving legislative assemblies repeatedly and continually, for opposing with manly firmness his invasions of the rights of the people; when dissolved, by refusing to call others for a long space of time, thereby leaving the political system without any legislative head; by endeavoring to prevent the population of our country, and for that purpose obstructing the laws for the naturalization of foreigners; by keeping among us, in time of peace, standing armies and ships of' war; by affecting to render the military independent of and superior to the civil power; by combining with others to subject us to a foreign jurisdiction, giving his assent to their pretended acts of legislation, X 1i CONSTITUTION OF VIRGINIA. for quartering large bodies of armed troops among us, for cutting off our trade with all parts of the world, for imposing taxes on us without our consent, for depriving us of the benefits of the trial by jury, for transporting us beyond seas to be tried for pretended offences, for suspending our own legislatures and declaring themselves invested with power to legislate for us in all cases whatsoever; by plundering our seas, ravaging our coasts, burning our towns, and destroying the lives of our people; by inciting insurrections of our fellow subjects with the allurements of forfeiture and confiscation.: by prompting our negroes to rise in arms among us, those very negroes, whom by an inhuman use of his negative he had refused us permission to exclude by law by endeavoring to bring on the inhabitants of our frontiers the merciless Indian savages, whose known rule of warfare is an lndistinguished destruction of all ages, sexes and conditions of existence; by transporting hither a large army of foreign mercenaries, to complete the work of death, desolation and tyranny, then already begun, with circumstances of cruelty and perfidy unworthy the head of a civilized nation; by answering our repeated petitions for redress with a repetition of injuries; and finally, by abandoning the helm of government, and declaring us out of his allegiance and protection; by which several acts of misrule, the goverment of this country as before exercised under the crown of Great Britain, was totally dissolved: did, therefore, having maturely considered the premises, and viewing with great concern the deplorable condition to which this once happy country would be reduced, unless some regular adequate mode of civil polity should be speelily adopted, and in compliance with the recommendation of the general Congress, ordain and declare a form of government of Virginia: And whereas, a Convention held on the first Monday in October5 in the year one thousand eight hundred and twentynine, did propose to the people of the Commronwealth an CONSTITUTION OF VIRGINIA. XVil amended Constitution or Form of Government, which was ratified by them. And whereas, the General Assembly of Virginia, by an act passed on the fourth of' March, in the year one thous mnd eight hundred and fifty, did provide for the election, by the people, of' delegates to meet in general Convention to consider, discuss and propose a new Constitution or alterations and amendments to the existing Constitution of this Commonwealth; and by an act, passed on the thirteenth of MRarch, in the year one thousand eight hundred and fifty-one, did further provide for submitting the same to the people for ratification or rejection: We, therefore, the delegates of the good people of Virginia, elected and in Convention assembled, in pursuance of' said acts, do propose to the people the following Constitution and Form of' Government for this Commonwealth: ARTICLE I. BILL OF RIGHITS. The Declaration of Rights, as amended and prefixed to this Constitution, shall have the same relation thereto as it had to the former Constitution. ARTICLE II. DIVISION OF POWERS. The Legislative, Executive and Judiciary Departments shall be separate and distinct, so that neither exercise the powers properly belonging to either of the others; nor shall any person exercise the powers of more than one of them at the same time, except, that justices of the peace shall be eligible to either House of Assembly. ARTICLE III. QUALIFICATION OF VOTERS. 1. Every white male citizen of the Commonwealth, of the c ~Xviii CONSTITUTION OF VIRGINIA. age of twenty-one years, who has been a resident of the State for two years, and of the county, city or town where he offers to vote for twelve months next preceding an election, and no other person shall be qualifed to vote for members of the General Assembly and all officers elective by the people: but no person in the military, naval or marine service of the United States, shall be deemed a resident of this State, by reason of being stationed therein. And no person shall have the right to vote, who is of unsound mind, or a pauper, or a non-commissioned officer, soldier, seaman or marine in the service of the United States, or who has been convicted of bribery in an election, or of any infamous of-.fence. 2. The General Assembly at its first session after the adoption of this Constitution, and afterwards as occasion may require, shall cause every city or town, the white population of which exceeds five thousand, to be laid off into convenient wards, and a separate place of voting to be established in each, and thereafter no inhabitant of such city or town shall be allowed to vote except in the ward in which he resides. 3. No voter during the time for holding any election at which he is entitled to vote, shall be compelled to perform military service, except in time of war or public danger; to work upon the public roads, or to attend any court as suitor, juror or witness; and no voter shall be subject to arrest under any civil process during his attendance at elections, or in going to and returning from them. 4. In all elections votes shall be given openly, or viva voce, and not by ballot. But dumb persons, entitled to suffrage, may vote by ballot. CONSTITUTION OF VIRGINIA. Xix ARTICLE IV. LEGISLATIVE DEPARTMENT. 1. The Legislature shall be formed of two distinct branches, which together shall be a complete Legislature, and shall be called the General Assembly of Virginia. HOUSE OF DELEGATES. 2. One of these shall be called the House of Delegates, and: shall consist of one hundred and fifty-two members, to be chosen biennially for and by the several counties, cities, and towns of the Commonwealth, and distributed and apportioned as follows: The counties of Augusta and Rockingham and the city of Richmond shall each elect three delegates: The counties of Albemarle, Bedford, Berkeley, Campbell, Fauquier, Franklin, Frederick, Halifax, Hampshire, Harrison, Jefferson, Kanawha, Loudoun, Marion, Monongalia, Monroe, Norfolk, Pittsylvania, Preston, Rockbridge, Shenandoah and Washington, shall each elect two delegates: The counties of Botetourt and Craig shall together elect two delegates: The counties of Accomac, Alexandria, Amherst, Appomnattox, Barbour, Brunswick, Buckingham, Cabell, Caroline, Carroll, Charlotte, Chesterfield, Clarke, Culpeper, Dinwiddie, Fairfax, Floyd, Fluvanna, Giles, Gloucester, Goochland, Grayson, Greenbrier, Hanover, Hardy, Henrico, Henry, Highland, Isle of Wight, Jackson, King William, Lee, Lewis, Louisa, Lunenburg, Madison, Marshall, Mason, Mercer, Mecklenburg, Montgomery, Morgan:, Nansemond, Nelson, Northampton, Page, Patrick, Pendleton, Pocahontas, Princess Anne, Prince Edward, Prince William, Pulaski, Putnam, Randolph, Rappahannock, Roanoke, Scott, Smyth, Southampton, Spotsylvania, Taylor, Upsbhur, Warren, Wayne, Wetzel, Wood and Wythe, and the cities of Norfolk and Petersburg, shall each elect one delegate: XX CONSTITUTION OF VIRGINIA. The counties of Lee and Scott in addition to the delegate to be elected by each, shall together elect one delegate: The following counties and cities shall compose election districts: Alleghany and Bath; Amelia and Nottoway; Logan, Boone and Wyomingg; Braxton and Nicholas; Charles City, James City and New K-ent; Cumbeiland and Powhatan; Doddridge and Tyler; Elizabeth City, Warwick, York, and the city of Willilinsburg; Essex and King & Queen; Fayette an(l Raleigh; Giltner and Wirt; Greene and Orange; Greenesville and Sussex; King George and Stafford; Lancaster and Northumlberlancd; Matthews and Middlesex; Pleasants and Ritchie; Prince George and Surry; and Richmond and Westmoreland-each of which districts shall elect one delegate. At the first general election under this Constitution the county of Ohio shall elect three delegates, and the counties of Brook and Hancock shall together elect one (lelegate; at the second general election the county of Ohio shall elect two delegates, and the counties of Brooke and Hancock shall each elect one delegate; and so on, alternately, at succeeding general elections. At the first general election the county of Russell shall elect two delegates, and the county of Tazewell shall elect one delegate: at the second general election the county of Tazewell shall elect two delegates, and the county of Russell shall elect one delegate; and so on, alternately, at succeeding general elections. The General Assembly shall have power upon application of a majority of the voters of the county of Campbell to provide, that instead of the two delegates to be elected by said county, the town of Lynchburg shall elect one delegate, and the residue of the county of Campbell shall elect one delegate. 3. The other house of the General Assembly shall be called the Senate, and shall consist of fifty members, to be elected for the term of four years; for the election of whom, CONSTITUTION OF VIRGINIA, XXi the counties, cities and towns shall be divided into fifty districts. Ecach county, city and town, of the respective districts, at the time of the first election of its delegate or delegates under this Constitution, shall vote for one senator, and the sheriffs or other officers holding the election for each county, city and town, within five days at farthest after the last election in the district, shall meet at the court house of the county or city first named in the district, and from the polls so taken in their respective counties, cities and towns return as senator the person who has received the greatest number of votes in the whole district. Upon the assembling of the senators so elected, they shall be divided into two equal classes, to be numbered by lot. The term of service of the senators of the first class shall expire with that of the delegates first elected under this Constitution; and of the senators of the second class at the expiration of two years thereafter; and this alteration shall be continued, so that one half of the senators may be chosen every second year. THE SENATE. SECTION IV, I. For the election of senators, the counties of Accomac and Northalnpton shall form one district: -I. The city of Norfolk shall be another district: III. The counties of Norfolk and Princess Anne shall form another district: IV. The counties of Isle of Wight, Nansemond and Surry shall form another district: V. The counties of Sussex, Southampton and Greenesville shall form another district: VI. The city of Petersburg and the county of Prince George shall form another district' VIII. The counties of Dinwiddie, Amelia and Brunswick shall form another district: XXli CONSTITUTION OF VIRGINIA. VIII. The counties of Powhatan, Cumlberland and Chesterfield shall form another district: IX. The counties of Lunenburg, Nottoway and Prince Edward shall form another district; X. The counties of Mecklenburg and Charlotte shall form another district' XI. The county of Pittsylvania shall be another district: XII. The county of Halifax shall be another district: XIII. %The counties of Henry, Patrick and Franklin shall form another district: XIV. The county of Bedford shall be another district: XV. The counties of Campbell and Appolmattox shall form another district: XVI. The city of Williamsburg, and the counties of James City, Charles City, New Kent, York, Elizabeth City and Warwick shall form another district: XVII. The counties of Henrico and Hanover shall form another district: XVIII. The city of Richmond shall be another district: XIX. The counties of Gloucester, Matthews and Middlesex shall form another district: XX. The counties of Richmond, Lancaster, Northumberland and Westmoreland shall form another district: XXI. The counties of King and Queen, King William and Essex shall form another district: XXII. The counties of Caroline and Spotsylvania shall form another district: XXIII. The counties of Stafford, King George and Prince William shall form another district: XXIV. The counties of Fairfax and Alexandria shall form another district: XXV. The county of Loudoun shall be another district: XXVI. The counties of Fauquier and Rappahannock shall form another district: XXVII. The counties of Madison, Culpeper, Orange and Greene shall form another district' CONSTITUTION OF VIRGINIA. xxiii XXVIII. The county of Albemarle shall be another district: XXIX. The counties of Louisa, Goochlandcl and Fluvanna shall form another district,: XXX. The counties of Nelson, Amherst and Buckingham shall form another district: XXXI. The counties of Jefferson and Berkeley shall form another district: XXXII. The counties of Hampshire, Hardy and Morgan shall form another district: XXXIII. The counties of Frederick, Clarke and Warren shall form another district: XXXIV. The counties of Shenandoah and Page shall form another district: XXXV. The counties of Rockingham and Pendleton shall form another district: XXXVI. The county of Augusta shall be another district: XXXVII. The counties of Bath, Highland and Rockbridge shall form another district: XXXVIII. The counties of Botetourt, Alleghany, Roanoke and Craig shall form another district: XXXIX. The counties of Carroll, Floyd, Grayson, Montgomery and Pulaski shall form another district: XL. The counties of Mercer, Monroe, Giles and Tazewell shall form another district: XLI. The counties of Smyth, Wythe and Washington shall form another district: XLII. The counties of Scott, Lee and Russell shall form another district: XLIII. The counties of Boone, Logan, Kanawha, Putnam and Wyoming shall form another district: XLIV. The counties of Nicholas, Fayette, Pocahontas, Raleigh, Braxton and Greenbrier shall form another district: Xxiv CONSTITUTION OF VIRGINIA. XLV. The counties of MIason, Jackson, Cabell, WVayne and \Wirt shall form another district XLVI. The counties of Ritchie, Doddridge, Harrison, Pleasants and WVood shall form another district: XLVII. The counties of Wetzel, Marshall, Marion and Tyler shall form another district: XLVIII. The counties of Upshur, Barbour, Lewis, Gilmer and Randolph shall form another district: XLIX. The counties of Monongalia, Preston and Taylor shall form another district: L. The counties of Brooke, Hancock and Ohio shall form another dlistrict. 5. It shall be the duty of the General Assembly in the year one thousand eight hundred and sixty-five, and in every tenth year thereafter, in case it can agree upon a principle of representation, to re-apportion representation in the Senate and House of Delegates in accordance therewith; and in the event the General Assembly, at the first or any subsequent period of re-apportionment, shall fail to agree upon a principle of representation, and to re-apportion representation in accordance therewith, each House shall separately propose a scheme of representation, containing a principle or rule for the House of Delegates, in connection with a principle or rule for the Senate. And it shall be the duty of the General Assembly, at the same session, to certify to the Governor, the principles or rules of representation which the respective Houses may separately propose, to be applied in making re-apportionments in the Senate and in the House of Delegates; and the Governor shall, as soon thereafter as may be, by proclamation, make known the propositions of the respective Houses, and require the voters of the Commonwealth to assemble at such a time as he shall appoint, at their lawful places of voting, and decide by their votes between the propositions thus presented. In the event the General Assembly shall fail, in the year one thousand eight hundred and sixty-five, or in any tenth year there CONSTITUTION OF VIRGINIA. XXV after, to make such re-apportionment or certificate, the Governor shall, immediately after the adjournment of the General Assembly, by proclamation, require the voters of the Commonwealth to assemble, at such time as he shall appoint, at their lawfull places of voting, and to declare by their votes; First, whether representation in the Senate and House of Delegates shall be apportioned on the'" Suffrage Basis;" that is, according to the number of voters in the several counties, cities, towns and senatorial districts of the Commonwealth; Or second, whether representation in both Houses shall be apportioned on the " Mixed Basis;" that is, according to the number of white inhabitants contained, and the amount of all State taxes paid, in the several counties, cities and towns of the Commonwealth, deducting therefrom all taxes paid on licenses and law process, and any capitation tax on free negroes, allowing one delegate for every seventy-sixth part of said inhabitants, and one delegate for every seventysixth part of said taxes, and distributing the Senators in like manner Or third, whether representation shall be apportioned in the Senate on taxation; that is, according to the amount of all State taxes, paid in the several counties, cities and towns of the Commonwealth, deducting therefrom all taxes paid on licenses and law process, and any capitation tax on free negroes, and in the House of Delegates on the'" Suffrage Basis" as aforesaid; Or fourth, whether representation shall be apportioned in the Senate on the " Mixed Basis " as aforesaid, and in the Hlouse of Delegates on the " Suffrage Basis " as aforesaid; and each voter shall cast his vote in favor of one of said schemes of apportionment, and no more. 6. It shall be the duty of the sheriffs and other officers taking said polls, to keep the same open for the period of three days, and within five days after they are closed, to D Xxvi CONSTITUTION OF VIRGINIA. certify true copies thereof to the Governor, who shall, as early as may be, ascertain the result of said vote, and make proclamation thereof; and in case it is ascertained that a majority of all the votes cast is in favor of either of the principles of representa4tion, referred as aforesaid to the choice of the voters, the Governor shall communicate the result of such vote to the General Assembly at its first regular session thereafter; but in case it is ascertained that a majority of all the votes cast is not in iavor of either of the principles of representation referred as aforesaid to the choice of the voters, it shall be the duty of the Governor, as soon as may be, after ascertaing that fact, in like manner to cause the voters to decide between the two principles of representation which shall, at such previous voting, have received the greatest number of votes; and he shall ascertain and make proclamation of the result of the said last vote, and communicate the same to the General Assembly at its next regular session; and in either case, the General Assembly, at the regular session thereof which shall be held next after the taking of: the vote, the result of which shall have been so communicated to it by the Governor, shall re-apportion representation in the two Houses respectively in accordance with the principle of representation in each, for which a majority of the votes cast were given; and it shall be the duty of the General Assembly in every tenth year thereafter to re-apportion and distribute the number of Senators and delegates in accordance with the same principle. 7. Any person may be elected Senator, who, at the time of election, has attained the age of twenty-five years, and is actually a resident within the district, and qualified to vote for members of the General Assembly, according to this Constitution. And any person may be elected a member of the House of Delegates, who, at the time of election, has attained the age of twenty-one years, and is actually a resident within the county, city, town, or election district, qualified to vote for members of the General Assembly, accord CONSTITUTION OF VIRGINIA. XXV1il ing to this Constitution; but no person holding a lucrative office, no minister of the gospel, or priest of any religious denomination, no salaried officer of any banking corporation or company, and no attorney for the Commonwealth, shall be capable of being elected a member of either House of the Assembly. The removal of any person elected to either branch of the General Assembly fromi the county, city, town or district for which he was elected, shall vacate his office. 8. The General Assembly shall meet once in every two years, and not oftener, unless convened by the Governor in the manner prescribed in this Constitution, No session of the General Assembly, after the first under this Constitution, shall continue longer than ninety days, without the concurrence of three-fifths of the members elected to each House, in which case the session may be extended for a further period, not exceeding thirty days. Neither House, during the session of the General Assembly shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting. A majority of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and shall be authorized to compel the attendance of absent members in such manner and under such penalties as each House may provide. 9. The House of Delegates shall choose its own Speaker, and in the absence of the Lieutenant Governor, or when he shall exercise the office of Governor, the Senate shall choose from their own body a president pro tempore; and each House shall appoint its own officers, settle its own rules of proceeding, and direct writs of election for supplying intermediate vacancies: but if vacancies shall occur during the recess of the General Assembly, such writs may be issued by the Governor, under such regulations as may be prescribed by law. Each HIouse shall judge of the election, qualification and returns of its members, may punish themn XXiii CONSTITUTION OF VIRGINIA. for disorderly behavior, and, with the concurrence of twothirds, expel a member, but not a second time for the same offence. 10. The members of the Assembly shall receive for their services a compensation, to be ascertained by law, and paid out of the public treasury; but no act increasing such compensation shall take effect until after the end of the term fobr which the members of the House of' Delegates voting thereon were elected. And no Senator or delegate during the term for which lie shall have been elected, shall be appointed to any civil office of profit under the Commnonwealth, which has been created, or the emoluments of which have been increased, during such term, except offices filled by elections by the people. 11. Bills and resolutions may originate in either of the two Houses of the General Assembly, to be approved or rejected by the other, and may be amended by either House, with the consent of the other. 12. Each House of the General Assembly shall keep a journal of its proceedings, which shall be published from time to time, and the yeas and nays of the members of either House, on any question, shall, at the desire of one-fifth of those present, be entered on the journal. No bill shall become a law, until it has been read on three different days of the session, in the House in which it originated, unless twothirds of the members elected to that House, shall otherwise determine. 13o The whole number of members to which the State may at any time be entitled in the House of Representatives of the United States, shall be apportioned as nearly as may be, amongst the several counties, cities and towns of the State, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. 14. In the apportionment, the State shall be divided into CONSTITUTION OF VIRGINIA. XXiX districts, corresponding in number with the representatives to which it may be entitled in the House of Representatives of the Congress of the United States, which shall be formed respectively of contiguous counties, cities and towns, be compact, and include, as nearly as may be, an equal number of the population, upon which is based representation in the House of Representatives of the United States. 15. The privilege of the writ of habeas corpus shall not, in any case, be suspended. The General Assembly shall not pass any bill of attainder; or any ex post facto law; or any law impairing the obligation of contracts; or any law whereby private property shall be taken for public uses without just compensation; or any law abridging the freedom of speech or of the press. No man shall be compelled to friequent or support any religious worship, place or ministry whatsoever; nor shall any man be enforced, restrained, molested or burthened in his body or goods, or otherwise suffer on account of his religious opinions or belief; but all men shall be free to profess and by argument to maintain their opinions in matters of religion, and the same shall in no wise affect, diminish or enlarge their civil capacities. Ancl the General Assembly shall not prescribe any religious test whatever, or confer any peculiar privileges or advantages on any sect or denomination, or pass any law requiring or authorizing any religious society, or the people of any district within this Commonwealth, to levy on themselves or others any tax for the erection or repair of any house for public worship, or for the support of any church or ministry; but it shall be left free to every person to select his religious instructor, and to make for his support such private contract as he shall please. 16. No law shall embrace more than one object which shall be expressed in its title; nor shall any law be revived or amended by reference to its title, but the act revived, or section amended, shall be re-enacted and published at length. 17. The General Assembly may provide that no person XXX CONSTITUTION OF' VIRGINIA. shall be capable of holding, or being elected to, any post of profit, trust or emolument, civil or military, legislative, executive or judicial, under the government of' this Commonwealth, who shall hereafter fight a duel, or send or accept a challenge to fight a duel, the probable issue of which may be the death of the challenger or challenged, or who shall be second to either party, or shall in any manner aid or assist in such duel, or shall be knowingly the bearer of such challenge or acceptance; but no person shall be so disqualified by reason of his having heretofore fought such duel, or sent or accepted such challenge, or been second in such duel, or bearer of such challenge or acceptance. 18. The Governor, Lieutenant Governor, judges, and all others offending against the State, by maladministration, corruption, neglect of duty, or other high crime or misdemeanor, shall be impeachable by the House of Delegates, and be prosecuted before the Senate, which shall have the sole power to try impeachments. When sitting fbr that purpose, they shall be on oath or affirmation; and no person shall be convicted, without the concurrence of two-thirds of the members present. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the Commonwealth; but the party convicted shall nevertheless be subject to indictment, trial, judgment and punishment, according to law. The Senate may sit during the recess of the General Assembly for the trial of impeachments. SLAVES AND FREE NEGROES. 19. Slaves hereafter emancipated shall forfeit their freedom by remaining in the Commonwealth more than twelve months after they become actually free, and shall be reduced to slavery, under such regulations as may be prescribed by law. 20. The General Assembly mnay impose such restrictions CONSTITUTION OF VIRGINIA. xXXi and conditions as they shall deem proper on the power of slave owners to emancipate their slaves; and may pass laws for the relief of the Commonwealth from the free negro population by removal or otherwise. 21. The General Assembly shall not emancipate any slave, or the descedant of any slave, either before or after the birth of such descendant. TAXATION AND FINANCE. 22. Taxation shall be equal and uniform throughout the Commonwealth, and all property, other than slaves, shall be taxed in proportion to its value, which shall be ascertained in such manner as may be prescribed by law. 23. Every slave who has attained the age of twelve years shall be assessed with a tax equal to and not exceeding that assessed on land of the value of three hundred dollars. Slaves under that age shall not be subject to taxation; and other taxable property may be exempted from taxation, by the vote of a majority of the whole number of members elected to each House of the General Assembly. 24. A capitation tax, equal to the tax assessed on land of the value of two hundred dollars, shall be levied on every white male inhabitant who has attained the age of twentyone years; and one equal moiety of the capitation tax upon white persons, shall be applied to the purposes of education in primary and free schools; but nothing herein contained shall prevent exemptions from taxable polls in cases of bodily infirmity. 25. The General Assembly may levy a tax on incomes, salaries and licenses; but no tax shall be levied on property from which any income so taxed is derived, or on the capital invested in the trade or business in respect to which the license so taxed is issued. 26. No money shall be drawn from the treasury but in pursuance of appropriations made by law; and a statement of the receipts, disbursements, appropriations and loans XXxii CONSTITUTION OF VIRGINIA. shall be published after the adjournment of each session of the General Assembly, with the acts and resolutions thereof. 27. On the passage of every act which imposes, continues, or revives a tax, or creates a debt or charge, or makes, continues or revives any appropriation of public or trust money or property, releases, discharges, or commutes any claim or demand of the State, the vote shall be determined by yelas and nays, and the names of the persons voting for and against the same shall be entered on the journals of the respective Houses, and a majority of all the members elected to each House shall be necessary to give it the force of a law, 28. The liability to the State of any incorporated comvpany or institution, to redeem the principal and pay the interest of' any loan heretofore made, or which may hereafter be made, by the State, to such company or institution, shall not be released; and the General Assembly shall not pledge the faith of the State, or bind it in any form, for the debts or obligations of any company or corporation. 29. There shall be set apart annually, from the accruing revenue, a sum equal to seven per cent. of the State debt existing on the first day of January, in the year one thousand eight hundred and fifty-two. The fiund thus set apart shall be called the Sinking Fund, and shall be applied to the payment of the interest of the State debt, and the principal of such part as may be redeemable. If no part be redeemable, then the residue of the Sinking Fund, after the payment of such interest, shall be invested in the bonds or certificates of debt of this Commonwealth, or of the United States, or of some of the States of this Union, and applied to the payment of the State debt, as it shall become redeemable. Whenever, after the said first day of January, a debt shall be contracted by the Commonwealth, there shall be set apart in like manner, annually, for thirty-four years, a sum exceeding by one per cent. the aggregate annual interest agreed to be paid thereon, at the time contracted, which sum CONSTITUTION OF VIRGINIA. XXXiiL shall be part of the Sinking Fund, and shall be applied in the manner before directed. The General Assembly shall not otherwise appropriate any part of the Sinking Fund or its accruing interest, except in time of war, insurrection or invasion. 30. The General Assembly may, at any time, direct a sale of the stocks held by the Commonwealth in internal improvement and other companies; but the proceeds of such sale, if made before the payment of the public debt, shall constitute a part of the Sinking Fund and be applied in like manner. 31. The General Assembly shall not contract loans or cause to be issued certificates of debt or bonds of the State, irredeemable for a period greater than thirty-four years. GENERAL PROVISIONS. 32. The General Assembly shall not grant a charter of incorporation to any church or religious denomination, but may secure the title to church property to an extent to be limited by law. 33. No lottery shall hereafter be authorized by law, and the buying, selling or transferring of tickets or chances in any lottery not now authorized by a law of this State, shall be prohibited. 34. No new county shall be formed with an area less than six hundred square miles; nor shall the county or counties from which it is formed be reduced below that area; nor shall any county, having a white population less than five thousand, be deprived of more than one-fifth of such population; nor shall a county having a larger white population be reduced below four thousand. But any county, the length of which is three times its mean breadth, or which exceeds fifty miles in length, may be divided at the discretion of the General Assembly. In all general elections, the voters in any county, not entitled to separate representation, shall vote in the same election district. E XXXiV CONSTITUTION OF VIRGINIA. 35. The General Assembly shall confer on the courts the power to grant divorces, change the names of persons, and direct the sale of estates belonging to infants and other persons under legal disabilities, but shall not, by special legislation, grant relief in such cases, or in any other case of which the courts or other tribunals may have jurisdiction. 36. The General Assembly shall provide for the periodical registration in the several counties, cities and towns of the voters therein, and for the annual registration of the births, marriages and deaths in the white population, and of' the births and deaths in the colored population of the same, distinguishing between the numbers of free colored persons and slaves. 37. The General Assembly, at intervals of five years from the dates of the returns of the census of the United States, shall cause to be taken a census and such statistics of this State as may be prescribed by law; which census and statistics shall be returned to the Secretary of the Commonwealth, who shall compare and correct the returns, and report the same to the General Assembly. 38. The manner of conducting and making returns of elections, of determining contested elections, and of filling vacancies in office, in cases not specially provided for by this Constitution, shall be prescribed by law; but special elections to fill vacancies in the office of Judge of any court shall be for a full term. And the General Assembly may declare the cases in which any office shall be deemed vacant, when no provision is made for that purpose in this Constitution. ARTICLE V. EXECUTIVE DEPARTMIENT. GO EV El N OR. 1. The Chief Executive power of this Commonwealth shall be vested in a Governor. He shall hold the office for CONSTITUTION OF VIRGINIA. XXXV the term of four years, to commence on the day of next succeeding his election, and be ineligible to the same office for the term next succeeding that for which he was elected, and to any other office during his term of service. 2. The Governor shall be elected by the voters, at the times and places of choosing members of the General Assembly. Returns of the election shall be transmitted, under seal, by the proper officers to the Secretary of the Commonwealth, who shall deliver them to the Speaker of the House of Delegates, on the first day of the next session of the General Assembly. The Speaker of the House of Delegates, shall within one week thereafter, in the presence of a majority of the Senate and House of Delegates, open the said returns, and the votes shall then be counted. The person having the highest number of votes shall be declared elected; but if two or more shall have the highest and an equal number of votes, one of them shall be chosen Governor by the joint vote of the two Houses of the General Assembly. Contested elections for Governor shall be decided by a like vote, and the mode of proceeding in such cases shall be prescribed by law. 3. No person shall be eligible to the office of Governor unless he has attained the age of thirty years, is a native citizen of the United States, and has been a citizen of Virginia for five years next preceding his election. 4. The Governor shall reside at the seat of Government shall receive five thousand dollars for each year of his service, and, while in office, shall receive no other emolument from this or any other government. 5. ITe shall take care that the laws be faithfully executed; communicate to the General Assembly at every session the condition of the Commonwealth; recommend to their consideration such measures as -he may deem expedient; and convene the General Assembly on application of a majority of the members of both houses thereof, or when in his opin Xxxvi CONSTITUTION OF VIRGINIA. ion the interest of the Commonwealth may require it. He shall be commander in chief of the land and naval forces of the State; have power to embody the militia to repel invasion, suppress insurrection and enforce the execution of the laws; conduct, either in person or in such other manner as shall be prescribed by law, all intercourse with other and foreign States; and, during the recess of the General Assembly, fill pro tempore all vacancies in those offices for which the Constitution and laws make no provision: but his appointments to such vacancies shall be by commissions to expire at the end of thirty days after the commencement of the next session of the General Assembly. Ile shall have power to remit fines and penalties, in such cases and under such rules and regulations as may be prescribed by law; and, except when the prosecution has been carried on by the House of Delegates, or the law shall otherwise particularly direct, to grant reprieves and pardons after conviction, an(d to commute capital punishment. But he shall communicate to the General Assembly at each session, the particulars of every case of fine or penalty remitted, of reprieve or pardon granted and of punishment commuted, with his reasons for remitting, granting or commuting the same. 6. He may require information in writing from the officers in the executive department upon any subject relating to the duties of their respective offices; and may also require the opinion in writing of the Attorney General upon any question of law connected with his official duties. 7. Commissions and grants shall run in the name of the Commonwealth of Virginia, and be attested by the Governor with the seal of the Commonwealth annexed. LIEUTENANT GOVERNOR. 8. A Lieutenant Governor shall beelected at the same time, and for the same term, as the Governor: and his qualifications and the manner of his election in all respects shall be the same. CONSTITUTION OF VIRGINIA. XXXVii 9. In case of the removal of the Governor from office, or of his death, failure to qualify, resignation, removal from the State, or inability to discharge the powers and duties of the office, the said office, with its compensation, shall devolve upon the Lieutenant Governor; and the General Assembly shall provide by law for the discharge of the executive functions in other necessary cases. 10. The Lieutenant Governor shall be President of the Senate, but shall have no vote: and while acting as such, shall receive a compensation equal to that allowed to the Speaker of the House of Delegates. SECRETARY OF TIlE COMMONWEALTH, TREASURER AND AUDITOR. 11. A Secretary of the Commonwealth, Treasurer and an Auditor of Public Accounts shall be elected by the joint vote of the two houses of the General Assembly, and continue in office for the term of two years, unless sooner removed. 12. The Secretary shall keep a record of the official acts of the Governor, which shall be signed by the Governor and attested by the Secretary; and when required, he shall lay the same, and any papers, minutes and vouchers pertaining to his office, before either house of the General Assembly; and shall perform such other duties as may be prescribed by law. 13. The powers and duties of the Treasurer and Auditor shall be such as now are, or may be hereafter prescribed by law. BOARD OF PUBLIC WORKS. 14. There shall be a Board of Public Works, to consist of three Commissioners. The State shall be divided into three districts, containing as nearly as may be equal numbers of voters, and the voters of each district shall elect one Commissioner, whose term of office shall be six years; but of those first elected, one, to be designated by lot, shall remain in office for two years only, and one other, to be de XXXViii CONSTITUTION OF VIRGINIA, signated in like manner, shall remain in office for four years only. 15. The General Assembly, at its first session after the adoption of this Constitution, shall provide for the election and compensation of the Commissioners, and the organization of the Board. The Commissioners first elected shall assemble on a day to be appointed by law, and decide by lot the order in which their terms of service shall expire. 16. The Board of Public Works shall appoint all officers employed on the public works, and all persons representing the interest of the Commonwealth in works of internal improvement, and shall perform such other duties as may be prescribed by law. 17.'he members of the Board of Public Works may be removed by the concurrent vote of a majority of all the members elected to each house of the General Assembly but the cause of removal shall be entered on the journal of each house. 18. The General Assembly shall have power, by a vote of ithree-fifths of the members elected to each house, to abolish said Board whenever in their opinion a Board of Public Works shall no longer be necessary. MILITIA. 19. The manner of appointing militia officers shall be prescribed by law, ARTICLE VI. JUDICIARY DEPARTMENT. 1. There shall be a Supreme Court of Appeals, District Courts and Circuit Courts. The jurisdiction of these tribunals, and of the judges thereof, except so far as the same is conferred by this Constitution, shall be regulated by law. JUDICIAL DIVISIONS. 2. The State shall be divided into twenty-one judicial circuits, ten districts and five sections, CONSTITUTION OF VIRGINIA. XXxiX I. Thle counties of Princess Anne, Norfolk, Nansemond, Isle of Wight, Southampton, Greenesville, Surry and Sussex and the city of Norfolk shall constitute the first circuit. II. The counties of Prince George, Dinwiddie, Brunswick, Mecklenburg, Lunenburg, Nottoway, Amelia, Chesterfield and Powhatan and the city of Petersburg shall constitute the second circuit. III. The counties of Cumberland, Buckingham, Appomattox, Campbell, Prince Edward, Charlotte and Halifax and the town of Lynchburg shall constitute the third circuit. IV. The counties of Pittsylvania, Bedford, Franklin, Patrick and Henry shall constitute the fourth circuit. V. The counties of Accomac and Northampton shall constitue the fifth circuit. VI. The counties of Elizabeth City, Warwick, York, Gloucester, 3Matthews, Mliddlesex, Henrico, New Kent, Charles City and James City, and the city of Williamsburg shall constitute the sixth circuit. VIL. The city of Richmond shall be the seventh circuit. VIII. The counties of Lancaster, Northumberland, Richmond, Westmoreland, King George, Spotsylvania, Caroline, Hanover, King William, King and Queen and Essex shall constitute the eighth circuit. IX. The counties of Stafford, Prince William, Alexandria, Fairfax, Loudoun, Fauquier and Rappahannock shall constitute the ninth circuit. X. The counties of Culpeper, Mladison, Greene, Orange, Albemarle, Louisa, Fluvanna and Goochland shall constitute the tenth circuit. XI. The counties of Nelson, Amherst, Rockbridge, Augusta and Bath shall constitute the eleventh circuit. XII. The counties of Pendleton, Highland, Rockingham, Page, Shenandoah, Warren and Hardy shall constitute the twelfth circuit. XIII. The counties of Clarke, Frederick, Hampshire, Xl CONSTITUTION OF YIRGINIA. MIorgan, Berkeley and Jefferson shall constitute the thirteenth circuit. XIV. The counties of Monroe, Greenbrier, Pocahontas, Alleghany, Botetourt, Roanoke and Craig shall constitute the fourteenth circuit. XV. The counties of Giles, Mercer, Raleigh, Wyoming, Logan, Boone, Fayette and Nicholas shall constitute the fifteenth circuit. XVI. The counties of Grayson, Carroll, WVythe, Floyd, Pnlaski and Montgomery shall constitute the sixteenth circuit. XVII. The counties of Smyth, Tazewell, Washington, Russell, Scott and Lee shall constitute the seventeenth circuit. XVIII. The counties of Wayne, Cabell, Mason, Jackson, Putnam and Kanawha shall constitute the eighteenth circuit. XIX. The counties of Wood, Wirt, Gilmer, Braxton, Lewis, Ritchie, Doddridge and Pleasants shall constitute the nineteenth circuit. XX. The counties of Hancock, Brooke, Ohio, Marshall, WVetzel, Tyler and Monongalia shall constitute the twentieth circuit. XXI. And the counties of Harrison, BMarion, Taylor, Preston, Barbour, Randolph and Upshur shall constitute the twenty-first circuit. 3. The first and second circuits shall constitute the first district; the third and fourth circuits, the second district; the fifth, sixth and seventh circuits, the third district; the eighth and ninth circuits, the fourth district; the tenth and eleventh circuits, the fifth district; the twelfth and thirteenth circuits, the sixth district; the fourteenth and fifteenth circuits, the seventh district; the sixteenth and seventeenth circuits, the eighth district; the eighteenth and nineteenth circuits, the ninth district; and the twentieth and twenty-first circuits, the tenth district. CONSTITUTION OF VIRGINIA. xli 4. The first and second districts shall constitute the first section; the third and fourth districts, the second section; the fifth and sixth districts, the third section; the seventh and eighth districts, the fourth section; and the ninth and tenth districts, the fifth section. 5. The General Assembly may, at the end of eight years after the adoption of this Constitution, and thereafter at intervals of eight years, re-arrange the said circuits, districts and sections, and place any number of circuits in a district, and of districts, in a section; but each circuit shall be altogether in one district, and each district in one section; and there shall not be less than two districts and four circuits in a section, and the number of sections shall not be increased or dimainished~ CIRCUIT COURTS. 6. For each circuit, a judge shall be elected by the voters thereof, who shall hold his office for the term of eight years, unless sooner removed in the manner prescribed by this Constitution. He shall, at the time of election, be at least thirty years of age, and during his continuance in office, shall reside in the circuit of which he is judge. 7. The circuit court shall be held at least twice a year by the judge of each circuit, in every county and corporation thereof, wherin a circuit court is now or may hereafter be established. But the judges in the same district may be required or authorized to hold the courts of their respective circuits alternately, and a judge of one circuit to hold a court in any other circuit. DISTRICT COURTS. 8. A district court shall be held at least once a year, in every district, by the judges of the circuits constituting the section and the judge of the supreme court of appeals for the section of which the district forms a part, any three of whom may hold a court; but no judge shall sit or decide F xlii CONSTITUTION OF VIRGINIA. upon any appeal taken from his own decision. The judge of the supreme court of appeals of one section, may sit in the district courts of another section, when required or authorized by law to do so. 9. The district courts shall not have original jurisdiction, except in cases of habeas corpus, mandamus and prohibition. COURT OF APPEALS. 10. For each section, a judge shall be elected by the voters thereof, who shall hold his office for the term of twelve years, unless sooner removed in the manner prescribed by this Constitution. He shall, at the time of election, be at least thirty-five years of age, and during his continuance in office, reside in the section for which he is elected. 11. The supreme court of appeals shall consist of the five judges so elected, any three of whom may hold a court. It shall have appellate jurisdiction only, except in cases of habeas corps, mandamus and prohibition. It shall not have jurisdiction in civil causes where the matter in controversy, exclusive of costs, is less in value or amount than five hundred dollars, except in controversies concerning the title or boundaries of land, the probat of a will, the appointment or qualification of a personal representative, guardian, committee or curator; or concerning a mill, road, way, ferry or landing, or the right of a corporation or of a county to levy tolls or taxes; and except in cases of habeas corpous, mandamus and prohibition, and cases involving freedom, or the constitutionality of a law. 12. Special courts of appeals, to consist of not less than three nor more than five judges, may be formed of the judges of the supreme court of appeals, and of the circuit courts, or any of them, to try any cases remaining on the dockets of the present court of appeals when the judges thereof cease to hold their offices; or to try any cases which may be on the dockets of the supreme court of appeals established by this Constitution, in respect to which a majority CONSTITUTION OF VIRGINIA. xliii of the judges of said court may be so situated as to make it improper for them to sit on the hearing thereof. 13. When a judgment or decree is reversed or affirmed by the supreme court of appeals, the reasons therefbr shall be stated in writing, and preserved with the record of' the case. GENERAL PROVISIONS. 14. Judges shall be commissioned by the Governor, and shall receive fixed and adequate salaries, which shall not be diminished during their continuance in office. The salary of a judge of the supreme court of appeals shall not be less than three thousand dollars, and that of a judge of a Circuit court not less than two thousand (tollars per annum, except that of the judge of the filth circuit, which shall not be less than fifteen hundred dollars per annum; and each shall receive a reasonable allowance for necessary travel. 15. No judge during his term of service shall hold any other office, appointment or public trust, and the acceptance thereof shall vacate his judicial office; nor shall he during such term, or within one year thereafter, be eligible to any political office. 16. No election of judge shall be held within thirty days of the time of holding any election of electors of President and Vice President of the United States, of members of Congress or of the General Assembly. 17. Judges may be removed from office by a concurrent vote of both houses of the General Assembly, but a majority of all the members elected to each house must concur in such vote; and the cause of removal shall. be entered on the journal of each house. The judge, against whom the General Assembly may be about to proceed, shall receive notice thereof, accompanied by a copy of the causes alleged for his removal, at least twenty days before the day on which either house of the General Assembly shall act thereupon. 18. The officers of the supreme court of appeals and of xliv CONSTITUTION OF VIRGINIA. the district courts shall be appointed by the said courts respectively, or by the judges thereof in vacation. Their duties, compensation, and tenure of office, shall be prescribed by law. 19. The voters of each county or corporation in which a circuit court is held shall elect a clerk of such court, whose term of office shall be six years. The attorney for the Commonwealth elected for a county or corporation wherein a circuit court is directed to be held, shall be attorney for the Commonwealth for that court. But in case a circuit court is held for a city, or for a county and city, there shall be an attorney for the Commonwealth for such court, to be elected by the voters of such city, or county and city, and to continue in office for the term of four years. The duties and compensation of these officers, and the mode of removing them from office, shall be prescribed by law. 20. ~WVhen a vacancy shall occur in the office of clerk of any court, such court may appoint a clerk pro tempore, who shall discharge the duties of the office until the vacancy is filled. 21o The General Assembly shall provide for the compensation of jurors; but appropriations for that purpose, shall not be made from the State treasury, except in prosecutions for felony and misdemeanor. 22. At every election of a Governor, an attorney general shall be elected by the voters of the Commonwealth, for the term of four years. He shall be commissioned by the Governor, shall perform such duties and receive such compensation as may be prescribed by law, and be removable in the manner prescribed for the removal of judges. 23. Judges and all other officers, whether elected or appointed, shall continue to discharge the duties of their respective offices after their terms of service have expired, until their successors are qualified. 24. Wfrits shall run in the name of the Commonwealth of Virginia, and be attested by the clerks of the several CONSTITUTION OF VIRGINIA. xlv courts. Indictments shall conclude, against the peace and dignity of the Commonwealth. COUNTY COURTS. 25. There shall be in each county of the Commonwealth, a county court, which shall be held monthly, by not less than three nor more than five justices, except when the law shall require the presence of a greater number. 26. The jurisdiction of the said court shall be the same as that of the existing county courts, except so far as it is modified by this Constitution or may be changed by law. 27. Each county shall be laid off into districts, as nearly equal as may be in territory and population. In each district there shall be elected by the voters thereof, four justices of the peace, who shall be commissioned by the Governor, reside in their respective districts, and hold their office for the term of four years. The justices so elected shall choose one of their own body, who shall be the presiding justice of the county court, and whose duty it shall be to attend each term of said court. The other justices shall be classified by law for the performance of their duties in court. 28. The justices shall receive for their services in court a per diem compensation, to be ascertained by law, and paid out of the county treasury; and shall not receive any fee or emolument for other judicial services. 29. The power and jurisdiction of justices of the peace within their respective counties shall be prescribed by law, COUNTY OFFICERS. 30. The voters of each county shall elect a clerk of the county court, a surveyor, an attorney for the Commonwealth, a sheriff, and so many commissioners of the revenue as may be authorized by law, who shall hold their respective offices as follows: the clerk and the surveyor, for the term of six Xlvi CONSTITUTION OF VIRGINIA. years; the attorney, for the term of four years; the sheriff, and the commissioners, for the term of two years. Constables and overseers of the poor, shall be elected by the voters, as may be prescribed by law. 31. The officers mentioned in the preceding section, except the attorneys, shall reside in the counties or districts for which they were respectively elected. No person elected for two successive terms to the office of sheriff, shall be reeligible to the same office for the next succeeding term; nor shall he, during his term of service, or within one year thereafter, be eligible to any political office. 32. The justices of the peace, sheriffs, attorneys for the Commonwealth, clerks of the circuit and county courts, and all other county officers, shall be subject to indictment for malfeasance, misfeasance, or neglect of official duty, and upon conviction thereof, their offices shall become vacant, CORPORATION COURTS AND OFFICERS. 33. The General Assembly may vest such jurisdiction as shall be deemed necessary in corporation courts, and in the magistrates who may belong to the corporate body. 34. All officers appertaining to the cities and other municipal corporations, shall be elected by the qualified voters, or appointed by the constituted authorities of such cities or corporations, as may be prescribed by law. CHARTERS AND ORDINANCES OF TBE CITY OF RICHMOND. CHARTER OF THE CITY OF RICHMOND. AN ACT REVISING AND REDUCING INTO ONE ACT THE PROVISIONS OF THE CHARTER OF THE CITY OF RICHMOND. [PASSED THE 30TH DAY OF MARCH, 1852.] 1. The boundaries of the city. Corpo- 15. To whom certificates delivered. Who rate name. What chapters of the entitled to sit in the council, and till Code of Virginia applicable to it. when. The council to ascertain who 2. Court of Hustings, how constituted. elected members of the court, and 3. Jurisdiction of the court, and its who officers. members. How far it extends. 16. lowers of council as to elections. 4. Council of the city, its numbers, and 17. Council to certify to the court who number of members of the court. elected members of the court, serNumber from each ward. geant and high constable. Court 5. Compensation of mayor and mem- to take bond from these officers. bers of the court. How made. Court to elect recorder and senior al6, When annual election to be held, and derman. for what officers of the city. 18. Members of council and court, and 7. W hen election for clerk, surveyor officers, to continue till successors and attorney. qualify. 8. Who may vote at elections, and who 19. When council may direct new eleceligible to council and court. tion. By whom conducted. 9. City divided into wards. Where elec. 20. When vacancy in office may be filled, tions to be held. What notice. and by whom, and from whom. 10. Who to superintend elections, their 21. How change in the mode of electing powers and duties. city officers may be made. 11. Who to conduct election. His pow- 22. All estates, rights, titles and priviers and duties. How votes to be leges; all the funds, revenues and given. claims, and all the powers, capaci12. When officer to close the polls. Who ties, franchises and immunities, held shall certify the correctness of the heretofore, continued. poll. 23. What under the care and manage13. Persons voting more than once, all ment of the council. What corporate but one stricken from poll. By powers, &c., vested in the council. whom. 24. Powers of the council in relation to 14. Who shall certify what persons places for interment, for gas works, elected. If a tie vote, what he shall and water works. How far it shall do. have jurisdiction. 2 CHARTER. 25. Powers of the council in relation 41. Powers in relation to wagons, &c.; to the Lancasterian school; other hacks, &c. schools; libraries; athenaeum. 42. Powers in relation to hawkers and 26. Powers of the council in relation to pedlars. streets. 43. Powers in relation to agents and sub27. Powers in relation to wharves, land- agents of insurance companies. ings and docks; portwardens. 44. Powers of taxation in relation to 28. Powers in relation to the surveyor. employments, and incomes, and liHis surveys and acts. What their censes. validity and effect. 45. Powers in relation to subscriptions 29. When council may have lot filled up, to the stock of internal improvement or offensive substances removed, at companies. owner's expense, 46. Powers in relation to borrowing 30. Powers in relation to dogs; or the money. riding or driving of horses, &c., or 47. Sinking fund for payment of debt running of steam engines within the due to be provided. city. 48. Sinking fund fobr payment of debt 31. Powers in relation to the guaging thereafter contracted to be provided. and inspection of liquors, &c., and 49. Sinking fund not to be diverted from the weighing long forage, the meas- its object, except in time of war, &c. uring of grain, &c. 50. Jurisdiction of the mayor, &c., as to 32, Powers in relation to owners, &c., of penalties; for other claims. To hold slaves, unlawful assemblies, and pre- his court daily, except Sunday. scribing duties of police in relation 51. Powers, duties and liabilities of the thereto, high constable. His deputies. 33. Power as to riots, &c., and lewd and 52. Powers of the council to appoint disorderly conduct. other officers, and prescribe their 34. Powers in relation to work-houses, duties, &c., and to remove officers of & c. the city. 35. Powers to prohibit erection of wood- 53. Powers and duties of police officers en buildings. in criminal cases. 36. Powers in relation to taxation, and 54. Officer elected by the people to hold the subjects. but one office. 37. Powers of the collector of city taxes. 55. This act to be construed favorably 38. Lien on real estate for taxes thereon. for the city. Powers of council as to the sale 56. This act to be submitted to the peothereof. ple. How. 39. Powers of council in relation to auc- 57. Persons in office, how long to contioneers. tinue. 40. Powers in relation to theatrical performances, shows, &c. Whereas, under an act of the general assembly passed the 30th of January, 1805, commissioners appointed by the executii e of this commonwealth established what was then deemed a ji1st and reasonable boundary to the city of Rich-lnond, and the said boundary was reported to the council of said city, and under a resolution of the council adopted the 19th of February, 1810, the boundary lines were run by a CHARTER. 3 surveyor, and land marks placed at the corners and at other convenient places; and afterwards the territory contained within said boundary lines was, under the direction of the corporate authorities of said city, described and marked upon a map prepared by Micajah Bates, dated in 1835; and by an act of assembly passed the 21st of February, 1842, to revise and amend the charter of the city of Richmond, it was declared that the said territory should be deemed and taken as the city of Richmond Now, Be it enacted by the general assembly, as follows 1. That the said territory, within the limits prescribed under the said act of the 30th of January, 1T805, and described and marked upon the said map prepared by Micajah Bates, shall continue to be the city of Richmond; and the freeholders, housekeepers and inhabitants within said limits, and their successors, shall continue to be a corporation by the name and style of "6 The City of Richmond;" and the 54th and 56th chapters of the Code of Virginia shall be applicable to the said corporation and the council of said city, so far as may be consistent with this act. 2. There shall continue to be for the said corporation a court, which shall be called the C' Court of Hustings for the City of Richmond;" and the same shall be held by the mayor, recorder and aldermen of said city, or any four or more of them, except where it is otherwise provided. 3. The said court shall continue to have jurisdiction, and the said mayor, recorder and aldermen shall continue each to have the powers of' a justice of the peace not only within said corporate limits, but also for the space of one mile on, the north side of James river without and around said city, arml every part thereof, including so much of the said river to low water mark on the shore of the county of Chesterfield, as shall be between two lines drawn due south from the eastern and western terminations of the one mile aforesaid, for matters arising within the same, according to the 4 CHARTER. laws of the commonwealth. And any presentment made in said court by a grand jury, for an offence against said laws committed within the jurisdiction of said court, may be prosecuted in said court in like manner and like proceedings be had thereon as in the county court of Henrico. 4. There shall be a board called the " Council of the City of Richmond," which shall be composed of fifteen members, of whom, until the council shall otherwise prescribe, five shall be for each ward. Of members of said court of hustings other than the mayor, there shall also be fifteen, of whom, until the council shall otherwise prescribe, there shall in like manner be five for each ward. 5. The council may grant compensation out of the funds of the city to the mayor of the city and the other members of the court of hustings. 6. There shall be an election annually in each wardl on the first Wednesday in April; or in case of failure to hold the election on that day, then on such day afterwards as the council may direct; which election in a ward shall be for its members of the council and members of the court of hustings, and for persons to fill, until the next annual election in said ward, the following officers for said city, to wit: mayor, superintendent of the gas works, superintendent of streets, superintendent of the water works, register of the water works, assessor, collector of the city taxes, sergeant, high constable, captain of the night watch, manager of the poorhouse, gauger, and measurer of grain. 7. At the first election held under the preceding section, there shall be held in like manner an election for the following officers, to wit: A clerk of the hustings court of' said city, an attorney for the commonwealth in said court, and a surveyor for said city; and on the same day in every sixth year thereafter there shall be elected a clerk of said court, and a surveyor; and in every fourth year thereafter there shall be elected an attorney for the commonwealth for said court; and every vacancy occurring in either of the offices CHARTER. 5 enum-nerated in thiis section, shall be filled by an election for so much of said term as remains unexpired, to be held at such timne as shall bie directed by the council, and in the manner prescribed in this act; and in case the vacancy be in the office of clerk, the said hustings court may appoint a clerk pro t(lmore, who shall discharge the duties until a clerk shall be elected and qualified. 8. At such election in a ward, any white male citizen of the commonwealth of the age of 21 years, who resides in such wardl, and is qualified to vote in the city for members of the general assembly, shall have a right to vote, and be eligible as member of the council or of the court of hustings. 9. For such election the city shall continue divided (as at present) into three wards, until the council shall lay it off into wards differently, or alter the wards. The said election shall be held at such place in each ward as shall have been prescribed by the council; the president or clerk of the council publishing previous to the election, notice of the time and place therefor, in two papers of the city for two weeks, or for such other time as the council may direct. 10. For superintending said election the council shall, previous thereto, appoint five persons in each ward as commissioners, any two or more of whom may act, to superintend the election in such ward; and the said commissioners shall have such powers and perform such duties as are prescribed by the sixth section of the seventh chapter of the Code of Virginia, after taking such oath as is mentioned in the seventh section of that chapter; a certificate of which oath shall be returned to the clerk of the council, to be preserved in his office. 11. The second section of said chapter shall apply to the poll at such election. An officer to conduct the election in each ward shall be appointed by the council; or if the council fail to do so, or the officer appointed by it fail to attend, by the commissioners. Under the superintendence and control of the commissioners, it shall be the duty of said 6 CHARTER. officer (after taking the oath prescribed by the tenth section of said chapter, a certificate whereof shall be returned to the clerk of the council,) to cause the polls to be opened publicly for the election in the ward for which he is appointed; to proclaim and see recorded the votes admitted by the commissioners; to preserve order and remove force. The said officer shall employ such writers, and at such rate of compensation as the council may direct; or in the absence of such direction, such writers, and at such rate as he shall think fit; and they shall respectively take an oath, to be administered by said officer, to record the votes faithfully and impartially. HIe shall deliver to each writer a pollbook for those offices as to which such writer is to record the votes; and each writer shall enter the name of each voter in a column under the name of each person for whom he votes for any of said offices. The said votes shall be given as prescribed by the fourth section of the third article of the constitution; but at the time a vote is given the officer shall receive of each voter a paper or ticket, (with his name written on it,) which shall specify the names of the persons for whom he votes, and for what office. 12. After the names of all the persons offering to vote before the time for closing the election shall have been thus entered, the officer shall conclude the poll. Immediately on the conclusion thereof, the correctness of the poll shall be certified by the commissioners superintending the election and by the officer conducting the same. 13. If a person vote more than once in the same election, all his votes except one shall be stricken from the poll. This shall be done in an election for members of the council or of the court of hustings, by the officer conducting the election for the ward in which such election is held, and in the election of other officers, by the officers conducting the elections in the several wards. It shall be done upon an examination of the polls to be had as soon as practicable after they are closed; and the officer or officers shall at the CHARTER. 7 same time attach to the poll a list of the votes stricken therefrom, and the reasons therefor. 14. The officer conducting the election in a ward shall then ascertain, declare and certify what persons are elected in said ward as members of the council; or if an equal number of votes be given for persons, of whom one or more, but not all, could lawfully be elected, he shall certify the name of each of said persons, and the number of votes given for him. He shall also ascertain and certify the name of each person voted for in such ward as a member of the court of hustings, and the number of votes given for him. And the officers conducting the elections in the several wards shall, in respect to each of the other offices for which an election is held, ascertain and certify the name of each person voted for for suclI office, and the number of votes given for him. 15. The certificates of said officers, with the polls and tickets, shall be delivered by them to the clerk of the council; whereupon, the persons appearing by said certificates to be elected in a ward as members of the council for such ward, shall be entitled, after taking the proper oath, to sit in the council until the council shall otherwise decide. The council shall ascertain, and upon their journal enter, what persons are elected from each ward as members of the court of hustings, and what person is elected to each of the offices for the city that are mentioned in the sixth and seventh sections. 16. The council may decide between two or more persons having an equal number of votes for the same office, which of them is elected; it may pass upon the qualifications of persons voted for; it may prescribe the manner of determining contested elections in cases not specially provided for by this act; it may prescribe the fines to be imposed on persons who vote illegally; and in regard to any other question in respect to which it directs a poll, it may make such rules and regulations as it may deem fit. 17. The council shall certify to the court of hustings the 8 CHARTER, names of the persons elected from each ward as members of said court, and the name of the person elected sergeant, and the name of the person elected high constable; and the said court shall take from said sergeant and constable respectively a bond in like manner as if it had appointed them. The council shall cause the several persons elected, to be notified of their election; and the persons elected members of the court of hustings shall elect from among themselves one person as recorder and one as senior alderman of the city, and certify such election to said court. The other persons elected members of said court shall be aldermen of the city. 18. The members of the council for any ward, who may be in office at the time an election is held for their successors, shall continue in office until said successors, or a majority of them are qualified. The members of the court of bustings elected from any ward, who may be in office at the time an election is held for their successors, shall also continue in office until said successors, or a majority of them, are qualified. And the mayor, and all other persons holding offices mentioned in the sixth and seventh sections, shall (unless sooner removed) continue in office, after their terms of service have expired, until their respective successors are qualified. 19. If the person who shall have received the highest number of votes for an office be adjudged by the council to be ineligible, or if in the case of a contested election the council decide that neither of the parties to the contest is entitled to the office for which the election was held, it shall, in either of said cases, order a new election to fill the vacancy, and prescribe the time therefor. And unless the council otherwise direct, such new election shall be conducted and superintended by the same officers who conducted and superintended the previous election, and shall be under the like regulations. 20. If during the term for which a person may have been CHARTER. 9 elected to any office herein mentioned, a vacancy occur in said office otherwise than is mentioned in the preceding and seventh sections, such vacancy may be filled by an appointment for so much of said term as is unexpired. Such appointment shall be by the court of hustings, if the vacancy be in the office of sergeant, high constable, recorder, senior alderman or any other alderman, and shall in other cases be by the council. The appointment, if the vacancy be in the office of recorder or senior alderman, shall be from among the other members of the court; if in the office of any other alderman or of a member of the council, from among the voters in the ward for which such member of the council was elected, or in which the number of aldermen is deficient; and if in any other office, from among those who would be eligible thereto if an election were held under any preceding section of this act. 21. If at any time one-fourth of the voters in the city shall, by petition, express as to any of the officers mentioned in the sixth section a desire for a change to enable the council or the court of hustings to appoint one or more of them, the council may by resolution direct a poll to be taken for and against such change, specifying in such resolution the particular office or offices as to which the change is proposed, and whether it is proposed that the appointment thereto shall be by the council or the court. The resolution shall designate a certain time for the poll, not less than one month from its date, and shall be published for one month, in at least two newspapers of the city. At the time designated, the poll shall be taken, superintended and conducted by the same officers, at the saine places and in like manner as the elections herein before mentioned. If a majority of the votes be in favor of the change proposed, the council shall have the fact entered on their journal, and thenceforth there shall be no new election under the sixth section for the particular office or offices specified in the re. solution' but at the expiration of the year for which an 2 10 CHxARTER. election shall have been made to said office or offices, the same shall be filled by an appointment to be made by the council or the court, according as the one or the other shall have been proposed and voted for. 22. The corporation of the city of Richmond shall have all the estates, rights, titles and privileges; all the funds, revenues and claims, and all the powers, capacities, franchises and immunities which were vested in, or conferred upon, or belonged, or appertained to the city of Richmond, or to the mayor, aldermen and commonalty of the city of Richmond, by or under any act or acts of the general assembly heretofore passed, and not in conflict with this act. Especially shall it continue to have the power of purchasing and holding estates, real and personal, either for the proper use of said city, or in trust for the benefit of any persons or associations therein, and of granting such estates. 23. All the estates, rights, titles and privileges, and all the funds, revenues and claims of the city shall be under the care, management, control and disposition of the council; and all the corporate powers, capacities, franchises and immunities of the city shall be exercised by the council or under its authority, unless it be otherwise expressly provided. 24. The council shall have power to have in or convenient to the city, lands to be appropriated, improved and kept in order as places for the interment of the dead, or as places for city grounds, or as places for gas works, or water works, or the pipes, fixtures and other things connected therewith, and may regulate and charge for the use of ground in said places of interment, and the use of light and water. The council shall have power to prevent injury to any of said places, pipes, fixtures or other things, and prevent the water with which citizens are to be supplied, from being polluted either in the river or otherwise; and for these purposes, shall have jurisdiction over the territory of which the court of hustings has jurisdiction under the third section. CHARTER. 11 25. The council may, from their own body, or from among the citizens, appoint trustees of the Richmond Lancasterian school, and make regulations for the government of the trustees and of the school. They may also establish other schools, and regulate the system of education therein; may provide or aid in the support of public libraries, to which the citizens may resort; and may establish an athenenum or lyceum for the diffusion of knowledge by lectures or otherwise. 26. The council may open or extend, widen or narrow, lay out and graduate, pave and otherwise improve streets and public alleys in the city, and have them properly lighted and kept in good order; and they shall have over any street or alley in the city which has been or may be ceded to the city, like authority as over other streets and alleys. 27. The council may establish, construct, and keep in order, and may alter or remove landings, wharves and docks on land belonging to the city; and may lay and collect a reasonable duty on vessels coming to and using the same, and may regulate the manner of using other wharves and landings within the corporate limits. They may also appoint port wardens for the port of said city, prescribe their duties, and fix their fees or compensation. 28. The council may prescribe the duties of the surveyor, and regulate his compensation or fees of office; and his surveys and acts shall have the like validity and effect as surveys and acts made or done by a surveyor of a county. 29. If any land in the city be subject to be covered by stagnant water, or if the owner or occupier thereof permit any offensive or unwholesome substance to remain or accumulate thereon, the council, after giving reasonable notice to the owner or occupier in the manner prescribed by chapter 167 of the Code of Virginia, may cause such land to be filled up, raised or drained, or such substance to be covered or removed, and may collect the expense of so doing from 12 CHARTERo the owner or occupier in like manner as taxes due from him to the city would be collected. 30. The council may prevent hogs, dogs and other ani; mals from running at large within the corporate limits, and may subject the same to such regulations and taxes as they deem proper. They may prohibit negroes from raising hogs or keeping dogs within said limits. And they may prevent the riding or driving of horses or other animals, or the running of steam engines at an improper speed within said limits, or exclude said engines, provided no contract be thereby violated. 31. The council may require spirituous liquors, wine, oil, molasses, vinegar, and spirits of turpentine, in casks, to be gauged and inspected, and may make such provision for the weighing of hay, fodder, oats, shucks, or other long forage as will not be in conflict with the act passed the 22d of March, 1847, to prevent the authorities of said city from laying and collecting a tax upon the bales of hay sent by the farmers of the State to said city. They may also provide for measuring corn, oats, grain, coal, stone, wood, lumber, boards, potatoes, and other articles for sale or barter. 32. The council may require owners or employers of negroes, in said city, to provide them with board and lodging, and may impose penalties on said owners and employers for failing to make such provision. They may declare what in said city shall be an unlawful assembly of negroes, and may empower their officers of police to enter the place of such assembly and seize such negroes, and may prescribe the punishment of such negroes and the fine to be imposed on a person permitting such unlawful assembly on his lot or tenement. 33. The council may adopt measures to suppress riots, gaming and tippling houses, and upon persons who unlawfully sell by retail wine, ardent spirits, or a mixture thereof, may impose fines in addition to those prescribed by the laws of the State. They may also adopt measures to prevent CHARTER. 13 lewd, indecent or disorderly conduct in the city, and to expel therefrom persons guilty of such conduct, who shall not have resided therein as much as one year. 34. The council may provide workhouses, houses of refuge, or houses of correction, prescribe for what conduct, for what time, and in what manner persons may be confined or employed at or in said houses, and may enforce such confinement; and may prescribe discipline for said houses and persons. 35. The council may, on the petition of the owner or owners of not less than two-thirds of the ground in any square of said city, prohibit the erection in such square of any building, or of any addition to any building more than ten feet high, unless the outer walls thereof be made of brick and mortar, or stone and mortar, and provide for the removal of any building or addition, which shall be erected contrary to such prohibition, at the expense of the builder or builders, owner or owners thereof. 36. For paying the interest and redeeming the principal of loans contracted, and for the execution of any of its powers, the council may tax real property in said city in proportion to its value, which shall be ascertained in such manner as the council may prescribe. They may also tax slaves in the city above the age of twelve years, and such other personal property therein as they may deem proper. They may levy a tax on occupiers of houses, and on free male persons in the city above the age of sixteen years, and they may tax a lot adjoining a street on which paving is done, or curbstone put down, (whether on the sidewalk or carriage way,) not exceeding two-thirds of the expense of the curbstone, or paving on that half of the street opposite such lot. 37. The collector of the city taxes may distrain and sell therefor in like manner as a sheriff may distrain and sell for State taxes; and shall have in other respects like powers to enforce the collection thereof. 380 There shall be a lien on real estate for the city taxes 14 CHARTER. assessed thereon from the commencement of the year for which they are assessed. The council may require real estate in the city, delinquent for the non-payment of taxes, to be sold for said taxes, with interest thereon, and such per centum as they may prescribe for charges; and they may regulate the terms on which real estate so delinquent may be redeemed, 39. The council may grant or refuse licenses to auctioneers, and require taxes to be paid on their licenses, in addition to any tax paid by them to the State; and may regulate sales at auction within the city, and require a per centum to be paid on any such sales, (except sales in the city under the judgment or decree of a court or magistrate of this State,) and may require bond with security for the payment of such per centura. 40. The council may grant or refuse licenses for theatrical performances in a public theatre, or for any public show, exhibition or performance elsewhere, and may require taxes to be paid on such licenses, and make regulations as to the houses or rooms for any such show, exhibition or performance. 41. The council may grant or refuse licenses to the owners or keepers of wagons, drays, carts, hacks, and other wheeled carriages, kept or employed in the city for hire, and may require taxes to be paid thereon, and subject the same to such regulations as they may deem proper. 42. The council may grant or refuse licenses to hawkers and pedlars in the city, under such regulations as they may deem proper, and may require taxes to be paid on such licenses. 43. The council may provide that no agent or sub-agent of any insurance company or office incorporated or authorized by another State shall establish or keep any office, or transact the business of his agency within this city without obtaining a license therefor, and may require payment of a tax on such license, and of a per centum on the premiums CHARTER. 15 received by such agent or sub-agent, and bond with security for the payment of such per centum. 44. The council may tax within the city every person who keeps an ordinary or house of entertainment, public or private; a public eating house or coffee house; a private negro jail, or a place wherein slaves are confined and boarded; and may tax every person who is an agent to hire or sell slaves for profit; every person who is a dealer in horses or mules; every person who keeps a livery stable; every broker; every person who sells or barters any patent, specific or quack medicine, and all sellers of spirituous liquors, shopkeepers, merchants and traders. They may levy taxes on incomes and licenses of persons in the city, in cases not herein otherwise provided for; subject, however, to the proviso in the 25th section of the 4th article of the constitution. 45. On the petition of one-fourth of the freeholders of the city, the council may by resolution direct a poll to take the sense of the freeholders of the city on the question whether the council on behalf of the city shall subscribe to the stock of a company incorporated for a work of internal improvement in this State (which or any part of which is to be constructed in or near the city) an amount not exceeding a certain maximum to be stated in the resolution. The resolution shall designate a certain time for the poll, not less than one month from its date, and shall be published for one month in at least two newspapers of the city. At the time designated, commissioners appointed by the council shall, after taking an oath fairly to take and return the poll, proceed in the city in like manner as commissioners acting under the 38th and 39th sections of chapter 61 of the Code, proceed in a county, except that the polls, instead of being of freeholders of the county, and at the courthouse of the county, and at other places, shall be of freeholders of the city, and at the courthouse of the city, and other places at which elections are held in the wards; and instead of being returned to the clerk of the county court, shall be returned 16 CHARTER. to the clerk of the council. If by the poll-books it appears that a majority of the freeholders of the city voting upon the question are in favor of the subscription, the council may subscribe on behalf of the city for stock in said company to an amount not exceeding the maximum mentioned in said resolution. 46. The council may in the name, and for the use of the city, contract loans, or cause to be issued certificates of debt or bonds; but such loans, certificates or bonds, shall not be irredeemable for a period greater than thirty-four years. 47. There shall be set apart annually, from the accruing revenues of the city, a sum equal to seven per cent. of the city debt existing at the commencement of this act. The fund thus set apart shall be called the Sinking Fund, and shall be applied to the payment of the interest of the city debt, and the principal of such part as may be redeemable. If no part be redeemable, then the residue of the sinking fund, after the payment of such interest, shall be invested in the bonds or certificates of debt of the city, or of this State, or of the United States, or of some of the States of this Union, and applied to the payment of the city debt, as it shall become redeemable. 48. Whenever after the commencement of this act there shall be contracted by the city any debt not payable within the next twelve months, there shall be set apart in like manner annually, for thirty-four years, or until the debt is paid, a sum exceeding by one per cent. the aggregate amount of the annual interest agreed to be paid thereon at the time of its contraction; which sum shall be part of the sinking fund, and shall be applied in the manner before directed. 49. The council shall not appropriate any part of the sinking fund, or its accruing interest, otherwise than is mentioned in the two preceding sections, except in time of war, insurrection or invasion. 50. Any claim to a fine or penalty under this act, or under any ordinance, or by law of the city, if it be limited to an CGARTER, 1I amount not exceeding twenty dollars, and any other claim against the city, or a person therein, if it be of no greater value or amount than fifty dollars, (exclusive of interest,) shall be cognizable by the mayor, recorder, or any alderman of the city. The mayor, or when he is absent from the city, or his office vacant, the recorder; or if he be absent from the city, or his office vacant, the senior alderman shall sit every day except Sunday, in such place as the council may designate, and take cognizance of such cases as may be brought before him under the laws of the State, and of all cases in which any ordinance or by law of the city is alleged to have been violated. 51. The high constable of the city shall in civil cases have the same powers, duties and fees, and be subject to the same penalties as are prescribed by law as to other constables; and no constable of the county of Henrico shall within the corporate limits execute a warrant issued by a justice of the peace in a civil case, or an execution issued on a judgment obtained on such a warrant, The said high constable may, with the consent of the court of hustings, appoint any person as his deputy, of whom the court shall enter of record that he is a man of honesty and good demeanor. Any such deputy may be removed from office by his principal or by the court. During his continuance in office, he may discharge any of the official duties of his principal. 52. The council may appoint such officers as they may deem proper, in addition to those herein before provided for, and may define the powers and prescribe the duties and compensation, not only of officers so appointed, but also of the superintendents of the streets and gas works, superintendent and register of the water works, assessor and colt lector of the city taxes, captain of the night watch, gauger, measurer of grain, and manager of the poorhouse, and may take from any of said officers bonds with sureties in such penalty as to the council may seem fit, payable to the city so 18 ChARTER. by its corporate name, and conditioned for the faithful discharge of the said duties. Any of said officers may be removed from office by the council for misconduct or neglect of official duty; and the council may declare when the office of any of them shall become vacant by a failure to qualify. All officers appointed by the council may be removed from office at its pleasure. 53. The police officers of the city, or such of them as the council may designate for the purpose, shall, in criminal cases, have the same powers, duties and fees, and be subject to the same penalties that are prescribed by law as to constables; and in proceedings for violations of this act, or of any ordinance or by-law of the city, said officers shall act to such extent and in such manner as the council may direct. 54. No person shall be capable of holding at the same time more than one of the offices mentioned in the sixth and seventh sections. 55. In all courts, this act shall be construed as favorably for the city as the nature of the case will admit of. 56. The persons who, under the 3d section of the act passed the 29th of March 1851, to amend the charter of the city of Richmond, and for other purposes, shall have been appointed during the present year for each ward, shall, at the place appointed under that section, in their ward, open a poll-book on the first Wednesday in April next, to be headed " The Charter as Revised," and to contain two separate columns: the first column to be headed'" For the Revised Charter;" the other to be headed' Against the Revised Charter." And the said persons shall in their respective wards then and there receive and have recorded in said poll-book the votes for and against this charter of all persons qualified to vote under the charter now existing, who may offer to vote; and after proceeding in other respects as required by the provisions of the charter of the 21st of February, 1842, as amended by the said act of the 29th of March 1851, so far as those provisions may be applicable, shall ascertain and certify the number of votes given for and CHARTER. 19 the number of votes given against this revised charter, and cause their certificates with the polls to be delivered to the clerk of the council. The council, upon receiving said certificates and polls, shall ascertain the result of the polls, and forthwith enter upon their journal the aggregate vote for and against the revised charter; and if it appear that a majority of the votes cast is against the revised charter, the proceedings shall thenceforth be as they would have been if this act had not passed. But if it appear that a majority of the votes cast is for the revised charter, then the nine persons elected on the first Wednesday of April next from each ward, under the 5th section of the charter of the 21st of February, 1842, (or a majority of them,) shall elect from among themselves one person as senior alderman, and ten others as aldermen of the city, (distributing the recorder and aldermen equally among the several wards;) and from the residue shall designate five from each ward to be members of the council of the city. And thenceforth all the other sections of this act shall be in force. 57. All persons who shall, on the first Wednesday in April next, be in office under the existing charter, shall continue in office until their successors are qualified. And the persons who, under the existing charter and the preceding section of this act, may, during the present year, be elected recorder and aldermen, or be designated as members of the council, and the persons who, on the said first Wednesday in April, may, under the existing charter, be elected to other offices, shall after being duly qualified, continue in office until their successors elected or appointed under this act shall be qualified. And all ordinances of the city in force on the said first Wednesday in April, (so far as consistent herewith,) and all rights, prosecutions, actions, claims and contracts, shall remain and continue as if this act had not passed. 58. The fifty-sixth section of this act shall be in force from its passage. AN ACOT TO REVISE AND AMEND THE CHARTER OF THE CITY OF RICHMOND. [PASsED FEBRUARY' 21ST, 1842.] 1. Boundaries of the city; corporate 19. Vacancies to be filled; by whom, name; powers. and how. 2. What transferred and vested in the 20. Oaths of office to be taken before corporation. service; failure vacates office. 8. What real estate vested in the cor- 21. President of council, how elected; poration; how held. his powers and duties; president pro 4. What bonds, &c., claims, &c., good tem, against the "' City of Richmond." 22. Quorum of council; majority of 6. Qualification of voters; what regu- members present necessary to bind. lations may be prescribed by coun- 23. Council may pay themselves, mayor, cil. &c., out of city funds. 6, When election of members; mayor, 24. May make rules, appoint officers and &c. when and how elected; who to clerks; to keep record of proceedings. constitute council. 25. Corporate powers, &c., vested in 7. Qualificationof members and officers. council; property, &c., under its 8. Wards may be changed by council. control, &c. 9. How elections conducted. 26. Power of the council to pass by10. Who shall conduct elections. laws, rules and ordinances. 11. Sergeant may appoint person to con- 27. Power of the council to appoint and duct election in his absence. remove officers of the city, and con12. Deputy to take oath; by whom and trol them. to whom returns of election made. 28. Bonds of city officers, to whom pay13. Deputy absent, sergeant may appoint able; how prosecuted. another. 29. Power of council in relation to mar14. Election in each ward on same day; kets. when exception. 30. Power of the council in relation to 15. In what wards votes to be given; hospitals, &c.; the poor; overseers freeholders living out of the city may of poor, &c. vote, 31. Power of the council in relation to 16. How qualifications of persons elected public buildings, burying grounds, determined; when another election. powder magazine, &c. 17. Who shall be considered elected; 32. Power of the council in relation to a who to decide when a tie. city prison. 18. When service of mayor, &c., and 33. Power of the council in relation to members to commence; duration ot dangerous diseases, hospitals, board service; re-eligible. of health. CHARTER OF 1842. 21 34. Power in relation to accidents by 58. Power in relation to hacks, carts, fire, and fire companies. wagons, drays, &c. 35. Power in relation to water works. 59. Power to impose fines for doing any36. Power in relation to a city watch. thing without license, for which it is 37. Power in relation to landings, required. wharves and docks, port wardens. 60. Power in relation to borrowing mo38. Power in relation to the surveyor of ney, and security for it. the city; the effect of his surveys. 61. Moneys received for the city shall be 39. Power in relation to streets, walks, paid over as council shall direct. alleys, market grounds and public 62. Power of the council in relation to squares. the public square. 40. Private property not to be taken 63. Copies of ordinances, &c. when eviwithout compensation; how price dence. may be ascertained. 64. Who may hold court of hustings; 41. Power of the council over streets and when. ceded to the city. 65. Fow far jurisdiction of court shall 42. Power of the council in relation to extend. the Lancasterian school. 66. Jurisdiction of court. 43. Power in relation to wood buildings. 67. Jurisdiction of court in criminal 44. Power in relation to nuisances;i matters. slaughter houses; offensive trades. 68. Quarterly courts; when held; 45. Power to fill up lots, and remove grand jury. offensive substances. 69. Presentments and pleas of common46. Power in relation to hogs, dogs, wealth triable at any term of the &c. court. 47. Power in relation to firing guns, 70. Hustings court a court of record; crackers, &c.; running steam en- its powers. gines. 71. Powers of mayor, recorder and 48. Power in relation to weighing and aldermen; county magistrates and measuring long forage, coal, &c. constables; what they shall not do. 49. Power in relation to thieves, &c., 72. Power of court to appoint a serriots, gaming, lewd and disorderly geant and constable, &c.; duties of conduct. these officers; deputies; fees. 50. Power in relation to taxation, and 73. Authority of the mayor; keeper of appointment of assessors and collect- the seal of the corporation; when ors. appeal to the hustings court; how 61. When collector may distrain for obtained. taxes, and what. 74. Mayor to hold court; how often; 52. Power of council to have land sold where; when; his jurisdiction to for non-payment of taxes; taxes supervise police. lien upon land. 75. When office of mayor vacant, who 53. Tenant paying taxes on real estate shall act. may deduct it from his rent, or sue 76. Mayor to conduct election of deleowner for it. gate, senator, member of congress; 54. Tax on land of non-resident; how it penalty for failure. may be collected. 77. What fines and penalties recoverable 55. Power of council in relation to sales before the mayor. at auction. 78. Where constitutionality of by-law, 56. Power of council to tax ordinaries, &c., involved, may be appeal to cir&c., boarding houses, &c., places of cult court; when and how obtained. amusement. 79. Act to be construed favorably for 57. Power of the council in relation to the city. theatrical exhibitions, shows, &c. 80. Repealing clause. 22 CHARTER. 1. Be it enacted by the general assembly, That the territory contained within the limits prescribed by sundry acts of assembly heretofore passed, and more particularly described and marked upon a map prepared by Micajah Bates, under the direction of the corporate authorities of the city of Richmond, dated in 1835, shall be deemed and taken as the city of Richmond, and the freeholders, housekeepers and inhabitants within the said limits, and their successors, shall be, and they are hereby made a body politic and corporate, by the name and style of "The City of Richmond," and as such, and by that name, may contract, and be contracted with, sue and be sued, plead and be impleaded, answer and be dnswered unto, and may purchase, take, receive, hold and use goods and chattels, lands and tenements, and choses in action, or any interest, right or estate therein, either for the proper use of the said city, or in trust for the benefit of any persons or association therein; and the same may grant, sell, convey, transfer and assign, let, pledge, mortgage, charge and encumber in any case, and in any manner in which it would be lawful for a private individual so to do; and may have and use a common seal, and alter and renew the same at pleasure; and generally shall have all the rights, franchises, capacities and powers appertaining to municipal corporations in this Commonwealth. 2. All the real and personal estate, and all the funds, rights, titles, taxes, credits and claims, and rights of action of the mayor, aldermen and commonalty of the city of Richmond, or which are held in trust, or have been appropriated for the use or benefit of the said mayor, aldermen and commonalty, or of the inhabitants of the said city, shall be, and the same are hereby transferred to and vested in the said "City of Richmond" hereby incorporated. 3. All real. and personal estate heretofore conveyed to the said mayor, aldermen, and commonalty in trust, or for the use, benefit or advantage of any persons or associations, shall be, and the same is hereby transferred to and vested in CHARTER OF 1842. 23 c" The City of Richmond," to be held subject to all the trusts, conditions and qualifications to which it would have been subject in the possession of the said mayor, aldermen and commonalty, if this act had not been passed. 4. All bonds and writings obligatory, or contracts with, and all rights, claims and demands against the said mayor, aldermen and commonalty, shall be good in law for or against The City of Richmond, the same as they would have been for or against the said mayor, aldermen and commonalty, if this act had not been passed. 5. At all elections which shall be held by the voters of said city for the corporate authorities thereof, the following persons shall be entitled to vote, viz: the freeholders of lots within the said city, whether improved or not, and whether such freeholders reside theiein or not, and the housekeepers, and also the inhabitants of the said city who shall have resided therein for the next preceding one twelve months, such housekeepers or inhabitants possessing in their own right within the same, moveable or immoveable property to the value of one hundred pounds, and such fieeholders, housekeepers and inhabitants being citizens of the United States. But nothing in this section, or in any other part of this act, shall be construed to prevent the council from prescribing by ordinance, such rules and regulations as may be deemed necessary and proper for ascertaining the qualifications of electors, the mode of obtaining proof in case of contested elections, and in all questions submitted to the vote of the people, and for preventing abuses in the exercise of the right of suffrage. 6. On the first Wednesday in April next, and annually thereafter, the said persons entitled to the right of suffrage, shall assemble in the wards in which they respectively reside, and elect nine persons from each ward to represent the same in the several offices herein provided for. The persons thus elected, or a majority of them, shall within, one week, publicly elect by viva voce vote, from among them 24 CHARTER. selves, or from the body of the citizens of the said city, one person to act as mayor; and they shall in like manner elect from among themselves one person as recorder, one as senior alderman, and ten others as aldermen of the said city, (distributing the recorder and aldermen equally among the several wards,) and the residue shall constitute a board, which shall be called the council of the city of Richmond. 7. No person shall be eligible as recorder, aldermanrl, or member of the council, unless he be a citizen of the United States, a freeholder and inhabitant of said city, and reside within the limits of the ward by which he was elected, and shall have resided in said city for at least one year previous to his election. And no keeper of an ordinary in said city shall be capable of serving as mayor, recorder, alderman or member of the council. 8. The city shall be divided as at present into three wards; but the council shall have authority at any time to alter the boundaries between any of the wards, or to divide or consolidate any of the wards, but in such case they shall re-apportion the number of persons to be elected from each ward, so as to give to the wards so altered or created their proper representation. 9. The elections shall be conducted in the following manner: The sergeant of the city shall appoint, annually, one place in each ward, the most convenient for the electors duly qualified by the law to assemble at, and give their votes viva voce. Of the places thus appointed by him the citizens shall be notified by publication, in one of the gazettes of the city one month previous to the election, and if unavoidable causes should render a change of either of those places necessary, it shall be the duty of the sergeant to have such change announced on the day of election in the daily newspapers of the city, or by printed handbills. 10. The sergeant shall hold the election in the ward in which he resides, and shall appoint in writing, previous to the election, a deputy in each of the other wards, to hold an CHARTE R o 184 2. 25 election therein, who shall be invested for that purpose with the same powers and restricted by the same disabilities as him self. 11. In case of the inability of the sergeant, from sickness or from other cause, to hold the election in the ward in which he resides, he shall have full power and authority to appoint in writing at any time before or on the day of election, a deputy to hold the said election in said ward, who shall be invested with the same powers and be restricted by the same disabilities as himself. 12. Any deputy appointed as aforesaid shall act under the obligation of an oath, to be administered to him by a magistrate, faithfully to execute the powers conferred by the said appointment. And each and every deputy shall make return to the sergeant, and if from any cause there be no sergeant, then to the chamberlain of the city, of the number of votes given to the respective candidates in the ward in which he acted as deputy, which, with the votes given in his own ward, when he acts in lieu of his deputy, shall be published in some gazette in said city, and be lodged with the clerk of the court of hustings. 13. In case of the death, resignation, inability to perform the duties, or absence of either or all the deputies, the sergeant shall on the day of the election appoint, with similar formalities, another deputy or other deputies to supply the vacancy or vacancies. 14. The said elections shall be held in all the wards on the same day; but if for any cause the elections shall not be held in either ward, or in all the wards on the day prescribed by this act, the sergeant or his deputy or deputies shall proceed to hold the same as soon as such cause is removed, after three days notice in the daily newspapers. 15. No elector shall be permitted to vote in any ward but that in which he resides; and if a question arises in what ward he has the right of voting, he shall be permitted to vote on taking an oath, which the officer conducting the 4 26 CHARTERo election shall administer, or making solemn affirmation in this form: I do swear, (or do solemnly affirm,) that I do in my conscience believe myself to be a resident of ward No. duly qualified by law to vote for aldermen and members of the council of the city of Richmond, according to an act, entitled, "I.An act to revise and amend the charter of thle city of Richmond." Of which oath or affirmation a note shall be made in the poll book opposite to and referring to the name of the person swearing or affirming; the making of which oath or affirmation falsely shall be perjury: Provided always, That the names of electors offering to be polled but refusing to make such oath or affirmation, shall be entered on the poll books in separate lists with the names of the candidates for whom they voted, and shall be added to the poll, if upon scrutiny the votes be justified: And provided further, That the freeholders of lots in the said city who do not reside therein, shall be entitled to vote in the respective wards in which their lots may be situated, but no such freeholder shall vote in more than one ward. 16. The qualifications of any person or persons elected as aforesaid, shall be adjudged of by the whole number of persons elected, or a majority of them; and if any person returned by the sergeant or his deputies shall be adjudged disqualified, notice thereof shall be given to the sergeant, who shall forthwith hold another election to supply the vacancy in manner aforesaid. 17. At all elections which shall be held as aforesaid, the person or persons who shall receive the highest number of votes, if duly qualified, shall be considered as elected. And if two or more persons receive an equal number of votes, the sergeant, or in case of his inability to hold the election, a majority of the deputies shall decide between the persons so tied. 18. The services of the mayor, recorder, aldermen and councilmen shall commence from the day of election, and continue for one year, and until their successors are duly CHARTER OF 1842, 27 elected and qualified. Any person may be re-elected from time to time. 19. Vacancies occasioned by the death, disability or resignation during the period for which the said persons shall be elected, shall, be supplied by the council: that is to say, a vacancy in the office of mayor, by the election of a successor from among themselves or from the body of the citizens, to serve for the unexpired term of the said office of mayor; a vacancy in the office of recorder, shall be supplied out of the persons elected as aldermen; a vacancy in the office of aldermen, out of the members composing the council, or from the resident fieeholders of the city; and a vacancy in the council, out of the inhabitants of the said city who are freeholders, qualified as required by this act, always preserving an equal number of members of the council and of aldermen in the several wards. 20. Neither the mayor, recorder, nor any alderman of the said city shall be competent to act until he shall have taken the oaths or affirmations required by law before some justice of the peace for the county of Henrico, in presence of the court of hustings, or of some meeting of the council. Each member of the council also, shall take an oath or affirmation (to be administered by the mayor) to perform the duties of his office honestly and to the best of his capacity. And if any person elected to any of the said offices, shall not have taken such oath or affirmation within such time after his election as the council shall have by ordinance prescribed, he shall be considered as having vacated his office. 21. The council shall elect one of its members to act as president, who shall preside at its meetings, and continue in office one year; and when from any cause he shall be absent, they may appoint a president pro tempore, who shall preside during the absence of the president. The president shall sign all ordinances and regulations passed at any meeting when he presides, or if he is not present, such ordinances and regulations shall be signed by the person acting 28 CHARTER. as president, when the proceedings are read to the next meeting of the council. The president shall have power at any time to call a meeting of the council; and in case of his absence, sickness, disability or refusal, the council may be convened, by the order in writing of any three members of the council, directed to one of the officers of police. 22. Nine members of the council shall constitute a quorum for the transaction of business, and no by-law, ordinance or regulation shall be binding, unless the same shall have been passed by the voices of a majority of the members of the council who are present. 2,3. The council shall be authorized to grant compensation to the members of their own body, and to the mayor, recorder and aldermen of the city, the said compensation to be paid out of the funds of the city. 24. The council shall have authority to adopt such rules and to appoint such officers and clerks as they may deem proper for the regulation of their proceedings, and for the convenient transaction of their business. They shall keep a record of their proceedings, which shall at all times be open to the inspection of any voter of said city, and at the request of any member present, the ayes and noes on any question put, shall be taken and entered in the journal. 25. All the corporate powers, capacities and jurisdiction of said city shall be vested in and exercised by the council, unless otherwise expressly enacted. And all the real and personal estate, and the funds, revenues, claims, rights, titles and privileges of said city shall be under the care, management, control and disposition of the council. 26. The council shall have authority to pass all by-laws, rules and ordinances (not repugnant to the constitution and laws of the United States, or of this State,) which shall be necessary for the good ordering and government of such persons as shall from time to time reside within the limits of the said city, or shall be concerned in interest therein, or which shall be necessary or proper to carry into full effect CHARTER OF 1842. 29 any power, authority, capacity or jurisdiction, which is or shall be granted to or vested in the said city, or in the council, or any officer of said city; or which they shall deem necessary for the peace, health or safety of said city, or of the people or property therein. And to enforce any or all of their ordinances by reasonable fines and penalties, not exceeding for any one offence the sum of twenty dollars. They shall have and may exercise all the powers, franchises and immunities, rights and privileges which are conferred upon, or belonged or appertained to the mayor, aldermen and commonalty of the city of Richmond, by virtue of any act or acts of the general assembly of this State heretofore passed and not in conflict with this act. 27. The council shall have authority to provide by ordinance for the appointment of such officers as shall be necessary or proper to carry into full effect any authority, power, capacity or jurisdiction which is or shall be vested in the said city, or in the council, or in the mayor or aldermen thereof, except as hereinafter provided for; to grant to the officers so appointed the powers necessary or proper for the purposes above mentioned; to define their duties; to fix their terms of office; to allow them reasonable fees and cornpensation, and to require and take of all or any of them such bonds, obligations, or other writings as they shall deem necessary or proper to ensure the proper performance of their several duties. All officers so appointed may be removed from office at the pleasure of the council; and unless their terms of office be otherwise fixed by ordinance, they shall be considered as holding their respective offices at the pleasure of the council. 28. All bonds, obligations, or other writings, taken in pursuance of the preceding section, shall be made payable to "IThe City of Richmond. And the respective persons, their heirs, executors and administrators, bound thereby, shall be subject to the same proceedings on the said bonds, obligations, or other writings, for enforcing the conditions and 30 CHARTER. terms thereof, by motion or otherwise, before any court of record whose sessions are or shall be held in said city, that collectors of the county levies and their securities are or shall be subject to on their bonds for enforcing the payment of the county levies. 29. The council shall have authority to establish markets in and for said city; to appoint clerks and proper officers therefor; to prescribe the times and places for holding the same; to provide suitable buildings therefore and to ordain and enforce such regulations respecting the said markets as in their opinion the convenience or interest of the inhabitants of said city shall require. They shall further have authority to ordain and enforce such regulations as shall be necessary or proper to prevent forestalling and regrating. 30. The council shall have authority to erect or provide suitable hospitals, workhouses, houses of correction, and houses for the reception and maintenance of the poor and destitute; they shall possess and exercise exclusive authority over all persons within the limits of said city, receiving or entitled to the benefit of the poor laws; appoint overseers of the poor, managers and other persons connected with poor and workhouses, and ordain such regulations on the subject of pauperism within the jurisdictional limits of the said city as may be deemed expedient. 31. The council shall have authority to erect and keep in order all public buildings necessary or proper for said city; to provide burying grounds and grave yards in or near said city, and to regulate the same; and to provide suitablle magazines in or near said city for the storage of gunpowder, or other combustible and dangerous articles, and to ordain and enforce such regulations as they may deem necessary respecting the places and manner of keeping and transporting the same. 32. It shall be lawful for the council to cause to be erected within said city a city prison, and to ordain and enforce all necessary or proper regulations respecting the same; and CHARTER OF 1842. 31 said prison may contain such apartments as shall be necessary for the safe keeping and employment of all persons confined therein. The council shall have authority, if they believe the interests of the city and the comfort of the prisoners confined in their prison will be promoted thereby, to accept written proposals from time to time from persons other than the keepers of said prison, and contract for furnishing the said prisoners with good and wholesome food, clothing, bedding and fuel, as required by the laws of the commonwealth: Provided always, That nothing herein contained shall deprive the circuit superior court of law and chancery for the said city of the power to compel the corporate authorities of said city to keep the said prison in a clean and wholesome condition, and for such purpose to cause the same from time to time to be inspected by proper persons, and to exercise the same authority and control in relation thereto, which the circuit courts in this commonwealth are or shall be authorized to exercise in respect to the jails in their respective counties: And provided also, That the grand juries summoned and impannelled for the hustings court of said city, shall possess and may exercise all the powers and authority vested in them by the laws of the State in inspecting and examining the condition of the said jail. 33. The council shall have exclusive authority to ordain and enforce such regulations within the said city as shall be necessary or proper to secure the inhabitants thereof from contagious, infectious, or other dangerous diseases; to establish, erect and regulate hospitals in or near said city; to provide for and enforce the removal of patients to said hospitals, and for the appointment and organization of a board of health for said city, invest it with such powers, and ordain and enforce such regulations for its government and support, and for the prompt and efficient performance of its duties, as shall be necessary or usual for the purposes aforesaid. 34. The council shall have authority to ordain and en 32 CHARTER. force such regulations as shall be necessary or proper to prevent accidents by fire within the said city, or to secure the inhabitants thereof, and their property, as far as practicable, from injury thereby; and specially to provide for the establishment, organization, equipment and government of fire companies in said city, and to purchase fire engines or other apparatus, and to keep the same in good order. 35. The council shall have authority to establish water works within or without the limits of the said city, to contract and agree with the owners of any land for the use or purchase thereof, for the location, extension or enlargement of their said works, the pipes connected therewith, or any of the fixtures or appurtenances thereof, and in case of disagreement, or if the owner thereof befeme covert, under age, non comnpos mentis, out of the State, or unknown, to apply to and obtain from the court for the county of Henrico, or the circuit superior court of law and chancery thereof, a writ of cad quod damnum in the manner heretofore provided by law, to condemn the same for the purposes aforesaid. They shall have power to protect from injury by adequate penalties, the said works, pipes, fixtures and land, or any thing connected therewith, within or without the limits of said city, and to prevent the pollution of the water in the river, by prohibiting the throwing of filth or offensive matter therein above the said water works, within the jurisdiction of the city. 36. The council shall have authority to provide for the appointment, organization, compensation and regulation of a city watch; to prescribe the duties, and to define the powers of the several officers, members and classes thereof, in such manner as will most effectually preserve the good order and peace of the said city, and secure the inhabitants thereof from personal violence, and their property from loss or injury. 37. It shall be lawful for the council to establish and construct landings, wharves and docks, on any ground which does or shall belong to the said city, and to repair, alter or CHARTER OF 1842. 33 remove any landing, wharf or dock, which has been, or shall be so constructed; and to lay and collect a reasonable duty on the vessels coming to and using the same. And they shall have power to pass and enforce such ordinances as shall be proper to keep the same in proper order and repair, to preserve peace and good order at the same, as well as at all other wharves and landings in said city, and to regulate the manner in which they shall be used. They shall have power also to appoint as many portwardens for the port of said city as may appear necessary, to prescribe their duties, fix their fees, and make all regulations in respect to said officers as to them may seem expedient. 38. The council shall have authority to appoint a surveyor for the said city, to prescribe his duties, and to establish and regulate his salary or fees of office; which surveyor shall be examined and commissioned in the manner directed by the law concerning county surveyors; and all surveys or other acts which shall be made or done by said surveyor, by virtue of any order of court, shall be as valid and effectual as if the same were made or done by a surveyor of a county. 39. It shall be lawful for the council within said city to establish the width, and ascertain the location of the present streets, walks and alleys; to lay out and cause to be opened any new streets, walks, alleys, market grounds and public squares; to extend or widen any of said streets, walks or alleys, market grounds and public squares, first having obtained title to the ground necessary for that purpose, or to reduce the width thereof where it may be deemed expedient so to do, and to graduate any street, walk, alley, market ground or public square, which is or shall be established within said city; to pave the streets or side walks thereof, or otherwise improve the same; to cause them to be kept open, in good repair, and to be properly lighted; and generally to ordain and enforce such regulations respecting the same, or any of them, as shall be proper for the health, interest or convenience of the inhabitants of said city. In 5 34 C(HARTER. the meantime no order shall be made, and no injunction shall be awarded, by any court or judge, to stay the proceedings of the city in the prosecution of their works, unless it be manifest that they, their officers, agents or servants, are transcending the authority given them by this act, and that the interposition of the court is necessary to prevent injury that cannot be adequately compensated in damages. 40. The council shall not take or use any private property for streets or other public purpose, without making to the owner or owners thereof full and adequate compensation for the same. But in all cases where the said city cannot by agreement obtain title to the ground necessary for such purposes, it shall be lawful for the said city to apply to the county court, or circuit superior court of law and chancery for the county of Henrico and city of Richmond for a writ of ad quod damnurm to condemn the same. And upon payrment being made or tendered, of the damages assessed under said writ by the said city, to the proprietor or proprietors of such land or ground, his, her, or their personal representatives, or to the guardian, in case the owner is an infant, or to the committee or trustee, in case of any incapacity in the owner, it shall be lawful for said city, by its officers and servants, to enter upon, hold and possess such land or grounds for the purposes for which it was proposed to condemn the same. If the owner or owners of such grounds or lands, or any part thereof, or interest therein, be out of the State, or unknown, the court granting the writ shall appoint some one, under proper bonds, to receive for and on behalf of such proprietor or proprietors such assessment. Where the grounds or lands so proposed to be condemned and converted to public uses shall be under lease, or one or more shall have the fee in the same, and one or more a present or lesser estate in the same, the jury impannelled under said writ shall assess and fix the damages such respective owners or persons having different interest or estates are respectively entitled to. CHARTER o0 1842. 35 41. The council shall have authority over any street, lane or alley in said city, which has heretofore been, or may hereafter be, ceded to the public by individuals, in as full and complete a manner as over streets, lanes and alleys, laid off in the original plan of the city; and from time to time, as they may deem it expedient, to ascertain the lines and width of said streets, lanes or alleys, and to receive, recognize and establish the same to all intents and purposes as fully and effectually as any other streets, lanes or alleys in said city. 42. It shall be lawful for the council to appoint from their own body, or from among the citizens at large, as many trustees for the management of the Richmond Lancasterian school; and to pass all such ordinances, rules and regulations for the proper government of said school, as to them may seem expedient. And they shall have authority within the said city to erect schoolhouses, and establish such system of education therein as they may deem advisable. 43. It shall be lawful for the council, on the petition of the ovwner or owners of not less than two-thirds of the ground included in any square of said city, to prohibit the erection in such square of any building, or of any addition to any building, more than ten feet high, unless the outer walls thereof be made of brick and mortar, or stone and mortar, and to provide for the removal of any building or addition which shall be erected contrary to such prohibition, at the expense of the builder or builders, owner or owners thereof. 44. The council shall have authority to require and compel the abatement and removal of all nuisances within said city, at the expense of the person or persons causing the same, or of the owner or owners of the ground whereon the same shall be. They shall further have authority to prevefit or regulate slaughterhouses within said city, or the exercise of any offensive or unhealthy business, trade or employment therein, and to ordain and enforce such regula 36 CHARTER. tions respecting tile same, as the comfort, health or convenience of the inhabitants of said city shall require. 45. In case any ground in the said city shall be subject to be covered by stagnant water, or if the owner or owners, occupier or occupiers thereof shall permit any offensive or unwholesome substance to remain or accumulate thereon, it shall be lawful for the council to cause such ground to be filled up, raised or drained, or to cause such substances to be covered, or to be removed therefrom, and to collect the expense of so doing from the said owner or owners, occupier or occupiers, or any of them, by distress and sale, in the same manner in which taxes levied upon real estate for the benefit of said city, are herein authorized to be collected: Provided, That reasonable notice shall be first given to the said owners or their agents. In case of non-resident owners, who have no agent in said city, such notice may be given by a publication for not less than four weelks in any newspaper printed in said city. 46. It shall be lawful for the council to prevent hogs, dogs and other animals from running at large in said city, or to subject the same to such regulations and taxes as they may deem proper. And the said council shall also have authority to prohibit slaves, free negroes or mulattoes from raising hogs, or keeping dogs within said city. 47. The council shall have power to prevent the practice of firing guns, crackers, or any combination of gunpowder or other combustible and dangerous materials therein; to prevent the riding or driving of horses or other animals, or the running of steam engines at an improper speed within the limits of said city, and wholly to exclude the said engines if they please: Provided, no contract be thereby violated. 48. The council shall be authorized to provide for the proper weighing or admeasurem ent of all hay or other long forage, stone, coal, lumber, wood, boards, live stock, grain, meal, bran, shorts, and spirituous liquors and wines, which CHARTER OF 1842. 37 shall be offered in said city for sale, and such other articles as they may think proper to be weighed or measured. 49. It shall be lawful for the council to pass such ordinances as shall be necessary or proper to secure the inhabitants of said city against thieves, robbers, burglars, and all other persons violating the public peace of said city; for the suppression of riots and gaming, and for the prevention and punishment of lewd, lascivious, indecent or disorderly conduct in said city; to impose fines upon every tippling house, booth or tent within the jurisdiction of the corporation, and to pass ordinances for the suppression of the same, and to expel disorderly persons who shall not have been resident therein for twelve months. 50. The council shall have authority to levy and collect an annual tax on the male tithlables, and on the property, real and personal, within the said city, for the execution of all or any of the powers hereby given them, provided that not more than one-third of the sum to be levied shall be levied on the tithables aforesaid. And the tithable persons resident within the said city shall be exempt from all impositions by the court of the county of Henrico for county levies, or for the maintenance or support of poor persons not resident within the said city. For the purpose of ascertaining the value of the real estate within said city, the council shall annually appoint one or more assessors, who shall be freeholders of said city, and shall be sworn impartially and faithfully to appraise the same. And for the purpose of cole lecting said taxes, the council may appoint such officers as to them may seem expedient. 51. In case any tax lawfully levied upon real or personal property, for the benefit of said city, shall not be paid, or in case any person shall neglect or refuse to pay the same, in whole or in part, within thirty days after the same shall have become due, it shall be lawful for the officer appointed to collect such tax, to take reasonable distress of any personal property belonging to the said delinquent, or in which he or she shall have any right or interest, and to sell the said 38 CHARTER. property, right or interest at public sale in said city, (having given ten days notice of the time and place of sale by advertisement, posted at some public place in said city,) and out of the proceeds of such sale, after defraying all proper expenses, to pay to the said city the amount which shall be due on account of said tax, returning the balance, if any, to the owner of the property, right or interest so sold, or his or her legal representative. And such officer shall have power to distrain any personal estate belonging to the said delinquent, which may be on the premises taxed, and the same to sell and apply as aforesaid, notwithstanding such personal estate may be included in any deed, deed of trust, mortgage, bill of sale, or other writing. 52. The council shall have authority to require to be sold all real estate within the corporation returned delinquent for the non-payment of taxes, the taxes and interest on which shall not have been paid before the day of sale; and may make such regulations for effecting such sale and collecting such taxes, interest and charges of sale, as to them may seem expedient. If, however, no such sale be authorized or required, the taxes assessed upon such real estate for the benefit of said city, shall remain a lien thereon, bearing interest at the rate of ten per centum per annum from and after the expiration of thirty days from the time when the same shall have become collectable, until the same be fully paid. 53. In all cases in which any tax assessed upon real estate, for the benefit of said city, shall be paid, in whole or in part by the tenant, or out oil his or her property, he or she shall be entitled to deduct the same out of the accruing rent, or to recover the amount so paid from the owner of said real estate, unless it shall have been otherwise specially agreed. 54. In every case of non-residents, where the real property subject to the tax levied shall be vacant, and the pro)rietor thereof shall have no property within the corporation subject to distress, and sufficient to raise the tax due, it CHARTER OF 1842. 39 shall be lawful for the officer appointed to collect such tax, in the name of the corporation, to recover the amount of the tax due from such person or persons by motion in a summary way before any court within this commonwealth, ten days notice of such motion being given to the person or persons chargeable with the amount of such tax. 55. The council shall have authority to regulate sales at auction within said city, and to levy and collect taxes upon such sales; to grant or refuse licenses to auctioneers, and to levy and collect taxes upon such licenses, in addition to any tax which is or shall be payable to the State: Provided, however, That nothing herein contained shall be construed to authorize any interference by the corporate authorities of said city, with any sale made under the judgment or decree of any court or magistrate of this commonwealth, or the imposition of any tax thereon by the council. 56. The council shall have exclusive authority within the said city to levy and collect taxes, in addition to any tax which is or shall be payable to the State, upon all ordinaries, inns and taverns, houses of public or private entertainment, boarding houses, public eating houses, coffee houses, places at which spirituous liquors shall be sold, and places of public amusement. 57. The council shall have authority within said city to regulate theatrical exhibitions, public shows, musical performances, and all shows, exhibitions and performances to which admission is obtained by the payment of money or other reward, and to grant or refuse licenses therefor, and to levy and collect taxes on the same. 58. It shall be lawful for the council to grant or refuse licenses to the owners or keepers of hacks, carts, wagons, drays, and of every description of wheeled carriages, kept in said city for hire; to levy and collect taxes thereon, and to subject the same to such regulations as the interest or convenience of the inhabitants of said city, in the opinion of the council, shall require. They shall further have au 40 CHARTER. thority to regulate, grant or refuse licenses to, and to levy and collect taxes from hawkers, pedlars, and the venders of goods, wares and merchandise within said city. 59. The council shall have authority to subject any person or persons who, without having obtained license therefor from the council, shall do any act, or follow any employment or business in said city, for which the council are or shall be authorized to grant licenses, to any fine or punishment which they are authorized to impose or inflict for the enforcement of their ordinances. 60. It shall be lawful for the council to borrow money in the name and for the use of said city, and to convey, mortgage and pledge any of the public property and revenues of said city for the redemption of such loans, and for the payment of the interest thereon. 61. All moneys received or collected for the use of said city, shall be paid over, held and disbursed as the council may order or prescribe. 62. For the proper regulation of the police of the public square belonging to the State of Virginia, the council shall have authority to enact and to enforce such ordinances in relation thereto as they-may deem proper, subject, however, to be approved, altered, suspended and repealed by the executive of the State at their discretion. They may also subject, in like manner, to the control of the executive, grant or refuse licenses for the sale of refreshments therein, between such hours in the day as they may prescribe, and charge for such licenses such price as may seem to them rea. sonable. They shall have authority to appoint a keeper of the said square, who shall be charged with the preservation of the turf, walks and trees of the same, and be paid for his services as they may deem proper: Provided, That nothing herein contained shall be deemed to impair the full and perfect title of the commonwealth in and to the said square, or the right of the commonwealth to sell or otherwise dispose of the same at any future period. CHARTER OF 1842. 41 63. All copies, purporting to be copies of the ordinances of said city, or extracts from the journal of the council, which shall be printed by the authority of the council, or which shall be certified to be correct by the mayor of said city under the seal thereof, shall be received by all courts and magistrates of this State as prima facie evidence of the tenor of such ordinances, and of the acts and proceedings of the council as therein set forth. 64. The mayor, recorder and aldermen of the said city, or any four or more of them, shall have power to hold a court of hustings on the second Monday in every month, or on such other days as may be hereafter prescribed by law. 65. The jurisdiction of said court shall extend one mile on the north side of James river, without and around the corporate limits of said city, and every part thereof, including so much of the said river to low water mark on the shore of the county of Chesterfield, as shall be between two lines drawn due south from the eastern and western terminations of the one mile aforesaid. 66. The court of hustings as aforesaid, shall and may take cognizance of, and are hereby declared to have power, authority and jurisdiction to hear and determine all causes whatsoever now pending, or which shall hereafter be brought in said court at the common law, or in chancery within said city, and all such other matters as by any particular statute is or shall be made cognizable therein, in the same manner and to the same extent, and under the same laws, rules and regulations that the county courts of this commonwealth now have and are subject to, or as they may hereafter have or be subjected to by law. 67. The said court of hustings shall have and exercise all the jurisdiction in criminal matters over free persons and slaves, and be subject to the same laws, rules and regulations that the county courts of this commonwealth have, exercise and are subject to in such matters, or as they may hereafter have, or be subjected to by law. And they shall 6 42 CHARTER. have and may exercise all the power, authority and jurisdiction heretofore conferred upon the court of hustings, as constituted before the passage of this act, not in conflict with its provisions, and be subject to all the liabilities to which the said court was heretofore subject, by virtue of any act or acts of the general assembly of this State. 68. The quarterly courts for said city shall be held in the months of January, April, July and October in each year. In each of the months of February, May, Allgust and November in each year, it shall be the duty of the sergeant of said city to summon a grand jury in the same manner that such juries are required to be summoned by the sheriffs of the counties. And the said jury shall act in the same manner, and the like proceedings be had, under presentments made by them within the jurisdiction of said court, as is or may be had in the county courts, 69. The said court of hustings shall be authorized, as well at their monthly as quarterly terms, to try presentments of the grand jury, and informations and other pleas on behalf of the commonwealth, in like manner as the same may be heard, tried and determined at their quarterly terms. 70. The said court of hustings shall be and is hereby constituted a court of record, and as such shall have and exercise all the powers now vested, or which may be hereafter vested by law in the county courts, and in all other respects the powers, duties, rights and obligations of the said hustings court shall be the same as that of the county courts, so far as may be consistent with the powers conferred on the council of said city by the provisions of this act. 71. The mayor, recorder, or any alderman of the said city, shall have all the powers? nd jurisdiction conferred by law upon a justice of the peace, and shall be subject to and be governed in all respects by the laws regulating justices of the peace within this commonwealth. And it shall not be lawful for any magistrate of the county of Henrico to issue a warrant for the recovery of any debt or damages by CHARTER OF 1842. 43 one citizen of said city against another citizen thereof. Nor shall it be lawful for any constable, appointed by the court of Henrico, to execute any warrant in any such case, or to levy within the said city an execution upon a judgment obtained thereon. And if any such constable shall presume to execute any warrant issued by a magistrate of the city of Richmond, or to levy within the said city any execution upon a judgment rendered on such warrant, he shall incur the like pains and penalties, to be recovered in like manner as are provided by law against constables executing warrants or levying executions in the districts of other constables. 72. The said court of hustings shall have the sole power of appointing a sergeant, who shall have the power of a sheriff. They shall have like power with the county courts to appoint a constable and all other necessary officers of the court; and the said officers shall be liable to and be governed by the laws in force, regulating and governing their respective offices. No officer of the court shall enter upon his office until he shall have taken an oath, or made affirmation before the court for the faithful discharge of the duties thereof. The said sergeant and constable shall be authorized, with the approbation of the court, to appoint a deputy or deputies, who may at any time be removed from office by the court for good cause shown. The same fees shall be allowed to the officers of the court as are allowed by law to the clerk, sheriff and constables of the county of Henrico, and shall be collected and accounted for in the same manner. 73. The mayor of the city shall keep an office in some convenient part of the city, and shall be the keeper of the seal of the corporation. In addition to his powers as a justice of the peace, his jurisdiction shall extend to all breaches of the peace committed within the jurisdiction of the city, and to all infractions of the city ordinances, and his judgments touching the same shall be final: Provided, however, 44 CHARTER. That if the party prosecuted for a breach of the peace before the said mayor shall pray an appeal from the judgment or sentence of the said mayor, to the next court to be held for the said city, having cognizance of such cases, the appeal shall be allowed and certified by the said mayor to such court; provided that the party praying such appeal, do acknowledge before the said mayor a recognizance in a reasonable penalty, with sufficient security, to appear at such court on the first day thereof, and there to remain until discharged by due course of law, which recognizance shall be returned to such court by the mayor, and filed with the said certificate of appeal. In all such cases of appeal it shall be the duty of the said mayor to take a recognizance from the witnesses on the part of the prosecution, to appear at the court to which such appeal shall be certified, on the first day thereof, and there to remain until discharged by the court; which recognizance shall also be returned to the said court with the certificate of appeal. 74. The said mayor shall hold a court, to be called the "Mayor's Court," on each day, (Sundays excepted,) in such place as the council may designate, between such hours as he may appoint, and shall hold jurisdiction in all cases in which the mayor of the city can do so according to law and the ordinances of the city; and shall exercise a general superintendence and control over the police of the city, and over the officers of the police and the night watch, pursuant to the said ordinances. 75. In case of the death, resignation or absence of the said mayor from said city, or his refusal or omission to qualify, the recorder, or in case of his death, resignation, inability, absence, refusal or omission to qualify as aforesaid, the senior alderman shall possess and exercise all the powers of the mayor, until the vacancy shall be supplied by the council as herein provided for, and the person elected to fill such vacancy shall have duly qualified. 76. The mayor of said city, or the officer acting as such CHARTER OF 18420 45 under this act, shall conduct the election of delegate, senator, and member of the house of representatives of the United States. And in case of refusal or failure of the said mayor or other officer, he or they shall be subject to all the penalties to which sheriffs are liable, and for the performance of said duty shall be entitled to the same compensation. 77. All fines and penalties accruing or arising under this act, or any by-law or ordinance, rule or regulation of said city, not exceeding twenty dollars, shall be recoverable in the name of the city of Richmond, before the mayor or any alderman thereof. So may any debt or demand not exceeding twenty dollars in favor of or against the city. 78. In all suits or prosecutions arising under the by-laws, ordinances, rules or regulations of said city, where the constitutionality or validity of such by-law, ordinance, rule or regulations shall be contested, appeals shall lie in behalf of the party aggrieved from the judgment of said mayor or aldermen to the said circuit superior court, without regard to the sum or amount in controversy; such appeals to be taken within the same time, and upon the same terms as are prescribed by law for taking appeals from the judgments of justices of the peace to the several county and corporation courts within this commonwealth, and the said circuit superior court shall try and decide such appeals, in the same manner as the several county and corporation courts within this commonwealth, are by law directed to try appeals from the judgments of justices of the peace; and the judgments of said superior court rendered upon such appeals, shall be executed as other judgments of said court are executed. But the appeal shall be null and inoperative, until the appellant or his agent shall file with the clerk of said circuit superior court an affidavit that he verily believes, or is informed by counsel practising in the superior or inferior courts of the State, that such by-law, ordinance, rule or regulation complained of, is unconstitutional or invalid. 79. In all courts of law and equity this act shall be con 46 CHARTER. strued, taken and held most favorably for the said corporation, so far as it respects or relates to the same. 80. All and every act and acts, clauses and parts of acts coming within the purview of this act, shall be and are hereby repealed: Provided, however, That nothing herein contained shall be construed to take away or impair any right which shall have accrued, or prevent the prosecution and punishment of any offence which shall have been committed or done before the commencement of this act; but such right shall be and remain, and such offence may be prosecuted and punished as if this act had never passed: And provided also, That all ordinances of the city, passed under the former charter and now in force, shall remain in force until the same shall be changed, to adapt them to the amended charter. GOVERNM E NT. CHARTER ELECTIONS. AN ORDINANCE CONCERNING THE CHARTER ELECTIONS. 1. When commissioners of charter elec- 4. Days employed, how certified. tions appointed. 5. Conductors to provide conveniences 2. Day policeman to conduct elections. for elections. 3. Compensation of commissioners and 6. No compensation for refreshments. writers. 1. Be it ordained by the council of the city of Richmond, That there shall be appointed by the council at its regular meeting in March, five persons in each ward as commissioners, any two of whom may act, to superintend the elections in such wards. 2. There shall also be appointed an officer of the day police to conduct said elections, who shall employ such writers as he shall see fit, and at the rate of compensation herein after named. 3. Each commissioner who shall act shall be entitled to receive as compensation three dollars per day, and the writers at the rate of five dollars per day. 4. The conductors shall certify the number of days that such commissioners and clerks are employed. 5. The conductors in each ward shall, under the directions of the council, provide the necessary conveniences for receiving the vote of the city, and make out their bill for the same, which bill shall be presented to the council for payment. 6. No compensation shall hereafter be allowed for refreshments for the clerks, commissioners or conductors. 48 GOVERNMENT. OATHS. AN ORDINANCE CONCERNING OFFICIAL OATHS AND THE PAY OF THE RECORDER AND ALDERMEN. 1. Oath of office of mayor, recorder, 1 2. Compensation of aldermen. aldermen and councilmen. 3. Who else to take oath of office. 1. Be it ordained by the council of the city of Richmond, That every person elected to the office of mayor, recorder or aldermen of the said city, or a member of the council thereof, shall within thirty days after his election, take an oath or affirmation to perform the duties of his office honestly, and to the best of his capacity. 2. The recorder and aldermen of the city shall be paid for each quarter of a year, at the rate of eight hundred dollars rer annum. This shall be divided among them in proportion to the number of days which it shall appear by a certificate of the clerk of the court of hustings, that they have attended on said court during such quarter. 3. Every person hereafter elected or appointed by the council to any office, for the duties whereof he is allowed any salary, fees or compensation shall, before he acts in such office, take an oath of office, which in every case wherein no other is specially prescribed, shall be as follows: S"I swear that I will faithfully perform the duties of my office of to the best of my skill and judgment, so help me God." When such oath is not administered in the presence of the council, a certificate of the fact of such oath having been taken shall be obtained by the person taking it, from the justice or other person administering it, and filed with the chamberlain. If any person shall act in his office before taking the oath and filing the certificate as required by this section, he shall pay a fine of not less than one nor more than twenty dollars for each day on which he so acts. RULES AND REGULATIONS. 49 RULES FOR REGULATING PROCEEDINGS OF COUNCILo AN ORDINANCE CONCERNING RULES AND REGULATIONS FOR THE PROCEEDINGS OF THE COUNCIL. 1. When council shall meet. to time, and preserve order. Appeal 2. Clerk shall send notice of meeting to from his decision. members; when. 12. Three members may call the previ3. What committees to be appointed, ous question. and how. 13. Money not to be appropriated nor 4. When the special business of a meet- ordinance passed on the day introing shall be first taken up. duced. How ordinance amended, &co 5. When person not a memberi may ad- 14. Appointments to office viva voce. dress council orally. 15. Every member present to vote, un6. Petitions, &c., to be respectful and less interested or excused. in writing. 16. Member entered present not to ab7. Application for remission of fine or sent himself without leave. tax to be on oath; how referred. 17. When proceedings to be read and by 8. Resolution to be in writing. Name whom signed. of member offering it to be recorded. 18. Under what circumstances question 9. Speaker to address the president. decided may be moved again. Time allowed to speak. To speak 19. Unfinished business at the end of the but twice on a question. year laid on the table. 10. Debate to be decorous and perti- 20. Rule may be suspended by vote of nent. two-thirds. 11. Presiding member to enforce rule as Be it ordained by the council of the city of Richmond, That for the regulation of' the proceedings of the council, and the convenient transaction of its business, the following rules be adopted: RULE I. —The council shall meet on the second Monday in every month, at four o'clock in the afternoon, and also shall meet at any other time to which it may adjourn, or be regua larly called or convened. If eight members fail to attend within half an hour after the time appointed for a meeting, the clerk shall enter in the journal the names of those attending, and the adjournment for want of a quorum, and shall publish the same. RULE II.-Befobre the time for any meeting of the council, the clerk shall make out and sign a notice thereof to each member. The notice for each member shall be placed by In 50 GOVERNMENT. the clerk in the hands of a police officer for the ward in which such member resides, or of the officer who acts as door-keeper and messenger of the council, at least a day before the meeting thereof, when the same is practicable. The officer in whose hands any such notice is placed shall, on the day he receives it, promptly deliver the same to the member to whom it is addressed, or at his residence or place of business. RULE IIr.-Besides such committees as may be prescribed by other ordinances, there shall be appointed by the president as soon as convenient after each annual organization of the council, a committee of accounts, a committee of claims, a committee for the jail, and a committee for Seabrook's warehouse, to consist of three members each; and a committee of finance and a committee on the fire department, to consist of five members. Each of said committees shall examine all such matters as may from time to time be referred to it, and report thereupon to the council. RULE IV.-If the council direct any matter to be the special business of a future meeting, the president shall at suchl future meeting, so soon as the proceedings are read and signed, announce such special business, and it shall have priority over all other business. RULE V.-No person who is not a lember of the council shall orally address it, until leave to make such address has been applied for through a member of the council, and granted by it. RULE vi.-Every petition, communication or address to the council, shall be in respectful language, and except in cases where it is otherwise allowed, shall be in writing. RULE Vii.-Every application for a remission or re-payment of a fine or tax shall be verified by the oath or affirmation of the applicant, and without special order shall stand referred, if a tax, to the committee of finance; if a fine or other claim, to the committee of claims. Before the cornmittee reports to the council on the application, there shall IRULES AND REGULATIONS. 51 (unless the committee dispense therewith) be reported to it the facts in regard to such tax by the assessor, and the facts in regard to such fine by the police officer who reported the case to the mayor. RULE VITI.-Every resolution that is proposed shall be reduced to writing before any question is taken on it. And the name of every member offering a resolution shall be recorded on the journal. RULE IX.-A member shall address himself to the president, and be recognized by him as entitled to speak, before he proceeds. After being so recognized, the member (except when called to order by the president or another member) shall not be interrupted during the time allowed him. No member shall speak more than ten minutes at any one time, unless he be chairman of a committee, in explanation of a report or ordinance, when he shall be allowed, if he desire it, fifteen minutes; nor shall any member speak more than twice upon the same question. Remarks may be made by the presiding member under the same restrictions. RULE x.-All debate shall be regular, decent, and without altercation or personal invective: it must also be pertinent to the question. RULE xr.-The presiding member shall not allow any one to speak longer or more frequently than these rules permit. He shall in this and all other matters preserve order, and decide any question raised concerning it; but any member may appeal from his decision to the council, which may affirm or reverse such decision. RULE xri.-The previous question may be called at any time, three members concurring. RULE XIII.-No resolution appropriating money, nor any ordinance shall pass on the day the same shall be introduced. And no ordinance shall be amended, suspended or repealed, except by ordinance regularly introduced and passed. RULE xiv.-Every appointment to office by the council 2 GOVERNMENT. shall be by viva voce vote. When a vote being taken, it appears that a majority of the members present do not concur in a vote for the same person, there shall be another vote taken, either then or at such other time as the council may determine on. RULE xv. —Every member present when a question is put on an ordinance or resolution, shall, unless interested or excused from voting by the council, vote on one side or the other of such question. And every member present when the roll is called upon the occasion of an appointment to office, shall vote for some person to the office, unless it be an office created by the ordinance concerning the police of the city; in which case he may decline voting for any person nominated, and the fact of his so declining shall be recorded on the journal. RULE xvI.-After a member has at any meeting been entered as present, he shall not, without leave of the council, absent himself from such meeting until its adjournment. A member violating this rule shall pay a fine of ten dollars. RULE xvII.-The proceedings at any meeting of the council shall be read at its next meeting, before any other business. And after the errors appearing therein (if any) are corrected, the same shall be signed by the person acting as president at the time the same are so read. RULE XVIII.-No question decided by the council shall be again brought forward during the year for which the council was elected, unless the same be moved within two months after the council has acted upon it, and on a motion for reconsideration there be in favor of such re-consideration votes equal to or greater than the majority of the members present when the question was before decided. And when the motion is for re-consideration of an ordinance passed on any previous day, such motion shall not be in order, unless made before such ordinance takes effect. This rule shall not prevent an ordinance from being amended, suspended or MESSENGER OF THE COUNCIL. 63 repealed by an ordinance introduced and passed in the manner allowed by the 13th rule. RULE xIx. —All business unfinished at the expiration of the year for which the council was elected, shall be considered as laid on the table, and may be acted upon thereafter, at the pleasure of the council. RULE xx.-Any rule herein adopted may, at any particular time, be suspended for a special purpose, by a vote of twothirds of the members present at the time. MESSENGER. AN ORDINANCE FOR THE APPOINTMENT OF A MESSENGER OF THE COUNCIL. 1. Messenger of the':council, when ap-l 2. Messenger's duties. pointed; his tenure; compensation. 1. Be it ordained by the council of the city of Richmond, That there shall be appointed annually, in the month of December, by the council, a messenger, who shall hold his office at the pleasure of the council, and shall receive at the rate of six hundred dollars a year. 2. It shall be the duty of the said messenger to be and remain in the chamberlain's office from 9 o'clock, A. M., to 3 o'clock, P. M., unless when engaged in the discharge of his duties. He shall attend on the council when it is in session, and on the committees of the council when they hold their sessions in the city hall, and shall perform such services as the council or the said committee shall require of him. He shall also act as the messenger of the chamberlain when the council or the committees of the council shall not require his services. He shall light the lamps in the passages of the city hall, the council chamber, the chamber 54 GOVERNMENT. lain's office, and any other room in which a committee of the council shall hold its session for the time; he shall make the fires, and clean up the rooms and passages in the city hall; and perform such other services in and about the city hall as the council may from time to time prescribe by resolution. CHAMBERLAIN AND AUDITOR. AN ORDINANCE FOR THE APPOINTMENT OF A CHAMBERLAIN OF THE CITY AND AUDITOR. 1. Chamberlain and auditor to be ap- another appointment. pointed; when. 5. Council may remove them, and when 2. They to give security. a vacancy fill it. 3. They to take an oath of office. 6. How clerks appointed. 4. When appointment annulled, and 7. Salary of the officers. 1. Be it ordained by the coancil of the city of Richmond, That as soon as practicable, after every annual election of the council, there shall be appointed by it a chamberlain of the city, who shall also be the clerk of the council, and an auditor of accounts. The term of office of each of them shall commence on the first day of May, and continue one year, and afterwards until a successor shall be qualified, according to this ordinance. 2. Each of the said officers shall give bond, to be approved by the council, the penalty of which shall be as follows: Of the chamberlain of the city thirty thousand dollars, and of the auditor of accounts thirty thousand dollars. The bond of the chamberlain shall be deposited by the president of the council in one of the banks of the city, and the bond of the auditor shall be kept by the chamberlain. 3. The person appointed to either of said offices shall not AUDITOR AND CHAMBERLAINo 55 act therein, until he shall, in the presence of the council, take an oath, to be administered by its president, or, in his absence, by the member presiding for the time, that he will faithfully perform the duties of his office to the best of his skill and judgment. 4. If the bond of either of said officers be not approved by the council, or the oath prescribed be not taken by him within fifteen days after his appointment, the appointment shall be considered as annulled, and the council shall proceed at its next meeting, or as soon thereafter as may be, to make a new appointment. 5. Said officers, or either of them, may be removed from office by the council at any regular meeting, or at a meeting called specially for the purpose, and with notice to the members. And if either of said offices shall become vacant, the council may appoint a person to fill the vacancy, who shall give bond, and qualify as herein before prescribed. 6. The chamberlain and auditor shall nominate to the council three persons for each clerkship, to be filled in their respective offices, and from the number thus nominated respectively, the council shall elect one to serve as the clerk of the chamberlain, and two to serve as clerks of the auditor, but such clerks shall not act as such until they shall have taken an oath before a justice of the peace that they will faithfully discharge the duties of their office to the best of their skill and judgment. The clerks so appointed may be removed by their principals. 7. The salary of the chamberlain shall be two thousand dollars a year, and the salary of the auditor shall be eighteen hundred dollars a year. The salary of the first clerk, in each office, shall be twelve hundred dollars a year, and the salary of the second clerk, in the auditor's office, shall be eight hundred dollars a year; and the said salaries shall be payable quarterlyo IR EVE IU E. RECEIVING AND DISBURSING MONEY. AN ORDINANCE DIRECTING THE MANNER OF RECEIVING AND DISBURSING MONEY AT THE TREASURY, AND PRESCRIBING THE DUTIES OF THE AUDITOR AND CHAMBERLAIN. 1. How collector and agent to sell 15. What accounts to be kept on books bonds shall pay money into the of auditor. treasury. 16. When his books to be compared with 2. How all other moneys to be paid to chamberlain's. chamberlain. 17. When unsettled accounts on audi3. How and when chamberlain shall tor's books balanced; general ledger pay moneys into treasury. of accounts. 4. Persons paying money otherwise, 18. Auditor to keep register of city prostill liable therefor. perty, and of bonds, &c., of the city. 5. Money paid in to the credit of the 19. What accounts chamberlain shall city; how drawn out. keep. 6. Hours of business in the offices. 20. Shall keep a list of warrants. 7. Proceedings in each office; how kept. 21. What chamberlain shall furnish au8. Committee of accounts to examine ditor quarterly. contingent expenses of offices. 22. Shall keep general ledger of ac9. In absence of auditor or chamber- counts; what it shall contain. lain, first clerk to act. 23. Shall keep accounts with the banks. 10. Officer liable for acts of first clerk 24. What report auditor shall make to acting in his place. council; and when. I1. When fiscal year to commence. 25. What chamberlain's report to con12. Auditor to pay salary of officers and tain. interest on bonds. 26. Chamberlain to be clerk of the coun13. How claims on city authenticated. cil; record proceedings and ordi14. How claims on city paid. nances. 1. Be it ordained by the council of the city of Richmond, That all moneys to be paid into the treasury of this city by the city collector, or an agent employed by the city to sell her bonds, shall be paid in such of the banks of the city of Richmond as the council may by resolution prescribe, in the following manner': He or they shall deposit in such bank to the credit of the city of Richmond the sum to be paid, and shall obtain from the proper officer of the bank a certificate MODE OF RECEIVING AND DISBURSING MONEY. 67 of said deposit. This certificate he shall deliver to the auditor, with a statement showing on what account it is pail, who shall give him a receipt for the amount, and shall enter the same upon his books in the proper account as charged to the chaamberlain, and shall also deliver to the chamberlain a statement of the anmonnt so deposited, and in what bank; and the chamberlain shall charge himself on his books with the amount. 2. All taxes on licenses, and all other moneys due the city, except those provided for in the first section of this ordinance, shall be paid to the chamberlain, who shall immnediately charge himself therewith on his books, and give a statement thereof, signed by him, to the person paying the saine, and said person shall deliver said statement to the auditor, who shall charge the amount to the chamberlain in its proper account, and give a receipt therefor to the person paying the same. 3 All moneys, if over one hundred dollars, received by the chamberlain under the preceding section, up to Wednesday at 2 o'clock of each week, shall be deposited by him on that day in one of the banks of this city, to the credit of the city; and so all moneys, if over one hundred dollars, received by him up to Saturday at 2 o'clock of' each week, shall be deposited in like manner. And he shall present the certificate of deposit to the auditor, who shall note the same on the margin of the account on his books, opposite to the charge therein against the chamberlain, for the -money so deposited, and then return the certificate to the chamberlain. If the chamberlain shall fail for one week to present to the auditor the certificate of deposit of moneys so received by him, the auditor shall forthwith report tihe fact in writing to the president of the council, who shall immediately call a meeting of the council to consider the said failure of the chamberlain. 4. Any person bound to pay money into the city treasury, who shall pay the same otherwise than according to the 8 58 REVENUE. first and second sections, shall remain liable for such money, and be subject to every fine, forfeiture or penalty to which he would have been subject if he had not paid the same. 5. All money paid into bank, in pursuance of the first and third sections of this ordinance, shall stand on the books of the banks to the credit of the city. But the chamberlain. shall have no authority to draw any of said money, except by his check drawn upon a warrant issued by the auditor. If any money in bank, to the credit of the city as aforesaid, shall be paid otherwise than upon his check drawn upon such warrant, the payment shall not be valid against the city. 6. The hours for transacting business in the offices of the chamberlain and auditor, shall be as follows: from eight in the morning until three in the afternoon, from the first day of April to the first day of November, and from nine in the morning until three in the afternoon, during the rest of the year. 7. The proceedings of each of said officers shall be entered in books kept for the purpose, and the books, vouchers and papers properly arranged and preserved. 8. The committee of accounts shall examine the accounts for the necessary contingent expenses of each of said officers, and report to the council for payment such as they may approve. 9. When it is necessary for either of said officers to be absent from his office, the other shall be informed thereof. During such absence, the duties of the officer so absent shall be performed by the first clerh in his office. 10. The said officers and their sureties shall be liable for any default or breach of duty of their clerks respectively, during their absence, in performing the duties of said absent officer. 11. The fiscal year shall commence on the first day of March, and end on the last day of February. MODE OF RECEIVING AND DISBURSING MONEY. 59 12. Any person having a claim against the city of Richmond, for salary as an officer of the city, or for interest upon bonds of the city, may apply to the auditor, and he shall allow so much on account thereof as may appear to be due. 13. All the claims authorized by ordinance, to be paid on the order of' a committee, shall be drawn on the auditor, and all other claims against the city shall be presented to the council, and such of them as shall be allowed, for the amount allowed shall be certified by the clerk of the council to the auditor, and these claims shall be entered upon his books, as if allowed by himself. 14. After any claim is allowed under this chapter, a warrant shall be issued by the auditor for the sum to be paid, which shall be signed by the auditor and attested by his clerk. Every warrant shall express the particular head of general revenue or expenditure on account of which the money is received or paid. 15. There shall be kept on the books of the auditor's office an account against the chamberlain as treasurer; a separate account for each of the subjects on which there are standing committees of the council, and such other accounts as may be necessary to exhibit plainly the condition of every branch of the revenue and expenditures of the city. 16. On the last day of each quarter of {he fiscal year the auditor shall compare the books of his office with those in the chamberlain's, and strike the balance on his books, showing the amount of money in the treasury, which balance he shall carry forward to the next quarter. 17. All unsettled accounts on the books of the auditor shall be balanced on the last day of each fiscal year, and the balances brought forward on the first day of the new fiscal year. For this purpose there shall be a general ledger of accounts, which shall be kept, so as to show all the balances due to or from the city. 18. The auditor shall, in books kept for the purpose, keep 60 REVENUE. a register of all city property; and also of all bonds or certificates of debt issued by the city. 19. The chamberlain on his books shall state the accounts of money received and paid, so as to show distinctly the nett produce of each branch of the revenue, and the whole amount thereof, and also the amount of disbursements. 20. He shall keep a list of the warrants drawn upon the treasury in every fiscal year, numbered from one upwards. 21. The chamberlain shall furnish the auditor, at the expiration of each quarter of the fiscal year, with a list of the receipts, and a list of the payments at the treasury during such quarter, showing the number, date and amount of each warrant, and in whose name the money was received, or the warrant issued, placing in separate columns the amount of each warrant under which money was received or paid in a different year from that in which it was issued. The auditor may, however, dispense with such lists at the end of any particular quarter, if he finds that the purpose thereof can be as well attained by examining the chamberlain's books for such quarter. 22. The chamberlain shall keep a general ledger of accounts, into which he shall post all the receipts and disbursements at his office, arranging the disbursements under the heads to which they properly belong. There shall be opened on the said ledger a general account of receipts and disbursements, which on the last day of each quarter of the fiscal year he shall compare with the books kept by the auditor. After they are made to correspond, he shall strike the balance on said account, showing the amount at that time in the treasury, which balance shall be carried forward to the general account for the next quarter. 23. He shall keep accounts on the books of his office with the different banks in which the money of the city is deposited, on which accounts balances shall be struck at the same periods, showing the amount in bank to the credit of the city at the end of each year. MODE OF RECEIVING AND DISBURSING MONEY. 61 24. The auditor and chamberlain shall each annually, at the regular meeting in March, or as soon thereafter as practicable, make a report to the council. The report of the auditor shall contain a statement of the receipts and expenses of the preceding fiscal year, and an estimate of the revenue and expenditures for the succeeding year. It shall also contain a list of all accounts remaining open on the books of his office at the close of the preceding year, on charges made or credits given within such year. The report shall be accompanied with such remarks as may serve to explain the amount of receipts and expenses, and with marginal notes explanatory of the balances reported. 25. The report of the chamberlain shall contain an account of his receipts and disbursements, and of his transactions as treasurer generally during the fiscal year. 26. The chamberlain shall in person, or, with the assent of the council, by his clerk, attend the meetings of the council, and enter correctly its proceedings, and in a book kept for the purpose record all the ordinances. The book of such proceedings, and the book of ordinances, shall be kept by him with an index, referring to the different matters therein, and shall be open at all time to the inspection of any menmber of the council. The said chamberlain shall make copies of or extracts from anything in said books when and as often as he may be required so to do by the council, the president, or any chairman of any committee tlhereof. He shall regularly furnish the chairman of each committee with a copy of the resolution constituting it, and of all resolutions referring matters to his committee; and shall in his office file all papers, and preserve all books and papers which may come to him officially; and whenever the council is about to make an appointment to an office, shall, if the person then filling such office be in default, inform the council of the fact. 62 REVENUE. ASSESSOR. AN ORDINANCE CONCERNING THE POWERS AND DUTIES OF THE ASSESSOR OF THE CITY TAXES. 1. Assessor to give bond. 20. Of what companies, &c., he shall 2. What compensation to clerks of hus- enter the capital, and of' what the tings and Henrico court. What ab- dividends. stracts may be delivered to assessor. 21. Of what agents of companies he shall 3. What assessor shall put in his land ascertain the dividends. book. 22. What personal property and debts 4. How he shall ascertain the value. excepted. 5. When lot divided, how assessment 23. Assessor shall call upon persons for apporlioned. list of property, and swear them. 6. When lot sold for taxes, what asses- Fine for refusing to swear or give in sor shall do. list-fine for failing to call on or swear 7. What mistakes assessor may correct. them. When he may transfer land. 24. What assessor shall do to get correct 8. Shall carry with him his land book list of property. of previous year; to whom he shall 25. He shall assess value of property, exshow it. cept slaves. 9. When new building assessed. 26. What list assessor shall make off, 10. When old building deducted. and when-to whom deliver it. 11. What shall be included in valuation 27. What land exempt from taxation. of mills and iron works. 28. Wards to be kept separate. Names 12. Whoshallgiveinpropertytoassessor. in alphabetical order. What entered 13. What persons holding property in city opposite each name. How assessor's entered on personal property book. property charged. 14. What persons carrying on trade or 29. Fine for not giving list. How asbusiness entered on book. sessor shall then fix value. 15. What assessor shall state in connec- 30. List not obtained in time, how ention with names of persons doing tered on books next year. business. 31. Oath of assessor to be fixed to books. 16. How assessor shall enter personal 32. Assessor to deliver books to auditor. property. How they shall be examined. How 17. What money, interest and dividends then disposed of. he shall enter. 33. When no alteration in book except 18. What bonds and other claims he by council. How person taxed imshall enter. properly to have relief. 19. Of what corporations, &c., he shall 34. When and what assessor paid. enter the capital. 35. Additional duties of assessor. 1. Be it ordained by the council of the city of Richmond, That the assessor of taxes for the city shall not act in his office until bond with sureties in the penalty of $2,000 shall be given by him and approved by the council, or by the committee of finance, ASSESSOR'S POWERS AND DUTIES. 63 2. The clerk of the court of hustings for the city of Richmond, and the clerk of the court of lHenrico county, shall be paid annually, the former forty dollars, and the latter fifteen dollars, and the clerk of the circuit court of the city of Richmond shall be paid annually ten dollars, upon the certificate of the assessor that they have respectively delivered him such lists as are mentioned in the 7th and 8th sections of the 35th chapter of the Code of Virginia, so far as may relate to lands in this city. Any party interested, may procure at his costs, and deliver to the assessor an abstract from the land office of any grant issued therefrom for lands in this city, or a statement from the clerk of any court of any such judgment, decree or order, as is mentioned in said 8th section, or of proceedings under chapter 56 of the Code, accompanied by evidence of the payment required by that chapter to vest title. S. The assessor shall, annually, as soon as may be after the first day of February, ascertain, and in a book (called the land-book,) enter separately each parcel of real estate in said city, and enter in as many separate columns as may be necessary the name of the owner of the freehold, his place of residence, (described, where it can be done, with reference to some particular street or part of a ward,) the nature of his estate, whether in fee or for life, (charging in the case of a lot leased for a term of years on ground rent, the lot with all improvements thereon not to the lessee but to the tenant for life, or fee simple owner, under whom the lessee holds,) the number of the lot, the street on which it fronts, and the number of feet that the lot or part of a lot charged fronts thereon; the value of the buildings on the land, and the value of the land, including buildings; and from whom, when and how the owner derived the land; making transfers on his land-book according to the lists, statements and abstracts mentioned in the 2d section; and making a note and explanation of each alteration made from the preceding book, showing why and upon what authority it was made. 64 REVENUE, He shall also in said book insert a list of all buildings erected in the city during the preceding year, stating as to each building for what use it is intended, whether it is of brick or wood, and the number of stories. 4. In ascertaining the value, the assessor shall be governed by the value as it appears on the land-book for the next preceding year, except so far as the council may otherwise direct by ordinance or resolution. lIe shall add the value of any old building omitted. and of any addition to or improvement on an old building, and of any new buildiug upon land on his book, and shall in respect to any land or building correct any error in the valuation thereof or otherwise, and supply any omission in his land-book, subject always to the following provisions: 5. When a lot becomes the property of different owners in several parcels, the value at which the whole had been assessed shall be divided by the assessor amongst the several parcels, having regard to the value of each parcel, compared with that of the whole lot, and the tax shall be apportioned accordingly. 6. When real estate is sold for taxes, if it be purchased by an individual, the assessor shall note in his land-book the quantity of land sold, and to whom, but shall continue the land upon his said book in the name of the former owner, until the purchaser obtains a deed therefor. If it be purchased in for the city, it shall be entered not in the body of the book, but in a separate list at the end of it. When, however, it is redeemed, it shall be replaced in the body of the book, in the name of the former owner or his grantee. 7. The assessor in making out his land-book shall correct any mistake made in any entry of the land-book of the preceding year. But land which has been correctly charged to one person shall not afterwards be transferred to another without evidence of record, or furnished as provided in section 2, that such transfer is proper, except as follows: When the owner dies intestate, the assessor may ascertain who are ASSESSOR'S POWERS AND DUTIES. G6 the heirs of the intestate, and charge the land to such heirs. Where the owner has devised the land absolutely, the assessor may charge the land to such devisee. If under the will the land is to be sold, it shall continue charged to the decedent's estate until a transfer thereof. 8. The assessor (when he takes the list of taxable personal property) shall carry with him the land-book of the preceding year, and the entry of lands charged to any person resident or having an agent within the city, shall be shown to such person or his agent, who shall be required to state on oath whether the same be correctly entered, whether any lart thereof ought to be transferred to any other person; and if so, to whom, and the nature of the evidence to authorize such transfer; also, to state whether any other land in the city ought to be charged to such resident or nonresident, and to describe the same, as well as to give a description of any of the lands charged to such resident or non-resident, which may not be correctly entered. And the assessor shall make such use of the information so obtained as he can properly make consistently with the other provisions of this ordinance. Any such resident or agent failing to comply with such requisition, shall forfeit twenty dollars. 9. No new building shall be assessed until it be so far finished as to be fit for use. But it shall then be assessed, whether entirely finished or not, at the same value as if it were finished upon the plan on which it is designed. 10. When from natural decay or other cause any building which may have been assessed shall be either wholly destroyed or reduced in value below one hundred dollars, the assessor shall deduct from the charge against the owner the value at which such building may have been assessed. 11. The assessor, or other person appointed for the purpose, in assessing the value of manufacturing or other mills or iron works, shall ascertain the value of all machinery and 9 (6 6REVENUE. fixtures attached thereto, and include the same in the valnation of suchl mills or iron worlds. 12. Each person of full age and sound mind, not a married woman, shall list the personal property in his possession or care subject to taxation, situate in the city, and the subjects and persons on account of which he is chargeable with taxes and levies. The property of a minor shall be listed by his guardian; if he has no other guardian, by his father, if living and in the city, if not, bykhis mother, if living; if neither be living in the city, by the person having charge of the property; of a wife, by her husband, if of sound mind, if not, by herself; of a deceased person, idiot or lunatic, by the personal representative or committee; of a person for whom property is held in trust, by the trustee, if in the city, if not, by the cestue que tru6st, or his or her father or husband; of a corporation whose assets are in the hands of agents, receivers or factors, by such agent, receiver or factor; of every company, firm, body politic or corporate, by the principal accounting officer, partner or agent thereof. All bonds, evidences of debt and claims, wherever the debtors may reside, and all moneys, shall be listed by the owner thereof or by the person required by this ordinance to list the same for taxation, or by the agent of such owner or other person having the control and custody of such bonds, evidences of debt, claims and moneys. 13. The assessor shall annually, as soon as may be after the first day of February, ascertain, and in a book (called the personal property book) enter-lst. The name of every free male inhabitant of said city who has attained the age of twenty-one years; showing the number of those that are white in a column separate from those who are not white. 2d. The name of each person, whether living in or out of the city, who on any day between the first day of February and the completion of said assessment, is possessed of, or employs within said city, whether as owner, hirer or other ASSESSOR'S POWERS AND DUTIES. 67 wise, a slave who has attained the age of twelve years. 3d. The name of each person, whether living in or out of the city, who is possessed in the city in his own right, or as personal representative, committee, trustee, guardian or agent, of any other personal property, showing in each case in what character he is possessed of the same. 4th. The name of every incorporated company lccated in the city. 14. The assessor shall annually, on the first day of February of each year, or as soon as may be thereafter, in said book enter-I-st. The name of each person or firm that careries on the business of merchant, trader or shopkeeper, whether by selling or buying; but this shall not include a person or firm that sells only agricultural products or stock of his or their own growth or raising, or buys for his own use or consumption as a manufacturer or mechanic. 2d. The name of every person or firm that is engaged in the business of a manufacturer, whether of flour, iron, engines, tobacco, machinery, or any other kind of manufacture. 3d. The name of each stock-broker, or other broker; of each agent of a company or corporation located out of the city, except of an insurance company located out of the city. 4th. The name of each person or firm carrying on business as an auctioneer. 5th. Of all keepers of ordinaries, of houses of private entertainment, of private boarding houses, of cook shops, eating houses, and lager beer saloons. 6th. Of all keepers of private negro jails or places wherein slaves are confineld. 7th. Of all persons who rent out houses or hire out or sell at private sale slaves for profit, whether auctioneers or keepers of a negro jail or not. 8th. Of all keepers of livery stables, and the number of stalls in each. 9th, All dealers in horses, or mules, or horned cattle. 15. The assessor shall state plainly in his book the peculiar character in which a person or firm is listed, and where corporations or agents of companies or corporations are listed, he shall state the nature of the business of each,. Where a merchant is listed, whether he sells by wholesale 68 REVENUE. or retail, and whether on his own account or on commission, and whether he has a license to sell spirituous liquors; when manufacturers are listed, what is the nature of the business; and when auctioneers or brokers are listed, whether they do a general business as such, or whether confined to a particular subject. 1 6. With respect to personal property, the assessor shall state in separate columns-lst. The greatest number of slaves over twelve years of age in the possession in the city of each person on any one day between the first day of February and the completion of said assessment. 2d. The greatest number of horses, mares, mules and colts in the possession of each person on any such day, and the value thereof. 3d. The greatest number of horned cattle in his possession on any such day, and the value thereof. 4th. The greatest number of riding or pleasure carriages not licensed to be kept in the city for hire, with the harness belonging thereto, whether such carriages be four-wheeled or two-wheeled, and whether a carriage, stage-coach, jersey wagon, carryal, gig or bufggy, or called by any other name, and the value thereof. 5th. The value of his gold and silver plate, whether the same be in use or not. 6th. The number of piano fortes, harps, violins, watches and clocks possessed by him, or in his house in the city, and the value thereof. 7th. The value of all his books, pictures, furniture and other articles about his house or lot, not before mentioned. 8th. The value of all other personal chattels. M1. He shall ascertain from each person residing in the city —I st. The greatest amount on any day between the first day of February and the completion of said assessment, of money held by him. 2d. The amount of interest or profit which has been received by such person, or has been converted into principal so as to become an interest-bearing subject, or otherwise appropriated, within the year next preceding the first day of February, arising from bonds or certificates of debt of any State or country, or of any public ASSESSOR S POWNV ES AND DUTIES. 69 corporation created by this or any other State, except bonds of this city and the State of Virginia. 3d. The amount of dividends upon bank stock received by him within the same period. 18. He shall ascertain from each person residing in his district the amount of all solvent bonds and securities, other than those mentioned in the preceding section, and of all solvent liquidated and certain demands and claims, however evidenced, owing and coming to such person, whether due or not, on the first day of February, deducting from the aggregate amount thereof the amount of all such bonds, securities, claims and demands owing to others from such person as principal debtor, and not as guarantor, endorser, or surety; but in neither case shall unsettled book accounts be included. The aggregate of principal and interest slall constitute the amount of a bond or claim due and payable. The present value, after deducting the legal interest, shall constitute the amount of a bond or claim not yet due and payable, and which bears no interest. 19. Ile shall ascertain from the proper officers of all incorporated joint stock companies in the' city, except banks of circulation and companies incorporated for the purpose of internal improvement, the amount of their capital, not including that invested in real estate and slaves, used, employed or invested in the business for which such companies were respectively incorporated. Their real estate and slaves shall be listed and assessed as in other cases. 20. He shall ascertain the capital not invested in real estate or slaves, of all insurance companies and savings institutions, other than those which have within the year preceding the first day of February declared dividends of profits. He shall ascertain also all such companies and institutions which have declared dividends of profits, and shall list for taxation the anmournt of such dividends declared within one year next preceding the first day of February in each year. 70 REVENUEU The real estate and slaves of such companies and institutions shall be assessed and listed as in other cases. 21. He shall ascertain from the agents of all joint stock companies or corporations located out of the city, except of internal improvement companies, banks, and insurance companies, the amo unt of interest, profits or dividends, made by such agency within twelve months preceding the first of February in each year. 22. There shall be excepted out of sections 16, 17 and 18, all carts, wagons, dlrays and hacks, with their harness and the horses and mules used therewith, for which a license has been paid; also the household and kitchen furniture in an ordinary or house of private entertainment; and all the personal property, (except slaves,) accounts, moneys, bonds, securities and liquidated claims which any person shall on oath aver constitutes a part of the capital employed by him or his firm in any trade or business which is specifically taxed, 23. The assessor shall calf upon every person in the city required by this ordinance to give in a list of property, moneys,, credits or other subjects of taxation, for a list thereof; and may apply to any officer or agent of a company, or to any person interested therein; and shall administer an oath to every person to make true answers to such questions as he may ask him in relation to any matter about which the assessor is authorized to enquire. And if any such person shall refuse to'take such oath, or having taken it, shall refuse to answer such questions, he shall be fined not less than ten nor more than twenty dollars for each time he shall so refuse. The assessor failing to make any call required by this section shall forfeit twenty dollars. And if he shall fail to administer such oath as is herein prescribed, he shall forfeit five dollars. 24. The assessor shall endeavor, by asking proper questions and obtaining answers thereto, to have in such lists a ASSESSOR'S POWERS AND DITIES. 71 correct and full statement of the persons and personal property, and the value thereof, in the city, subject to taxation or levy, which were in the possession of each person on the first of February or since that time, as prescribed in this ordinance, and of all other subjects before mentioned, on account of which any person or company was then chargeable. And he shall require the person giving in the list to give in the persons, property or other subject under The proper head as hereinbefore designated. 25. The assessor shall ascertain and assess the value of all property, other than slaves, ascertained and limsed as aforesaid, Each list, with the valuation of- the property a nnoxed, shall be read over by the assessor to the person from whom it is obtained, or on whose information it is made out, and shall be corrected in such respects as may be necessary. 26. It shall be the duty of the assessor to make off from time to time, as he shall proceed with his assessment, and complete it immediately upon completing said assessment, an alphabetical list of all persons or firms engaged in any trade or business in the city which shall be subjected to a class tax in which he shall states the trade or business in which such person or firm is engaged, and the other facts in relation to merchants, traders and shopkeepers, required to be stated in section 15 of this ordinance. This list he shall deliver to the chamberlain of the city, who shall call a meeting of the committee of finance for the next dcay, unless that be Sunday. 27. No tax shall be assessed or collected on; any land or building belonging to the city, or to the United 8tates, or the State, or county of Henrico, nor upon any articles of' property kept in such buildings by proper authority and used for public purposes; nor upon any used for divine worship; nor upon any belonging to a college or incorporated academy, or the Mechanics' Institute, and used for' college or school purposes; nor upon any belonging to an orphan asylum; nor upon any other property which may be exempt P7 2 REVENUEo from the city taxes by a law of the State, or an ordinance or resolution of the council. 28. In the assessor's books each ward shall be separate, and the namnes required by the 3d, 13th and 14th sections shall be arranged in alphabetical order. Opposite to the name of' each person or firm shall be extended the amount of the assessedl taxes on him and on his property, and on every thing entered in connection with his name. The assessor's property shall be entered and taxes charged to him as in the case of any other person. 29. If any person shall refuse to give in to the assessor an account of all his property, as hereinbefore directed, and state the value thereof, or produce the saine to the assessor to be valued by him, he shall pay a fine of not less than ten nor more than twenty dollars. And the assessor shall set down the highest valuation which such kind of property may bear. 30. When in consequence of the failure or refusal of any person to give to the assessor an account of his property, and state the value thereof, or produce the same to the assessor to be valued by him, as required by this ordinance, the list thereof shall have been obtained too late to be placed upon the assessor's books of personal property for the year in which it is so obtained, it shall be entered on the books of the next year along with the list of the next year, and there shall be added to the tax omitted lawful interest on the amount thereof for one or more years, as the case may be. 31. The assessor, after completing his land-book and his book of personal property, shall make two fair copies thereof. At the foot of each copy, he shall write and subscribe the following oath: i" I, A. B., assessor of taxes for the city of Richmond, do swear, that in making out the foregoing book I have, to the best of my skill and judgment, faithfully pursued the ordinance of the city." The said oath shall be taken before a justice, who shall annex thereto and subscribe ASSESSOR'S POWERS AND DUTIES, 73 the following certificate: "Sworn to before me, C. D., a justice of the peace for the city of Richmond, this day of." 32. Of each book the assessor shall retain the original until he ceases to be in office, and shall then deliver it to his successor; and the assessor shall, on or before the first day of June in each year, deliver to the auditor the two copies. WVhen this has been done by the assessor, the copies of said book shall be examined by or under the direction of the committee of finance, and they shall cause to be corrected therein any errors which may be found in the same. The copies as corrected shall be certified by the chairman of the committee of finance. The auditor shall keep one of said copies in his office, and deliver the other to the collector of the city taxes. The latter copy may, before such certificate, be delivered to the collector by authority of said committee; but if afterwards they correct errors, a statement of such errors shall be delivered by them to the collector. When the amount of tax on any person depends on his class, the committee of finance shall direct the assessor in what class such person shall be placed. 33. After such certificate by the committee as to any book, no alteration shall be made in it by the assessor affecting the taxes of that year, unless directed by the council. On affidavit that a person is charged improperly with a tax, the president of the council may, by an order in writing, suspend the collection thereof, or of so much thereof as he may see fit, for such time as he may deem sufficient to give an opportunity for an application to the council to correct' the alleged error. But no tax shall be remitted by resolution of the council after a year from the day on which the book containing the assessment of said tax shall have been certified by said committee. 34. No payment shall be made to the assessor on account of his services for the year fobr which he was appointed, until such services are certified by the committee. After such 10 74 JREVENUE. certificate, the auditor may, on the order of the chairman of said committee, pay to the assessor on account of his services for said year six hundred dollars, deducting five dollars per day for each day beyond the first day of June that he may have failed to deliver the copies of his books to the auditor, and pay to him seventy-five cents for each entry on his land-book, transferring lands before charged to one person unto another; provided that when more than one parcel of land is conveyed by the same deed, only seventy-five cents shall be paid for all embraced therein. At the end of said year the auditor may, on a like order, pay the said assessor, as the residue of his compensation for said year, the further sum of six hundred dollars. 35. In addition to the other duties prescribed by this ordinance, the assessor shall perform such services in examining the polls or otherwise, as may at any time be required of him by the council or by a committee. TAXES. AN ORDINANCE IMPOSING TAXES FOR THE SUPPORT OF THE CITY GOVERNMENT. 1. Tax on real estate. 12. Tax on keepers of private boarding 2, Tax on personal property, money houses. and credits. 13. Tax on keepers of lager beer saloons. 3. Tax on persons. 14. Tax on keepers of negro jails. 4. Tax on interest or profit on public 15. Tax on agents to hire out slaves or bonds. rent out houses. 5. Tax on dividends of savings institu- 16. Tax on dealers in horses, mules and tions and insurance companies. horned cattle, 6. Tax on dividends of bank stocks. 17. Tax on auctioneers. 7. Tax on merchants, traders and shop-. 18. Tax on keepers of cook shops and keepers. eating houses. 8. Tax on manufacturers. 19. How person may obtain license to 9. Tax on brokers. commence business. 10. Tax on ordinaries. 20. How license taxes to be collected, 11. Tax on keepers of houses of private 21, Tax on keepers of livery stables. entertainment. TAXES. 75 22. Committee of finance to classify per-1 23. How person dissatisfied with his sons. class may be heard. Be it ordained by the council of the city of Richmond, That there shall be levied and collected for each fiscal year, upon the persons and subjects embraced in the ordinance entitled, An ordinance concerning the powers and duties of the assessor of city taxes, the taxes following, viz: 1. On real estate, not exempt from taxation, 80 cents on every hundred dollars value thereof; and herein shall be included all real estate not exempt from taxation, of incorporated joint stock companies, savings institutions, and insurance companies. 2. On all the personal property, moneys and credits required by the said ordinance to be listed, and not exempt from taxation, except slaves over twelve years of age, 80 cents on every hundred dollars value thereof; and herein shall be included all the capital invested or employed in any trade or business, which is not specifically taxed, and all the personal property and moneys of incorporated joint stock companies, except the moneys and personal property that constitute part of the capital of the banks, and except the moneys and personal property of savings institutions and insurance companies which have declared dividends within one year preceding the 1st day of February. 3. On every free person over twenty-one years of age, three dollars. On every slave over 12 years of age, owned or hired by any company, institution, or person whatever, three dollars. 4. On the interest or profit which may have been received by any person, or converted into principal, so as to become an interest-bearing subject, or otherwise appropriated, within the year next preceding the first day of February of each year, arising from bonds or certificates of debt of any State or country, or of any corporation created by this or any other State, except from bonds of this city and the State of Virginia, ten per centum. 76 REVENUE. 5. On the dividends declared within the year preceding the first day of' February, by savings institutions and insurance companies located in the city, to be paid by such institutions and companies respectively, ten per centum. 6. On the.dividends on bank stock received within one year preceding the first of February, ten per centum. 7. Merchants, traders and shopkeepers shall be divided into ten classes, and shall pay, if in the first class, $600; if in the second class, $500; if in the third class, $400; if in the fourth class, $300; if in the fifth class, $200; if in the sixth class, $100; if in the seventh class, $50; if in the eighth class, $25; if in the ninth class, $10; if in the tenth class, $5: And if he shall have a license under the State law to sell wine, ardent spirits, or a mixture thereof, he shall pay an additional tax of $10; and if a rectifier of spirituous liquors, $50 additional. 8. Manufacturers shall be divided into seven classes, and shall pay a license tax, if in the first class, $1,000; if in the second class, $750; if in the third class, $500; if in the fourth class, $250; if' in the fifth class, $100; if in the sixth class, $50; if' in the seventh class, $25. 9. Stock brokers shall be divided into two classes. Such brokers shall pay a tax, if of the first class, $100; if of the second class, $50. And he shall thereupon have the right to sell said stocks at auction or otherwise. All other brokers shall be divided into four classes, Such brokers shall pay a tax, if of the first class, $600; if of the second class, $500; if of the third class, $400; if of the fourth class, $200. 10. Keepers of ordinaries shall be divided into five classes. A keeper of an ordinary shall pay a tax, if of the first class, $600; if of the second class, $400; if of the third class, $200; if of the fourth class, $100; if of the fifth class, $50. 11. Keepers of houses of private entertainment shall be divided into three classes. A keeper of a house of private entertainment shall pay a tax, if of the first, class, $200; if of the second class, $100; if of the third class, $50. TAXES. 7T 12. Keepers of private boarding houses shall be divided into five classes. A keeper of a private boarding house shall pay a tax, if of the first class, $50; if of the second class, $g0; if of the third class, $20; if of the fourth class, $10; if of the fifth class, $5. 13. Keepers of lager beer saloons shall be divided into two classes. The keeper of a lager beer saloon shall pay, if of the first class, $30; if of the second class, $15. 14. Keepers of negro jails shall be divided into three classes. The keeper of a negro jail shall pay, if of the first class, $50; if of the second class, $30; if of the third class, $20. 15. Agents to hire out or sell slaves, or rent out houses, shall be divided into three classes. And such agent shall pay, if in the first class, $50; if in the second class, $30; if in the third class, $20. 16. Dealers in horses, mules or horned cattle, shall be divided into two classes. Every such dealer shall pay, if in the first class, $50; if in the second class, $25. 17. Auctioneers shall be divided into eight classes. An auctioneer shall pay a license tax, if of the first class, $2,000; if of the second class, $1,600; if of the third class, $1,200; if of the fourth class, $1,000; if of the fifth class, $750; if of the sixth class, $500; if of the seventh class, $250; if of the eighth class, $100. 18. Keepers of cook shops and eating houses, shall be divided into four classes. A keeper of a cook shop or eating house shall pay a license tax, if of the first class, $100; if of the second class, $75; if of the third class, $50; if of the fourth class, $25, 19. Any person who desires to commence a business which is assessed with a class tax, may apply to the council, which shall determine the class in which he shall be placed; and upon paying to the chamberlain the tax assessed upon his class, shall have the privilege of doing said business, as if he had been assessed by the assessor. 78 REVENUE. 20. The aforesaid taxes on licenses shall go into the hands of the collector of city taxes, and be collected by him as taxes on property are collected; and the same shall be subject to a deduction for prompt payment, as are taxes on property. 21. Keepers of livery stables shall pay a tax of twenty-five cents on each stall in his stables. 22. The committee of finance shall, with the aid of the assessor's list, and the assessor's book, and such other helps as they may think will aid them, place each of the persons and firms employed in the trade or business referred to in sections 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, of this ordinance, in the class to which the committee shall be of opinion such person or firm properly belongs, looking to all the circumstances of the case. And the assessor, in making out his books, shall be governed by the action of the committee. 23. When the committee of finance shall have classified the persons and firms referred to in the preceding section, the classification so made shall remain in the office of the auditor for at least one week; and the auditor shall give notice thereof in three of the daily papers published in the city, and shall also give notice of the time, not less than one week from the date of the notice, when the committee of finance will meet to hear applications from all persons who shall think that they are put into too high a class. And the said committee shall, after hearing the party and any evidence he may produce, change the class of such person or firm, or permit it to remain as it has been fixed by them, as shall appear to the committee just and equal. COLLECTION OF ASSESSED TAXES, 9 COLLECTION OF TAXES. AN ORDINANCE CONCERNING THE COLLECTION OF THE ASSESSED TAXES. 1. Collector to give bond. When coun- 14. When tenant paying taxes to be crecil may appoint collector. dited on his rent. 2. Collector may appoint deputies. 15. Penalty on collector for returning Collector liable for his acts. land delinquent, having received the 3. Ten per cent. allowed for prompt taxes, or when he might have colpayment of taxes. Collector to give lected them. notice, 16. When slaves shall not be distrained. 4. When collector shall pay in daily, Distress or levy shall be reasonable, when weekly. 17. Slaves, &c., levied on to be sup5. List of taxes paid in June and De- ported. Not to be removed out of cember to be made out by collector, city. 6. Collector to collect taxes. When to 18. How sale shall be made. commence. 19. When slaves, &c., shall be sold. 7. When collector may distrain. 20. When sale may be adjourned. 8. What may be distrained. 21. When collector may distrain before 9. When property of tenant may be dis- September. When he shall pay in. trained. For what part of tax there What account he shall render at the may be a distress. end of the year. 10. Mortgage, &c., of goods not to pre- 22. What list of property on assessor's vent distress for taxes. books to be made out by collector. 11, When collector may summon gar- 23. What list of taxes uncollected to be nishee, and how. Taxes a lien on the made out. debt, &c. 24. By whom lists examined. How cola 12. If garnishee does not appear, what lector credited. How list disposed of. judgment shall be against him, 25. Penalty on collector for failing to 13. If he does appear, what proceeding pay the amount of taxes in his hands, and judgment. 1. Be it ordained by the council of the city of Richmond, That the collector of the city taxes shall give bond in the penalty of thirty thousand dollars, payable to the city of Richmond, with surety deemed sufficient by the council, and with condition for the faithful discharge by him of the duties of his office. He shall not act in his office until his bond is approved by the council. It shall afterwards be preserved in the chamberlain's office. If there be delay for a longer time than the council may deem reasonable to give bond approved by it, the council may declare the office vacant, and proceed to appoint a collector. 80 REVEN1U. 2. The collector may, with the consent of the council, appoint a deputy or deputies, who may be removed from office by the collector or by the council. During the continuance in office of the collector, a deputy of his may discharge any of the duties of the office of collector; but the collector and his sureties shall be liable therefor. 3. The collector of the city taxes shall annually give notice, in at least four of the daily newspapers of the city, for fifteen days prior to the fifteenth day of June, that he will attend at his office daily, between the hours of 9 o'clock A. M. and 6 o'clock P. M., from the fifteenth to the thirtieth of June, inclusive, for the purpose of receiving from any person charged with city taxes, the whole or one-half of the amount of tax charged, deducting from the whole amount, or one-half, as the case may be, ten per centumr thereon. The collector shall in like manner give notice for fifteen days prior to the fifteenth of December, that he will attend at his office daily, between the above mentioned hours, from the fifteenth to the thirty-first of December, inclusive, for the purpose of receiving from any person who has already paid one-half only of the city taxes charged to him, the remaining half, deducting from such half ten per centum thereon. 4. The collector shall daily, from the fifteenth to the thirtieth of June inclusive, and from the fifteenth to the thirtyfirst of December inclusive, pay into the city treasury the amount received by him for city taxes during the said periods, retaining a commission of one and a half per centum thereon. The amount of taxes received by the collector between the thirtieth of June and the fifteenth of December, and between the thirty-first of December and the last day of February, he shall pay into the city treasury at the end of every week, retaining a commission of one and a half per centum thereon. 5. The collector shall make out lists of the taxes received by him from the fifteenth to the thirtieth of June inclusive, COLLECTION OF ASSESSED TAXES. 81 and from the fifteenth to the thirty-first of December inclusive, showing the date of receipt, the names of the persons charged with tax, the amount charged and the amount paid the collector, after deducting the above mentioned ten per centum. And the collector shall, as soon as practicable after the expiration of the above mentioned periods of payment, prepare an alphabetical arrangement of the said lists for more convenient reference thereto. 6. The collector shall proceed to collect all of the taxes assessed on the books of the assessor, and all taxes of which an account or statement is delivered by the assessor to the collector, under any ordinance of the city. He shall commence his collection annually on the 15th day of June, or as soon thereafter as practicable. 7. If all taxes with which any person or any estate of a decedent is assessed, be not paid before the first day of September, the collector may distrain. 8. Any goods or chattels in the city belonging to the person or estate assessed with taxes, may be distrained therefor. 9. The goods and chattels of the tenant or other person in possession, claiming under the party or estate assessed with taxes on land, mav be distrained, if found on the premises. But when taxes are assessed wholly to one person on a lot, part of which has become the freehold of another by a title recorded before the commencement of the year for which such taxes are assessed, the property belonging to the owner of that part shall not be distrained for more than a due proportion of such taxes. 10. No deed of trust or mortgage upon goods or chattels shall prevent the same from being distrained and sold for taxes assessed against the grantor in such deed, whilst such goods and chattels remain in the grantor's possession; nor shall any such deed prevent the goods and chattels conveyed from being distrained and sold for taxes assessed thereon, no matter in whose possession they may be found. 11 82 REVENUE. 11. Where the collector cannot find sufficient goods or chattels to distrain for taxes, any person indebted to, or having in his hands estate of the party assessed with such taxes, may be applied to for payment thereof out of such debt or estate, and a payment by such person of the said taxes, either in whole or in part, shall entitle him to a charge or credit for so much on account of such debt or estate against the party so assessed. If the person applied to do not pay so much as it may seem to the officer ought to be recovered on account of the debt or estate in his hands, the officer shall, if the sum due for such taxes exceed not twenty dollars, procure from a justice a summons directing such person to appear before some justice at such time and place as may seem reasonable; and if the sum due exceed twenty dollars, shall procure from the clerk of the court of hustings for the city a summons, directing such person to appear before said court on the first day of the next term thereof. And from the time of the service of any such summons, the said taxes shall constitute a lien on the debt so due from such person, or on the said estate in his hands. 12. If such summons be returned executed, and the person so summoned do not appear, judgment shall be entered against him for the sum due for such taxes, and for the fees of the clerk and the officer who may execute the summons. 13. If the person so summoned appear, he shall be interrogated on oath, and such evidence may be heard as shall be adduced, and such judgment shall be rendered as upon the whole case shall seem proper. 14. A tenant from whom payment shall be obtained by distress or otherwise, of taxes due from a person under whom he holds, shall have credit for the same against such person out of the rents he may owe him, except where such tenant is bound to pay such tax by an express contract with such person. 15. Any officer who shall return in any such list real estate as delinquent for the non-payment of taxes, when COLLECTION OF ASSESSED TAXES. 83 such taxes, or any part thereof, have been received by him, shall forfeit, if' the return was made by design, ten times the amount of taxes so actually received, and if the return was by mistake, twice the amount, one half of which forfeiture shall in each case be to the city, and the other half to the person charged with such taxes. And if the collector shall return in such list any real estate as delinquent, when he had either found, or by using due diligence might have found sufficient property within the city liable to distress for the taxes for which such real estate is returned delinquent, he shall forfeit to the city a sum equal to five times the amount of the said taxes. 16. Slaves shall not be distrained or levied upon, without the debtor's consent, when there are other goods and chattels of such debtor sufficient for the purpose, which are shown to the collector, and which it is in his power to take; as the collector shall in no case make any unreasonable distress or levy. 17. For slaves, horses, or any live stock distrained or levied upon, the collector shall provide sufficient sustenance whilst they remain in his possession. Nothing distrained or levied upon shall be removed by him out of the city, unless where it is otherwise specially provided. 18. In any case of goods and chattels which the collector shall distrain or levy upon for taxes, and which he may be directed to sell by an order of the court or justice, (unless such order prescribe a different course,) he shall fix upon a time and place for the sale thereof, and publish notice of the same at least ten days before the day of sale, at the door of the courthouse of the city, on a court day. The collector shall, at the time and place so appointed, sell to the highest bidder for cash, the said goods and chattels, or so much thereof as may be necessary. 19. If such goods and chattels be slaves, mules, workoxen or horses, they shall be sold at the courthouse between the hours of ten in the morning and four in the afternoon. 84 REVENUE. The sale shall be on the first day of the term of the court next succeeding that at which they may be advertised, except where the parties shall, at or before the time for advertising the sane, in writing, authorize the collector to dispense with the provisions of this section, in which case the sale shall be according to the preceding section. 20. When there is not time on the day appointed for any such sale, to complete the same, the sale may be adjourned from day to day until it shall be completed. 21. If there be good cause to believe that a person assessed with taxes, not on real estate, intends to remove his property out of the city, or to sell out or close his business therein, the collector may, unless such taxes be paid on demand, distrain therefor, although the first day of September may not have arrived. To enable the collector to ascertain the amount of taxes charged to any such person, the assessor, if his books have not been returned, shall, on the application of the collector, deliver him a statement of such taxes. Whenever taxes are received under this section by the collector, before the 15th day of June, the collector shall, within one week thereafter, pay the same into the city treasury. Annually, on or before the last day of February, the collector shall render to the auditor an account of all taxes which shall have been in his hands within the year ending on that day, except such taxes as he may be entitled to credit for on account of real estate purchased for the city under the ordinance concerning the sale of land for taxes, and except the taxes embraced in the lists hereinafter mentioned in the 22d and 23d sections. 22. The collector annually shall make out after the last day of December, and deliver before the first day of February, to the auditor, verified on oath, a list of property on the assessor's book improperly placed thereon, or not ascertainable, stating in such list the names, alphabetically, of the persons charged with the taxes on such property, and the amount of such taxes; subjoined to which list, the collector COLLECTION OF ASSESSED TAXESo 85 shall make a memorandum of any persons or property which he thinks have been omitted on the books, and of any other errors which he has reason to believe exist therein. 23 The collector shall annually make out a list of the taxes other than on real estate which remain uncollected, with the names of the persons charged with such taxes placed alphabetically; which list shall be verified by his oath, and delivered by him to the auditor on or before the last day of February, and a copy thereof shall be posted at the front door of the City Hall during the March term of the hbustings court. 24. The lists mentioned in the two preceding sections shall be examined by the auditor and laid before the council. The auditor shall credit the collector on account of the taxes mentioned in said lists with such amount as the council may direct; and of that mentioned in the twenty-second section, he shall, as soon as practicable, deliver a copy to the assessor, who shall correct his books as may appear proper. After such credit is directed on account of any list the collector shall not receive any of the taxes mentioned therein; but the list mentioned in the twenty-third section shall be placed by the auditor for collection, in the hands of such person and on such commission as the council may direct. 25. If, after the collector receives such credit on account of real estate purchased for the city as is mentioned in the 21st section, and such credit as the council may direct under the preceding section, any of the taxes which shall have been in his hands remain unpaid, he or his representative shall, on being notified thereof' by the auditor, pay into the city treasury the amount of such taxes, deducting therefrom a commission of one and a half per centum thereon. If there be a failure to make such payment for three days after such notice, the collector shall have no commission on said amount; and the chamberlain shall deliver a copy of the collector's bond to the attorney for the city, who shall proceed thereon. Dan ~6'~REVENU E. SALE OF LAND FOR TAXES. AN ORDINANCE CONCERNING THE SALE OF LAND FOR TAXES. 1. Year for taxes on real estate, when I1. Who may redeem lots sold, and to commence. Lien. when. 2. When lots advertised for non-pay- 12. When purchaser may obtain title, ment of taxes. What shall be stated What he shall do. therein, 13. When and how deed may be made to 3. Notice of sale to be subjoined. assignee or heir. I. When sale shall be made, and when 14. When owner may redeem, purchaser and how adjourned. failing to get title. 5. So much of each lot or part of lot to 15. What title shall vest in purchaser, be sold as necessary. though proceedings irregular. 6. Collector shall not purchase real 16. When infants, &c., may redeem, and estate sold. on what terms. 70 Form of collector's receipt to pur- 17. When collector shall purchase on bechaser. halt of the city. 8. Collector shall make out list of sales. 18. When and how lot purchased by city 9. Collector's oath. may be redeemed. 10. When list shall be returned to chamberlain. 1. Be it ordained by the council of the city of Richmond, That the year for which taxes on real estate are assessed shall be deemed to commence on the first day of January; and there shall from that day be a lien on real estate for the taxes assessed thereon within the year so commencing. 2. The collector of the city taxes shall annually, after the first day of January, and before the February term of the hustings court for this city, cause to be published twice in each week, for the four weeks preceding said February term of the court, in two or more newspapers printed in this city, a list of the real estate in this city on which taxes remain unpaid, mentioning the amount due for taxes on each lot or part of a lot, and the name of the party assessed therewith, and describing such lot or part of a lot as it is entered in the assessor's books. The collector shall also post a copy of the said list on one of the doors of the City Hall on the first day of the January term of the said court of hustings. SALE OF LAND FOR TAXES. 87 3. To the list and copy so published and posted, he shall subjoin a notice that each lot or part of a lot therein mentioned, or so much thereof as shall be sufficient, will be sold at public auction between the hours of twelve in the morning and four in the afternoon, at the City Hall, on the first day of the said February term of the court of hustings, unless there be previously paid the taxes on the same and twenty per centum on such taxes, for the charges. 4. If the said taxes and such per centum be not previously paid, the collector shall proceed to make sale accordingly; and the sale may be adjourned from day to day, and proceed between the hours aforesaid, until it shall be completed. If, however, the sale be not completed on the last day of the court, it shall be adjourned to the first day of the next court. It may then proceed, and be adjourned in like manner as at the previous term. Whenever there is an adjournment to the next court, notice thereof shall be given by advertisement in two or more of the city papers twice a week for four weeks. 5. The collector shall sell separately so much of each lot or part of a lot as shall be sufficient to satisfy the taxes thereon with such per centum and a commission of ten per cent. on such taxes for the collector. 6. The collector shall not, directly or indirectly, purchase any real estate sold. If he does, he shall forfeit to the city twenty dollars for every such purchase, and the same shall moreover be void. 7. The collector shall make out for each purchaser a receipt to the following effect: Mlemorandum of Real Estate within the city of Richmond, sold this day of eighteen hundred and for the non-payment of taxes thereon for the year 88 REVENUE.; Q E x_ e; - 4 0. Beceived of dollars and cents, the amount of purchase money for the land mentioned in the above memorandumn; and received of him tin addition thereto a fee for this receipt of twenty-five cents. Which receipt shall be delivered by the collector to the purchaser on the purchaser's paying him the said purchase money and fee. 8. The collector shall make out a list of the sales with the following caption thereto: " List of real estate within the city of Richmond sold in the month (or months) of eighteen hundred and for the non-payment of taxes thereon for the year eighteen hundred and." Underneath shall be the several columns mentioned in the 7th section, with a like caption to each column. And there shall be an additional column, showing the date of each sale, unless the sales were all on one day, in which case the day may be mentioned in the caption. 9. The collector shall subscribe and take before a justice the following oath: I I, A. B., collector of the taxes of the city of Bichmond, do swear that I used due diligence to find property within this city liable to distress for the taxes mentioned in the foregoing list, but could find none; that I have received no part of the said taxes in any other way than by means of the sales mentioned in the said list; that the said list8 is I verily believe, correct and just; and that I am not directly SALE OF LAND FOR TAXES. 89 or indirectly interested in the purchase of any of the real estate therein mentioned. " 10. The said list, with a certificate of the said oath subjo ned or attached thereto, shall be returned to the auditor on or before the last day of February. 11. The owner of any real estate so sold, his heirs or assigns, or any person lhaving a right to charge such real estate for a 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 additional taxes thereon as may have been paid by the purchaser, his heirs or assigns, with interest on the said p)urchase money and taxes at the rate of ten per centum per annum from the tinmes that the same may have been so paid; or the same may be paid within the said two years to the chamberlain of the city, in any case in which the purchaser, his heirs or assigns, may refuse to receive the same, or mnay not reside or cannot be found in the city of Richmond. 12. The purchaser of any real estate sold for taxes and not redeemed, shall, after the expiration of two years from the sale, obtain firom the auditor a deed conveying the same, wherein shall be set forth what appears in his office in relation to the sale. If the sale be not of the whole lot or part of a lot that is delinquent, the purchaser shall have the part sold surveyed and laid off, at his expense, by the surveyor of the city, so as not to include the improvements on the same, if it can be avoided. A plat and certificate of every such survey shall be delivered to the auditor, and referred to in his deed, and annexed by him thereto. For every deed executed under this section the auditor shall be entitled to one dollar, which the purchaser shall pay him on the delivery of the deed. 13. When the purchaser has assigned the benefit of his purchase, the deed may, with his assent, evidenced by his joining therein, or by a writing annexed thereto, be executed to his assignee. If the purchaser shall have died, his 12 90 REVENUE. heirs or assigns may move the court of hustings of this city to order the auditor to execute a deed to such heirs or assigns. 14. If no such deed or order of court be made under this ordinance within one year after the expiration of the said two years, the former owner, his heirs or assigns, may, alter such year, and before such deed or order is made, redeem the land by paying such amount, with such additional taxes and such interest as is mentioned in the 11th section, together with the costs of the survey, or report, (and interest thereon,) if any shall have been returned to the chamberlain. The payment under this section may be to the chamberlain. 15. When the purchaser of any real estate, sold for taxes, his heirs or assigns, shall have obtained a deed therefor under this ordinance, and within sixty days from the date of such deed, shall have caused the same to be recorded in the clerk's office of the court of hustings for this city, such estate shall stand vested in the grantee in such deed as it was vested in the party assessed with the taxes (on account whereof the sale was made) at the commencement of the year for which the said taxes were assessed, notwithstanding any irregularity in the proceedings under which the said grantee claims title, unless such irregularity appear on the face of the proceedings. And 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. 16. Any infant, married woman, insane person, or person imprisoned, whose real estate may have been so sold, may redeem the same by paying to the purchaser, his heirs or assigns, within two years after the removal of the disability, the amount for which the same was so sold, with the necessary charges incurred by the purchaser, his heirs or assigns, in obtaining the title under the sale, and such additional taxes on the estate as may have been paid by the SALE Or LAND FOR TAXES. 91 purchaser, his heirs or assigns, and interest on the said items, at the rate of ten 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. 17. When a parcel of real estate is offered for sale as aforesaid, by the collector, and no person present bids such sum as is required by the 5th section, the collector shall p)urchase the same on behalf of the city for the taxes thereon and the said twenty per centum. A list of the real estate so purchased by the city shall be made out by the collector, and after being verified by him on oath, shall, on or before the last day of February, be delivered by him to the auditor, who shall make out a copy thereof and deliver it to the assessor and credit the collector with the amount for which the said real estate may have been so purchased, but not with any commission thereon. There shall be no right to such credit unless the said list be so delivered on or before the said last day of February. 18. The previous owner of any real estate so purchased for the city, his heirs or assigns, or any person having a right to charge such real estate ibr a debt, may, until a further sale thereof by authority of the council, redeem the same by paying to the chamberlain the amount for which such real estate was so purchased, with such additional sums as would have accrued for taxes thereon if the same had not been purchased for the city, and interest at the rate of ten per centurn per annum on the former amount from the date of the purchase, and on the additional sums from the fifteenth day of December in the year in which the same would so have accrued. When real estate so purchased is redeemed, the chamiberlain shall certify the fact to the assessor. 92 REVENUE. INSURANCE OFFICES. AN ORDINANCE CONCERNING THE TAXES ON INSURANCE OFFICES. 1. Agents of insurance offices out of the 3. What account such agent to keep. city to obtain license. Penalty for 4. When agent shall return to chainfailure, berlain an account. 2, License to be issued upon order of 5. License for one year from date. council and payment of tax. 1, Be it ordained by the council of the city of Richmond, That no agent or sub-agent of any insurance company or office, incorporated or authorized by another State, or whose principal office is located out of the city, shall establish or keep any office, or transact the business of his agency within this city, without obtaining from the chamberlain a license therefor. Any person violating this section shall pay to the city a fine of not less than five nor more than twenty dollars for each day on which there is such violation. 2. The chamberlain shall not issue to any such agent or sub-agent a license under the preceding section, until it is applied for to, and directed by the council, nor until a tax be paid thereon of fifty dollars, and bond be given in the penalty of one thousand dollars, with sureties approved by the council, conditioned to account for, and pay to the city at such time and in such manner as is required by this ordinance, four per centum on the premiums received by such agent or sub-agent, except an agent or sub-agent for insurance on lives, the condition of whose bond shall be to pay one per cent. on the premiums received by him. 3. Every person so licensed shall, in a separate book kept for the purpose, enter on each day that such premiums are received, the amount thereof, which book shall, when the council so orders, be produced to it for examination. If on any day he fail so to do, he shall for every such failure, pay to the city a fine of twenty dollars. TAX ON INSURANCE OFFICES. 93 4. Every person so licensed shall, on the first day of December and first day of June in each year, return to the chamberlain an account, verified on oath, of the premiums received by him within each of the preceding six months, showing the amount to be paid thereon, according to the second section, and at the time of rendering such account he shall pay such amount to the chamberlain. If any such person fail for thirty days to render such account or to make such payment, he shall thereby forfeit his license, and the chamberlain shall deliver a copy of his bond to the attorney for the city, who shall institute legal proceedings thereon.'le shall also report such failure to the council at its first meeting afterwards. 5. Every license issued under this ordinance shall be for one year from its date and until the next regular session of the council thereafter, unless sooner revoked. The chamberlain may demand from any person receiving any such license, a fee therefor of one dollar. LICENSES GRANTED BY THE MAYOR. AN ORDINANCE CONCERNING LICENSES GRANTED BY THE MAYOR. 1. Non-resident hawkers, &c., to obtain l 3. When mayor may grant license. license. i 4. When mayor may suspend license. 2. Tax on billiard tables, &c. 5. Fine for acting without license. 1. Be it ordained by the council of the city of Richmond, That no non-resident of the city shall act as hawker. or pedlar, without first paying to the chamberlain a tax of twenty dollars for one year, and obtaining a license from the mayor. 2. A tax shall be paid to the chamberlain, of fifty dollars per year, on every billiard table kept by any person for the 94 REVENUE. accommodation of others; of twenty dollars per year on every bowling alley so kept; of seven dollars per week or two hundred dollars for a year on theatrical performances in a public theatre; of twenty dollars for every circus exhibition of animals or jugglers, and ten dollars on any other public show, exhibition or performance elsewhere, for every twenty-four hours, or each time of performance, unless the same be in a room fitted for public exhibitions, in which case, the proprietor or occupier of such room may pay either seventy-five dollars for a year, or the said ten dollars for twenty-four hours, at his election; and when there are two or more rooms fitted up in the same building, each separate room shall pay a like tax, and a separate license shall be obtained therefor. But no tax shall be required under this section on a performance consisting only of vocal or instrumental music; or from a lecturer on a literary or scientific subject; or from a mechanic or artist exhibiting a work of painting or sculpture, or a work or production of his own invention or art, or a model illustrating such invention or art. And the mayor, in his discretion, may dispense with the tax in the case of a performance, exhibition or show for a religious or charitable purpose. 3. When, in any case mentioned in either of the preceding sections, the tax shall have been so paid or dispensed with, the mayor may grant a license to exercise the privilege for which the tax is so paid or dispensed with. Such license shall state what amount of tax (if any) is paid, to whom the license is granted, what privilege may be exercised under it, in what house, room or place, and for what time. 4. In any case, the mayor may defer issuing, or after issuing, may suspend a license for any pemformance, exhibition or show until the house or room in which the same is to be, is examined by three freeholders of the city appointed for the purpose by his warrant, and until he is satisfied by their report, in writing, that such house or room has doors and openings of such number and so arranged, as in a case of LICENSES GRANTED BY THE MAYOR. 95 fire, to afford facilities for escape, and that the same is sufficiently strong and safe. Every such report shall be filed by the mayor in the chamberlain's office. 5. If any person shall do, encage in or permit any thing for which a tax or license is required by this ordinance, without paying such tax and obtaining the chamberlain's receipt therefor, (for which, the chamberlain may demand a fee of fifty cents,) and without having a license therefor, he shall pay a fine of not less than ten, nor more than twenty dollars for every such offence, and if the tax shall not have been paid, be liable also for the same, which shall be recoverable forthwith. CITY DEBTO DEBT OF THE CITY. AN ORDINANCE CONCERNING THE DEBT OF THE CITY OF RICHMOND. 1. Certificates of debt or bonds, where 5. What officer shall issue new certifiregistered, how executed. cate, and when. 2. Who deemed owner of certificate or 6. Cancelled certificates shall remain bond, so as to authorize payment to filed, where. How new certificates him. registered and executed. 3. When title to bond shall vest in 7. How new certificate may be obtained transferree, and as against whom. for one losto 4. How certificate may be transferred, and how much thereof, 1. Be it ordained by the council of the city of Richzmond, That all certificates of' debt or bonds of the city shall be registered in the auditor's office, and be under the seal of the city, and subscribed by the president of the council and the chamberlain. 2. The person appearing on the books of the office in which any certificate is registered, as the owner thereof, shall be deemed the owner as it regards the city, so as to make valid all payments by the city of Richmond on account thereof to such person or his personal representative, made before a transfer of the certificate on the books of the said office. 3. But if the person so appearing on the books as owner, shall, bonaficde, and for valuable consideration, sell, pledge, or otherwise dispose of such certificate to another, and deliver to him the certificate with a power of attorney author DEBT OF TIE CITY 97 izing the transfer thereof to him on the books of the proper office, the title of the former in the said certificate (both at law and equity) shall vest in the latter for the whole amount of the certificate, or so much thereof as may be necessary to effect the purpose of the sale, pledge or other disposition, and it shall so vest, not only as between the parties themselves, but also as against the creditors of, and subsequent purchasers from the ilormer, subject to the preceding section. 4. Upon the delivery of the said certificate at the office in which it is registered, a transfer may be made on the books of the said office, either of the whole amount or of' any pait thereof, by the person appearing on the said books as the owner, or by another having a power of attorney from him, duly authenticated, authorizing such transfer. Upon a transfer the former certificate shall be cancelled, and one or more new certificates shall be issued, lnot exceeding together the amount of that cancelled. But no transfer shall be made on the said books within ten days next preceding the 1st day of January and the 1st day of' July. 5. The officer in whose office any certificate is registered, shall, when. applied to, cancel it and issue new certificates, not exceeding together the amount of the former. 6. Every cancelled certificate shall remain filed in the chamberlain's office. Every new certificate shall be registered, signed and countersigned like the firmer cer'tificateo 7. When any certificate shall be lost by the holder thereof, he may produce to the officer in whose office the said certificate is registered, proof of his having advertised the same once a week for three imonths in a newspaper, file in the office of the said officer an affidavit setting forth the time, place and circumstance of the loss, and execute a bond to the city, with one or more sureties approved by the saidt officer, conditioned to indemnify all persons against any loss in consequence of issuing a new certificate in place of the one so lost; and thereupon the said officer may issue a new certificate and register the same. 13 98 CITY DEBT. SINKING FUND. AN ORDINANCE ESTABLISHING A SINKING FUND, PURSUANT TO THE CHARTER. 1. Sum set apart each year to pay in- 3. When and how sinking fund interest, &c., of debt. creased. 2. Sinking fund, how applied. 4. When taxes shall be increased. 1. Be it ordained by the council of the city of Richmond, That from the accruing revenues of the city the chamberlain shall set apart within the fiscal year, commencing on the first day of' March, 1853, and within every succeeding year, a sum equal to seven per cent. of one million three hundred and sixty-nine thousand three hundred and eighty-two dollars and sixty-seven cents; the sum last mentioned being the amount of the city debt existing at the commencement of the act revising and reducing into one act the provisions of the charter of the city of Richmond. 2. The fund thus set kpart shall be called the Sinking Fund, and shall be applied by the auditor to the payment of the interest of the city debt and the principal of such part as may be redeemable. If no part be redeemable, then the residue of the sinking fund, after the payment of such interest, shall by the auditor be invested and applied as required by the 47th section of said act. 30 To whatever amount there has since the commencement of said act been contracted, and whenever hereafter there shall be contracted by the city any debt not payable within the next twelve months, there shall be set apart by the chamberlain, in like manner, annually for thirty-four years, or until the debt is paid, a sum exceeding by one per cent. the aggregate amount of the annual interest agreed to be paid thereon at the time of its contraction; which sum shall be part of the sinking fund, and shall be applied as aforesaid. SINKING FUND. 99 4. If within any fiscal year, the revenue of the city, accruing from taxes and other yearly income, shall not be sufficient to enable the chamberlain to set apart, within such year what is required by this ordinance and to pay whatever else is disbursed or required within snch year for other purposes than the redemption of the principal of the certificates of what is known as the permanent debt of the city, then the taxes of the city on the persons and subjects mentioned in the ordinance fixing the sums to be collected for assessed taxes, shall, for the calendar year commencing on the first day of January next, after the commencement of' the fiscal year in which there is such insufficiency, be increased (without any further ordinance on the subject) five per centum upon what they shall have been at the commencement of the year in which there is such insufficiency. STOCK IN JOINT STOCK COMPANIES. AN ORDINANCE CONCERNING THE STOCK OWVNED BY THE CITY IN JOINT STOCK CO0MV PANIES. 1. Proxies to represent city, when ap- 3. Proxies to report to the council. pointed. 4. When proxies to be paid, and what. 2. Proxies present to give vote. Proxies pro teme,} how appointed. 1. Be it ordained by the council of the city qf R1ichmond, That there shall be annually appointed by the council, at its stated meeting in October, or as soon thereafter as practicable, three proxies in each company wherein stock is owned by the city, whose term of office shall continue until their successors are appointed, unless they be sooner removed. 2. In a meeting of stockholders in a company the vote of the city on its stock may be given by such of the proxies appointed to such company as may be present, or by a majority of those present. If it be apprehended that any proxy will not be in attendance, the council, or if it be not sitting, and the meeting of stockholders is sitting or to sit within two days, three members of the council (of whom the president shall be one) may, without removing such proxy, make a temporary appointment in his stead, to be in force during his absence. 3. The proxies of the city in any company shall, from time to time, make report to the council of matters affecting the interest of the city in such company, and lay before it CITY GROUNDS AND BUILDINGS. 101 copies of the report of the president and directors of such company, the proceedings of the stockholders thereof, and other documents relating to the company's works. 4. When a meeting of stockholders in a company in which the city owns stock is held out of this city, each proxy of the city attending such meeting, shall be paid four dollars per day fir every day of such attendance, and at the rate of four dollars for every twenty miles of necessary travel in going to and retlurning from such meeting:. PUBLIC GROUNDS. AN ORDINANCE CONCERNING THE GROUNDS AND BUILDINGS PWNED BY THE CITY. 1. Committee on public grounds and 5. When may make contract. low buildings. money paid. 2. Duties of committee. 6. What excepted from this ordinance. 3. To make report to council. 4. Engineer of' city superintendent of' public grounds, &c. His duties. 1. Be it ordained by the council of the city qof Richmond, That at the regular meeting of the council in the month of May in each year, there shall be appointed by the council a committee, to be called the Committee on Public Grounds and Buildings. The said committee shall consist of the president of the council and one member of the council from each ward of the city. 2. The committee shall be charged with, and have the care and management of all the grounds and buildings, and other real property of the city, both within and without the city, so far as relates to the improvement and repairs thereof. No improvement or repairs shall be made or done to or Upgn any of the said property by the said committee, at a 102 CITY PROPERTY. cost exceeding fifty dollars per month in any one year, without an order of the council directing the same. 3. The said committee shall report to the council annually, or oftener, as they deem it proper, the state and condition of all the lands and buildings belonging to the city, and all such improvements and repairs as thley'may deem proper to have made or done to or upon any portion of the said property, or to the streets or other highways adjacent thereto, and at the same time render an account of all moneys received and expended by them; which said report shall be accompanied by an estimate of the costs of suchl irnprovements or repairs, to be made by the superintendent of public grounds, as well as of all money expended by them or under their order in the improvement or repairs of the same. 4. The engineer of the city shall be the superintendent of all the grounds and. buildings within and without the city, belonging to the city. He shall once in every three months, or oftener, if he deem it necessary, report to the said committee the state and condition of the said property, the repairs done or necessary to be done upon or to the same, and the cost thereof, and make such suggestions as he may deem proper for the improvement of the said property, or any part thereof. Under the control and direction of the said committee, he shall, as far as practicable, keep all said property in good order, and prevent injury to any part or portion thereof, and for that purpose he is hereby given and vested with the powers and authority of the first day police officer of said city, and shall report promptly to the mayor all violations of any ordinance of said city or of the law of the State, committed in, to or upon said property. It shall moreover be his duty to purchase all fuel necessary for the use of the city, and have the same properly stored. 5. The said superintendent may, lnder the direction of the said committee, make and sign any contract for the execution of work ordered by them under this ordinance; and OARWOOD CEMETERY, 103 whatever work is so ordered, when executed, shall be paid for upon a draft upon the auditor, stating the amount to be paid., and for what; which draft shall be signed by the chairman of said committee, after examining and approving the same. 6. Nothing in this ordinance contained shall in any manner alter or affect the ordinances concerning burying grounds, the water works, the gas works or magazine. OAKWOOD CEMETERY. AN ORDINANCE CONCERNING OAKWOOD CEMETERY. 1. Committee to be appointed. When. 9. Keeper to take care of; to reside on Their authority. premises. Not to cut a tree, unless 2. May lay off cemetery into sections, by consent of committee. &c., and fix price. 10. Keeper to have grave dug, and body 3. Shall appoint keeper. When. His brought there and buried. What duties. How removed. fees. 4. Who may select a section in the 11. Grave to be six feet deep. cemetery. How many. 12. Keeper to keep a book. What it 5. Who may give certificate, and iwhen. shall contain. Shall report quarterly 6. A'ho owner may bury in his section. to the council. When and where'What enclosure. When section shall book deposited, revert to the city. Council may re- 13. Keeper to plant trees, and improve gulate interments. the walks. 7. Who may be buried in "6 public por- 14. Salary of keeper. Committee may tion." The price of burial. hire help. 8. Felon not to be buried in cemetery, unless committee consent. WHEREAS, the city of Richmond has purchased of Emily C. Shore and Fendall Griffin, sixty-six acres of land in the county of Henrico, as per deeds recorded in the county court of Henrico; and whereas, the city of Riclmond has appropriated the said- sixty-six acres of land as a place of burial for the dead, and it is expedient that some general regulations should be prescribed for interments therein, as well to 104 CITY PROPERTY. promote the convenience of the people of the city as for the preservation of' the property 1. Be it, therefore, ordained by the council of tle city of Richmond, That annually in April, or as soon thereafter as practicalb]e, there shall be appointed by the president of the council a committee of Oakwood Cemetery, which comr mittee shall consist of five members of the council, of whomi at least one shall be from eachl ward. Thle said committee shall have a general control over the manner and arrangemeents of the interments in said cemetery, and shall, from time to time, visit it and inspect its condition. 2. They shall have power to lay off the said cemetery into sections, half sections or quarter sections, and fix the price of each section, half or quarter section. They shall also have power so to divide the said ground, as to appropriate a part for the burial of colored persons. 3. They shall appoint annually in December, a keeper of the cemetery, who shall act under the direction of' said comnmittee, who shall take care that he performs his dulty, and if he be guilty of neglect or misconduct, report the samle to the council, who may remove him from office, if they deem it proper. 4o Any white resident of the city of Richmond or county of [Henrico one year, may select in said cemetery any section, half section or quarter section, to which no other person has acquired title, and obtain from the keeper a certificate of his location. But no location of any person in his own right, or on'his own account, shall be of more than a section or less than a quarter section, unless some military company or society shall purchase one or more sections, and they shall be required to conform to the ordinances. 5. Upon such certificate being presented to the chamberlain, and upon payment being made to him of such price as may be fixed by the committee for a section, half section or quarter section, as the case may be, the chamberlain shall issue and deliver to the person making the location and OAKWOOD CEMETERY. 105 payment, a certificate describing the number of the range and the number of the section, and if the location be of less than a whole section, the number of each half or quarter section, and setting forth that the person is entitled to the section or each quarter section so paid for. 6. The person to whom the chamberlain issues such certificate shall thenceforth be entitled to the section or to each quarter section so paid for, as a burying place for himself or for any white person, who is a member of his family, or one of his descendants or friends. But there shall be no enclosure erected in the cemetery of greater height than four feet. And when a section, or half section, or quarter section shall remain without any interment therein for twenty years, and the purchaser shall have died or removed from the city, and no relative of his is known to the committee to reside in the city, they shall give notice thereof once a week fbr four weeks in a newspaper published in the city; and if no relative of the purchaser appear within thirty days from the last day of said publication, then the said section, or half section, or quarter section, as the case may be, shall revert to the city. And whether there be such reverter or not, the council may, at any and all times, regulate the interments in said cemetery, or any part thereof, as may seem to it proper. 7. A citizen of this city, or a citizen of Henrico, or any stranger or person visiting the city or county, may be buried in that part of the cemetery appropriated for promiscuous interments, and called the "public portion," on payment of two dollars and fifty cents to the chamberlain, whose receipt therefor shall be produced to the keeper of the cemetery before the interment is made. 8. Notwithstanding the provisions herein before contained, a person convicted of an offence, for which an infamous punishment is denounced, shall not be interred within the enclosure of the cemetery, unless a majority of the committee assent thereto, 14 106 CITY PROPERTY. 9. The cemetery shall be taken care of by the keeper thereof, who shall reside in the house on the premises, and who shall not be allowed to cut any wood or tree, unless by consent of the committee. 10. The keeper, when informed that a grave is required for the body of any person, shall have the same dug in a proper place, and upon the body being brought thither, shall have the same interred; for which services he may demand, in the case of any person, not a pauper, the following fees, and no more, to wit: When the body is of a white person of the age of eighteen years or more, two dollars, if the coffin be in, and one dollar and fifty cents if it be not in a box; if between the ages of ten and eighteen years, one dollar and seventy-five cents, if the coffin be in, and one dollar and twenty-five cents, if it be not in a box; if of the age of ten years or less, one dollar and fifty cents, if the coffin be in, and one dollar if it be not in a box. When the body is of a negro, if of the age of twelve years or more, one dollar and twenty-five cents; if under that age, one dollar. 11. Every grave which the keeper has dug, whether for the body of a white person or not, shall be at least six feet deep. 12. The keeper shall have a book, wherein upon each interment of a white person, he shall, so far as it can be ascertained, enter the name, age and profession or calling of the person interred, and the disease of which he died; and upon each interment of a person of color, the name, age and disease, and whether a slave or free, and if a slave, the owner's name. From this book he shall, in such form as the committee may direct, make an abstract, and report it quarterly to the council. After such book is fully written up the original shall be deposited in the chamberlain's office for preservation; the keeper preserving a copy thereof in his office. 1]3. The keeper, under the direction of the committee, GAS WORKS. 107 shall plant trees in and through the grounds, and shall improve the walks generally. 14. The keeper shall receive annually for his services three hundred dollars, payable quarterly by the auditor, upon the order of the chairman; and the committee may hire a servant or white person to aid him, if they deem it expedient. GAS WORKS. AN ORDINANCE CONCERNING THE GAS WORKS. 1. Committee on light. Inspector and 19. Plans of gas fittings. assistant inspector; how appointed. 20. Assistant inspector's duties. 2. Committee, when to meet. Duties 21. Service pipe; what free, what to be and powers. charged. 3. Bonds of officers. What to receipt 22. Assistant inspector; what he shall for. What he shall return. record, when report, and to whom. 4. Salaries of officers. 23. Consumer's duties, when he shall re5. Rooms of officers. Shall be there at move, or when there is a leak. certain hours. 24. Inspector's duties. 6. Hours of attendance for officers. 25. His returns to the auditor. Commit7. Superintendent, general duties of. tee may employ an assistant. 8. His duties in regard to street mains 26. Supply of gas. Terms of. and lamps. 27. Auditor's duties. Consumer's bills. 9. He shall employ hands, and control 28. Gas bills, how delivered. them and officers. 29. Discount on gas bills. When gas 10. His duties as to hands' time and pay- turned off. ing them. 30. Sales of coke, &c., by superinten11. His purchases and manner of paying dent. for them. 31. Sales, to whom to be reported. 12. He shall record operations at the 32. Returns, monthly, of officers to auworks. ditor. 13. His report, when and what to con- 33. Auditor to keep account. Bills, when tain. to be given for collection. 14. Clerk of committee. 34, What account he shall render to 15. Applications for gas, how made. committee. What committee to re16. Plans of fittings and fixtures. turn to council. 17. Sizes of tubing. Metres and number 35. Chamberlain's account with the gas of lights allowable. works. 18. Tubings, &c., to be approved by in- 36. Assistant inspector to report paving spector. to be done; to whom. 108 CITY PROPERTY. 37. Fires. Who shall attend and for 40. Consumers to admit officers on prewhat purposes. mises. 38. Penalty for injury to house, lamp, 41. Protection against fraud. Rules and &c.; for lighting lamp; for putting regulations may be made. up pipe, &c. 42. Officers to report violations of ordi39. Metres and gas fixtures. Interfer- nance, ence with finable. 1. Be it ordained by the council qo/ the city of Richmond, That annually, as soon as practicable after the election for members of the council, the council shall appoint from each ward two of its members, to constitute, with the president of the council, a committee on light; which committee, as soon as practicable after its appointment, shall appoint an inspector and an assistant inspector. Upon every appointment to either of these offices, the committee shall report to the council the name of the person so appointed. 2. The committee shall meet at four o'clock in the afternoon on the first Thursday in every month, and also meet at such other timnes as they may see fit. They shall have the superintendence and general government of the gas works. And the superintendent of the gas works, and the other officers before mentioned, shall, so far as may be consistent with the duties prescribed by this ordinance, act according to the directions of the said committee. 3. Each of the officers before mentioned, to wit: the superintendent, inspector and assistant inspector, shall, before acting in his office, give bond with sureties in the following penalty, to wit: the superintendent in five thousand dollars, the inspector and assistant inspector in two thousand dollars each. There shall also be signed by each of them, at the time of his receiving his official books and papers, a writing specifying, so far as can be conveniently done, what are received by him; and the said writing shall be recorded among the committee's proceedings. When an officer's term of office expires, his official books and papers shall be delivered by him to his successor, or in such other manner as the committee may direct. GAS WORKS. 109 4. The said officers shall be paid for their services as follows, to wit: the superintendent at the rate of eighteen hundred dollars; the inspector at the rate of twelve hundred dollars; and the assistant inspector at the rate of eight hundred dollars. These shall be the rates per annum. 5. Each of said officers shall use for an office such room as the council may prescribe. The whole time of each shall be devoted to the performance of his official duties. Each of them shall attend in his office certain hours every day, except Sunday, the Fourth day of July, and Christmas day, unless such attendance be prevented by sickness, or by absence from the city with leave of the committee; and each of them shall, on any of the said excepted days, or at night, perform any service for which there is necessity, without its being deemed extra service. 6. The hours for each of said officers to attend in his office, as required by the preceding section, shall be as folfollows: 1. The hours for the superintendent so to attend, shall be from nine to eleven o'clock, A. M., unless his presence be then required at some portion of the works; and he shall be present at all regular meetings of the committee. 2. The hours for the inspector so to attend, shall, except on the days in which he is engaged in taking the state of the metres, be from 7 to 9 A. M., between the first day of April and the first day of October, and from 8 to 10 A. M., during the rest of the year; and shall also be, on the days for so turning off the gas, from the time he has finished so turning it off until two hours after sunset; and shall likewise be until sunset of every other day, unless he be at the time engaged elsewhere in the duties of his office. 4. The hours for the assistant inspector so to attend shall be such as the superintendent may prescribe. 7. The superintendent, subject to the control of the committee, shall have a general charge of all the buildings, fixtures and pipes erected or laid down for the gas works, and of the lands on which the said buildings are erected. 1 10 CITY PROPERTTo Hle shall have the works kept in proper operation, and the gas furnished as pure as practicable, with promptness and regularity, at the city lamps and buildings, and to all persons entitled to its use under the provisions herein after contained. 8. Under the direction of the committee, the superintendent shall have street mains laid down, lamp posts erected, and the public lamps set and kept clean and in good order. He shall preserve a map of the location of the main pipes, showing the course, distance and size of each of them. When there is any extension of the main pipes, the place of such extension and size of the pipe used in making it shall, as soon as possible, be marked by him on the map. He shall enter in a book, to be kept in his office, the quantity, description and cost of the materials used in making such extension, or in erecting any fixtures authorized by the committee, and report the same to the committee at its next regular meeting after such extension is made. 9. The superintendent, subject to the committee's control, may employ such men as he may deem suitable to perform the necessary work under his supervision, over which, and the subordinate officers in his department, he shall exercise a controlling influence. 10. He shall, at each monthly meeting, lay before the committee a list of articles and materials which will probably be required during the month, together with the cost thereof, and the probable amount necessary to pay the hands employed, and report what, if any, materials are no longer serviceable. He shall have an account kept of the names of the men employed, their kind of work, and the days of the week or month they work. This account shall be so made out as to show what is chargeable to current expenses, and what to construction in the several branches. At the end. of every month he shall enter the substance thereof on roll books, showing opposite each person's name his rate per day and the sum payable to him for the month. The aggregate GAS WORKS, 111 of what is payable to the men for each period of a month, shall be paid out of the city treasury on the draft of the chairman of the committee in favor of the superintendent, who shall within three days thereafter go to his office at the gas works, between the hours of four and seven, P M., and pay to each of the men his part thereof. To each pay roll, the superintendent shall subjoin a synopsis, showing the amount chargeable to each branch of construction or current expenses, and the said pay roll and synopsis shall be laid before the committee at their next meeting. 11. Subject to such restrictions as may be imposed by the committee, the superintendent may purchase materials, tools and other articles proper for carrying on the operations of the works. What may be so purchased, shall be taken care of by him and used as required. All bills for the same shall be laid before the committee by the superintendent at the next regular meeting after they shall have been presented. And what the committee may allow for such purchases, or for any necessary current expenses of the works, shall be paid out of the city treasury by the draft of the chairman of the committee, attested by the superintendent. Such draft, and every order under the preceding section, shall always state whether it is for construction or for current expenses; if the amount be partly for one and partly for the other, the portion of each shall be stated. 12. In a book kept for the purpose, the superintendent shall at 6 A. M., and 6 P. M., of each day, have entered the state of the station meter, the height of gasometers, the gas made, and the gas used. In the said book entries shall be made in separate columns, to show the gas made per day, gas made per night, gas used per night, coal used per day, rosin used per day,, the bushels of lime used per day, and the number of retorts in use. From said book the superin= tendent shall, at the end of every month, make therefrom in a book kept by him, called the Retort House Journal, concise entries showing on each day of the month the state 112 CITY PROPERTY. of the station metre, the gas made, gas used, coal used, rosin used, and the number of retorts in use, and showing the contents of the gas-holders, the bushels of lime used each day, and whatever else the superintendent may deem proper, to secure a faithful record of the operations of the works; and the same shall be submitted monthly to the committee. 13. As soon as practicable after the last day of every February, the superintendent shall return to the committee an inventory of materials, tools and other articles, stating the quantity, description and cost of those on hand, and make a report showing what were on hand at the time of his previous return, what have been obtained since, what have been used since, and what remain on hand; showing also how much coal, coke, rosin and lime was used during the year ending the last day of Februaly, and how much gas was zde during the year, and what was the largest quantity of gas made, and the largest quantity of gas used in any one twenty-four hours; showing farther, the length and size of the street mains laid during the year, and the length and size of the same laid since the commencement of the works; and showing likewise the number of public lamps, number of private consumers, a list of the officers and number of hands, with their duties and pay during the said year, and any other matters which the committee may direct. 14. One of the clerks in the auditor's office shall attend all meetings of the committee, and act as clerk, and make and keep a true record of its proceedings. 15. A book shall be kept in the auditor's office, with a caption importing that the owners of property, whose names are undersigned, request that the gas may be introduced into the premises mentioned opposite their respective names, upon the terms prescribed by the ordinances of the city. When the owner of any property within the range of the pipes applies for the introduction of gas into his premises, he shall write his name in said book under said caption, and GAS WORKS. 113 write opposite thereto the date and number of his application, the number of burners that he will probably require, and the location of his premises. 16. As soon as practicable after every such application, there shall be furnished by the auditor to the superintendent a copy thereof/; and there shall be furnished to the inspector by the applicant a plan of the tubing and fittings, with the size and length of each piece of tubing, and the position of each burner plainly marked thereon. Such plan shall be furnished, and the tubings and fittings for conveying gas within the applicant's premises, after it has passed the meter, may be put up by some competent person employed by the applicant. But the tubing, and the screws used in putting up, must be such as the superintendent allows, and must be consistent with the following section: 17. The relative sizes and lengths of tubing, and proportions of meters introduced for consumers, shall be according to the following tables: Size of Tub- Greatestlength Greatest number Greatest number of ing. allowed. of Burners. Size of Meters. Burners. I inch. 6 feet. 1 burner. 2 lights. 4 burners. 3. ds 20' 3 "C 3 cc 5 c 1 c 30 c 6 cc 5'C 10 c' cc 40 " 12 " 10" 20 i " 6506 20 20 C2 40 1 " 70 "' 35 " 30 " 60 " " C C 100 " 60 " C 45 " 100 C 11 150 "c 100 C 100 " 250 ( 2 200 200 18. All tubings, fittings and fixtures must, after they are 15 114 CITY PROPERTY. put up, be examined and approved by the inspector, or assistant inspector, before gas is supplied. He shall make such examination as soon as practicablle after he is notified for the purpose, and always within three days after such notification. On such examination, he must compare the work done with the plan, and must, before the gas is supplied, see that the work does in all respects correspond with the plan already furnished, or see that there is furnished another plan corresponding with the work; and must subject the whole of' the tubing, fittings and fixtures to trial, with an air pump, under a pressure of a column of mercury ten inches high, and see that they are tight under this pressure and put up in a workmanlike manner, as well as in their proper places. When in respect to the work done the inspector has ascertained all that is here required, he shall introduce gas into the premises unless the superintendent order otherwise. 19. The plans shall be legibly marked with the name of the applicant, the location of' his premises, and the date of his receiving the gas, and then delivered to the auditor, who shall number them in the order the applications stand upon his book, and file them in his office. He may allow them to be copied in his presence; but they shall not be removed from his office unless by the committee's orders, or unless it shall be necessary for their safety. 20. The assistant inspector, under the direction of the'superintendent, shall lay down street mains and pipes, erect lamp posts, and have the public lamps set and kept clean and in good order; and he shall make and put on all the connections, place p:'.oper meters on the premises of the respective consumers, and perform properly all duties pertaining to these portions of the business. Especially shall he endeavor to render the meters easy of access, to avoid any injury or inconvenience to the building or its occupants, and to avoid exposing the meters to extremes of' heat or cold. For digging the trenches and doing other work requiring no me GAS WORIKS. 115 chanical skill, there may be employed under him such laborers as the superintendent may allow. But when not occupied in performing the duties before prescribed, the assistant inspector and the said laborers shall return to the superintendent, and perform such other duties as he may assign thel. 21. For service pipe laid down in a street, from the main to the edge of the street there shall be no charge to the consumer. But for all the service pipe, turns, cocks and other fittings from the edge of the street to the meter, the applicant shall pay such prices as the committee shall, by resolution, determine will afford a fair remuneration for the labor done and the losses attendant upon cutting the pipes and other alterations; and when there is any such extra work as removing rocks, cutting down trees or drilling through stone walls, the cost thereof shall be further added. 22. The assistant inspector shall keep a book called the Service-pipe Book, wherein he shall keep an account of all the pipes and materials used, from the mains to or about the public lamps, and to or about the premises of private consumrners, distinguishing between what is chargeable under the preceding section and what is not, so that the superintendent, in his annual inventory, may state correctly the amount used, and so that what any person is chargeable with may be collected from him. At the end of every month, the assistant inspector shall make out and deliver to the auditor a report of the name of each person so chargeable, the location of his premises, and the several items for which he is chargeable, with the sum due for each item, and the aggregate amount. Of all his reports, the assistant inspector shall, in a book used for this purpose, keep copies. And when a report of the assistant inspector is Deceived by the auditor, the laltter shall endorse thereon the date of his receiving it, and sign his name to such endorsement. He shall keep a register, showing the date of proving, date of lighting, number of the meter, state of the meter at lighting, number 1i16 CITY PROPERTY. of lights, number of burners and number of additional burners introduced afterwards. 23. WThen the tenant of premises using gas is about to remove, he shall give the inspector at least three days' notice thereof, that the gas may be stopped; or he will be chargeable for any gas that may pass through the meter before gas is stopped off. A consumer, discovering any defect in a meter or service-pipe-any escape of gas or deficiency of light-shall give immediate notice thereof at the auditor's office or superintendent's office, that the defect may be remedied; and it shall accordingly be remedied by the inspector or assistant inspector as soon as possible after receiving such notice. 24. The inspector shall keep a register, showing the date of' proving, date of lighting, number of the meter, state of the meter at lighting, number of lights, number of burners and number of additional burners introduced afterwards. He shall also keep a book to be called the Meter Book, showing the name and location of each consumer, the number of the application and number of' the meter. He shall take the register of all weekly meters once a week, of all monthly meters once a month, and inspect and register every other meter once a quarter, and oftener, if necessary, to ascertain whether the meter is or is not in good working condition. If it be not, and the defect can be remedied without removing it, he shall remedy it before leaving the premises; if this cannot be done, he shall report the defect to the superintendent, who shall have the meter repaired, or a good one put in its place. 25. As soon as practicable after the first day of each month, the inspector shall return to the auditor the meter book, with the state of the meters of such persons as are required to pay monthly, and with the state of the meters of all other persons in one of the wards, to wit:-Jefferson ward, if the month be February, May, August or November; Madison ward, if the month be March, June, September or December; GAS wOReSo 117 and Monroe ward, if the month be January, April, July or October. The book shall show the quantity of gas consuimed by each person during the quarter o&r month, as the case may be, for which payment is to be made. Said quantity to be ascertained from the state of the register. When the inspector Las required a meter to be covered to protect it from the frost, or to be filled with alcohol to prevent it from freezing, if such covering or such alcohol be furnished not by the consumer, but by the inspector, the cost thereof shall be charged on said book to the consumer. In the performance of his duties, the committee may employ a suitable man to assist him, at such compensation as the committee on light may fix; and when, from sickness or other unavoidable cause, the inspector may be unable to perform the duties required of him herein, he shall report the same to the superintendent, who shall furnish the necessary aid. 26. With the exception of what is used in the street lamps, or in a building or upon land belonging to the city, gas shall never be furnished without charge therefor. It may be furnished at the rate of two dollars per thousand feet to any such association or benevolent institution, as the council may, by resolution, declare entitled to receive it at that rate in consideration of' the public benefits conferred by such association or institution. But the supply of gas to every other person shall be upon the condition of his paying therefor at the rate of three dollars for every thousand feet; to be ascertained as prescribed by the preceding section. The committee or the superintendent, in any case wherein he or they deem such precaution proper to secure the city against loss, may require the deposit of a sum in advance, or other security, to insure payment of what will become due for gas. Payment for gas shall be quarterly, by all persons, except those who, by the superintendent, may be required to pay monthly or oftener. 27. From the meter book so returned to the auditor, he shall promptly note in a book, to be kept by him, called the 1138 CITY PROPERTY. Bill Book, the name and location of each consumer, the number of the nmeter, its state as so entered, its state at the previous settlement, and the amount chargeable to said consumer. The auditor shall also enter in his bill book the naine of each person reported to him under the twenty-second section, the sum to be paid by him, and for what. 28. For the respective sums payable by the several persons so reported by the assistant inspector, or appearing by the meter book to be so chargeable, the auditor shall promptly make out bills, showing what amount is due without any abatement, and also, what will be due after allowing the deduction provided for in the next section, and have the same presented, by the inspector, to the persons who are to pay them, (or at their place of business or residence,) and shall note within three days after sending said bills the day of the delivery of each. 29. From the amount of the bill for gas of a consumer paying monthly or oftener, there shall, when his bill or bills for a month exceeds one hundred dollars, be a deduction of ten per cent., and from bills for gas of any other con'sumer, there shall, no matter what may be its amount, be a deduction of five per cent., provided that in either case tile residue of the bill be paid to the chamberlain at his office, within five days next after its presentment, and before 3 o'clock, P. M. If a bill for gas, or service pipe, or anything else which is furnished from the works in connection with the supply of gas, shall remain unpaid for ten days next after that on which it is presented, the auditor shall notify the superintendent, who shall cause the gas to be stopped from the premises in respect to which the default exists, and not allow it to be used on those premises again until such bill is paid. 30. The superintendent shall make such sales of coke and other articles as the committee may authorize. Upon any such sale, the price required by the committee shall be paid to the superintendent, who shall give to the purchaser a re GAS WOR1KS. 119 ceipt for the sum paid, beatring date the day of the payment, and stating the name of the purchaser, the article sold, and its quantity. 31. The superintendent shall, on Saturday of each week, pay to the chamberlain the moneys received by him, under the previous section; and shall report to the committee at each reglar meeting an account of the coke or other articles sold in the previous month, to whom sold, and the quantity. And if the superintendent shall fail to pay over the money so received by him, or to make the report hereby required, in the first case, the auditor, and in the other, the committee, shall report such failure to the council. 32. During the first five days of every month, the following returns shall be nmade to thle auditor by the superintendent, inspector, and assistant inspector severally, of' the resl)ective sums payable since their previous several returns on the following accounts; that is to say, there shall be a return by the superintendent of the persons from whom money has been received by him for coke and other articles sold, a return by the inspector of the persons friom whom money has become payable for the consumption of gas, and a return by the assistant inspector of the persons from whom money has become payable for service pipe, and other articles chargeable under the 21st and 22d sections. 33. The auditor shall keep a ledger, wherein, for every month, he shall enter from his bill book the name and location of each consumer, (whose bill is made out in, or for that month,) the date to which his bill comes, the state of his meter, the feet of gas chargeable, amount of discount, amount paid, and when paid. If any bills remain unpaid for fifteen days after their presentment, the auditor shall make out another bill for the amount due, with the addition of five per cent. thereon, and shall deliver the same to the collector of the city taxes, who shall collect the same as if it were due for city taxes; and shall, after deducting five per cent. for his compensation, pay the balance to the chamberlain, within 120 CITY PROPERTY. two months after the bill is put into his hands; and the official bond of said collector shall extend to secure the faithful collection and payment of the said money. 34. Annually, as soon as practicable after the last day of February, the auditor shall make out accounts to ascertain the following results, to wit: 1 st. The amount expended for the construction of the gas works from their commencement to the beginning of the preceding fiscal year. 2d. The amount expended for construction during said year. 3d. The amount paid to the chamberlain for income during said year. 4th. The amount disbursed during stid. year for current expenses. 5th. The nett balance of the year's income, remaining after paying current expenses, and after paying the interest on all moneys expended for the construction and extension of the works, The committee shall examine said accounts, and return the same to the council with the superintendent's inventory, a report from him of the condition of the works, and any plans of the committee for extending the works, or adding to the buildings or machinery. The plans for such extensions or additions, and the contracts therefor, must always be submitted to and approved by the council, before said plans are executed, and before said contracts shall be binding on the city. 35. The chamberlain shall keep on his books accounts of the money expended about and received from the gas works, so as to ascertain the results contempllated from the accounts required by the preceding section, and as soon as practicable after the accounts so required are returned, shall examine the said accounts, and compare the same with those on his books, and if he find any variance in the results, shall inform the council thereof. 36. At the end of every week the assistant inspector shall make to the superintendent of streets a report designating the location, and quantity and kind of paving needed in the streets, in which street mains and service pipes have been laid. And the superintendent of streets shall have it re GAS WORKS. 1 21 placed as soon as possible. These reports shall be entered and signed as required by the 22d section. 37. It shall be the duty of the superintendent, the inspectors, and such other men engaged about the works as the superintendent shall from time to time designate, to attend at places, when from fire or other cause, there is danger of a loss of gas by burning or waste, with a stop-cock key, and pliers, to shut off the gas, remove meters, or do anything else proper for the safety of property belonging to the city connected with the gas works. 38. If any person shall deface or injure any house, wall, lamp, meter, or other fixture connected with or pertaining to the gas works, or shall tie to a lamp post, or any fixture connected therewith, any horse or other animal, or any boat, batteau or other vessel, or shall, without authority from the superintendent, or other authorized agent of the committee, climb a lamp post, or light a lamp, or open a communication into, or remove any of the pipes, or shall put up any pipe or burner, in addition to what may have been put up by authority and approved, or introduce the gas into such additional pipe or burner, or leave the end of a pipe or other opening without being secured with a blind cap, secured so as to prevent a leak, or in any manner consume or waste the gas, without paying for the same, every person so offending shall pay the whole cost of restoring the property injured, (if any) the amount to be assessed by the superintendent or one of the inspectors, and also pay a fine of not less than two nor more than ten dollars for each offence, if a free person, and if a slave his owner or master shall pay the amount of damage, and the slave shall be punished with stripes at the discretion of the magistrate. The whole of the amount received to be paid to the chamberlain. If, however, any person shall accidentally injure a street lamp, or other property of the city gas works, and shall voluntarily pay to the chamberlain, before he has been summoned to appear before a magistrate, the amount of the 16 122 CITY PROPERTY. damage done, he shall be exempt from any further penalty under this section. 39. After gas has been introduced into any premises, no gas fitter or other person than the inspector or assistant inspector, shall disconnect or interfere with any meter without a written permit from the superintendent. Nor shall any person disconnect any of the tubings or fittings, or open the same for extension, alteration or repair, without obtaining from the inspector or one of the other officers a written permit, whereof there shall be forms in a permit book, on the margin of which, there shall be a copy or sufficient memorandum of every permit that is given. Such permit may be had whenever the office is open. WVhen such permit is given, or when there is a leak in, or injury to, the meter or pipes within the premises, the inspector may stop the flow of gas at the cock outside said premises. After gas has, for any purpose, been stopped by the inspector or authorized agent of the committee, it shall not be let on until it is authorized by said inspector or such agent. Any person violating this section in any respect, shall pay a fine of not less than five, nor more than twenty dollars. 40. Every person occupying any lot or tenement into which gas is conveyed under this ordinance, shall permit the superintendent or inspector, or any authorized agent of the committee, to enter such lot or tenement, at seasonable hours, to examine the service pipe, meter, and other gas aplparatus, or to take up, repair or remove the same, or to see if this ordinance has been violated. Any person refusing so to do shall, for each refusal, pay a fine of five dollars. 41. The committee may at any time have the communication of any service pipe cut off, if they deem it necessary to protect the works against abuse or fraud. And they or the superintendent, with their assent, may make from time to time such further rules and regulations, not inconsistent with this ordinance, as may be found necessary or deemed advisable to ensure the proper management of the works, MARKETS. 123 and the faithful performance, by the officers and workmen, of their duties. 42. Every officer of the gas works shall report to the superintendent every violation that shall come to his knowledge of this or any subsequent ordinance relating to the gas works, and the superintendent shall prosecute all who may be guilty of any such violation, reporting the same to the committee at its next monthly meeting, and shall diligently enforce this ordinance. MARKETS. AN ORDINANCE CONCERNING MARKETS. 1. How markets designated. 13. Butcher shall have a sign over his 2. Committees and clerks of markets; stall. How he shall keep himself and when and how appointed. his stall. 3. Committee to supervise, clerk to at- 14. Butcher's box; how to be fixed and tend market. At what hours held. kept. 4. Clerk to keep his market house clean. 15. The hides with the ears of animals His compensation. brought to market for sale, shall, 5. Clerk to rent out stalls and stands. each day be brought and exposed. Butchers must obtain a license. What butchers shall not bring. Filth, 6. How rent of stall, &c., fixed. To be &c., not to be placed about the paid to the clerk. Renting for a year. market house. 7. When committee may declare stall, 16. How long live animals may be kept &c., vacant. Clerks to rent out va- tied at or near the market house. cant stalls. When to sue for rent. 17. For selling what, butcher 1punished. S. When clerk shall rent stalls, &c. at 18. Clerk to examine meats, &c. When auction. Renter not to rerent, but he shall take possession of it and bury surrender stall, &C. it. 9. Butcher selling for another, what 19. Fruits and vegetables to be sold by he shall pay. dry measure. Beetf, &c., to be sold 10. Persons not to take possession of by weight. How it shall be weighed. place or stand before daylight. Sell- 20. Clerk to examine scales, &c. butter ing eggs, &c., to pay tax daily. c. Illegal scales, &c., forfeited. 11. After market hours may sell or pur- Clerk's duty. chase on street. What shall not be 21. When persons not to sell on adjoining sold. Who shall not purchase. streets. 12. Slaves must have written permission 22. Clerk may order butcher to remove from masters to sell at market. l his cart, &c., or horse, his cart. &e.. or horse. 124 CITY PROPERTY. 23. Obscene language and fighting at 25. Clerk to appoint a deputy. His dumarket to be punished. ties and pay. 24. Clerk to prosecute offenders; to have 26. Clerks to account to chamberlain for police powers. I moneys received by him. 1. Be it ordained by the Coouncil of the City of Richmond, That of the markets in this city, that formerly known as the Old market, shall, with the vegetable market attached thereto, be called the First market, and that formerly known as the New or Shockoe Hill market, shall, with the vegetable market attached thereto, be called the Second market. 2. Annually as soon as practicable after the election for members of the council, there shall be appointed by the president, as a committee of the First market, two members of the council from Jefferson, and one member thereof from Madison ward, and as a committee of the Second market, two members of the council from Monroe ward, and one member thereof from Madison ward; and annually, in November, or as soon thereafter as practicable, there shall be appointed by the council a clerk for each of said markets; each of which clerks, shall, before acting in his office, give bond with sureties in the penalty of two thousand dollars. 3. Over each market a general supervision shall be exercised by its committee, and whenever a market is held, the clerk thereof shall attend it. No market shall be held on Sunday. On all other days the market shall be held as follows: From the first day of May until the first day of September following, on Monday, Tuesday, Wednesday, Thursday, Friday and Saturday, from daylight until ten o'clock, A. M., and on Saturday from five to nine o'clock, P. M.; from the first day of September until the first day of May following, on Monday, Tuesday, Wednesday, Thursday and Friday, from daylight until twelve o'clock, M., and on Saturday from daylight until sunset. If after the time prescribed for holding any market, a person be found thereat with anything for sale, he shall forfeit such thing to the city, and shall pay a fine of not less than two nor more than twenty dollars. MARKETS. 125 4. As soon as practicable after the market is closed on any day, and always before it is next held, the clerk shall have his market house, with the streets and alleys adjoining, watered, swept and cleaned. The whole market premises, including such ground as may be used with or pertain to the market, shall be kept by him clean and neat. And twice a year he shall have his meat market house whitewashed inside. For these things, if they be done to the satisfaction of the committee, there may be paid, on the order of the chairman of the committee, to the clerk of the First market, five hundred dollars per annum, and to the clerk of the Second market at the rate of two hundred and fifty dollars per annum. For the other services of the clerks, there shall be paid to the clerk of the First market at the rate of one thousand dollars per annum, and to the clerk of the Second market at the rate of eight hundred and fifty dollars per annum. Payments under this section may be made by the auditor quarterly. 5. Meat and vegetable stalls, benches and stands at each market shall be rented out by the clerk of the market. But no person shall occupy a meat stall or bench until he obtain a license from the council, first having satisfied the council as to his character and capability. And such license may be revoked at the pleasure of the council, for a violation of any of the criminal laws of the State, or of the ordinances of the city, or for any other cause which it deems sufficient. 6. Trlhe rent for a stall, bench or stand at a market shall be at such rate as may be allowed by the committee of such market, except that it shall not be less than the council, by resolution, may prescribe. It shall be paid to the clerk of such market in advance, for such time not exceeding three months as the committee may direct. Not more than two stalls, benches or stands shall be rented to or occupied by the same person at the same time. And a renting shall always be for a year at a time, except in the cases provided for in the following section. 126 CITY PROPERTY. 7. If the rent of a stall, bench or stand be in arrear more than ten days, or if by reason of' death or other cause, there be a failure for ten days to supply the same with wholsome meat or vegetables, as it has been rented for the one or the other, the committee may declare such stall or bench to be vacant. In every such case, and in every case in which the license of a renter of a stall or bench is revoked, the clerk of the market, after posting at the front of the market house, notice, for at least twenty-four hours, shall rent the stall, bench or stand for the balance of the year to the highest bidder. If from such renting there cannot be satisfied all that the previous occupant became bound for, the clerk, on behalf of the city, shall proceed by warrant or otherwise, against the party liable for the residue, to recover the same as soon as may be after said residue becomes payable. 8. At or near the end of a year for which a stall, bench or stand of the meat or vegetable market is rented, if there be more than one applicant for it, or if the committee see cause so to direct, the clerk of the market, after posting notice as aforesaid, shall rent such stall, bench or stand at auction for the highest premium that may be bid in cash beyond and in addition to the rent prescribed by resolution of the council. The aggregate of said rent and premium shall thenceforth be the rent per annum for said stall, bench or stand, until the same is again rented at auction. And no renter of a stall, bench or stand shall be permitted to re-rent the same; but if any such person shall not desire to use it) it shall be surrendered to the city, and shall be rented out by the clerk of the market as prescribed in the 7th section of this ordinance. 9. If any of the following things be sold at a butcher's stall for another person, or be sold by any person at a market elsewhere than at such stall, there shall at the time of such sale be paid by such butcher or person to the clerk of the market, as follows: For each slaughtered beef, twenty-five cents; for each slaughtered veal, mutton, hog or shoat, ten MARKiETS, 127 cents; for each sturgeon, ten cents; and for each pig, five cents. Any person violating this section, shall for every such offence, pay a fine of not less than one dollar nor more than twenty dollars. 10. If any person shall, befbre or earlier than daylight of any day, take possession of any place or stand, upon any sidewalk around or about either rrarket, and exhibit for sale thereat any article not of his own raising growth or produce, he shall, for every such offence, forfeit to the city such articles so exhibited, and shall moreover be fined not exceeding twenty dollars; and if any person shall sell or offer for sale any fish, fowl, eggs, fruit or vegetables, not of his own product, raising or growth, without first paying a tax therefor of ten cents for each day to the clerk of the market, he shall for every such offence be fined not exceeding twenty dollars; and in all cases arising under this section the burthen of proof shall devolve upon the defendant, to show that the articles so exhibited, sold or offered for sale were caught, taken, -raised or produced by him. 11. After market hours a person may sell or purchase about the streets other than about a market house or its precincts. But no person shall offer for sale at a market, butter, eggs, fish, fowls, fruit, vegetables or any other articles which shall have been purchased at a market or while on their way to market, and within six miles of the market; except fruit or vegetables which shall have been produced in another State, or produced at a distance not less than fifteen miles from this city. Nor shall a person engaged in selling at a market, butter, eggs, or fowls, purchase himself, or by the agency of another, at a market, either for himself or any other person, on the same day that he is a seller thereof, any butter, eggs or fowls. Any person violating this section shall forfeit what is so purchased, and shall for every such violation pay a fine of not less than five nor more than twenty dollars; and if he be guilty a second time of such violations shall in addition to the fine therefore be prohibited 128 CITY PROPERTY. forever afterwards, either as principal or agent for another, from offering for sale at either market, any of said articles. And if any person shall sell or offer for sale anything whatever at any market in said city, after he shall have been so prohibited, the thing so sold or offered for sale shall be forfeited to the city, and be seized and sold by the clerk of' the market, for the benefit of the city; and the party so offending shall moreover be fined twenty dollars for each thing so sold or offered for sale by him. 12. If a slave sell or offer for sale at a market, any article or articles without having a writing from his owner or employer, giving permission so to sell, and containing a description of the nature and quantity of the articles embraced in such permission, such article or articles shall be forfeited to the city, and the slave may be punished by stripes. But the clerk may, under the instructions of the committee, exercise his discretion in not requiring the written permission and description daily from slaves who are known to be the salesmen of the owners of market gardens in this city or its vicinity, and who are in the habit of daily selling at the market. 13. Every butcher shall keep over his stall a sign with his name thereon, painted in letters which can be easily read. He shall be in person neat and cleanly, shall keep clean the benches, and all parts of his stall and the pavement thereof, and shall whitewash the interior twice a year. No butcher shall extend any of the blocks, benches, or other fixtures of his stall beyond the distance of nine feet out from the side wall. No person shall occupy a stand more than eight feet along the line of the curb stone. And no butcher at a meat market nor any seller at a vegetable market shall leave about the market house after market hours, any loose barrel, box, bench or plank. 14. No butcher shall erect or have at a market house any box in which to lock up meats, unless such box be elevated on legs at least two feet above the floor or pavement of the market MARKETS. 129 house, and be constructed according to a plan furnished by the committee of such market. And every butcher having at a market house a box shall have it thoroughly cleansed at least once a week. No article shall be kept therein for a longer period than one week, unless it be smoked or salt meat. If at any time any article therein become offensive or if brine or anything else be found dripping from any such box on the floor or pavement of the market house, the article thus offensive or producing such dripping, shall, by order of the clerk, be immediately removed from the market house. A person violating this or the preceding section in any respect, shall, for every such violation, pay a fine of not less than one dollar nor more than five dollars; and every day that any such violation continues, shall be deemed a distinct offence. 15. Every butcher shall each day bring to the market house the hides with the ears of every animal brought by him that day to the market for sale, and shall keep the same exposed to public view for at least two hours. No butcher shall bring any dog within or to the market during market hours. Nor shall he bring to the market after the first of Clay and before the first of November following, any beef tallow, except such as may be necessarily attached to the hind quarters of beef. Nor thall he leave in a market house or any adjacent street, alley or ground, the head or a foot or other part of an animal. Nor shall any person deposit any filth, offensive matter, dirt or rubbish in or about either market house or any such street, alley or ground. Any person violating this section in any respect shall, for each offence, pay a fine of not less than two nor more than ten dollars. 16. If any person shall, at either market or within two hundred yards thereof, keep tied later than an hour after sunrise any live calf, sheep, lamb, hog or shoat, he shall, for every such offence, pay a fine of five dollars, unless such animal arrive at the market at a later hour, in which case 17 130 CITY PROPERTY. it may remain about the market house for a time not exceeding one hour, and during that time may be offered for sale. 17. Any butcher or other person who shall sell or offer for sale, at a market, any sturgeon not previously skinned, or any unsound meat, fish, flesh, fowl, eggs, or other unsound article, or any meat which is distempered or blown, raised or stuffed, or which is dressed or garnished falsely, or in a way calculated to deceive, shall pay a fine of not less than five nor more than twenty dollars, and forfeit what is so sold or offered. 18 The clerk of each market shall examine all meats, fish and fowls,ffered at such market for sale, and take possession of such as by the preceding section are prohibited from being so offered, and unless on an appeal by the person offering the same to the committee of markets, the decision of the clerk be reversed, the said clerk shall cause what he so takes possession of to be buried in a suitable place. 19. No person selling fruits or vegetables at market, by measure, shall sell the same in any other than dry measure. No person shall buy or sell at market any beef, pork, mutton, veal, shoat, lamb or butter, in any other manner than by weight. And no article sold or offered for sale at a market shall be weighed with steelyards. Every butcher shall keep, in a conspicuous part of his stall, his patent platform balances and weights, or his scales and weights; the scales well balanced and in good order and the weights correct. Any person violating this section shall pay a fine of not less than one dollar nor more than five dollars. 20. The clerk of each market shall, from time to time, examine the scales, balances, weights and measures used by persons at such market, to see whether they are sealed according to law and conform to the preceding section; and also examine butter and other articles sold or offered for sale by weight, to see that they are not deficient. Persons having at market illegal scales, balances, weights or measures, shall forfeit the same to the city. Articles offered for sale by MARKETS. 131 weight, and found deficient, shall likewise be forfeited to the city; or if sold, the value thereof shall be forfeited. In every case in which the clerk of a market shall have good cause to believe that any thing is forfeited under this section or under any other section of this ordinance, he shall seize the same, and summon the person in possession thereof at the time of the seizure, to appear before the mayor, or some other justice, at some time within twelve hours to shew cause why the said thing should not be a(ljudged forfeited. 21. No person shall sell from any stand, cart or wagon, on Sixth, Marshall or Broad street, adjacent to the Second market until all the benches within the vegetable mnarket and the square on the eastern side thereof are fully occupied, and then only at such places as the clerk of said market may, under the instructions of the committee, direct. A person violating this section, shall, for every such violation, pay a fine of one dollar. 22. The clerk of a market may order any butcher or other person having at his market a cart, wagon, dray or other vehicle or a horse or beast of burden, to remove the same; and if such butcher or other person fail to obey the order, he may be fined one dollar for every fifteen minutes such failure may continue. 23. If a person at a market, use obscene, profane or threatening language, or shall fight thereat, he shall be fined not less than one dollar nor more than ten dollars for each offence. 24. The clerk of a market shall prosecute all offenders against this ordinance. To enable him the better to execute his office and preserve order about the market, he shall have the powers of a police officer within two hundred yards around the market in every direction. 25. There shall be appointed by the clerk of each market, a deputy to be approved by the committee of said market; which deputy shall in case of the clerk's sickness, or temporary absence, perform the duties of clerk, and for this put 132 CITY PROPERTY. pose shall have the like powers. The deputy's pay shall be at the rate of two dollars per day, for such time as he may actually perform the duties of clerk. The same shall be ptaid out of the clerk's salary, unless upon the recommendation of the committee the council shall otherwise direct. 26. The clerk of each market shall, on the first day of every January, April, July and October, render to the chamberlain an account, verified on oath, of all moneys which he may within the preceding three months have received by virtue of his office, and pay to the chamberlain the amount thereof. If he fail for twenty days to render such account or to make such payment, the chamberlain shall report such default to the council at its first meeting afterwards. WATER WORKS. AN ORDINANCE CONCERNING THE WATER WORKS. 1. Committee; when to be appointed. for water. To appoint an assistant. 11. How water introduced intopremises, 2. The authority of committee. Super- and by whom. intendent, &c., subject to. Who to 12. Water rents-what. act as clerk. 13. When superintendent may fix water 3. Superintendent to give security. rents. Council may change them, When and to whom to deliver his 14. When water rents payable. books. 15. Water rent, how long to be paid. 4. Compensation of superintendent and How it may be discontinued. assistant. 16. How bills for water rent made out. 5. Duties of superintendent. By whom presented. 6. Where assistant to reside. His duties. 17. Deduction for prompt payment. How 7. What hands superintendent may em- collected if not paid to chamberlain. ploy. What material, &c., he may 18. Water fixtures, &c., not to be intropurchase. How paid for. duced into lot but by superintendent. 8. Shall keep a map. What it shall Exception. contain. What account he shall keep, 19. What plumbers shall not do without and to whom return it. permission. 9. 1o keep a book, and enter all branch 20. Superintendent or agent may enter pipes, &c. lot-for what. 10. How and where persons shall apply 21. Penalty-for what injuries and ob WATER WORKS. 133 structions. 24. When and by whom water may be 22. Waste, or use of water by another be taken without fine. permitted, to be fined. Water to be'25. Superintendent to enforce ordinance. stopped nff. Using the water with- Duty of police. out paying the rents to be fined. 26. What water rents to be collected as 23. Poor persons may be permitted to heretofore. use water. 1. Be it ordained by the council of the city of Richmond, That annually, as soon as practicable after the election for menmbers of the council, there shall be appointed by the council fronm each ward, two members to constitute, with the president of the council, a committee on water; which committee, as soon as practicable after its appointment, shall appoint an assistant to the superintendent. Upon every appointment to the office of assistant, the committee shall report to the council the name of the person so appointed. The duties of the assistant, when he is prevented by sickness or other cause from discharging them, may be performed for such time as the committee may allow, by a competent substitute approved by them or by the superintendent. 2. The committee shall have the superintendence and general government of the water works. The superintendent of the water works and the said assistant, shall, except as otherwise prescribed by this ordinance, act according to the directions of said committee. The clerk in the second auditor's office shall attend all meetings of the committee and act as its clerk, and make and keep a true record of its proceedings. 3. The superintendent shall, before acting in his office, give bond with sureties in the penalty of five thousand dollars. When his term of office expires, his official books and papers shall be delivered by him to his successor, or in such other manner as the committee may direct. 4. The superintendent and assistant shall be paid for their services at the following rates per annum, to wit: the superintendent at the rate of fifteen hundred dollars, and the assistant at the rate of eight hundred dollars, payable quarterly. 5. The superintendent, subject to the committee's control, 134 CITY PROPERTY. shall have a general charge of the reservoirs, pump house, and all the buildings, fire plugs, fixtures and pipes erected or laid down for the water works, and of the lands on which the said reservoirs, pump house and bulildings are. He shall carefully inspect all parts of the works and have the same kept in good order and in proper operation, and the water furnished as pure and clear as practicable, with promptness and regularity, at the city buildings, and to all persons entitled to its use under the provisions herein after contained. 6. The assistant shall reside in or at the pump house, and it shall be his especial duty to take good care of the buildings and machinery. But he shall be at all times subject to the control of the superintendent. 7 Subject to the control of the committee, the superintendent may employ in and about the works such men as he may deem suitable and necessary. He shall keep an account of their names, the kind of work done by them, and the days of the week or month they work. IHe shall quarterly present to the committee a statement of the materials, tools, and other articles necessary for carrying on the works for the following quarter, and an estimate of their cost. And subject to such restrictions as may be imposed by the committee, the superintendent may purchase such materials, tools and other articles. What may be so purchased shall be taken care of by him and used as required. All bills for the same shall within three months be laid by the superintendent before the committee. What the committee may allow for such purchases, or for any necessary current expenses of the works, shall be paid by a draft drawn on the auditor, signed by the chairman of the committee, and attested by the superintendent. 8. The superintendent shall preserve a map of the location of the main pipes, showing the course, distance and size of each of them, and when there is any extension of the main pipes, shall, as soon as possible, mark on the map the place of such extension and the size of the pipe used in making WATER WORKS. 135 it. lie shall enter in a book, to be kept in his office, and shall report to the auditor the quantity, description and cost of the materials used, and the cost of the labor employed in making such extensions; and the auditor in books to be kept in his office, shall keep accounts thereof. 9. In a book, kept in his office, the superintendent shall make an entry of all branch pipes, hydrants and other fixtures from the main in the streets. The entry shall state the quantity, description and cost of the materials used in laying down, and fixing the pipes and fixtures; and it shall designate the point of junction of each branch pipe with the main pipe, and the course and distance of the pipe to the premises supplied thereby, so as, in after time, to avoid difficulty in ascertaining the position of any part of the pipe. 10. A bool shall be kept in the superintendent's office, with a caption importing that the owners of property whose names are undersigned, request that water may be introduced upon the premises mentioned opposite their respective names, upon the terms prescribed by the ordinances of the city. When the owner of any property within the range of the pipes applies for the introduction of water into his premises, he or his agent shall write his name in said book, under said caption, and write opposite thereto, the date and number of his application, the location of his premises, and the purpose for which the water is to be used, and shall deliver to the superintendent a plan of the work intended to be done. The city water shall not be introduced into the premises of any applicant until there is written what is here required, and the said plan shall be delivered to the superintendent. 11. After there is written what is so required, and the plan is delivered to the superintendent, water from the main pipe in the public street or alley, shall without delay, be conducted by the superintendent to the applicant's premises, by means of suitable service pipe and fixtures, with a separate attachment for his particular house or tenement. No 136 CITY PROPERTY. hydrant or cock shall be allowed to be on a sidewalk, or in an exposed situation from which water may be taken without detection; and there shall be placed on the service pipe near the curb stone a stop-cock, (with an iron cover marked " City Water Works,") so that the supply of water may be stopped at any time when it is proper to do so. The said applicant may have the water introduced into his premises, from the service pipe laid down by the superintendent as above directed, by means of suitable service pipe, hydrant and fixtures, according to the plan delivered to the superintendent; provided such work be conducted by practical and competent plumbers, and the materials used in the construction thereof' be of the best quality and sufficiently strong to withstand double the required pressure; and provided that on the completion of the work, and before the water is turned into it, notice thereof shall be given to the superintendent or his agent, and the work be by him inspected and approved. 12. The supply of water to any person, shall be on condition of his paying a water rent at certain rates; which shall be as follows: If for the purpose of building. For each table used for brick making, $25 per annum. When in a building, bricks are laid or stone work or plastering done, 5 cents for each thousand bricks, 2 cents for each cubic yard of stone work, and 20 cents for each hundred yards of plastering; a license to be obtained from the superintendent for each building for which the city water is wanted for any of these purposes. If for a public building. At the following rate per annum, to wit: For the capitol, $75; State armory, $50; Medical college, $50; State court house, $25; a theatre, $20; a church, $10; a public hall, $10, in addition to other charges on same building; Henrico county court house, $60. For sc7ools. At the following rate per annum, to wit: For a boarding school, $10, and a quarter of one per centum WATER WORKS. 137' on the value of the buildings so used. For a private school, $6. For depots, nanvzfactories, work-shops, and warehouses. At the following rate per annum, to wit: For a railroad depot, $70, for every locomotive in which the city water is used making six trips in the week, and in the same proportion for every such locomotive making fewer than six trips in a week. This shall pay for all the uses of water at such depot, except for stationary steam engines, water closets and baths. For each stationary steam engine, $4 for each estimated horse power. But no steam engine shall be supplied except where the water is taken in the building where the engine is used, for the usual purposes for which water is used in such building. For a rolling mill, or a foundry and machine shop, or a barrel factory, or stemmery, $1.0, if not more than 15 persons be employed therein; for each additional person, 20 cents. For each spike machine, $30. For each manufacturing mill, $30. For a tobacco manufactory, 60 cents for each hand employed therein; but no charge to be less than $10. For a tobacco warehouse, or a currier shop, $25. For a rectifying establishment, $30. For a dying establishment, $15, exclusive of use of steam boiler. For a lager beer, porter, soda or bottling establishment, $30. For a blacksmith's shop, or a printing office, or a barber's shop, $10. For a carpenter's shop, $7. Bakeries, restoratives, taverns, stables, billiard saloons, &c. At the following rate per annum, to wit: For a bakery, $15, if the tenement be used exclusively as such; if besides being used as a bakery, the bakery be also occupied as a dwelling for a family, then only $8 for the bakery. For a house of private entertainment, $12, and one per cent. on the rent of the buildings used for such purpose. For an ordinary, or house of public entertainment, or restorative, $20, and one quarter of one per centum on the value of the buildings used for such purpose. For each negro jail, $25. For a livery stable, 50 cents for each stall, whether used or 18 138 CITfY PROPERTY. not. For a packet boat office, $10. For a private stable, $1, for one horse or mule, and all over one, 50 cents for each horse, and $1 for a private carriage. For a stable where hacks or carriages are kept for hire, $1 for each horse and $3 for each carriage or hack. For each mule or wagon lot, $25. For a billiard saloon, $10. Stores and ffices. At the following rate per annum, to wit: If a tenement be used exclusively as a grocery store, hat store or shoe store, $1 0 for such tenement; if besides being used as a store, the house be also occupied as a dwelling for a family, then only $5 for the store. If a tenement be used exclusively as a dry goods store or book store, $7 for such tenement; if besides being used as a store, the house be also occupied as a dwelling for a family, then only $5 for the store. For each apothecary store, $10, unless soda water be there manufactured, in which case the same shall be paid as for a soda water manufactory. For each confectionary store, $1 0; if besides being used as a store, the house be also occupied as a dwelling, then only $5 for the store; and when candy is made, $10 additional. For each auction store, or other store not mentioned above, $10. For each office not otherwise provided for, $3. Dwelling houses, when valued at $1,000 or less, $5; for each additional family occupying the same house, $5 each; when valued at more than $1,000 and not over $2,000, $6; when the house is occupied by more than one family, $5 each; when valued at.$2,000 and not over $5,000, $8; when the house is occupied by more than one family, $6 each; when valued at $5,000 and not over $8,000, $10; when occupied by more than one family, $7 each; when valued at $8,000 and not over $12,000, $12; when the house is occupied by more than one family, $8 each; when valued over $12,000 and under $15,000, $15; when occupied by more than one family, $9 each; when valued over $15,000, $20. Baths, water closets, fountains and hose. At the following rate per annum, to wit: For each public bath tub,:6. WATER WORKS. 139 For each private bath tub, $3. In the case of a water closet in a public house, for each seat, $6. In the case of water closets in a private boarding house, or in a private house, $3, if there is but one seat, and two dollars each if there be more than one. But no bath or water closet shall be supplied except when the water is taken in the building where such bath or water closet is, for the usual purposes for which water is used in such a building. For a fountain in a yard, $50, to be used at the discretion of the committee; and for a forntain in a store, $5. In such cases as the superindent, under the regulations of the committee, may allow the use of small hose, - nozzle, $10 if such use be for sprinkling the carriage way of streets, and $3 if it be for sprinkling a side walk, yard or garden. There shall be a fine of $10 on any person who shall for any such purpose use the hose between 8 o'clock in the morning and 5 o'clock in the afternoon9 or who shall at any time use hose for washing a carriage or other vehicle with the city water. 13. In any case not herein before provided for, the water tent shall be at such rate as may be fixed by the superintendent, subject to the committee's control. And in cases that are herein before provided for, it shall be lawful for the counoil, at any time hereafter, to add to or increase the rates for Tater to be thereafter supplied. 14. Water rents shall be payable half yearly in advance; in 3Monroe ward, on the 1st day of January and the 1st day,of July; in Madison ward on the 1st day of March and the 1st day of September; and in Jefferson ward on the 1st day,of May and the 1st day of November. Except that when the supply of water is commenced in a ward between the days Iabove fixed for payment of rents in that ward, the person 8supplied shall, at the time of such cmomencement, pay at the rate before mentioned up to the next day fixed for payment,of water rent in that ward. And rents for water,used in brick or stone work, or plastering, shall be payable on the 14 0 CITY PROPERTY. first ensuing day fixed for payment of'water rents in the ward in which said water is used. 15. When, upon such application as is before mentioned, a hydrant is erected on any premises, and water commenced to be supplied at such hydrant, rent for such water shall continue to be payable for at least one year, whether the party desires the supply for that length of time or not. In other cases, a person supplied with water may discontinue the use thereof by giving to the superintendent notice, in writing, for one month prior to "the expiration of the time for which he has paid; otherwise he; shall be chargeable for the six months next following such expiration. Though said months notice be not given, yet, when there are two houses or tenements, and payment for water supplied at the hydrant of each has been made for not less than a year, a water-taker, removing from the one to the other, shall give notice of such removal to the superintendent, who shall, thereupon, stop the supply of water at the one, and furnish it at the other; and payment shall be made accordingly. And if any person who is taking water at a house removes therefrom, lhe shall give notice thereof on or before the day of his removal; and if he shall fail to do it, he shall pay a fine of not less than five nor more than ten dollars. 16. Fifteen days before the water rents shall be payable, as provided in section 14, the superintendent shall furnish the auditor with a correct list of all persons to whom water is supplied, and the sum payable by each for water rent. The auditor shall keep an account thereof in his office, and shall have bills made out for the same, showing the amount due, and the amount which will be due after deducting five per cent. therefrom; and he shall place said bills in the hands of the superintendent, who shall have every bill presented to the person who is to pay it, (or at his residence or place of business,) stating, at the foot of the bill, the day of its presentment; and shall, within ten days after re6eiving WATER WORKS. 141 any bill from the auditor, return to him a memorandum, stating the clay it was presented. 17. From the amount of the bill for water, there shall be a deduction of five per cent., provided that the residue of the bill be paid to the chamberlain, at }his office, within ten days next after its presentment, and before three o'clock, P. M. If a bill for water shall remain unpaid for thirty days after that on which it is presented, the auditor shall notify the superintendent, who shall cause the water to be stopped from the premises in respect to which the default exists, (if the same can be done without stopping the water from the premises of others who have paid); and he shall not allow it to be used on those premises again until said bill is paid. The auditor shall make out a bill for the amount due, with the addition of five per cent. thereon, and deliver the same to the collector of the city taxes, who is hereby authorized and required to co'lect the same as if it was due for city taxes, and after deducting five per cent. for his compensation, pay the balance to the chamberlain within two months after the bill is put into his hands; and the official bond of the said collector shall extend to secure the faithful discharge of his duties under this ordinance. 18. If any person, other than the superintendent or his agents, shall introduce into any lot or tenement, water from the city pipes, or introduce any ferule or other fixture into any of said pipes, or construct or lay down, or have constructed or laid down any pipes or other works, for the purpose of introducing water into a lot or tenement, or break up any street, lane, alley or road for the purpose of constructing or laying down any such pipes or works, every person so offending shall pay a fine of not less than five nor more than twenty dollars; and every twenty-four hours during wlhich such work or fixture shall continue, shall be a distinct offence. But after water has been introduced into a lot or tenement, as provided in section 11 of this ordinance, the fine shall not be incurred by the owner or occupier of 142 CITY PROPERTY. such lot or tenement, when he, by permission in writing of the superintendent, or (if he refuse) by permission of the committee, causes to be attached to the said pipes, fixtures for water closets, boilers, baths, wash basins, or other things for which water is required, provided such fixtures be constructed by practical and competent plumbers, and the materials used in their construction be of the best quality, and sufficiently strong to withstand double the required pressure, and provided that on the completion of the work, notice thereof be forthwith given to the superintendent or his agent, and the work be by him inspected and approved. 19. No plumber shall make any addition to, or alteration of, any fixtures connected with the water works, without having first received a written permit from the superintendent or the committee to do so; nor shall any attachment be made for any purpose whatsoever from any pipe, except it be the pipe supplying the premises for which such work is to be done; and all pipes put in by plumbers shall have separate stop-cocks to each branch thereof, so that no difficulty may occur in shutting off the water when it is necessary to do so, under a penalty of ten dollars for each violation. 20. Every person occupying any lot or tenement into which water is conveyed, under this ordinance, shall permit the superintendent or his agent, or any authorized agent of this city, to enter such lot or tenement, at seasonable hours, to inspect the works therein, or to see if this ordinance has been violated. Any person refusing so to do, shall, for each refusal, pay a fine of five dollars. 21. If any person shall deface or injure any house, wall, cock, wheel, fire plug or other fixture connected with or pertaining to the water works, or shall bathe in the reservoir, basin or canal thereof, or deposit any offensive matter, or any stick, mud or rubbish in said reservoir, basin or canal, or shall, without lawful authority, climb over or get through the fence or enclosure of the reservoir, or place any building WATER WO1RKS. 4-; mnaterial, rubbish or other matter on the stop-cock of a street mhain or service pipe, or obstruct access to any fixture connected with the water works, or remove or injure any pipe, fire plug, hydrant or cock, or, open any of them so as to waste the water, or if any person shall use the city water fobr a purpose for which he has neither paid nor obtained a license to use it, every such person shall, for each offence, pay a fine of not less than five nor more than twenty dollars. 22. When the occupier of a lot or a tenement, on which has been erected or placed a hydrant, cock or other fixture to supply water, shall permit the water to run from the hydrant, cock or fixture, without proper care to prevent waste, or shall permit the water to be used, taken or received by any person, other than said occupier, or a member or visitor of his family, there shall,:in each case, be a fine on the said occupier of not less than five nor more than twenty dollars, and in the latter case there shall be a like fine, also, on the person so using, taking or receiving the water; and in every such case the superintendent shall stop the water from said lot or tenement, and not turn it on again until a satisfactory assurance is given him that the like case cannot happen again. So, likewise, if any hydrant, cock, or other fixture be found leaking, and the owner or occupier of the premises shall refuse or fail to have the necessary repairs made, the superintendent shall stop the water from said lot or tenerment, and there shall be a fine of ten dollars on any person who shall turn on the water before such repairs are made. If any person not acting under the authority of the superintendent or the committee, shall turn the city water on any premises whatsoever; or if any person shall take, receive or use the city water before first lhaving paid the charges for the same, he shall pay a fine of ten dollars for each offence. 23. Notwithstanding the preceding provisions, the committee may grant to any poor person, without charge therefor, license to use the water from a hydrant on another lot or tenement, with the permission of the occupier thereof. 144 CITY PROPERTY~ The superintendent shall keep a separate list of all licenses granted under this section. 24. Nothing in this ordinance shall prevent the occupier of a lot or tenement, supplied with city water, from having, when his hydrant or pipe is out of order, the use of water from a hydrant on another lot or tenement, with the permission of the occupier thereof; nor prevent any person from taking city water to extinguish fire; nor prevent city water from being used by a fire company in examining, or practicing, or cleaning and putting in good condition their engines and hose. 25. The superintendent shall diligently enforce all ordinances relating to the water works, and prosecute all who may violate any of their provisions-and it shall be the especial duty of the day and night police to report violations of this ordinance which come within their knowledge. 1 EALT H. IiEALTH AND CITY HOSPITAL. AN ORDINANCE CONCERNING HEALTH AND THE CITY HOSPITAL. I. Committee to be appointed. When. 4. What committee may purchase; and 2. Hospital physician to be appointed. how expenses paid. When. To be superintendent of 5. Who shall received into the hospital quarantine. 6. Who to be health officer. His duties. 3. Who committee may employ; and 7, Patients in the hospital to pay their fix their compensation. expenses. How collected. 1. Be it ordained by the couzncil of the city of liclmomd, That in every year, as soon as may be after the organization of the council, there shall be appointed by the president, three members of the council as a committee of the city hospital, who shall exercise a general supervision over it, and recommend to the council such improvements in or about the premises as they may deem advisable. 2. The council shall annually, at the first monthly meeting in April, or as soon thereafter as practicable, elect a hospital physician, who, in addition to the duties prescribed by this ordinance, shall be the superintendent of quarantine. 3. The committee may employ a person as house-keeper -of the hospital, who shall reside therein and keep it and the furniture thereof in good order, and when necessary act as nurse; and who shall perform such other duties as the committee may require. The committee may also, at and for such times as they may see occasion, employ other nurses and attendants, and 19 IIEALTH. IFEALTH AND CITY HOSPITAL. AN ORDINANCE CONCERNING HEALTH AND THE CITY HOSPITAL. 1. Committee to be appointed. When. 4. What committee may purchase; and 2. Hospital physician to be appointed. how expenses paid. When. To be superintendent ofl 5. Who shall received into the hospital quarantine. 6. Who to behealth officer. His duties. 3. Who committee may employ; and 7. Patients in the hospital to pay their fix their compensation. expenses. How collected. 1. Be it ordained by the coiuncil of the city of Iicbimovd, That in every year, as soon as may be after the organization of the council, there shall be appointed by the president, three members of the council as a committee of the city hospital, who shall exercise a general supervision over it, and recommend to the council such improvements in or about the premises as they may deem advisable. 2. The council shall annually, at the first monthly meeting in April, or as soon thereafter as practicable, elect a hospital physician, who, in addition to the duties prescribed by this ordinance, shall be the superintendent of quarantine. 3. The committee may employ a person as house-keeper of the hospital, who shall reside therein and keep it and the furniture thereof in good order, and when necessary act as:nurse; and who shall perform such other duties as the committee may require. The committee may also, at and for such times as they may see occasion, employ other nurses and attendants, and 19 HEALTH AND CITY HOSPITAL. 147 7 All expenses incurred for the removal of any person infected with a dangerous disease, and for maintaining, nursing and curing him, or incurred in entering any lot, house or vessel suspected of having persons or things infected with a dangerous infectious disease therein, and removing them to the hospital, shall be paid to the superintendent of the hospital, (who shall account therefor quarterly to the chamberlain,) by such infected person, or by the owner of such lot, house or vessel as the case may be; or if such person or owner be a married woman, by her husband, or if an infant, by his parent or guardian, and if a slave, by his owner. An account of all such expenses not paid to the superintendent shall,by him, be filed with the chamberlain, who shall, unless the amount thereof be paid, or the committee on finance otherwise direct, cause the same to be recovered from the person liable therefor, by suit or warrant as the case may be. BOARD OF HEALTH. AN ORDINANCE TO ESTABLISH A BOARD OF HEALTH. 1. Board of health. How constituted. 4. Power and duties of the president of When appointed. the board. 2. When board shall meet. Clerk. 5. Compensation. 3. Duties of the board. 1. Be it ordained by the council of the city of Richmond, That annually in the month of May, there shall be appointed by the council, three physicians, one from each ward, who shall constitute a board of health. 2. The board shall meet at the council chamber on the first Monday in April, May, June, July, August and September in each year, and whenever convened by their presi 148 HIEALTi,. dent. They shall annually, at their first regular meeting after their appointment, choose a president from their own body, who shall continue in office until his successor is appointed. The board shall be attended when in session by a clerk from the auditor's office, designated by the auditor, and such clerk shall be the secretary of the board and have charge of its records. 3. The board shall keep a journal of their proceedings, which may be at all times examined by the council. They shall, at least three times between the first of April and the first of September, in each year, inspect the city carefully, visiting all localities suspected of being unhealthy or of' being exposed to disease, and they shall suggest to the council such measures as they think fit, to preserve the health of the city, and especially to prevent the introduction and spread of contagious and infectious diseases, and to prevent or regulate the pursuit of callings prejudicial to the public health or the public comfort. They shall also consider and report upon such matters as may be referred to them by the council. 4. The president of the board shall convene it whenever he thinks proper. He shall preside at all meetings, sign the minutes, make reports to the council, correspond with other boards of health, and do all other things necessary to the efficient action of the board. 5. The members of the said board shall each receive fifty dollars per annum as compensation for their services. I' OL.I C E, POLICE. AN ORDINANCE CONCERNING THE POLICE. 1. Of what the Police of the city to 7. General duties of police. consist. Under control of Mayor. 8. Police officers. How nominated and Powers, duties and fees of Police in appointed. criminal cases. Where they shall 9. Watchmen. How appointed or disreside. charged. Where to reside. 2. Watch-houses. Where. Watch. 10. Mayor to hold court. To have suWhere to assemble. To be assigned perintendence over entire police. to district. 11. Attorney to prepare forms. 3. District of watchman to be changed. 12. Pay of the Mayor and police. Two, how long together. Not to re- 13. Officer of police to receive no other tail spirits, or be a merchant. compensation. Officer absent, Mayor 4. Watchman's time of service. To ex- may supply his place. tinguish street gas lamps. 14. Penalty for resisting police in dis5. How to summon aid. Who and how charge of their duty. put into the watch house. 15. Secret service fund. 6. Three districts. Officers assigned to 16. Committee on police. What referred each. His duty. Duty of day police. to it. 1. Be it ordained by the council of the city of Richmond, That the regular Police force of the city shall consist of a night watch of forty privates and four officers-a captain, and three lieutenants, to rank as first, second and third lieutenants of the watch; and five day police officers, to be designated first, second, third, fourth and fifth day police officers, of whom the first shall be styled chief. And the mayor may, in cases of emergency, increase the number of privates to any extent the public necessities may require. The entire police force of the city shall be under the control 150 POLICE. of the mayor, subject to such regulations in the management thereof as the council may, by ordinance, prescribe. Under the like control the police officers, both of the night and day, shall, in criminal cases, have the same powers, duties and fees, and be subject to the same penalties that are prescribed by law to constables. Each of the said officers shall reside in such ward as the mayor may designate; but he shall so arrange their residence that a day police officer and a lieutenant of the night watch shall reside in each ward of the city. 2. There shall be two watch houses in the city, to be designated as first and second watch house. The first shall be over the first market, and the second over the second market. Under the control of the mayor, the captain of the night watch shall divide the city into districts, and may, from time to time, alter the same. The whole night watch shall promptly, at sunset, rendezvous every evening at the first watch house, when it shall'be the duty of the captain, or if he be not present, of the officer next in rank present, to call the roll of watchmen, and immediately thereupon assign to each district two watchmen, or such other number as the mayor may direct; and, in a book describing the districts, shall enter the names of the watchmen so allotted. When a watchman fails to answer at roll-call, his absence shall be noted in said book, and a substitute employed for him at a price not exceeding the pay of a regular watchman. The name of the substitute shall also be noted in the said book. The watchmen not allotted to a particular district shall be employed for the night as may be directed by the mayor. Unless a different rule be prescribed by him, two of them shall stay at the watch house, and the others shall be allotted to particular divisions of the city, each division embracing more than one district. The watchmen of divisions shall, when on duty, avoid such appearance as watchmen ordinarily have, so far as may be practicable without impairing their efficiency. POLICE. 151 3. No watchman allotted to a particular district shall be, for the same district, more than four successive weeks; nor shall the same two watchmen be on duty together more than two successive weeks. And no person shall be employed as a watchman or substitute, who retails ardent spirits as an ordinary keeper or otherwise, or who is concerned in business as a merchant. 4. The watch shall commence their duty every night at sunset, and continue it till sunrise; passing, in the mean time, over every part of their district or divisidn as often as they can, consistently with their other duties. The watchmen for each district shall light the street lamps, and extinguish them at such times as may be directed by the proper agent of the committee on light. 5. When necessary, the watchmen shall, by means of rattles or otherwise, summon to their assistance other watchmen from adjacent districts. When a person is apprehended by watchmen in a district other than that in which there is a watch house, they shall proceed with himn to the next district in the direction of a watch house, and by means of rattles or otherwise, summon the watchmen of that district, and transfer him to such watchmen, who shall, in like manner, convey and transfer him, till delivered at the watchhouse. 6. Three officers of the night watch shall be on duty every night, during the whole night. The city shall be divided into three districts, as the mayor may direct; to each one of which shall be assigned an officer of the night watch, whose duty it shall be to explore, as thoroughly as he can during the night, that part of the city within the district assigned him, and see that the watchmen therein perform their duty. It shall be the duty of each officer to report promptly to the mayor any watchman, or other officer, who may be found remiss or derelict. It shall be the duty of the day police officers to explore, every day, from sunrise to sunset, as far 15 2 PoLICE as practicable, the streets and alleys of the city. The first day police officer shall perform this duty throughout the whole city; the other four shall perform it within the respective wards to which they may be assigned, and without them whenever the mayor shall direct. Each officer of police, whether of the night or day, shall report to the mayor every nuisance or obstruction that he may find in any drain, gutter, or other part of a street or alley, or that be has reason to believe, or is informed is in any house, or upon any land in the city;' and shall execute the orders of the mayor in regard to any such nuisance or obstruction. Each of them shall, when in his opinion repairs are required, without delay report the same, if they be required to a street or public alley, to the superintendent of streets; and if to a pipe, hydrant, or other fixture of the water works, or any fixture of the gas works, in a street or public alley, to the respective superintendents of such works. Each of them shall report to the mayor every violation of any ordinance of the city that he has reason to believe, or is informed has been committed; and make such other reports, and give such other notices and information as may be prescribed by any ordinance, or be useful in the enforcement thereof. Each of the day officers shall, at every regular monthly meeting of the council, return a statement of his reports to the Mayor within the preceding month, showing the date of every such report. 7. The whole of the police shall endeavor to prevent the commission of offences in the city, and to preserve the good order and peace thereof, and secure its inhabitants from personal violence, and their property from loss and injury. They shall earnestly endeavor, when any offence is committed in the city, to detect and arrest the offender, and strive to enforce all ordinances prescribing any fine or punishment for, and all acts of assembly relating to offences in the city, or to negroes therein, or the police thereof. Although an officer be applied to when it is not his time for POLICE. 153 regular duty, he shall, upon an application, whether in the day or night, do all that the emergency requires. 8. The mayor annually, in December, or as soon thereafter as practicable, shall nominate to the council persons from amongst whom it may appoint the three lieutenants of the night watch, and five day police officers mentioned in this ordinance. Any police officer appointed by the council lnay be suspended from his office until the next meeting of the council, by the mayor, and may be rem6ved at any time by the council. A vacancy occurring during the year in any office to which there was an appointment on such nomination, may be filled in like manner. The number of persons nominated by the mayor to any meeting of the council, for any office of police, shall be at least four times as great as the number of offices then proposed by him to be filled; and( an appointment to an office may be from amongst any nominated for it, or nominated for any other police office to be filled. If the council shall by resolution decline to appoint to an office from amongst the persons nominated, the mayor shall make a further nomination to it of at least four other persons. 9. The mayor shall appoint the watchmen, and they may be discharged by the mayor or council, or by the captain, when he sees cause for prompt action, subject to the approval of the mayor. The watchmen, as well as the officers of the night watch, shall reside within the city. 10 The mayor shall, in the room in the City Hall now used for that purpose, hold a court, to be called the mayor's court, on each day, (Sundays excepted) between such hours as he may appoint, and hold jurisdiction in all cases in which the mayor of the city can do so, according to the laws of the State and the ordinances of the city. He shall exercise a general superintendence and control over the entire police thereof, pursuant to the ordinances of the city, and shall, from time to time, make report to the council of the state of the police, with such suggestions for its improve20 154 POLICE. ment as he may see fit,; and no police officer or watchman shall be absent from the city without his leave. 11. The attorney for the city shall, when required by the mayor, prepare forms in respect to any matter connected with the police of the city, of which the mayor may have blanks printed, at the expense of the city, for the use of the police. 12. The mayor and police officers shall be paid by the city, at the following rates per annum, to wit: The mayor at the rate of three thousand dollars; the captain of the night watch at the rate of one thousand dollars; the three lieutenants of the night watch, each, at the rate of eight hundred dollars per annum; the first day police officer at the rate of one thousand dollars per annum; the second, third and fourth day police officers, at the rate of eight hundred dollars per annum; and the fifth day police officer at the rate of five hundred dollars per annum; the pay of the night watchmen shall be one dollar and fifty cents per diem, from the 1st of April to the 1st of October-and two dollars per diem from the 1st of October to the 1st of April, to be paid monthly; and any watchman prevented by sickness from doing service, shall receive the same pay, upon his producing the certificate of a practicing physician that he was sick. The salary of the mayor and the police officers, both of the night and the day, shall be paid quarterly. 13. No officer appointed to any office under this ordinance shall receive from the city, for services in suc or any other office, any other compensation than is herein mentioned. If any police officer be at any time absent from his regular duty, the mayor may, during his absence, employ an additional officer, who, for that time, shall have such rank as the mayor may prescribe; and, so far as is consistent with that rank, shall have such powers and duties as might have been exercised, or should have been performed, and be paid a sum equivalent to what would have been received by the absent officer if present. Such time of employment, and POLICE. 155 the names of the absent and the additional officer, shall be certified by the mayor to the auditor, who shall make such payment to the said additional officer, and shall deduct the amount so paid from the pay of the absent officer, unless such absence appear by the mayor's certificate to have been caused by sickness or legal summons. 14. If any person shall resist any police officer or night watchman in the discharge of his duty, he shall, if a free white person, pay a fine of not less than ten nor more than twenty dollars; and if a negro, bond or free, shall be punished by stripes, not exceeding thirty-nine. And if any free white person shall fail or refuse to aid or assist a police officer or night watchman, when called upon so to do by such officer or watchman whea in the discharge of his duty, he shall be fined not less than five nor more than twenty dollars. 15. There shall be a police contingent fund of six hundred dollars, to be designated the secret service fund. The nayor may, from time to time, draw on the said fund for such sums as he may think necessary in detecting and arresting offenders, and rendering the police efficient; and shall keep a book specifying the sums drawn, and for what purpose used, which book, on request, he shall exhibit to the chairman of the committee of police. 16. There shall be appointed, by the president of the council, as one of the standing committees of the council, a committee on police, to consist of three members of that body, to which, without any special order for that purpose, shall stand referred all matters and statements required by this ordinance to be made to the council, or any other matter specially reported by the mayor concerning the police. 156 POLICE. FIRE BRIGADE. AN ORDINANCE TO ESTABLISH A FIRE BRIGADE IN THE CITY OF RICHMOND. 1. Officers and men. Their oaths. The duty, &c. fire department. 10. Fire police. How constituted. Their 2. Engines, &c., provided by council. duties. Other fire associations forbid. i, Duties of police of the city with ref3. Meetings of' fire department, The erence to fires. clerk. How officersand men stationed. 112. Who may be member of fire brigade. 4. Who shall command brigade. His 13, Compensation of officers and men. duties. 14. When brigade shall assist the police. 5. Commander of company. His duties. 15. H1ow accounts examined and certified 6. Who to report absentees. Penalty and paid. fo)r absence. 16. Fire engines not to have names, 7. How officers and men removed. 17. What terms refer to hook and ladder 8. Fine fb,' insubordination, &c. company. 9. Fine for interfering with firemen on 18. May enlist five men to ring bells. 1. Be it ordained by the cozncil of the city of Richmond, That the fire brigade of the city of Richmond shall consist of a principal engineer, six cummanders, six foremen and one hundred and eight firemen. The principal engineer and the commanders shall be appointed by the council biennially in the month of May. The commanders shall be numbered by the council, and shall rank according to their numbers, the highest in rank being number one. They and the principal engineer shall hold office until their successors qualify, and before acting shall take the following oaths: The principal engineer shall make oath that he will discharge the duties of' his office to the best of his abilities, and each commander shall make the same oath, and also that he will obey the lawful orders of his superior officers. The principal engineer and commanders shall constitute the fire department, and shall immediately after their qualification appoint six foremen, who shall hold office until their successors are appointed. The commanders, under such regulations as the fire department may prescribe, shall enlist one hundred and FIRE BRIGADE. 157 eight firemen for general service in the fire brigade, for the term of two years at least, who shall sign articles of enlistment in the form prescribed by the fire department. Before acting, the foremen and firemen shall take the oaths prescribed fobr commanders; and certificates of all oaths under this ordinance, taken before any person qualified to administer oaths, shall be deposited among the records of the fire department. The fire brigade shall be kept up to its full force by enlistments and appointments made as aforesaid whenever vacancies occur. 2. All engines, hose and apparatus, and all hooks and ladders and all other instruments for the extinguishment of fires, for the use of the fire department, shall be provided by the council. And it shall not be lawful for any persons to organize a company or association within the city, for the purpose of acting as a fire company, or to keep within the limits of the city any fire engine or reel, with a view to act as such company or association. And every person appearing in any street of the city as a member of such company or association, for the purpose of acting as a fire company, or bringing into any street of the city such fire engine or reel shall, for every such offence, pay a fine not exceeding twenty dollars. 3. The fire department shall meet once a month, at which meeting the officer highest in rank shall preside. Four members shall constitute a quorum, and all questions shall be determined by a majority of voices. They shall keep a journal, and submit it when required to the council; and the clerk in. the chamberlain's office shall be the clerk of the fire department. They shall assign a commander, a foreman, and a proper complement of men to each company, and station the companies in the several wards, as they think best: subject however to the control of the committee on the fire department. They shall supply each company with the necessary engine, hose and apparatus, keep them in repair, 1158 POLICE, prescribe a uniform and make all needful rules and regulations for the fire brigade, consistent with the laws of' the State and the ordinances of the city, an dperfbrm all other duties imposed on them by ordinance. The system of fire alarms may be prescribed by the fire department. 4. The principal engineer, or in his absence the officer highest in rank, shall command the fire brigade. Each commander, or in his absence his foreman, shall command his own company. The officer in command of the brigade shall have the control of the engine houses, engines, apparatus and all other property of the fire department. He shall inspect the same twice in every month, order indispensable repairs and report them to the fire department, and see that everything is kept in a condition for efficient service. He shall have semi-annual washings of the appa' ratus and inspections of the whole brigade. During fires and washings he shall control all fire plugs, maintain order among the firemen and bystanders, preserve property, command both city and fire police, note and report to the mayor all violations of law or of the city ordinances, and do all things proper for the efficient operation of the brigade. He shall report annually to the council in the month of May, the names and ages of the firemen, the number and localities of the fires which have occurred during the year, the causes thereof if they can be ascertained, the names of the owners of the property destroyed or injured, the amount of such destruction or injury, the amount of insurance, the name of the insurance company, the value of the property saved by the brigade, and such other matters touching its operations and organization as he shall think proper. 5. Each commander shall, under such regulations as the fire department may prescribe, report monthly to the principal.engineer the names and residences of his firemen, the condition of his engine house, engine, hose and apparatus, specifying such repairs as he thinks necessary or desirable. iHe shall inspect the engine house, engine and apparatus at FIRE BRIGADE. 159 least once in every day, and cause the same to be kept in, good condition. He shall require the house to be kept closed except during fires, washings and cleanings, and shall report to the mayor all persons loitering about the same. He shall report all misconduct among his men to the principal engineer, and he shall prevent minors and colored persons from running with the engine, taking hold of the hose carriage or any part of the apparatus, or meddling with the same in any way. He sl-ihall report all such persons to the mayor, and if he knowingly permit such meddling he shall be fined by the mayor five dollars for every offence. C>. The commandler of each company, or if he be absent, the foreman, or if he be absent, the policeman of the conmpany shall report to the principal engineer, immediately after a fire, every officer, or fireman who shall not be on duty in ten minutes after an alarm of fire is first given. The principal engineer shall return monthly to the fire department a list of such reports, and the fire department shall impose the following fines, unless sufficient excuses are rendered: Two dollars on each commander, one dollar and a half on each foreman, aMnd one dollar on each fireman. They shall certify the same quarterly to the auditor, and he shall deduct such fines from the pay of the officers and firemen. If the principal engineer be absent from fires, washings, inspections or parades, without excuse, the fire department shall report him to the council. 7. The officers of' the brigade may be removed by the council, and the firemen may be discharged by the fire department at any time. 8 If any officer or fireman be insubordinate, disorderly or negligent, he may be fined by the fire department not exceeding ten dollars: which fine shall be certified and deducted from his pay as above prescribed. 9. If any person interfere with a fireman in the discharge of his duty, or loiter about the engine houses, or if any minor or colored person meddle with the engines, hose or 160 POLICE. apparatus, as herein before mentioned, he shall, if free, be fined by the mayor not less than five nor more than twenty dollars, and if a slave, be punished with stripes not exceeding thirty-nine. 10, The principal engineer shall cause each commander to detail annually one or more men for police duty, and shall assign one to the command of the squad. They shall constitute the fire police, and it shall be their special duty to maintain order during fires, to keep the ground clear by ropes across the streets or otherwise, to protect property from fire and pillage, to arrest and commit to the cage all persons who persist in interfering with the firemen after due admonition to desist therefrom, to report to the officer in command all violations of law or of the ordinances of the city, and to execute his orders. Each policeman, while on duty, shall wear a star on his breast. 11. The police of the city shall assist the fire police, and during fires obey the orders of the officer in command of the brigade. The night watch shall carry the names and residences of the officers of the brigade in their district, and shall call them on an alarm of fire. They shall also visit the engine houses at least once during the night, and report to the mayor all disorders committed there, and the names of all persons other than firemen in or about such houses. 12. No person under twenty-one years of age, or who does not list for State or city taxes fifty dollars of taxable property, shall be a member of the fire brigade. 13. The annual pay of the fire brigade shall be as follows: One thousand dollars to the principal engineer; two hundred dollars to each commander; one hundred and fifty dollars to each foreman; one hundred dollars to each fireman and two hundred and fifty dollars to the clerk of the fire department; payable quarterly. 14. The officer in command of the brigade in time of riot or insurrection shall, on the requisition of the mayor, as FIRE BRIGADE. 161 semble his brigade and assist the police in restoring order or quelling insurrection. 15. No work for the fire brigade shall be done by any member of the fire department. All accounts for work done shall be examined and certified by the fire department to the committee on the fire department, who shall examine, and if they allow them, certify the same to the auditor, or if they think fit they may report such accounts to the council, with a recommendation either that they be allowed or rejected. 16. The fire engines shall have no names but the letter of the company, and each company shall be designated by some letter of the alphabet, and by no other name. 17. The word "' firemen," wherever used in this ordinance, shall apply equally to the members of the hook and ladder company, and the phrase (Cengine house" shall apply to the house in which their apparatus is kept. 18. The fire department may enlist five members of the fire brigade who shall receive no compensation for their services, and shall not be required to attend at fires, washings or parades, but may be required to ring bells and other services. STREETS. AN ORDINANCE CONCERNING STREETS. 1. Commissioners of streets-when and 5. Ward commissioners to view how appointed. streets, &c., and direct repairs in 2. They are to appoint a chairman. their ward. What a quorum. 6. Their orders for the execution of 3. They may purchase materials, and work to be in writing and recorded. hire hands. 7. What officer to make a contract for 4. They shall recommend repairs and work. Contract to be filed with improvements of streets and culverts. chamberlain. 21 162 POLICE. 8. Who to superintend work. His duty. for. What not nuisance. When rail9. How work authorized by commis- road car not. sioners paid for. 32. Who to give information of nuisance. 10. Grade of streets. How made, how 33. Engines, &c.,nottoexceed rateoffour altered, how certified. miles an hour. When to ring bell. 11. How corners and lines, &c. of streets 34. Horses to wagon, &c., to walk. designated. Horse racing and fast driving in street 12. Culverts. Who to grant leave to prohibited, enter them. 35. Horse not to be tied or driven on side13. How leave to enter culvert obtained. walk. 14. On what terms culvert may be en- 36. Driver not to lock wheels or crack tered. whip. To hold reins in hand. 15. Penalty for injuring or obstructing a 37. How vehicles to pass each, other. culvert. Where not to stop. 16. Sidewalks-width of. 38. Officers may order vehicles to be re17. Cellar doors. How constructed. moved. When not allowed. 39. When offender may be arrested with18. Vault under street. Who may allow out warrant. it, and how constructed. 40. Firing cannon, &c., throwing snow19. Vaults and cellars to be properly balls, &c., playing at bandy, &c., made and kept in order. Penalty for shooting arrows, blowing horn in failure. streets prohibited. 20. Whatsidewalkstobe paved the whole 41. What sidewalks not to be used for width. hand carriages, &c., or skating. 21. What to be paved four feet width. 42. Engineer of the city. Whenand by 22. When owner of lot paving sidewalk whom appointed. may be paid. How much, and how 43. Engineer to make survey and plan of paid. the city. How to be disposed of. 23. Flag-stones. At what crossings to 44. To make surveys, plans and estimates be laid down. of public works. Architect and 24. Flag-stones to be laid down where draughtsman. private alleys and stables. Width. 45. Superintendent of streets. Secretary 25. Who to pay for them. How col- to commissioners of streets. What lected. plans, &c. to be made by him. 26, When work to be done in a street, 46. He is to explore the city. For what &c. How permission had to deposit purpose. materials therein. 47. He is to replace pavement taken up 27. In building what part and how long for water or gas pipes. street may be used to deposit mate- 48. Engineer and superintendent to rerials. port to commissioners of streets. 28. How much of sidewalk merchant 49. What assistants, books and implemay occupy, and how. When auc- ments allowed engineer and superintion in street allowed, when not. tendent. 29. Who to keep open paved gutter. 50. Council to assign rooms to engineer 30. What dirt, &c., from lot may be put and commissioner of streets. in street. How long to remain. 51. Salaries of engineer, superintendent 31. Filth, &c., or nuisance not to be put of streets and overseer of city hands. or remain in street. Penalty there1. Be it ordained by the council of the city of Richmond, That as soon after the organization of the city council as STREETS. 163 may be, the president of the council shall appoint three members thereof, from each ward in the city, who together shall constitute nine commissioners of streets for the city generally, under the style of commissioners of streets generally. They shall continue in office during the term of their election as members of the city council, unless by resignation or otherwise a vacancy sooner occur, when the same shall be filled by the president of the council, as soon thereafter as convenient. Such vacancy shall be so filled as that there shall always be three members of the council from each ward in the body of commissioners of streets. The three general commissioners so appointed from each ward, shall be special commissioners of streets for the ward from which they are appointed. 2. The commissioners of streets generally shall convene as soon as may be after their appointment, and as often thereafter as they may deem proper. There shall be present a majority of them to constitute a meeting, and of that majority there shall be at least one from each ward. They shall at their first meeting, or as soon thereafter as shall be practicable, elect a chairman. The chairman so elected, or any three of the commissioners, may at any time call a meeting of the commissioners. 3. The commissioners of streets generally shall cause to be hired for the city such number of hands as they may be authorized to hire by resolution of the council. They may cause to be purchased such materials, horses, mules, carts and tools as they may deem proper for the work in which said hands may be employed, and take such measures as they may deem necessary to have such slaves and hands furnished with proper food, clothing and lodging, and to have proper stableage and provender for the said horses and mules, and a suitable shelter for the carts, gear and tools. To these ends bonds, with security, payable to the city, in such penalty and with such conditions as they may deem fit, may be required and taken from any person with whom they may contract, and such bond shall be filed with the 164 POLICE. chamberlain. The slaves, hands and other things, when so purchased and hired, shall be under the immediate management of the overseer of the city hands, who shall not be the person with whom any contract shall be made under this section. Any sum or sums of money payable for any such purpose or hiring, or upon any contract made by the commissioners of streets generally, under and by virtue of this section, shall be paid upon a draft on the auditor, stating the amount to be paid and for what given, signed by the chairman of the commissioners of streets generally, and attested by the secretary. 4. The commissioners of streets generally, shall, by report in writing, attested by their secretary, recommend from time to time, to the city council to order such repairs and improvements to the streets, and the construction and repairs of such culverts or sewers of the city as the said commissioners may think should be ordered by the council. No order for any such repairs, improvements or construction, not so recommended by the commissioners of streets generally, attested as aforesaid, shall be passed by the council, unless by a vote of two-thirds of the members present. 5. The three commissioners of streets for each ward, or a majority of them, shall, as soon after their appointment as practicable, view the streets and public alleys in or bounding their several wards, and note such repairs and improvements in the same as they, or a majority of them, may deem necessary. The said ward commissioners, or a majority of them, may ordersuch repairs and improvementsin the streets and public alleys of their respective wards as they or a majority of them shall think proper, and may direct the superintendent of streets to cause the same to be made under their direction, provided that the sum paid for such repairs and improvements, for the first and second wards, shall not exceed the rate of one hundred dollars per month, and for the third ward, one hundred and fifty dollars per month in any one year; and provided, also, that there shall not be paid in any one month, for such repairs and improvements, STREETS. 165 a sum exceeding one hundred and. fifty dollars, with the addition thereto of such sum as might have been expended under this section, in the previous months of the same year, but which was not expended. 6. Every order by the commissioners of streets of a ward, for the execution of work, shall be in writing, and signed by them, or a majority of them, and it shall be recorded by the superintendent of streets, and the record thereof read by him to the commissioners of streets generally at their next meeting. 7. Contracts for any culvert, bridge or masonry, shall be made and signed by the engineer upon being authorized by the commissioners of streets generally. And contracts for grading or filling up streets; for paving or repairing streets or side walks; for putting down curbstone or stone crossings, and the like, shall be made and signed by the superintendent of streets, upon being authorized by the commissioners of streets generally, or the commissioners of streets for the ward, when these last have authority to act. Every such contract shall contain such provisions for security of the city as the commissioners authorizing it may direct; and no payment shall be made on any such contract until it is filed with the chamberlain. 8. Work contracted for shall be superintended by the officer who makes the contract for it. Whether contracted for or not, the officer having to superintend it shall take care that it conforms to the established grade, and is in all respects properly executed. He shall especially take care that every drain, gutter or culvert, the making of which is under his superintendence, be so made that no obstruction shall exist in any part thereof to the passage of water, or any other thing intended to flow therein, nor any nuisance arise from the manner of its construction. 9. So much as is payable for work done on any contract authorized by the commissioners of streets generally, shall be paid upon a draft on the auditor stating the amount to 166 POLICE. be paid, and for what, which draft shall be on the back of an estimate made by the engineer or superintendent of streets, as the case may be, and shall be signed by the chairman of said commissioners, after examining and approving said estimate. So much of the work done by order of the commissioners of streets for any ward, shall be paid upon a draft on the auditor, signed by the chairman or a majority of the commissioners for a ward, which draft shall be upon the back of an estimate made by the superintendent of streets or engineer, as the case may be, stating the amount, and for what. Whatever else is payable for anything the commissioners of streets generally are authorized to have done, shall be paid on a draft signed by the chairman of said commissioners, and attested by the secretary; Provided, however, That there shall not be. paid by the auditor, under this section, more than forty thousand dollars during any fiscal year; unless at the end of any fiscal year, there shall appear to be a surplus from the revenue of the said year, after setting apart the sinking fund required by the charter, and paying whatever else is required within such year for other purposes than the redemption of the principal of the certificates of permanent debt, in which case the council, by resolution may, for the year next after that in which there is such surplus, make an addition to the said forty thousand dollars of such sum as it deems expedient, not exceeding the amount of such surplus. 10. The engineer shall report to the commissioners of streets generally, and the said commissioners to the council, such grade or grades of the streets and public alleys of the city as have been, or in his opinion, or in the opinion of said commissioners, ought to be established, with such profiles thereof as may be deemed proper by himself, or as he may be directed by said commissioners to make. The council may act on the grade of such part of a street or alley as is reported by said commissioners, and may establish for such part whatever grade it may deem proper. No grade so STREETS. i 6X7 established shall afterwards be altered, unless directed by the council, after a previous report from the commissioners of streets generally in respect to its expediency. Any person intending hereafter to build or erect any house or other structure upon the line of any street or public alley, shall first obtain from the engineer of the city, or in his absence or inability to act, from the superintendent of streets, a cer-. tificate in writing of the line and adopted grade of such street at the place where such house or structure is to be erected; and it shall be the duty of the engineer or superinterdent of streets to file in the chamberlain's office a duplicate of the said certificate. If any person shall hereafter build or erect, or attempt to build or erect, any house or other structure upon the line of any such street or alley, without having first obtained such certificate, he shall be fined not less than five nor more than twenty dollars. 11. To designate the corners, widths, lines, and the established grades of streets, there shall be put or erected stones or posts at such place or places as the commissioners of streets generally may direct for that purpose. 12. The superintendent of streets, or if he refuse the commissioners of streets generally, may, by writing, grant permission to any person to make from his lot a connection directly with any culvert or sewer which has been or shall be constructed at the expense of the city, or a connection indirectly therewith, through or by means of any culvert of a party having direct connection with a culvert or sewer constructed at the expense of the city. 13. Persons applying for leave to enter a culvert shall file with the said superintendent or commissioners of streets generally, a statement in writing, setting forth on which and between what streets they wish to connect with a culvert or sewer, and on which and between what streets their respective houses front, and the number of feet that the house of each applicant fronts on said street. If the permission be granted, the said statement, with such permission, shall 168 POLICE. be filed with the chamberlain. Such permission shall be of no effect until the applicant shall pay to the chamberlain one dollar and twenty-five cents for every foot that his house fronts, as aforesaid, unless the distance from the point of connection with his house to the point of connection with the culvert or sewer of the city be as much as one side of a square; and if the said distance be that much, then one dollar, unless the said distance be as much as two sides of a square; and if the said distance shall be that much, then seventy-five cents, Any person who, without obtaining such permission and making such payment shall make, or have any such connection as is mentioned in the next preceding section, shall pay a fine of not less than five nor more than twenty dollars; and every ten days that such connection shall continue without such permission shall be a distinct offence. 14, When a person obtains such permission, and makes such payment, he shall make his connection of brick, stone or iron, in a substantial, safe and workmanlike manner, and so make it as to do no injury to the water or gas pipes of the city. His connection with a culvert or sewer of the city shall be made at such point and in such manner as the superintendent of streets may direct; and the person making it shall forthwith, after it is made, cover the culvert or sewer with earth, as it was before the connection, and in ten days after the connection, shall have such pavement or curbstone as was injured or removed (to make such connection) so repaired or restored as to be in as good order as it was before. Any person failing to comply with this section in any respect, shall pay a fine of not less than five nor more than twenty dollars; and every ten days that such failure shall continue shall be a distinct offence. 15. If a person shall, either in a street or upon a lot, put any stone, brick or other solid thing, into any culvert or sewer, or shall in any way whatever injure, impair or ob STREETS. 169 struct any culvert or sewer, or a fixture thereof, he shall pay a fine of not less than five nor more than twenty dollars. 16. Except where it is or may be otherwise specially provided, upon each side of every street, which is thirty feet wide or more, there shall be a sidewalk of the following width, to wit: five feet, if the street be less than forty feet wide; seven feet, if it be forty and less than fifty feet wide; twelve feet, if it be sixty and less than one hundred feet; and eighteen feet, if it be one hundred feet wide or more: Provided, that where a curbstone, or a side walk, has already been laid down, the same may remain, unless altered by a resolution of the council. 17. Doors to a cellar shall not extend on a side walk more than five feet; and whenever a cellar door is made or repaired (whether the cellar be old or new) the construction thereof shall be such that the door or doors, when closed, shall be level with the side walk. On a street less than fifty feet wide, there shall not be used any part of the side walk as an entrance to a cellar, unless by resolution of the council, and then the doors shall be so made, and kept in such manner as the resolution may prescribe. 18. The commissioners of streets for the ward in which a vault is desired under a street, may, by writing, grant. permission to a person to have the same made; and the person obtaining the permission shall file the same with the superintendent of streets within ten days. Such person shall have it made with a substantial brick or stone arch, which shall extend in the street from the front wall of the house before which the vault is, no further than two feet six inches from where the inner edge of the curbstone is, or will be when laid down. The openings to the vault shall not be more than eighteen inches in diameter, and shall be near the said line, unless, in the opinion of the superintendent of streets, that is impracticable. It shall be level with the side walk, as it then is, but may afterwards be removed, if necessary, when the grade of the street is established or 22 170 POLICE. changed. It shall be secured with a cast iron covering, fixed in solid frame of stone or iron, so laid that the upper part of the frame shall be as nearly level with the pavement as it can be, consistently with the turning the water from the opening; and it shall be secured with such bolt or weight as the superintendent of streets may direct; and the person obtaining permission to make a vault shall have the same completed, under the direction of the superintendent of streets, within thirty days, unless further time is allowed by the commissioners for the ward. 19. If any cellar or vault heretofore made, conform neither with this ordinance, nor with the ordinances in force at the time of the passage hereof, or if' hereafter, when a cellar or vault is made or repaired, the same be not such as is required by this ordinance, the owner of the house to which the cellar or vault is attached, shall pay a fine of not less than five, nor more than twenty dollars; and every day that the cellar or vault shall not be as hereby required, shall be a distinct offence. And if the occupier of a house to which a vault is attached suffer the same to be open or unfastened at any time other than when it is opened for putting somethino therein, or shall then suffer it to be open or unfastened longer than is absolutely necessary for that purpose, or if the owner or occupier of a house to which a vault or cellar is attached, shall fail, in any respect, to keep in safe and proper order the opening to such vault, or the doors to such cellar, (whether made heretofore or hereafter,) he shall pay a like fine. The suffering a vault to be opened or unfastened, as aforesaid, or the failure to keep in safe and proper order such opening or doors, shall be deemed a distinct offence each day or night thereof. 20. A side walk on any street whereof the carriage-way has been, or shall be, paved in whole or in part, may be paved in whole or in part, (though a side walk on such street shall have been paved in whole or in part by the owner or otherwise,) or if the whole or any part thereof require re STREETS. 171 paving, it may be re-paved in whole or in part, with good paving brick, by order of the commissioners of streets fbr the ward in which such side walk is. But the expense of the paving done under this section, in thel first and second wards, shall not, in any one fiscal year, exceed one thousand dollars, and in the third ward fifteen hundred dollars. 21. The commissioners of streets for any ward may order any side walk in such ward, where the carriage-way is not all paved, to be paved to the extent of four feet of the width of the side walk; and when such four feet shall have been paved, may, at any time, order the same to be re-paved or repaired; and upon such order, the superintendent of streets shall cause the work to be done, and the auditor shall pay therefor. Provided, that the sum paid under thiis section for the first and second wards, shall not, in any one fiscal year, exceed five hundred dollars, and in the third ward seven hundred and fifty dollars. 22. When the proprietor of a lot adjoining a side walk shall hereafter, at his own cost, pave such side walk, or put down curbstone thereupon, in the manner approved by the commissioners of streets generally, a draft may, at such time as hereinafter mentioned, be drawn in favor of such proprietor, by the chairman of said commissioners, and the auditor, on such draft, shall pay him such sum as may appear by an estimate of the superintendent of streets, thereto annexed, to be at the date of said draft, the fair value to the city of said curbstone, and of said pavement. The draft on account of the pavement shall not be drawn until the curbstone is put down, or the side walk paved on so much of the length of the street on which the side walk is, as is between the two nearest intersecting streets; and the commissioners of streets for the ward shall authorize the same to be drawn. What is paid under this section, and the twentieth and twenty first sections of this ordinance, in any fiscal year, for pavement in any one ward, shall not, altogether, exceed the 172 POLICE. amount allowed by the said twentieth and twenty-first sections. 23. At the intersections of streets of which the side walks are paved with brick, the superintendent of streets shall, under the directions of the commissioners of streets for the ward, cause to be paved with granite flag-stone, well imbedded in sand, suitable crossings to connect with the brick pavement. Any person desiring to cross any side walk to enter any private alley, on his or her premises, shall first obtain permrission so to do from the commissioners of' streets of the ward in which said property lies, and shall pave the side walk with granite flag stone, and shall cause the curbing to be placed upon a level with the top of the gutter. No person shall be allowed to place a bridge, or any other obstruction in or over any paved gutter. 24. Upon every street of thirty feet wide or more, where alleys are opened, or carriage houses or stables erected in such manner as to make it necessary to cross the side walk with horses or vehicles, there shall be placed at such alley, or in front of the entrance to such lot, stable or carriagehouse, by the owner or occupier of the property, suitable flag-stone crossings of the width of the brick pavement on said street. 25. When such use is made of the side walk, and the owner or occupier of the lot or premises neglects to have such flag-stone crossings so placed, the commissioners of streets for the ward in which such lot or premises is, may, in writing, direct the superintendent of streets to cause the work to be executed; and unless the cost thereof be paid by the owner or occupier of the lot or premises, the superintendent of streets shall, annually, between the first day of February and the first day of June of each year, report, in writing, the respective amounts wherewith the owners are respectively chargeable, to the assessor for the city, who shall, on the property in respect to which the owner is chargeable, STREETS. 173 assess, (in addition to the other taxes thereon,) for the year in which he receives such report, the amount with which such owner is reported chargeable. 26. When a person, by reason of an office under, or contract with the city, has to do work in a street or public alley, or on any property of the city, there may be put by him such things for such time, and in so much of said street or alley, or of a street or alley convenient to said property, as may be authorized by a resolution of the council, or of the commissioners of streets generally, or by the commissioners of streets for the ward wherein that part of the street or alley is; but no such resolution of' the commissioners of streets generally shall avail to give such authority, any further than may be consistent with a resolution of the council and no such resolution of commissioners of streets for a ward shall avail to give such authority, any further than may be consistent with a, resolution of the council, or of the commissioners of streets generally. And whenever any person shall be engaged in digging a ditch, or sinking a pit, in any street or public alley, he shall place barriers sufficient to prevent a person or animal from falling in such ditch or pit; and at night, unless the street or alley immediately adjacent thereto be lighted with gas lamps, shall place a light near such ditch or pit. If he fail so to place such barriers and light, he shall pay a fine of not less than five nor more than twenty dollars; and every night on which the failure continues shall be a distinct offence. 27. Any person engaged or about to be engaged in building, repairing, excavating, or making any improvements on a house or lot on which materials are to be used, or fron which they are to be removed, may deposit materials in that part of the street or public alley opposite his premises, on so much of the carriage way as does not exceed one-half the width thereof, so that the use of the gutter be not obstructed. But where two persons are building or making other improvements hereby authorized opposite each other 74 POLICE. on the same street, each shall occupy but one-fourth of the street. And no such deposite of materials shall be made in a street so as to obstruct improvements which the city is making in said street. The commissioners of streets fr the ward in which such premises are may, on being satisfied of the necessity thereof, grant a special l)ermit in writing, authorizing such materials to be deposited in a part of said street or alley opposite another's premises, on so much of the carriage-way as aforesaid, or may authorize the deposite to commence earlier or continue longer than is hereinafter provided. But except by such permission, the deposite shall not be made in any case of small repairs more than one day, nor in other cases more than three days before the work is commenced; and the remains shall be cleanly removed, in case of small repairs, by the end of' the first day, and in other cases by the end of the third day next after that on which the work is finished. And a person engaged in repairing a roof, wall or chimney of a house on a street or public alley, shall place barriers sufficient to warn a foot passenger against passing such roof, wall or chimney. If he fail to place the same he shall pay a fine of five dollars, and every day on which the failure continues shall be a distinct offence. In no case shall a side walk or paved gutter be obstructed under this section, unless it be actually necessary for placing such barriers, or for the execution of the v ork. 28. A merchant may, in front of his place of business, occupy with his goods one-half of the side walk, but no more; but he shall not suspend his goods so that the same shall extend from the front of his house more than one foot towards the street, under a penalty of not less than one nor more than five dollars for each offence. And when a merchant or other person, after doing business on a street or public alley, decline such business and sells by auction his stock of goods; or when the property of a decedent, who at the time of his death was a resident of the city of Rich STREETS. 175 mond or county of Henrico, is sold by his representative; or when property is sold under a deed of trust thereon, made by a person who at the time of executing said deed was such a resident; or when property is levied on in said city or county, and sold therein by an officer under a warrant of distress, execution or other legal process; or when property is sold under the judgment or decree of a court or magistrate, there may, on the day of sale, be occupied with such goods or property half of the side walk and a third of the carriage-way adjacent to the house or other place of such sale. And when at the dock or a wharf an auctioneer sells a cargo, half of the side walk and a third of the carriageway adjacent thereto may be occupied with such cargo for three days and no more, unless the sale be necessarily postponed because of the weather, in which case the sale shall be within three days after the cause for such postponement shall cease; and the occupation be no longer than half an hour after sunset of the day on which the sale is made. If an auctioneer, or any person in his employment, sell or offer for sale at auction any personal property in any part (either of the side walk or carriage way,) of a street or public alley when he is not authorized by this section, he shall, for every slave sold or offered for sale by him at such auction, pay a fine of twenty dollars, and for each other article there offered for sale by him pay a fine of ten dollars. 29. Every person occupying a house or lot shall, as far as such lot extends, cause the paved gutter or drain in a street or any public alley opposite thereto, to be constantly kept open and free from obstruction; and if he fail so to do may be fined not less than one dollar nor more than ten dollars; and for each day after the first that such obstruction remains shall be fined not less than two nor more than twenty dollars. 30. Any person may carry from his lot or put in a street or public alley, on any part of the carriage way nearest to the gutter or drain, ashes, dirt or rubbish; provided, the 176 POLICE. same be free from offensive matter, and be removed by him. from said street or alley within twenty-four hours; or if a commissioner of streets for the ward in which the said lot is shall, in writing, allow a longer time for the removal, then within such time as may be so allowed. 31. If any filth, rubbish, ashes, dirt or other things be carried from a lot or other place and put in a street or public alley, or if any nuisance or obstruction be put or caused to be put or remain therein, in any case in which it is not authorized by this ordinance, the person who so puts or causes it to be so put, or is in fault in respect to its remaining shall, for any such offence, be fined not less than one nor more than ten dollars; and for each day after the first that the same is upon the street or alley, shall be fined not less than two nor more than twenty dollars. In construing this ordinance; no article taken from or to be shipped on board of, or to be used in or about a vessel in the dock, and deposited in the street not more than thirty feet from the northern margin of the eock, shall be deemed a nuisance or obstruction; provided the same be removed within twentyfour hours from and after sunrise of the day next succeeding that on which it was deposited. Nor shall any machine, car or other vehicle of a railroad company placed upon its railroad or rail track in a street, be deemed such a nuisance or obstruction, unless the said machine, car or other vehicle, remain in the street upon a railroad or track longer than is necessary to deliver its contents, or longer than is necessary to enable the company's train to bemade up, or unless it stops upon the crossing of a street. But any awning, supported in whole or in part by posts sunk in or resting upon a side walk, and any awning of any kind whatever remaining at night in or over a side walk or any other part of a street, and any awning post of any kind, or any part of the frame thereof less than eight feet above the side walk, shall be taken and deemed a nuisance; provided, that no person now having wooden posts to support his awning shall be STREETS. 17 required to take them down until it is necessary to repair or renew the same, when the renewal or repairs thereof shall be made or done in conformity with this ordinance. 32. Every person occupying a house or lot on a street or public alley upon which, on that half of the street or alley next to and opposite his house or lot, any filth, rubbish, ashes, dirt, stones, or other thing, or any nuisance or obstruction is put or suffered to remain in any case not authorized by this ordinance, shall forthwith remove the same, or give information thereof to the superintendent of streets, the overseer of the city hands, or to one of the officers of police. And if twelve hours elapse without such removal or information, he may be fined, not exceeding ten dollars, and each day that elapses without such removal or information shall be a distinct offence. 33. If any engine, car or other vehicle, be drawn or propelled upon a railroad or rail track in a street, at a greater rate than four miles an hour, the person who does it or causes it to be done, or assists in doing it or causing it to be done, shall pay a fine of ten dollars. Every locomotive engine put or placed upon any railroad or rail track in this city, shall have attached thereto a bell of thirty pounds weight at least, and such bell shall be rung whenever the said engine is about to pass the crossing of any two streets, and shall continue ringing until such engine shall have passed such crossing; and if any such engine shall pass across any street in this city without first ringing and continuing to ring said bell, in manner aforesaid, the owner of said engine, as well as the person then having the control, conduct and management thereof, shall each be fined not less than five nor more than twenty dollars. And if any person shall blow, sound or use, or cause to be blown, sounded or used, by means of or with steam, any whistle or other thing upon any public street or alley, he shall be fined not less than five nor more than twenty dollars. 34. If any owner or driver of a wagon, dray or cart, 23 178 POLICE. whether licensed or not, shall permit the horses, mules or other animals by which the same is drawn, to go in a street or public alley faster than a walk, or to be fed therein; or if any person run a horse race, or cause the same to be run, or shall ride or drive a horse at a greater speed than six miles an hour, in any public street or alley, he shall be fined not less than two nor more than twenty dollars. 35. No person shall tie or otherwise fasten a horse or mule upon any part of a side walk, or to any post, railing or other fixture sunk into or attached to, or over, any part of a side walk, whether on a paved street or not; and on no part of it shall a person lead or ride a horse or mule, or drive a wagon, dray, cart or other vehicle, unless across such part thereof as is or shall be at the time paved with flagging. Any free person violating this section shall, for each offence, be fined not less than two nor more than ten dollars. 36. If any owner or driver of a wagon, whether licensed or not, shall in a street or public alley which is paved, drive such wagon with a wheel locked, or-if any owner or driver of any wagon, hack, dray or cart, whether licensed or not, shall wantonly crack his whip, to the annoyance of others, or suffer his vehicle, when not receiving or discharging a load, to pass or stand upon a street or public alley without holding the reins in his hands, every such offender shall for each offence pay a fine of not less than two nor more than twenty dollars. 37. Any driver of a vehicle meeting any other vehicle in a street or public alley, shall seasonably drive to the right hand, so that each may pass the other without interference. And when in a street or public alley a vehicle is overtaken by any other vehicle, the driver of the former shall bear to the left, until the latter shall have passed. In no instance shall a driver of a carriage, wagon, dray or cart, stop the same in the middle of a street or public alley, or opposite to an intersecting street or alley, or upon any granite crossing; but he shall always stop the same as, near to the side walk STREETS. 79 as he can without being on it, or in the gutter. A driver violating this section in any respect shall, for each offence, pay a fine of not less than one nor more than ten dollars; and if a slave, may be punished by stripes. 38. Any officer of the police of the city may order any vehicle standing in the street to be removed, as may seem to him most convenient for persons passing by. If a driver shall fail to obey such order, the owner of the vehicle shall pay a fine of five dollars; and if the driver be a slave he may be punished by stripes. 39. For any offence against the 34th, 35th, 36th, 37th or 38th sections of this ordinance, comnmitted in the presence of any police officer of the city, he may arrest the offender and take him forthwith before the mayor, or some other justice of the peace. Such officer may pay twenty-five cents for the safe keeping of the vehicle or animal during the absence of the driver or owner, and what is so paid shall be included in the costs, if any, recovered against the offender. A negro guilty of any offence mentioned in either of the said sections, may be punished by stripes. 40. If any person engaged in any military exercise shall fire or discharge, in any street or public alley of this city, any cannon, gun, pistol or any other fire arms, except on the fourth of' July, the twenty-second of February, and the nineteenth day of October, or at a military burial, or some extraordinary occasion allowed by the mayor, (and by him notified through the newspapers, or by posting hand bills, or otherwise,) or if any person shall, in any street or public alley, in said city, play at bandy or throw snow balls, stones, or other missiles, or discharge arrows from a bow or crossbow, or blow a horn, he shall be fined not less than one nor more than ten dollars. 41. If any person shall place, or in any manner use, upon the side walk of any public street or alley, the carriage-way whereof is paved, any wheelbarrow, hand carriage, hand cart, or sled, or shall skate thereon, he shall pay a fine of 180 POLICE. not less than one nor more than ten dollars. But nothing in this section contained shall prevent any person from passing, with such hand carriage or cart, across the side walk of a street from or to a house or lot, from such street or alley, nor prevent the use on a side walk of a hand carriage to ride or carry infant children. 42. Annually, at the stated meeting of the council, in the month of December, or as soon thereafter as practicable, there shall be appointed by the council an engineer of the city, and an overseer of city hands. 43. The engineer shall make a survey and plan of the city, showing distinctly each lot, and the size and number thereof; according to the orignal plan, each public street and alley, and the width thereof, with such explanations as may be directed by the council. And in laying down the lines of lots, streets and alleys, he shall have reference to the actual lines thereof, in all cases in which they have been built upon or laid out, as at present, for the last twenty years. And he shall also lay down on said plan the original lines of said lots, streets and alleys, where the same can be ascertained. The said survey and plan shall be returned by the engineer to the council; and if approved by the council, it shall be enrolled among their proceedings, and afterwards recorded in the clerk's office of the hustings court. But said survey and plan shall not be finally approved by the council until the same shall have been returned, as herein directed, for twelve months. 44. The engineer shall make surveys, plans and estimates of culverts, or other work of any kind whatever to be done in the city, whenever required by the commissioners of streets generally, or by the council. He shall also be the architect and draftsman of the city, and in respect to buildings and other improvements, make such plans, specifications and estimates as the council may require, and do, in relation thereto, whatever else it may direct. He shall also comply with all directions or orders given to him by the STREETS. 181 commissioners of streets generally, or by any other standing committee of the council connected with or in relation to any public work or property of the city under their charge requiring, in the opinion of such committee, the skill of an engineer, architect or draftsman. 45. The superintendent of streets shall attend the meetings of the commissioners of streets generally, and shall act as their secretary, and keep a record of their proceedings. He shall make such surveys, plans and estimates as he may be required to make by the commissioners of streets for a ward, and shall also do the same at any time, whenever required by the council, or by the commissioners of streets generally, and shall perform any other duty connected with his office, whenever required by the commissioners of streets generally, or for a ward, or by any standing committee of the council. 46. The superintendent of streets shall explore the streets and public alleys throughout the city as often as practicable, and report to the council all encroachments upon any of them. He shall also report promptly to the mayor of the city, any obstruction in or upon any street or public alley, coming under his observation. Subject to the control and under the direction of the said superintendent, the overseer of the city hands shall have holes filled up, crossings, drains and gutters kept clean, and all parts of the streets and public alleys kept in good order; and shall also have made such of the repairs and improvements of the streets and alleys ordered by the commissioners of streets for the ward, or by the commissioners of streets generally, as may be contracted for. The superintendent shall see that the overseer performs these duties in a proper manner, observing himself the directions of the commissioners of streets for the ward in which the work is done, so far as it may be practicable to do so, without neglecting what is required of him by the commissioners of streets generally, or by the council. 47. It shall be the duty of the respective superintendents 182 POLICE. of the water and gas works, to report in writing at least once in two weeks to the superintendent of streets, all pavements, whether of stone or brick, taken up by either of them for the purpose of laying and repairing water and gas pipes, or any fixture or other thing in connection therewith; and upon such report it shall be the duty of the superintendent of streets to proceed as early as practicable to cause the said pavements to be replaced, so that the replacing thereof shall be completed within fifteen days after such report. 48. Annually, as soon as practicable after the last day of February, the engineer and superintendent of streets shall respectively make to the commissioners of streets generally, reports of their respective operations during the preceding fiscal year. The engineer's report shall show the aggregate amount paid during the year on his estimates; how much of said amount was in each ward under his superintendence, the condition of said works, and what will have to be paid on or before the completion; and shall contain such suggestions as he may deem proper in regard to the further improvement of the city. The superintendent's report shall show the aggregate amount paid during said year in his department, showing separately the amount under each of the following heads, to wit: 1. Hire of hands. 2. Their food, clothing and lodging. 3. Purchase of horses and mules. 4. Stablage and provender. 5. Carts. 6. Tools. 7. Other materials. The report shall set forth what has been done for said aggregate amount; what work has been done in said year under his superintendence, on contracts; showing separately as to each ward, the amount paid for work contracted for in said ward. It shall also show the condition of any work contracted for under his superintend dence and not completed, and contain such suggestions as he may deem proper, in regard to the keeping in order the streets and alleys of the city, which report the said commissioners shall examine and return to the council, with such remarks as they may deem proper. STREETS. 183 49. The commissioners of streets generally may allow a reasonable compensation for such chain carriers, books and implements as they may authorize to be employed or procured at the request of the engineer or the superintendent of streets; and the same shall be paid for, upon the draft of the engineer or superintendent, as the case may be, countelsigned by the chairman of the commissioners of streets generally. 50. The council shall designate a room or rooms in some building owned by the city, to be used as the office of the engineer and of the superintendent of streets. And each of them shall systematically arrange and keep in a fire-proof safe in the room designated for him, the papers of his office not otherwise provided for. Except when leave of absence is granted him by the commissioners of streets generally, the superintendent of streets shall, on every day except Sunday, the fourth of July and Christmas day, be in his office from eight to nine o'clock in the morning, between the first of April and the first of October, and from nine to ten o'clock in the morning during the rest of the year. 51. The salary of the engineer shall be at the rate of eighteen hundred dollars, and that of the superintendent of streets at the rate of eighteen hundred dollars, a year, payable quarterly, and that of the overseer of the city hands shall be such sum as may be prescribed from time to time by resolution of the council. Neither of said officers shall hold more than one of said offices; neither of them shall perform any services for compensation during office hours, other than those performed for the city; and the salary of each shall be his whole compensation for his services to the city. 184 POLICE, WAGONS, DRAYS, CARTS AND HACKS. AN ORDINANCE CONCERNING WAGONS. DRAYS. CARTS, AND OTHER WHEEL CARRIAGES. 1. What carriages keptfor hire, ownersl 9. Penalty for hauling coal without certo take license. tificate. 2. Tax on carriages kept for hire. 10. If size of cart lessened after inspec3. License on wagon, dray and cart tion, license forfeited. employed on street by owner. Tax 11. Rate of charges for transportation on thereon. licensed wagon, &c. 4. Licensed vehicles to have initials of 12. What shall be a load. owner's name, and number of ve- 13. Rates of charges for hacks, &c. hicle. 14. Copy of plan of city and of rates to 5. Penalty for keeping vehicle for hire be furnished owners of licensed vewithout license, initials and number. hicles. 6. Licenses may be transferred. 15. Copy of plan and rates to be kept by 7. Coal and dirt carts to be tight. driver, and shown when required. 8. Inspector of carts, &c., employed to 16. Driver or owner refusing to take haul coal-his duties. passenger, to be fined. 1. Be it ordained by the council of the city of Richmond, That no wagon, dray or cart, nor any hack or other wheel carriage shall be kept or employed in said city, for hire, directly or indirectly, unless the owner or keeper thereof obtain a license therefor, as thereinafter mentioned. The time for which the license is issued shall be until the first day of February next following the date thereof. Before such license is issued, the applicant shall give bond, in the sum of three hundred dollars, payable to the city of Richmond, with surety approved by the chamberlain, conditioned that there shall be faithfully transported and delivered all articles entrusted to the owner, keeper or driver of any such vehicle during the term of the license, and all persons lawfully taken in or upon the same during the said term and conditioned, also, that no slave shall ride or be carried in or upon the same during said term, without the written consent of his owner, or the guardian or committee of the owner. On every such bond suits may be brought, from time to time, in the name of the city, for the benefit of any WAGONS, DRAYS, CARTS AND HACKS. 185 person injured by any breach of the condition, as often as any such breach may be alleged, until damages shall be recovered for such breaches equal to the penalty of the bond. 2. Before issuing such license, there shall be paid to the chamberlain the following tax, to wit: Six dollars, if it be a cart, dray or wagon, drawn by one mule or horse; nine dollars, if drawn by two horses or mules; twelve dollars, if drawn by three horses or mules, and twenty dollars, if drawn by four horses or mules, unless the body of the dray or wagon, drawn as last aforesaid, be on eliptic springs, or on wheels with tires not less than four inches wide, then the tax shall be seventeen dollars and fifty cents. If it be a hack or any other wheel carriage than those above named, there shall be paid to the chamberlain twelve dollars and fifty cents before such license is issued. And the chamberlain may issue licenses to the owners of such carts, drays, wagons, and other wheeled carriages for the unexpired portion of the year, at a ratable proportion of the price, provided that the same shall not be less than for a license for three months. But no such license shall be issued to any coal cart until the owner of the cart shall produce a certificate from the inspector of carts, as provided in the eighth section of this ordinance. 3. A license shall be taken out by the owner of every wagon, dray or cart which is employed on any street of this city, in the business or for the benefit of such owner, unless the same be employed exclusively in transporting fuel, provisions, manure, or other thing to be used at the owner's dwelling or farm. The tax on a wagon, dray or cart employed in hauling coal, lumber, iron, wheat, corn, flour, tobacco, plaster, stone, brick or sand, in the course of the owner's business, shall be the same as would be paid on such vehicle if a license were obtained therefor under the 2d section. The tax in every other case embraced by this section shall be ten dollars, except that the tax shall be only six 24 186 POLICE. dollars on any vehicle drawn by one horse or mule employed exclusively for the benefit of the owner, or without charge to the public, or any cart drawn by one horse or mule employed exclusively in hauling dirt. And said tax shall be paid to the chamberlain when the license is obtained, and no other tax shall be imposed on any article enumerated in the two preceding sections. 4. The owner or keeper of every licensed vehicle shall have painted thereon its number and the initials of its owner's name, in not less than one and one-half inch figures and letters, so that the same may be easily read. The same shall be painted, if the vehicle be a dray, on each shaft; and if it be not a dray, on each side, unless the sides be Inovealble, in which case it shall be painted on the frame on each side; and if a hack or other licensed vehicle for the transportation of passengers, on some conspicuous place on each side of said vehicle. 5. Any person who shall keep or employ in this city for hire a wagon, dray, cart or any other wheeled carriage whatever, without obtaining a license therefor, or who shall fail to have the number and initials painted thereon, as required by this ordinance, shall pay for every such offence a fine of not less than five nor more than twenty dollars, and each day that the same shall be so kept or employed, shall be a distinct and separate offence. And if the owner, keeper or driver of any hack or other licensed vehicle kept for the transportation of passengers shall suffer any slave to ride or be carried in or upon the same during the term for which the said hack or other vehicle is licensed, without the written consent of the owner, or of the person having lawfully the control of such slave, he shall, if a white man, be fined not less than one nor more than twenty dollars; or if the owner or driver thereof be a free negro or slave, he may, in lieu of the said fine, be punished by stripes, not exceeding thirty-nine. 6. The unexpired term of any license granted under this WAGONS, DRAYS, CARTS AND HACKS. 187 ordinance may be transferred, by assignment on the back thereof, signed with the proper hand and name of the person to whom issued; and thereupon the assignee of such license shall execute the like bond as was required of and given by the assignor on his obtaining said license; and then a new license shall be issued to the assignee for the unexpired term of said license, who shall cause the initials of his name and the number of the said vehicle to be painted thereon, in the same manner and under the same penalty for failing so to do, as he would be had the original license been granted to him. And if the said license so transferred be for a hack or other vehicle for the transportation of passengers, the transferee, owner, keeperr driver thereof shall be subject to the same pains and penalty for suffering a slave to ride or be carried therein contrary to the fifth section of this ordinance, as he would be had the original license been granted to the transferee, keeper or owner thereof. 7. Whether a vehicle be licensed or not, neither coal nor dirt shall be transported therein, unless it be so tight and have such a tail-board thereon as will prevent the waste of the coal or dirt. For every violation of this section, there shall be a fine of five dollars. 8. The council shall annually in the month of December, or as soon thereafter as convenient, appoint an inspector of coal carts, wagons and other vehicles employed in transporting coal or coke; and when applied to for that purpose, shall examine any such cart, wagon or other vehicle; and if on examination le find himself justified in doing so, he shall give a certificate that the vehicle is tight and in proper order to prevent the waste of coal or coke; and if it be a cart, that it contains twenty-five bushels when not loaded above, but levelled to the mark of full measure or loading, and is made according to the model furnished by the council, and is of equal workmanship thereto, in point of efilciency; and if it be not a cart, but a wagon or other vehicle, that it conform as near' as may be to said model. The said 188 POLICE. inspector shall have the custody of the model carts, and keep the same in good order. The said inspector shall be paid twenty-five cents for each certificate. 9. If any coke or coal be transported on a street or public alley in a cart, wagon or other vehicle, (laden therewith in this city,) without such certificate as is mentioned in the preceding section having been obtained in respect to such cart, wagon or vehicle, the owner or keeper of such cart, wagon or other vehicle shall, unless the coal or coke be transported for his domestic consumption, pay for every such offence a fine of five dollars. And if coal or coke be wasted on a street or public alley from a cart, wagon or other vehicle, whether it be anthracite coal or not, and whether it be transported for consumption or not, the owner or keeper of such wagon, cart or other vehicle shall, for every such offence, pay a fine of five dollars. 10. The inspector may at any time examine any cart, wagon or other vehicle, in respect to which such certificate may have been obtained, and if on such examination he shall ascertain that its size has been lessened, so as not to contain the proper quantity when levelled to the mark of full measure or loading, he shall report the fact to the chamberlain; and thenceforth the license for such cart, wagon or other vehicle shall be deemed forfeited, and the owner or keeper thereof shall, moreover, be fined not less than ten nor more than twenty dollars. 11. Unless before a load is taken on a licensed wagon, dray or cart, there be a different bargain as to the transportation thereof, the person for whom the load is carried shall be charged therefor no higher rates than are allowed by this ordinance; and he shall pay at these rates, or sign a ticket expressing the place from which and to which the load is to be carried. A person refusing so to pay, or sign such ticket, or the owner or keeper of a vehicle who, or whose driver, charges a higher rate, shall, for every such offence, pay a fine of not less than five nor more than twenty dollars. A WAGONS, DRAYS, CARTS AND HAOCKS 189 like fine shall be imposed on the owner or driver of a wagon, dray, cart or other vehicle, for the refusal of himself or his driver to carry a load or part of a load, upon the pretext that he is engaged; and when such engagement is denied, the burthen of proving it shall be upon the owner of the vehicle. But in such case the proper charge for carrying shall be paid, if required, before the load is delivered. The rates for a load on a wagon, dray or cart, shall be, for carrying it five squares or less, eighteen cents, and for each square over five one cent additional; except that when the distance is thirty or more squares, the charge shall be for twelve squares ten cents, and for each additional square two cents: and that for fuel, sand, brick and paving stones, the charge shall be, for ten squares twenty-five cents, and for each additional square one cent. The squares shall be counted on the most direct travelled route; the counting from square to square, under this or the thirteenth section, shall be with reference to the map prepared by Micajah Bates, mentioned in the first section of the charter of the city, or to such a reduced plan of that map as is hereinafter mentioned. Provided, however, where the load is taken from the wharf at Rocketts, the dock, or the basin, and is the cargo of a ship or boat landed there, and the person for whom the carrying is done has at the place a load for the wagon, cart or dray, employed in carrying said freight, if the goods of such person are carried on different vehicles, or on the same vehicle at different times, he shall only pay on such load a pro rata part of the charge authorized by this ordinance for a full load. 12. The load for which the said rates may be charged, may be as follows, to wit: Of tobacco, I hogshead; of flour, 7 barrels; of salt, 7 sacks; of sug~ar, 1 hogshead, or 6 barrels; of liquids, 1 hogshead, or I pipe, or 2 half pipes, or 2 tierces, or 5 barrels; of fish, 6 barrels; of wood, half a cord; of coal, coke or sand, 25 bushels; of brick or paving stone, the bulk of 25 bushels; of other articles, 1,650 pounds; in the case of furniture, chairs, boxes, paper or 190 POLICE,. light articles, the load shall be not according to weight, but according to bulk. When there is carried more than is hereby declared to be a load, there may be charged a proportionate rate for whatever is carried beyond such load: there shall not be carried on any public street or alley, in or upon a wagon, dray or cart, with wheels, the tires whereof are less than three inches wide, a greater weight than three thousand three hundred pounds: and no vehicle whatever, supported on wheels, shall, upon any public street or alley, carry a greater weight than three thousand three hundred pounds, unless the tires around the wheels thereof be, at the time, at least four inches wide, when such vehicle may carry the weight of four thousand five hundred pounds, and no more, unless the thing to be carried be a single piece of machinery, or other indivisible article. The owner or keeper of a dray, cart or wagon, in or upon which there is carried, in any public street or alley, a greater weight than is allowed by this ordinance, shall, for every such offence, be fined not less than ten nor more than twenty dollars. 13. There shall not be charged for the use of a hack or other wheeled carriage kept for hire, more than the following rates: For carrying a person therein not more than ten squares, 35 cents; for each additional square, 3 cents: provided, the whole charge for carrying one person to any part of the city shall not exceed 70O cents. The charge for carrying not more than four persons shall never, for the whole, exceed one dollar, unless more than an hour be employed, and shall then be only a dollar for the first hour, and at the rate of fifty cents per hour for each succeeding hour. INo charge shall be made for infants under three years of age in charge of another person. For carrying a person between nine o'clock at night and day-break, there may be charged double the above rates, and no more. For baggage, the charge shall be not more than 1.2 cents for each trunk carried outside, and nothing for any article carried inside, or for any carpet bag or basket. 14. Under the direction of the committee of police, the WAGONS, DRAYS, CARTS AND HACKS. 191 chamberlain shall have made from the map of the city, prepared by Micajah Bates, a reduced plan of the city, and copies thereof with printed copies of the rates allowed by this ordinance; those for wagons, drays and carts being separate from those for hacks and other wheeled carriages. A copy of such reduced plan, with a copy of the rates for the former or latter, as may be desired, shall be delivered by the chamberlain to every owner of a vehicle, or other person desiring it, upon his paying therefor 25 cents, which shall go to the credit of the city, to indemnify it for the expense of the engraving and printing. 15. A! copy of such reduced plan, with a copy of the rates for hacks and other wheeled carriages, shall be kept by the driver of every such hack or carriage, and he shall exhibit the same whenever called for by any person employing or using said hack or carriage. And if he shall fail to exhibit the same when so required, or if for carrying a person or baggage, there be charged more than is allowed by this ordinance, the owner or keeper of the vehicle, for every day of such failure, or for every time of such charge, shall be fined not less than five nor more than twenty dollars. 16. If any person, desiring the use of a hack or any public vehicle kept for the purpose of taking persons, for hire or compensation, from one place to another within this city, shall tender to the owner, keeper or driver of such hack or vehicle, whether the driver be a slave or not, the proper charge, according to the rates established by this ordinance, for the use and service thereof, as required, and the owner, keeper or driver shall fail or refuse to render the service so required, he shall be fined not less than ten nor more than twenty dollars, if a white person, and if a free negro or slave he may, at the discretion of the mayor or justice, be punished by stripes, not exceeding thirty-nine, unless the keeper, owner or driver of such hack or vehicle shall, upon summons or warrant, appear, and by proof show good cause to the contrary; and no prior engagement of the use or service of 192 POLICE. such hack or other public vehicle, shall be taken as good cause for such failure or refusal, unless, upon the trial of the offender, he shall make it manifestly appear with whom the prior engagement was made, and the place to which the said hack or such other vehicle was engaged to go, and that there was not, by the use of ordinary diligence, time to render both services. Provided, however, that between the hours of nine o'clock, P. M, and day light, when his horses are put up in his stable, he shall not be compelled to bring them out; but if he does consent to carry the person calling upon him, he shall do so at the rates fixed in this ordinance, under the penalty aforesaid. SALE OF WOOD. AN ORDINANCE CONCERNING THE SALE OF WOOD. 1. Venders of wood to have standards. 2. Who shall be inspector of wood Penalty for selling for more than carts. there is. 3. Police officers to report violations of the ordinance. 1. Be it ordained by the council of the city of Richmond, That every cart, dray or other vehicle, employed in hauling wood which may have been sold or offered for sale, by or on account of any retail vender of wood in this city, shall be furnished and provided with standards to such cart, dray, or other vehicle, which will hold a half-cord, or a cord. Any person transporting, or causing to be transported, wood so sold or for sale, in any cart, dray, or other vehicle, not furnished and provided with such standards, and any vender of wood by retail wilfully offering such wood for sale, or actually selling the same for a larger quantity than it is, shall forfeit and pay the sum of five dollars. Provided, however, that SALE OF WOOD. 193 any cart, dray or other vehicle, which is owned by the person who has purchased the wood for his own consumption, be excepted from the above provision; and that when a purchaser buys wood for his own consumption, and has it measured in his own presence, or in the presence of his agent, he may have it hauled in any manner, or in any sort of vehicle he may prefer. 2. The inspector of coal carts shall be the inspector of wood carts, and other vehicles authorized to haul wood under this ordinance; and upon application it shall be his duty to measure any such cart, or other vehicle, and the standards thereof; and if it be a cart or other vehicle that will hold a half-cord, or cord of wood, he shall, upon receiving a fee of twenty-five cents, give a certificate thereof. 3. It shall be the duty of the police officers, from time to time, to report all violations of this ordinance. NEGROES. AN ORDINANCE CONCERNING NEGROES. 1. Who are deemed negroes. 12. Not to organize secret societies or 2. Slave absent from home, how pun- attend them. ished. 13. Slave not to rent room or house. 3. What pass to designate, who to give 14. Slave not to hire himself out or board it, when to be endorsed. himself. Owner or hirer to provide 4. When fine may be instead of stripes. him with board, and give list of 6. Persons signing or endorsing pass slaves boarded to mayor. without authority, how punished. 15. Free negro not to permit slave to re6. When slave not to ride in hack or main on his lot, carriage. 16. Not to sell ardent spirits to slaves. 7. What places slaves not to walk in. 17. Free negroes to have copy of regis8. Where slaves not to smoke. ter. 9. Negro not to keep a cook-shop or 18. Not to be employed without copy of eating house. register. 10. Negro not to carry a cane at night. 19. Slave not to be hired without con11. Negroes standing or passing on side- sent of master, walks. 20. Negro to be punished for provoking 25 194 POLICE. language, gestures, or indecent ex- 24. What an unlawful assembly of neposure. groes about churches. 21. White person not to give or sell 25. What an unlawful assembly of neweapons to negro, Negro not to keep groes upon lot. them. 26. How negroes in such assembly ar22. Not to sell medicine to slave. Slave rested and punished. Personallowing or free negro not to administer med- such assembly fined. icine. 27. Persons beating, slaves, how pun23. Negro engaging in riot, &c., or corm- ished. snitting a trespass, how punished. 1. Be it ordained by the council of the city of Richmond, That in this ordinance, and in any future ordinance of this city, the word "' negro" shall be construed to mean mulatto as well as negro. 2. If two hours after sunset of any day a slave be found in this city absent from his owner's or employer's tenement without such pass in writing as is herein after mentioned, he may be punished with stripes. 3. The pass shall designate the particular place or places to which, or the purpose for which the slave may go, and if it designate more than one, it shall be good only for a single night; but if it designate a single house to which the slave may go before 11 o'clock at night, it may be given for any time not exceeding one month, provided the assent of the occupier of such house, to the slave's staying there, be signified by his signing his name on the back of the pass; and if during the continuance of such pass for one month the slave be detained by his owner or employer after 11 o'clock at night, there must be a special pass stating that fact. 4. Whenever under the preceding sections a slave is punishable, thejustice before whom the offence is tried- may, in his discretion, commute the punishment of stripes on the payment instanter of a fine not exceeding five dollars. 5. When a slave absent at night from his owner's or employer's tenement has a writing designed to show that his absence is. by the permission of his owner or employer, if such writing be signed by any other person than his owner or employer, or a member of' his family, or by some other NEGROES. 195 person authorized by the owner or employer to sign the same; or when a writing designates a house to which a slave may go at night for one month, if the name on the back of such writing be signed by any other person than the occupant of such house, or a member of his family, the person signing such writing, or signing such name on the back of such writing, if white, may for every such offence be fined not exceeding twenty dollars; and if a free negro, shall be punished with stripes, and the slave may also be punished with stripes. 6. If a slave shall ride in a licensed hack or carriage without the written consent of his owner or employer, or some white member of his family, or the guardian or committee of the owner of such slave, the owner or keeper of such hack or carriage, if a white person, shall be fined not less than five nor more than twenty dollars; and if a negro, puns ished by stripes, at the discretion of the justice who may try him for the offence, not exceeding thirty-nine at any one time. 7. No negro shall walk or be in the Capitol Square, or in the grounds adjacent to the City Spring or City Hall, or be thereupon, or be within the enclosure of any of the places known as city grounds, unless to attend a white person, being an infant, or sick, or infirm, or to serve their owner or employer; nor shall a negro walk or be within the walls of any public burying ground for white persons, unless to attend the funeral of his owner or employer, or of' some of his family, or to serve his owner or employer, or by permission of the keeper thereof. 8. No negro shall smoke tobacco in any place mentioned in the preceding section, or in any public street or other public place. 9. No negro shall keep a cook shop or eating house, unless he be licensed to keep an ordinary or house of entertainment. 1A0. No negro shall in the night time carry a cane, unless 196 POLICE. because of his age or infirmity, or for his owner or employer. 11. Not more than five negroes shall at any one time stand together on a side-walk at or near the corner of a street or public alley. And negroes shall not at any time stand on a side-walk to the inconvenience of persons passing by. A negro meeting or overtaking, or being overtaken by a white person on a side-walk, shall pass on the outside; and if it be necessary to enable such white person to pass, shall immediately get off the side-walk. Any negro violating this or either of the three preceding sections, may be punished with stripes. 12. If any negro shall organize, or attempt to organize, or form any secret society of negroes, for any purpose whatsoever, or shall attend or be present at any such society, he shall be punished by stripes, not exceeding thirty-nine at any one time. 13. If any free person rent or hire a house, lot or tenement, or any part thereof to a slave, for any purpose whatever, he shall, if a white person, be fined not less than five, nor more than ten dollars for every day that the same shall be held or occupied by such slave; and if he be a free negro, may be punished by stripes, not exceeding thirty-nine for every day such house shall be occupied or held, or fined as a white person committing the like offence, at the discretion of the justice trying the offence. 14. The owner, hirer or other employer of a slave in the city of Richmond, shall not permit such slave to hire himself out, or receive the price of his hire, nor shall he permit such slave to engage or pay for his own board or to board himself; nor shall he give to such slave money or food in place of his board. But it shall be the duty of every owner, hirer or other employer of a slave in the city of Richmond, to provide food and lodging for such slaves upon his own premises, or by engaging board and lodging for them with some free person, and paying the price thereof to such per NEGROES, 197 son, except when the slave has a wife living in the city, and he stays with her at the house of her master. And it shall be the duty of the owners, hirers, or other employers of slaves in the city of Richmond, having slaves which are not fed and lodged by themselves on their own premises, to make out a list of slaves boarded out by him and the place where each one is boarded, and deliver the said list to the mayor of the city; and as often as he buys, hires or employs another slave, or as often as one of the slaves changes his boarding house, he shall within one week inform the mayor of the fact, and state the place where such slave is boarded. And if the said owners, hirers, or other employers of slaves in the city of Richmond shall do any act herein forbid, or shall fail for one week to do what he is herein required to do, he shall for each week pay a fine of not less than five nor more than twenty dollars. 15. If any free negro shall knowingly suffer or permit any slave to be and remain upon his lot or tenement, or upon any lot or tenement held or occupied by him more than one hour in the day time, or for any time at night, without the consent in writing of the owner or employer of such slave, he shall be punished by stripes, not exceeding thirtynine. 16. If any person shall sell by retail to a slave ardent spirits, or a mixture thereof, or any wine to be drunk at the place where sold, he shall be fined not less than five nor more than twenty dollars. If any free negro shall commit the like offence, he shall be fined in like manner, or be punished by stripes in the discretion of the justice trying the offence. 17. If any free negro above the age of twenty-one years, resident in this city, shall be found going at large without an attested copy of his register, as is required by law, he may be punished by stripes, not exceeding thirty-nine, or may be fined not exceeding ten dollars, at the discretion of the justice trying the offence. And all free negroes coming 198 POLIOCE into the city from any county or corporation within the State, and who shall habitually remain in the city more than two months without being registered in the hustings court of said city, and obtaining an attested copy of such register, shall be considered, treated and punished as resident free negroes going at large without a register. 18. If any free person shall employ any such free negro as is mentioned in the preceding section, he shall be fined five dollars for every day that he shall so employ such free negro. 19. If any white person shall, without the written consent of his master or owner, employ a slave, he shall be fined not less than five nor more than twenty dollars. And if any free negro commit the like offence, he shall, in the discretion of the justice trying the offence, pay the like fine, or be punished by stripes not exceeding thirty-nine. 20. If any negro use provoking language, or use or make insolent or menacing gestures to a white person, or speak aloud any blasphemous or indecent word, or make any loud or offensive noise by conversation or otherwise, in any street or other public place, or shall indecently expose his person, or any part thereof, to public view in this city, he shall, if a slave, be punished by stripes, or if a free negro, either by stripes, or be fined not less than one nor more than twenty dollars, at the discretion of the justice trying the offence. 21. If any person shall give, lend to, or in any other manner furnish a negro (bond or free) with any firearms, sword, bowie-knife, or any offensive weapon of any kind whatever, or any balls, shot, gunpowder or other ammunition, he shall be fined twenty dollars for each and every article so sold, given, lent, or otherwise furnished. And if any negro shall keep, or carry any such firearm, or other article or thing in this section before mentioned, he shall be punished by stripes, not exceeding thirty-nine at any one time. 22. If any person shall sell or furnish any medicine or drug to a slave, he shall be fined not exceeding ten dollars; NEGROES. 1.99 but this section shall not prohibit any person from furnishing medicine to a slave, upon the written order or direction of' the owner or- employer of such slave, specifying the kind and quantity of the medicine or drug to be so furnished; nor to prevent the furnishing to a slave any medicine or drug upon the order or prescription of any doctor of medicine. And if any slave shall prepare or administer, or attempt to administer any medicine or drug to any person whomsoever-except a slave administering medicine by his master's order, in his family, or to some other person at his master's residence, by his master's consent —he shall be punished by stripes not exceeding thirty-nine. And no free negro shall prepare or administer any medicine or drug to any person other than a free negro; and any free negro offending against this provision shall be punished by stripes, not exceeding thirty-nine. 23. If any negro in this city engage or take part in any riot, rout, or affray; or commit any wilful trespass upon the person or property of any free person, or upon the person of any slave, he shall be punished by stripes, not exceeding thirty-nine at any one time. 24. Whenever five or more negroes shall assemble together on any foot-walk in front of, or immediately adjoining any church or other house dedicated to religious worship, or shall loiter upon the said sidewalk, or shall remain in or loiter about any such church or other house of relYgious worship, thirty minutes after divine service therein for the morning or afternoon of that day shall have concluded, the said negroes so assembled, and being together upon such sidewalk, or loitering in or about the said church or house, shall, constitute an unlawful assembly of negroes, and any negro found thereat may be punished by stripes, not exceeding fifteen, 25. Whenever any free person shall in this city permit to be at any one time on his lot or tenement more than five negroes,'other than those belonging to or hired by him, 200 POLIC,. such assembly-whether the negroes be free or not —shall be an unlawful assembly of negroes. 26. Any officer of police or night watchman may enter the place of such unlawful assembly, as is mentioned in the two preceding sections, and seize such negroes; and such negroes may, by order of a justice, be punished by stripes. There shall, moreover, be imposed a fine of not less than five, nor more than twenty dollars, upon the person permitting such unlawful assembly on his lot. 27. If any person shall unlawfully assault and beat a slave, he may-if a white person-be fined not less than one, nor more than twenty dollars; and if a free negro, he may be so fined or punished by stripes, at the discretion of the justice. SLAVES HIRED IN THE CITY. AN ORDINANCE PROVIDING FOR AN ACCOUNT OF SLAVES HIRED IN THE CITY OF RICHb MOND, AND OF THE PERSONS TO WHOM THEY ARE HIRED. 1. Hirers of slaves to return list to the 3. Lists delivered to the chamberlain at mayor, and to whom hired, end of each year. 2. The list Prima facie evidence of the hiring. 1. Be it ordained by the council of the city of Richmond, That every person or firm who or which has hired out, or shall hire out, slaves for the year, or any part thereof, to persons doing business in or dwelling in the city of Richmond, shall, on the 30th day of January of each year, deliver to the mayor of the city a list signed by himself or one member of the firm, containing the name of each slave hired out by him or them prior to that time, and the name of the person or firm hiring such slave. And such person or firm -SLAVES HIRED IN THE CITY. 201 shall, on every fourteenth day, commencing from said 30th day of January, until the 15th day of March in each year, deliver to the said mayor a like list, signed as aforesaid, containing the names of all the slaves hired out by him or them, and to whom hired, not embraced in the preceding lists. And if any person or firm hiring out slaves as aforesaid, shall fail to deliver such lists, so signed as aforesaid, he or they so failing shall be fined not less than ten nor more than twenty dollars. And each day (except Sunday) on which he or they shall fail to deliver the said lists to the mayor, shall constitute a distinct offence, and subject him or them to the fine aforesaid. 2. The lists so returned to the Mayor shall be prima facie evidence of the hiring of the slaves mentioned therein, and of the persons to whom they are hired, in all proceedings under the ordinance entitled an ordinance concerning negroes. 3. The lists delivered to the mayor shall be preserved by him; and at the end of the year, if no proceeding is then pending in which they may be necessary to be used, or as soon as such necessity shall cease, he shall deliver said lists to the chamberlain, who shall preserve the same. QUARANTINE, AN ORDINANCE CONCERNING QUARANTINE. I. Quarantine ground established. 5. What superintendent shalt provide. 2. Who and what shall perform quaran- 6". Vessels subject to quarantine, what; tine. they shall do. 3. Who shall be superintendent of quar- 7. What the mayor may order. antine. 8. Superintendent to board vessels sub4. Quarantine to be governed by the ject to quarantine, &Sc. What he,:statute. shall enquire and report. 26 202 POLICE. 9. What superintendent may direct and 12. How passengers under quarantine do as to vessels, &c., subject to quar- shall be supported. antine. 13. Vessel released from quarantine, 10. Vessels performing quarantine, how master shall deliver his permit to the designated. mayor. 11. Lighters when only to be employed 14. No person to go on board, or have to load or unload vessels at quaran- communication with vessel in quartine. antine. 1. Be it ordained by the council of the city of Richmond, That there shall be established, by and with the concurrence of the county court of Henrico, a quarantine ground for the city of Richmond, between a line drawn across James river, from a point at high water mark on the Henrico side, and a point at high water mark on the Chesterfield side of said river, so as to touch the lower end of Hancock's island; and a line drawn from the Henrico side, at a point at high water mark, opposite Warwick, to a point at high water mark on the Chesterfield side; which points shall be designated and marked by the superintendent of quarantine. 2. Quarantine shall be performed on the said ground by vessels, persons, and merchandize coming, or brought from any port or place whence the council, by resolution, published in one or more of the newspapers published in the city of Richmond, shall declare it probable that any plague or other infectious disease may be brought, during such time, and in such manner as shall be directed by the council, by resolution published as aforesaid; and until they are discharged from such quarantine no such person or merchandize shall be brought on shore, or go, or be put on board any other vessel, but in such case, and in such manner, as shall be permitted by the orders of the council; and the vessels and persons receiving goods out of such vessels shall be subject to the orders concerning quarantine, and for preventing infection, which shall be made by the council. 3. The hospital physician shall be the superintendent of quarantine, who, during the time of actual quarantine performed on said grounds, shall receive five dollars per diem QUARANTINE. 203 for his services; and he shall have such assistants as the council may appoint. 4. The quarantine herein provided, and all persons, vessels and goods subject thereto, shall, in all things, be governed and regulated by the 12th, 13th, 14th, 15th, 16th, 17th, 18th and 20th sections of chapter 86 of the code of Virginia, and such regulations consistent therewith as the council may ordain. 5. The superintendent of quarantine shall, under the direction and approval of the council, provide, by contract, sufficient buildings and shelters for the safe keeping of the goods or merchandize which it may be necessary to land from on board of any vessel performing quarantine in obedience to this ordinance, as well as for the accommodation of the persons superintending or performing quarantine. 6. All vessels subject to quarantine shall, immediately on their arrival, anchor within quarantine anchorage ground, and there remain with all persons arriving in them, subject to the examinations and regulations imposed by law. 7. The mayor, whenever in his judgment the public health shall require it, may order any vessel at the wharves of the city, or in their vicinity, into quarantine or other place of safety; and may require all persons, articles and things introduced into the city from such vessel, to be seized, returned on board, or removed to the quarantine ground. In case the master, owner or consignee of the vessel cannot be found, or shall neglect or refuse to obey the order of removal, the mayor shall have power to cause such removal at the expense of such master, owner or consignee; and such vessel or persons shall not return to the city without the written permission of the mayor. Such vessel, when removed to the quarantine ground, shall, in all respects, be subject to the regulations of quarantine. 8. It shall be the duty of the superintendent of quarantine to board every vessel subject to quarantine, or to visitation, (if, in the opinion of the superintendent, such visit be 204 POLICE. necessary,) immediately on her arrival; to inquire as to the health of all persons on board, and the condition of the vessel and cargo, by inspection of the bill of health, manifest, log-book or otherwise; to examine, on oath, as many and such persons on board of vessels suspected of coming from a sickly port, or having, or having had during the voyage, sickness on board, as he may judge expedient, and to report the facts and his conclusions to the mayor. Vessels subject to quarantine shall, under the authority and direction of the superintendent, remain at quarantine at least thirty days after their arrival, and at least twenty days after their cargoes shall have been discharged, and shall perform such further quarantine as the superintendent shall prescribe, unless sooner discharged by his written permission. But nothing in this ordinance contained shall prevent any vessel arriving at quarantine from again going to sea, or returning to the port of departure befbre breaking bulk. 9. The superintendent shall have power to direct the location, within the quarantine anchorage ground, of any veseels subject to quarantine regulations; to cause any vessel under quarantine, when he shall judge it necessary for the purification of the vessel or her cargo, to discharge the cargo at the quarantine ground, or some other suitable place out of the city; to cause any such vessel, her cargo, bedding, and the clothing of persons on board, to be ventilated, cleansed and purified, in such manner and during such time as he may direct; and if he shall judge it necessary to prevent infection or contagion, to destroy any portion of such cargo, bedding or clothing which he may deemn incapable of purification; to prohibit and prevent all persons arriving in vessels subject to quarantine from leaving quarantine until fifteen days after the sailing of their vessels from their ports of departure, and fifteen days after the last case of pestilential or infectious disease that shall have occurred on board shall have terminated, and ten days after their arrival at quarantine, unless sooner discharged by his written permis QUARANTINE. 205 sion; to permit the cargo of any vessel under quarantine, or any portion thereof, when he shall judge the same free from infection, to be conveyed to the city of Richmond, or to such place as may be designated by the mayor, after having reported in writing to the mayor, the condition of said cargo and his intention to grant such permission; but such permission shall be inoperative without the written approval of the mayor; to permit the cargo of any vessel under quarantine, or any part thereof, if in his opinion it will not be dangerous to the public health, to be shipped for exportation by sea: but the vessel receiving the same shall not approach nearer than the lower edge of Rocketts bar, without the written permission of the mayor. 10. Every vessel performing quarantine shall be designated by colors fixed in a conspicuous part of her main shrouds. 11. No lighters shall be employed to load or unload vessels at quarantine, without permission of the superintendent and subject to such restrictions as he shall impose. 12. All passengers under quarantine who shall be unable to maintain themselves, shall be provided for by the master of the vessel in which they shall have arrived; and if the master shall omit to provide for them they shall be maintained on shore, at the expense of such vessel; and such vessel shall not be permitted to leave quarantine until such expense shall have been repaid. 13. The master of any vessel released from quarantine and arriving at the city of Richmond, shall, immediately after such arrival, deliver the permit of the superintendent to the mayor, or to such person as he shall direct; but such vessel shall not approach nearer than the lower edge of Rocketts bar without the written permission of the mayor. 14. No person, without the permission of the superintendent, shall enter within the enclosure of the quarantine ground, or go on board of, or have any communication or intercourse or dealing with, any vessel under quarantine. 206 POLICE. Any person going on board a vessel under quarantine, without license from the superintendent, may be compelled to remain there, in the same manner as he might have been if he had been one of the crew of the vessel.* PORT WARDENS. AN ORDINANCE CONCERNING PORT WARDENS, AND THE SPEED OF STEAMBOATS. 1. Port wardens to be appointed in 6. When they shall call in a third, and July. To give bond. how the judgment ascertained. Shall 2. When to inspect vessel, and assess share the fees. damage. 7. When cargo abandoned, port war3. When to inspect cargo. dens shall sell it and account. 4. When master entitled to further in- 8. They shall keep a record of their spection. proceedings, and return an account 5. When port wardens to give notice to in July. consignee or owner of damages, and 9. When captain of steamboat shall to assess damages to cargo. lessen its speed. 1. Be it ordained by the council of the city of Richmond, That annually, in July, or as soon thereafter as practicable, there shall be appointed for the port of this city four port wardens, each of whom, before acting in his office, shall give bond in the penalty of two thousand dollars, payable to the city of Richmond, with surety approved by the councii, and with condition for the faithful discharge by him of the duties of his office; which bonds shall remain filed in the chamberlain's office. On any of said bonds suit may be prosecuted from time to time, in the name of the city, for the benefit of any person injured by any breach of the condition, as often as any such breach may be alleged, until there shall be recovered for the breaches damages equal to * NOTE.-By the statute Code, ch. 16, ~ 14, p. 398, any person violating quarantine regulations shall forfeit not less than five nor more than five hundred dollars. PORT WARDENS. 207 the penalty of the bond. The said port wardens shall continue in office until their successors are appointed. 2. Two of the port wardens, when called on by the owner or master of, or any person interested in a vessel, which, or its sails or rigging, arrives in the port in a damaged state, shall inspect such vessel, sails and rigging, and assess the damage, and upon receiving for their services a fee of six dollars, grant a certificate of said damage. 3. If a captain or master of a vessel arriving in the port shall enter his protest before the hatches of his vessel shall have been removed, or if he shall, within twenty-four hours after his vessel shall have been moored to a wharf, give notice to two of the port wardens that he has entered his protest before removing the hatches, the two port wardens called on by said captain or master shall inspect the condition and storage of the cargo, and on receiving for their services a fee of three dollars, grant a certificate stating whether, in their opinion, said cargo has been properly stowed and damaged or not. 4. When a captain or master of a vessel shall have removed the hatches of his vessel to land a cargo at Norfolk or any port on James river, and shall produce to two port wardens'satisfactory evidence of his having at the time called for an inspection in regular manner, he shall be entitled to a further inspection; and the two port wardens shall proceed therewith. 5. When the two port wardens, on inspecting the cargo, find the same, or any part thereof, damaged, they shall immediately give notice to the consignee or the owner thereof, or person interested therein, and, if requested by him, shall assess the damages to the cargo, or such part of it as is damaged, and on receiving three dollars from the consignee, if there be but: one, and one dollar from each consignee, if there be more than one, shall grant a certificate of their assessment to the consignee or owner of each separate shipment, or the person interested therein. 208 POLICE. 6. When two port wardens disagree, a third shall be called on, and of the two, that opinion to which the third approximates the nearest shall be taken as the judgment. The fees of port wardens shall be equally divided among those rendering the services. 7. When a cargo, or any part thereof, is abandoned to the underwriters, the port wardens shall take charge of the same, and after giving, in one or more of the newspapers of the city, such notice of the time and place of sale, as in reference to the nature and condition of the damaged articles they may deem advisable, shall sell what is so abandoned, at public auction, and after deducting the cost of advertising, necessary expenses for labor, and for their services a commission of one and a quarter per centum, shall faithfully account for, and pay the residue to the parties entitled. 8. The port wardens shall keep a record of their proceedings, and annually, at the regular meeting of the council in July, return an account, on oath, of their receipts within the preceding year by virtue of their offices. If they fail to make such return, neither of them shall be capable of being re-elected, unless he satisfies the council of his inability to make it. 9. The captain or commander of every steamboat coming into or departing from the port of this city, shall, on its arriving within a half mile of the port, or while it is not more than half a mile from the port, retard its speed to one-half its usual rate, or fourteen revolutions of its wheels per minute. If he fail so to do, he shall pay a fine of ten dollars. POWDER MAGAZINE. 209 POWDER MAGAZINE. AN ORDINANCE CONCERNING THE POWDER MAGAZINE. 1. Keeper of powder magazine, when 9. Keeper when toreceive powder-his appointed. How removed. compensation. 2. To give bond for discharge of his 10. To give receipt for powder-how ofduties. ten he shall turn the powder. 3. To keep magazine and enclosure in 11. When powder may be delivered to a order-what and to whom he shall negro. report. 12. Keeper when not liable for loss. For 4. How much powder may be transport- neglect, he and the city liable. ed at one time through the city. 13. When keeper may have powder ex5. What master of vessel having pow- amined. der shall report-to whom. 14. What accounts keeper shall keep6. Head-man of a boat having powder what, he shall report-what he shall to report-to whom. No fire allowed pay —who shall examine statements, on boat. and powder, and report-when. 7. Keeper delivering powder to vessel 15. Penalty. or boat to report-to whom. 16. What committee shall have manage8. Persons not to keep powder in city- ment of magazine-who shall inspect what exception. the vehicles used to transport powder. 1. A keeper of the powder magazine shall be annually appointed by the council in December, or as soon thereafter as practicable. He shall hold office until his successor qualifies, and the council may at any time remove him or fill a vacancy in the office. 2. He shall not act until he executes a bond, payable to the city, in the penalty of eight thousand dollars, with security approved by the council, conditioned for the proper discharge of his duties. 3. He shall keep the magazine and its enclosure in order, and shall report to the president of the council in writing any injury that may have occurred, and any repairs which may be needed. 4. Not more than fifty pounds of powder shall be transported in the city at one time, except by a military company, or by the keeper of the magazine, or his agent, in a vehicle 27 210 POLICE. procured by him, and constructed as the engineer of the city shall prescribe. 5. The master of a vessel or steamer arriving in the port of Richmond with more than fifty pounds of powder on board, shall forthwith report the fact to the harbor master, and take such berth as he shall assign. 6. The head man of a boat arriving in the city by the canal or river with more than fifty pounds of powder on board, shall forthwith report the fact to a police officer, and take such berth in the basin or canal as he shall direct. No fire shall be used on board of a boat having such quantity of powder on board. 7. When the keeper of the magazine delivers more than fifty pounds of powder to a vessel, steamer or canal boat, he shall notify forthwith the harbor master of such delivery to a vessel or steamer, and a police officer of such delivery to a canal boat. And the harbor master shall assign a proper berth to the vessel or steamer, and the police officer shall do the same to the canal boat. 8. No person shall keep in the city longer than twentyfour hours, more than two pounds of powder, except in tin canisters, or more than twenty-five pounds elsewhere than in the magazine. 9. The keeper of the magazine shall, from sunrise to sunset, receive, store, deliver and transport powder, on reasonable notice. He shall make no charge for storage, but he shall be paid for transportation by the person at whose instance it is done, fourteen cents on each keg carried to the mragazine, and fourteen cents on the same keg when it is carried from the magazine. And on powder not stored in the magazine, twenty-eight cents per keg, payable when the transportation is performed; unless such transportation be directly from a vessel to a canal boat or to a railroad depot, in which case it shall be six cents. 10. When required, he shall give a receipt for the powder POWDER MAGAZINE. 211 received by him, and he shall turn every keg of powder in the magazine once in three months. 11. Powder shall not be delivered from the magazine to a negro, unless in the presence of, or upon the written order of the owner of the powder, or his agent. 12. Neither the keeper nor the city shall be liable for loss or injury to powder in the magazine, by house-breaking, or long keeping, or other cause, without neglect on his part. But for loss or injury caused by the neglect of the keeper.during transportation, or while the powder is stored in the magazine, the party injured may at his option receive compensation from the city, or sue in the name of the city for his benefit, on the bond of the keeper. 13. If the keeper suspect that powder is damaged when it is offered to him, or while in the magazine, he may, on notice in writing to the owner thereof, apply to a justice for the appointment of three persons, who shall examine the same, and certify its condition under oath. 14. The keeper shall enter in a book all the powder transported and stored, showing the quantity transported, for whom, when, where from, where to, and the amount paid for transportation; the quantity stored, from whom received, to whom delivered, and the time of such receipt and delivery. On the first Monday in January, April, July and October in each year, he shall render under oath to the auditor an account of the powder transported and stored during the preceding quarter, stating the foregoing particulars; and he shall pay to the city one-tenth of what he has received, retaining the remainder as compensation for his services, and to reimburse his expenses. With the account rendered in October there shall be a statement of the quantity of powder in the magazine, and the names of the persons to whom it belongs. The auditor shall compare this statement with the preceding returns, and the engineer shall verify it by actual count of the powder in the magazine; and they shall certify the result of such comparison and count 1 12 POLICE. to the council at their meeting in February. If the keeper fail to render the foregoing accounts and statements, and to pay the money due to the city within three days of the time prescribed, he shall forfeit to the city five dollars for every day such failure continues, which forfeiture shall be exacted by the chamberlain, and its non-payment shall be reported by him to the council at their next meeting. 15. Violations of sections 4, 5, 6, 7, 8 and 9, by any person mentioned therein, shall be punished by a fine of not less than five nor more than twenty dollars. 16. The committee on public grounds and buildings shall have supervision of the powder magazine, and may prescribe such regulations for the reception, storage, delivery and transportation of powder as the public safety requires. The engineer of the city shall inspect annually the vehicles used for the transportation of powder, and report their condition to the said committee, who may require such changes and repairs in the same as they deem necessary. MEASURER OF GRAIN. AN ORDINANCE CONCERNING THE MEASURER OF GRAIN. 1. When grain, &c., shall be weighed 4. Measurer may appoint deputies. by the measurer of grain. 5. Compensation of measurer. 2. Either the seller or buyer of grain, 6. Measurer shall report to the cham&c., may have it weighed. berlain. 3. The standard weight of grain, &c. 1. Be it ordained by the council of the city of Richmond, That every person who shall bring to this city, for sale or barter, grain of any kind, potatoes, or any other article herein after mentioned, to be sold by solid measure (if over ten bushels) may apply to the measurer of grain to weigh the same. GRAIN MEASURER. 213 2. When any article is provided for in this ordinance to be sold by solid measure (except Irish potatoes when sold by the barrel) if either the seller or buyer require the article sold to be weighed under the superintendence of said measurer, and the other contracting party refuse to have the same so weighed, the party refusing shall pay a fine of twenty dollars. 3 When required by either the seller or buyer of any article mentioned in this ordinance, the said measurer shall weigh such article and ascertain the number of bushels according to the standard herein named; and his certificate shall be binding on both parties as to the number of bushels, to wit: Wheat 60 lbs., corn 56 lbs., rye 56 lbs., oats 30 lbs., meal 50 lbs., peas 56 lbs., beans 60 lbs., potatoes 58 lbs., clover seed 60 lbs., timothy seed 42 lbs., bran 18 lbs., shorts 28 lbs., brown stuff 34 lbs., ship stuff 46 lbs., coal 70 lbs. If either seller or buyer of any such article refuse to be governed by this ordinance, he or they shall pay a fine of twenty dollars. It shall be the duty of the said measurer to test the scales used by him at least once a week, and oftener, if required. 4. The said measurer may appoint one or more deputies, who (when approved by the council,) may, after taking an oath faithfully to discharge the duties of his office, discharge any duties of his principal, but the principal shall be liable therefor; and any such deputy may at any time be removed from office by the principal or by the council. 5. The said measurer shall receive for his services for any quantity not exceeding 200 bushels, one-half cent. per bushel, and for any quantity exceeding 200 bushels, onefourth of a cent per bushel; in both cases the buyer and seller shall each pay one-half of the said fee. 6. The said measurer shall quarterly, to wit: on the 1st day of January, 1st day of April, 1st day of July, and the 1st day of October, in each year, return to the chamberlain an account of the number of bushels of each article weighed, 214 POLICE. and the amount received by him, verified by oath. He shall also cause to be published, at his cost, (in a newspaper of this city) a statement of the number of bushels of each article mentioned in said report. If he fail for ten days to return such account, and make such publication, he shall pay a fine of ten dollars; and each subsequent day shall be a distinct offence. WEIGHING LONG FORAGE. AN ORDINANCE TO PROVIDE FOR WEIGHING LONG FORAGE AND OTHER ARTICLES. 1. Weighmaster to be appointed for 6. What forage shall be weighed. How first market. hay in bales to be marked. When it 2. Clerk of second market weighmas- shall be unpacked and weighed. ter. 7. Penalty for selling or storing for sale 3, Shall have care of city scales. When forage before weighed. and where he shall attend-what he 8. What certificate weighmaster shall shall weigh. give. What books he shall keep. 4. Toll-gatherer for James River and 9. How weighmaster shall mark forage Kanawha company may be weigh- not merchantable. master near Basin-shall give bond. 10. What fees shall be paid for weighPenalty for acting before giving ing. bond. 11. When weighmaster to report to 6. When forage may be weighed else- chamberlain. What pay over. where, 1. Be it ordained by the council of the city of Richmond, That annually, at the regular meeting of the council in November, there shall be appointed by the council a weighmaster for the first market, who, before acting in his office, shall give bond in the penalty of one thousand dollars, payable to the city of Richmond, with surety approved by the council, and with condition for the faithful discharge by him of the duties of his office; which bond shall remain filed in the chamberlain's office. A vacancy in said office may at any time be filled by the council. 2. The clerk of the second market shall be weighmaster GRAIN MEASURER. 215 for that market; and his official bond shall be a security for the faithful discharge by him of all the duties of his office both as clerk and weighmaster. 3. The weighmaster for each market shall have the care of the city scales and balances at or near the market for which he is appointed; and he shall keep the same for public use. In person, or by a deputy approved by the council, he shall from sunrise to sunset of every day (except Sunday) attend the place at which the scales and balances under his care are kept, and weigh such articles as may be brought to the said place to be weighed. 4. The toll-gatherer of the James River and Kanawha company may, with the assent of that company, act as weighmaster near the basin of the James River canal, provided he shall, before acting as such, give bond in the penalty of one thousand dollars, payable to the city of Richmond, with surety approved by the council, and with condition faithfully to account for and pay to the city such part of the fees received by him under this ordinance, and at such time and in such manner as is hereby required. If, before said bond is given and approved, the said toll-gatherer, or any person in the employment or under color of the authority of said company, shall weigh an article in any case in which the said company is not allowed by its charter to have such weighing done, such toll-gatherer or other person shall pay a fine of not less than two nor more than twenty d(ollars. After said bond is given and approved, there shall for weighing done by said weighmaster be paid him fees in every case in which the said company is not allowed by its charter to have such weighing done. 5. Forage in bales or bundles, brought by water, may be weighed at a place other than is before mentioned, provided proper balances for the purpose and the necessary labor be furnished by the owner at such place. If such place be at the Dock or in James river, the weighmaster for the first market shall be the one to act. 216 POLICE. 6. When hay, fodder, oats, shucks, or other long forage is brought to the city, the same shall be examined, weighed and certified by a weighmaster according to the provisions of this ordinance. And if such hay be in bales, the weighmaster, after a satisfactory inspection thereof, shall mark each bale with the quality of the hay contained therein, either as "C Number one," "Number two," or 6" Refused," and shall moreover mark it with the weight of the hay, exclusive of the wood or other wrapping around or about it. If the person offering such hay for inspection shall request it, the weighmaster shall unpack it, and weigh the hay, and the wood or other wrapping separately, and then repack the same, such person furnishing as many hands at his own charge to assist the weighmaster as may be necessary; otherwise the weighmaster shall make such deduction from the gross weight for the wood or other wrapping as he may deem reasonable. The weighmaster's certificate in such case shall be special, stating the weight and quality of the hay. Moreover, he shall carefully remove from the bale any marks of its weight or quality other than his own. 7. Any person who shall sell or store for sale such hay, fodder, oats, shucks, or other long forage, before it is weighed and certified by a weighmaster, and in case such hay be in bales, before it is inspected andl marked as aforesaid, or shall when it is brought in a vessel remove it any greater distance than is necessary to have it weighed, shall pay a fine of not less than two nor more than twenty dollars per bale, unless it be a case in which the owner of the land upon which the article was grown has brought it to this city for his sole and exclusive use, or be such a case of hay sent to this city in bales by a farmer of the State as is contemplated by the act of assembly passed the 22nd of March, 1847, and mentioned in the thirty-first section of the charter of the city. 8. Upon receiving the fee herein after mentioned, the weighmaster shall grant a certificate of the article weighed, WEIGHING LONG FORAGE. 217 specifying the owner's name, at whose instance it is weighed, and its true weight; exclusive, when forage is weighed, of the wagon or other article containg it and of any wood around or about such forage. And he shall date and sign said certificate, and in a book, kept for the purpose, make an entry of the article, placing each species of long forage in separate columns, which entry shall correspond with the certificate. He shall also, when a bundle of hay is weighed by him, mark its weight upon the binding of such bundle. If any person alter said certificate or mark he shall pay a fine of twenty dollars. 9. When the weigh master, on examining an article, deems it not merchantable, he shall so mark it, and his certificate shall be special, stating the quality and condition of the article, or what deduction will render the residue merchantable. 10. The fees to be paid the weighmaster shall be for hay, whether loose or in bales, fodder, oats, shucks or other long forage, two and a half cents per hundred pounds, and for any other article, a cent and a quarter per hundred pounds. 11. Every weighmaster shall, quarterly, on the first day of every January, April, July and October, return to the chamberlain an account, verified on oath, of his receipts for fees within the preceding three months, and after deducting one-fourth part thereof as a compensation for his services, shall pay the residue to the chamberlain. If a weighmaster fail for twenty days to render such account or to make such payment, the chamberlain shall report such default to the council at its first meeting afterwards. 28 218 POLICE. PRISONERS IN CITY JAIL. AN ORDINANCE REGULATING THE EMPLOYMENT OF PERSONS IN THE CITY JAIL ON THE PUBLIC WORKS OF THE CITY. 1. Mayor may order persons in jail to 3. Prisoner whilst at work shall have be employed on public works. chain and ball attached to him. 2. May depute police or appoint others 4. Compensation to person not a police to attend prisoners whilst at work. officer for attending prisoners. 1. Be it ordained by thle council of the city of Richmond, That the mayor of the city may, by his warrant directed to the keeper of the jail of the city, order such persons as he may designate, and as are liable to be employed under the act of the General Assembly, passed February 26th, 1856, and entitled " An act for establishing a work house in the city of Richmond," to be employed on the public work of the city, under the management of the overseer of the public hands. In said warrant shall be specified the names of such persons, the number of days and the hours of the day during which such persons shall be so employed; and for sufficient cause to him appearing, the mayor may supercede his said warrant, when the said employment of such persons shall cease. Such persons under the management of the overseer shall be employed on the same works, and in like manner with the city hands under his control, but shall be furnished, while so employed, by the keeper of the city jail, with proper food, clothing and lodging, in like manner with the other prisoners committed to the jail. 2. The mayor may, by his order, depute any one or more of the police of the city, and should the refractory conduct of the prisoners make it necessary, may appoint other person or persons to attend the prisoners whilst at work, and passing and re-passing from the jail to the place of employment. It shall be the duty of such police, or persons so PRISONERS IN CITY JAIL. 219 appointed, to enforce orderly behaviour and obedience of the prisoners to the overseer when out of the custody of the jailor; and for this purpose they may command any person or persons to aid and assist in apprehending and securing such prisoners. Should any person, when required to aid and assist in apprehending and securing a prisoner as aforesaid, neglect or refuse so to aid and assist, such person shall pay a fine not exceeding ten dollars for every such offence. 3. For the more perfect security of the prisoners, the superintendent of streets shall have provided a chain and ball for each prisoner that may be worked on the streets, to be affixed to his leg before leaving the jail, and not to be taken off until returned to jail. 4. Any person, other than a police officer, charged with and duly performing the police duty provided for in the first section of this ordinance, shall, on the mayor's certificate that he is justly entitled thereto, be paid one dollar and fifty cents for every day that he is so employed. NU ISAN CE S ANIMALS. AN ORDINANCE CONCERNING ANIMALS. 1. Slave tot to raise or keep hog or go at large. Butcher's dog not to go dog. Penalty and forfeiture for so into the market house. doing. 8. Penalty for killing or stealing a 2. Tax on hogs. licensed dog. 3. Assessor to register hogs and dogs. 9. Cows and calves not to go at large at Police officer to report monthly. night. 4. Dogs not to go at large without 10. What other animals not to go at license. large. 5. Who to grant license; when to ex- 11. Cruelty to animals. pire. 12. Police officer to take animal going at 6. Unlicensed dogs going at large, to be large. What to be done with them. killed, if not redeemed. 13. Officer to account for money re7. Dangerous or vicious animals not to ceived. 1. Be it ordained by the council of the city of Riclhmond, That no slave shall raise or keep a hog or dog in this city. Every hog or dog thus found in the possession of any slave shall be forfeited to the city; and when taken up by a police officer; if a hog, it shall be sold for the use of the city, and if a dog, killed in the manner herein after directed; and every slave who shall raise or keep a hog or dog in this city shall be punished by stripes. 2. There shall be an annual tax of five dollars on every hog kept by, or in the possession of every person in this city, except hogs driven to the city for sale between the 1st day of October and the 1st day of April, and except hogs brought to this city for slaughter, which shall be slaughtered within ten days after they arrive. 3. The city assessor shall, in taking the taxable property ANIMALS. 221 of the city, register the number of hogs and dogs owned or kept by each citizen, and report the same to the city chamberlain; and it shall moreover be the duty of the second, third and fourth police officers to visit every receptacle of hogs within the ward in which he resides, whether the same be kept in houses or pens, and report monthly a list of hogs, (with such additions thereto as their examination may enable them to make,) on which a tax is to be paid under the second section of this ordinance, and the name of the person liable for such tax. Said reports shall be delivered by them to the city collector, who shall make out and collect said tax bills in the same way the other city tax bills are now collected, and the said officers shall deliver a copy of the same to the auditor. 4. No dog or bitch shall be permitted to go at large in any street, lane or alley in this city, until the owner or keeper thereof shall have paid to the city chamberlain one dollar and twelve and a half cents, for the use of the city, for the first dog or bitch, and five dollars for every dog thereafter. 5. The chamberlain shall grant a license to every person (not herein before prohibited) for his or her dog to go at large, on the payment to the city chamberlain of one dollar and twelve and a half cents for the first and five dollars for each dog over one; which license shall expire on the first day of February next after the same is given. He shall keep a record of all such licenses, and furnish each person taking such license with a medal with the number of such license stamped thereon, (the shape of the medal to be changed each year,) which shall be kept about the neck of the dog attached to a collar, with the owner's name engraved or written thereon. If any person shall attach such medal to the collar of any dog without having obtained such license according to this ordinance, lie shall pay a fine of not less than five nor" more than twenty dollars, and said dog shall be killed. 222 NUISANES. 6. Every unlicensed dog found going at large off the lot or premises of the owner or keeper of such dog, shall be taken and killed as directed by this ordinance; Provided, that any unlicensed dog may be redeemed by his owner or any other person paying to the police officer having the custody of such dog, five dollars for the use of the city, at any time before sunset of the day on which said dog is taken. 7. If any person shall permit any dangerous or vicious animal owned or kept by him or her to go at large with or without a license, he shall be fined not less than one nor more than twenty dollars; and such animal may be killed by order of the mayor, if after twenty-four hours' notice such animal is not removed beyond the limits of the corporation by the owner thereof. No butcher's dog shall appear or be brought into the markets on any account; and any such dog being found at or in any market house in this city shall be taken and considered within the meaning of this ordinance as a vicious animal going at large. 8. If any person shall unlawfully and without necessity kill a licensed dog, not vicious or dangerous, without authority from the owner of such dog, or shall steal or take away such dog with intent fraudulently to deprive the owner or keeper of the use of such dog, he shall be fined twenty dollars. 9. If any person shall suffer his cow or calf to be in any street or public alley of this city in the night time, he may be fined not less than one nor more than five dollars. 10. If any owner or other person having the custody of any horse, mule, swine or goat, shall turn loose or permit the same to go at large in any public street or alley, he shall be fined not less than one nor more than five dollars, and every such hog or goat shall be taken and sold for the use of the city. But nothing in this ordinance shall be so construed as to subject any one visiting the city with his or her dog to any fine or forfeiture for ten days after their arrival; nor to prevent the owner or keeper of any animal (not ANIMALS. 223 vicious or dangerous) from driving it through the streets or alleys in coming into, going from or passing through the city. 11. If any person shall cruelly beat or torture any horse, mule, dog or other animal, whether his own or that of another, he shall, if a white person, be fined not less than five nor more than twenty dollars, if a negro be punished with stripes. 12. The officers of police shall take up and secure hogs, dogs and goats going at large in violation of this ordinance. The mayor may, as often as he sees occasion therefor, require the overseer of the city hands to send through the city as many of the city hands, carts and horses as he may deem necessary, furnished with the fixtures and apparatus provided therefor, and put therein all hogs, dogs and goats so found at large. Such of the police officers as the mayor may direct shall accompany said carts; and any person who shall prevent a hog, dog or goat from being taken under this ordinance by said officer shall pay a fine of not less than one nor more than twenty dollars. Every hog, dog or goat taken up under this ordinance shall be removed to a place of deposit to be provided by the mayor, and any such dog shall be kept until sunset of the day on which he was taken up, unless sooner redeemed. The owner of such dog so taken up may redeem such dog by paying to the police officer having such dog in charge five dollars; but every dog not redeemed shall, under the direction of the mayor, be conveyed beyond the corporate limits at least five hundred yards, and there put to death and buried; and every hog or goat taken up shall be sold at public auction by a police officer for the use of the city, at such time and place as the mayor may direct. 13. Every police officer receiving money for dogs redeemed, or for hogs or goats sold, under this ordinance, shall render to the chamberlain an account thereof, verified by his oath, and shall paythe sum so received to the chamberlain. 224 NUISANCES. NUISANCES NOT IN STREETS. AN ORDINANCE CONCERNING NUISANCES OTHER THAN IN STREETS. 1. What nuisance in canal, &c.-whatl 9, Stove pipe, how to be put up. Pepenalty-who may be fined. By nalty for putting it up otherwise. whom and at whose expense removed. 10. When may set fire to chimney. Pc2. What nuisance on lot of another- nalty. what penalty. 11. How popcrackers, &c., may be sold. 3. When person employing negro to re- What not to be set off or fired in move nuisance may be fined, street or alley-what noise not to be 4. When owner or occupier of lot may made. be fined for nuisance thereon-what 12. Indecent exposure of person. the penalty; 13. When mayor may require owner to 6. When privy shall be removed. take down a building. 6. Slaughter-house,distillerly,nuisances. 14. When lot of nonresident owner may The penalty. be filled up or drained at his expense. 7. When fine for burning a kiln, and 15. Mayor may order nuisance to be what. abated. The time for doing it. Pe8. When unslacked lime to be removed. nalty for failure. 1. Be it ordained by the council of the city of Richmond, That if any person shall put, or cause to be put, into the canal, locks, or dock, or any basin of the James River and Kanawha company, or upon the margin of James River, within the corporate limits of the said city, the carcass of any animal, filth or nuisance of any kind, he shall be fined not less than five nor more than twenty dollars. And the like fine shall be imposed on the said company, if it shall suffer or permit any boat with offensive stagnant water or other nuisance therein, to remain more than twenty-fbur hours in said canal, locks, dock, or basin; and the captain or owner of such boat may also be fined not less than five nor more than twenty dollars. Every such nuisance when suffered to remain as aforesaid by the said company, shall be removed at the expense of the said company, by an officer of the police, or at the expense of the person so putting or causing it to be put, if he be free and known, otherwise at the expense of the city. 2. If any person shall put or cause to be put into any NUISANCES NOT IN STREETS. 225 cellar or house, or upon any other private property, not owned or occupied by him, any filth or nuisance of any kind, he shall be fined not less than one nor more than twenty dollars. 3. If any person shall employ a negro to remove from any house or lot, or any other place, any filth or other nuisance, and such negro shall put or cause the same to be put into or upon any land or place mentioned in either of the preceding sections, the person sb employing such negro shall be fined not less than two nor more than twenty dollars. And such negro shall be punished by stripes. 4. If any person shall have or suffer any noxious, unwholesome or offensive matter, stagnant water or nuisance of any kind, in any house or cellar, or upon any other private property owned or occupied by him, he shall be fined not less than one nor more than twenty dollars; provided, however, that if any such nuisance be caused or arise from the want of proper and sufficient draining, the occupier of any lot or tenement, if he be not the owner thereof, shall not be fined for such nuisance, if immediately after the existence of the same he give notice thereof to the owner; and unless, after such notice, the owner abate or remove such nuisance by proper and sufficient draining, or otherwise, within such time as the mayor or justice may prescribe, he shall be fined not less than five nor more than twenty dollars. 5. Upon the complaint of any citizen, or information given by any police officer, to the mayor or other justice, that a privy is so placed as to be offensive, he may, upon summons returned executed against the owner, order such privy to be removed. 6. If any person shall erect, have or keep any slaughterhouse or distillery in this city, he shall on proof thereof be held guilty of a nuisance, and be fined not less than five nor more than twenty dollars for each day the said nuisance shall continue. 29 226 NVISANCES. 7. If a person shall, within two hundred feet of a dwelling house, without permission of the owner or occupier thereof, burn any lime kiln, brick kiln, or any other kiln, he shall pay a fine of not less than one nor more than five dollars for every hour the same may be burning. 8. On complaint to the mayor that unslacked lime has been stored on premises within fifty feet of any house in this city, he shall issue a warrant, directed to three freeholders, to examine the said premises. If they deem it dangerous that the lime should be stored on said premises, the owner or occupier shall remove the same within twelve hours after being notified thereof. If he shall fail so to do he shall pay a fine not exceeding ten dollars; and for each hour thereafter that the same continues to be stored, he shall pay a fine of not less than two nor more than twenty dollars. 9. A stove pipe passing in or through a floor, partition, roof or side of a house, shall be enclosed the whole of such passage in earthen ware or mortar or tin casing filled with sand, and if passing through a window, shall be enclosed with tin or sheet iron; it shall extend two feet beyond the roof or side of the house, and if through the side of the house, it shall be capped with a cross pipe at least eighteen inches long; and no stove pipe shall project into a street. If any person put up, construct, or use in any building in this city, any stove pipe otherwise than according to and in conformity with the foregoing directions and regulations, he shall be fined not less than five nor more than twenty dollars; and each day that the same shall continue shall be a distinct offence, and punishable as such by a fine of twenty dollars. 10. If any person shall put fire to a chimney to clean it, except in the daytime, and whilst the roof of the house to which it is attached is well covered with snow, or whilst it is raining, and the roof thoroughly wet thereby; or if the chimney of any house shall take fire from not having been NUISANCES NOT IN STREETS. 227 properly cleaned, the occupier of any such house shall be fined not less than two nor more than five dollars. 11. If any person shall sell, or expose for sale in this city, any torpedos, popcrackers, squibs, or other fire-works, of any kind whatever, except in packages containing each at least one hundred, or shall without permission in writing from the mayor, discharge, or set off, in any street or alley of the city, any, balloon, rocket, torpedo, popcracker, fireworks or any combination of gunpowder, or any other combustible or dangerous material; or if any person shall, except under the fortieth section of the ordinance concerning streets, without necessity fire or discharge in this city any cannon, gun, pistol, or other fire-arms of any kind, or shall make therein any unusual noise, whereby the inhabitants thereof may be alarmed, or raise or fly a kite in this city, or if any auctioneer shall use any bell or herald to notify the public of any sale, except of real property, every such person herein offending, shall pay a fine of not less than one nor more than twenty dollars. 12. If any person shall by swimming, bathing, or in any otherwise, indirectly expose his person, or any part thereof, to the public view, or cause any person so to do within this city, he shall be fined not less than one nor more than twenty dollars. 13. If, after the council, on the petition of the owners of not less than two-thirds of the ground included in any square in the city, shall have prohibited the erection in such square of any building, or of any addition to any building more than ten feet high, (unless the outer walls thereof be made of brick and mortar or stone and mortar,) it be alledged by any officer of police, or any citizen, to the mayor or any other justice, that any person has erected any building or addition contrary to such prohibition, the said mayor or justice shall have the said person summoned before him; and upon proof that a building or addition has been erected contrary to such prohibition, shall order himn to re 228 NUISANCES. move the same. And if it be alleged in like manner to the mayor or any other justice, that any building or wall of any kind bath become dangerous to citizens or to adjoining property by dilapidation or otherwise, he shall in like manner have the owner thereof or his agent summoned before him; and upon proof that the said building or wall, or any part thereof, is dangerous as aforesaid, shall order the said owner or agent to remove or repair the same, or so much thereof as is dangerous as aforesaid. 14. Upon its being alleged by a citizen or any officer of police, to the mayor or any other justice, that ground in the city owned by a non-resident thereof, and not occupied by any person residing thereon, is subject to be covered by stagnant water, or that such owner permits or suffers any offensive or unwholesome substance to accumulate or remain thereon, reasonable notice of such allegation shall be given by the said mayor or justice to the said owner or his agent, if any he has; and in case he has no such agent, by publication for not less than four weeks in a newspaper printed in said city. The said mayor or justice shall communicate to the council the fact of such allegation and notice, that they may cause such ground to be filled up, raised or drained, or to cause such substances to be covered or removed therefrom, and to collect the expense of so doing from the owner or owners, occupier or occupiers, or any of them, by distress and sale, in the same manner in which taxes levied upon real estate for the benefit of said city are authorized to be collected. 15. In every case arising under this ordinance, except under the 14th section, the mayor, in addition to any fine he may impose, may in his discretion order the nuisance complained of to be abated or removed, whether specially so directed or not, and shall prescribe the time within which such order shall be executed; and, if any person shall, after notice of such order, fail or refuse to obey the same within the time prescribed, (not in any case to exceed ten days,) he NUISANCES NOT IN STREETS. 229 shall be fined not less than ten nor more than twenty dollars for each day that such nuisance shall thereafter exist or remain; and he may moreover cause such nuisance to be abated at the cost of the person offending. If such cost shall not exceed twenty dollars, he may issue execution therefor against the goods and chattels of the offender for the use of the city; and when such expense shall exceed twenty dollars, an account thereof shall be filed by the mayor with the chamberlain, who shall proceed forthwith to collect the same by suit for the like use. POOR. THE POOR. AN ORDINANCE CONCERNING THE POOR. 1. When overseers of the poor appoint- 5. Board may prescribe regulations, ed-their term of office-when they and recommend measures to council. may be removed. 6. Board, in matters not provided for, 2. When and where annual meeting to be governed by the statute. shall be held. 7. Compensationofoverseers. How that 3. Who overseers may employ. and expenses paid. 4. What paupers to be made to work. 8. Payments, how limited. 1. Be it ordained by the council of the city of Richmond, That there shall be appointed by the council annually at its stated meeting in June, or as soon thereafter as practicable, one overseer of the poor for each ward of the city. The term of office of the present, as well as of any future overseers, shall continue until their successors are appointed. The council may at any time remove from office any overseer, and may fill any vacancy in such office occasioned by removal, death or resignation. 2. The third Monday of June shall be the day, and the poor house the place for an annual meeting of the overseers. 3. The board of overseers may employ physicians, nurses and servants, who, and the manager also, shall receive such compensation as the board may deem reasonable. 4. All persons kept at the poor house who are able to work shall be made to do so. 5. The board may prescribe regulations for the government of the several overseers, and discipline for the poor house and the persons therein. The board, if at any time in its opinion further provision by the council be necessary THE POOR-BEGGARS. 231 to carry into effect the preceding section, or to promote better discipline, shall make report to the council on the subject, with a recommendation of such measures as may seem to it advisable. 6. In respect to all matters not specially provided for in this ordinance, the proceedings of the board and of the several overseers shall be accotrding to the 51st, 126th, and other chapters of the Code of' Virginia. 7. Each overseer shall be paid five dollars for every day's attendance at the board, provided that no overseer shall receive more than one hundred dollars a year. The same and all other expenses of the poor shall be paid out of the city treasury, on a copy of the order of the board certified by its clerk, and endorsed by the president of the board; or when expenses are authorized by the regulations mentioned in the fifth section, upon the draft of an overseer. 8. What is paid on account of such expenses within the year ensuing that for which the report is made, shall not exceed the amount which, according to the said report, the overseers will require within such year, unless by a resolution of the council more be specially appropriated. BEGGARS. AN ORDINANCE TO PREVENT PERSONS FROM GOING ABOUT BEGGING, OR STAYING IN ANY STREET, OR OTHER PLACE TO BEG. Police officers to inform overseer of the poor of persons begging. Be it ordained by the council of the city of Richmond, That it shall be one of the duties of the police officers of the city to give to some overseer of the poor such information in relation to every person going about begging, or staying in any street, or other place to beg, as will enable such overseer to proceed in the case, according to chapters 51 and 126 of the Code of Virginia. ED U C A T I ON. INDIGENT CHILDREN. AN ORDINANCE CONCERNING THE EDUCATION OF INDIGENT CHILDREN. O1 Trustees of Lancasterian school- 8. Committees may subscribe to schools; when and how appointed-how re- to what extent. moved. 9. Committee to choose chairman2. Trustees to appoint officers and teach- meetings, how called; payments, how ers, and fix compensation. made. 3. Rules in force to continue. How 10. Committees to visit schools. changed. 11. Committees to report annually; what 4. Appropriation to Lancasterian school, it shall contain. to male and female orphan asylums. 12. Lancasterian school to be a high 6. Primary schools-annual appropria- school. tion. 13. Trustees to revise rules-to report to 6. Committees of primary schools-how the council-what subject of report. and when appointed. 14. Trustees shall have a public exami7. The council to divide appropriation nation annually. among the wards. Committees to 15. What scholars recommended to visicontrol it, purchase books, select tors of University, and by whom. teachers. 16. How vacancy in committee filledwhen they shall report. Whereas, all the interest, rights, powers and duties enjoyed and exercised by the subscribers to the Richmond Lancasterian school, or by the board of trustees for said school, as organized under the act of incorporation passed 22d of February 1816, were, by an act passed on the 10th day of January 1834, transferred to and vested in the common council of the city of Richmond, with power to the council to pass laws, ordinances, rules and regulations for the proper government of said school. 1. Be it therefore ordained by the council of the city of Richmond, That the trustees which under the second see PRIMARY SCHOOLS. 233 tion of the said act, and the twenty-fifth section of the act to revise and amend the charter of the city, the council has power to appoint for the management of the said school, shall be elected annually at the stated meeting of the council in the month of April, or as soon thereafter as practicable, and continue in office until their successors are appointed. The council may at any time remove any of the said trustees from office, and fill any vacancy in such office occasioned by removal, death or resignation. 2. A majority of the trustees shall constitute a quorum for the transaction of business. They shall appoint a President and secretary, and may allow the latter a compensation not exceeding fifty dollars a year. They shall appoint a superintendent, assistant, and other teachers, and fix their comp)ensation, except that the salary of the assistant shall be $ 400; and they may authorize other disbursements. Such compensation and disbursements shall be paid by the auditor upon the order of the board of trustees for such payment, attested by their secretary, provided the amount thereof does not exceed the annual appropriation to and other income of the said school. 3. The rules And regulations for the management of the school which are now in force shall, so far as is consistent with this ordinance, continue in force until altered, repealed or modified by the trustees, with the approbation of the council. 4. There shall be paid annually to the order of the board of trustees of the Lancasterian school, the interest on the two thousand one hundred and fifty dollars of the stock purchased with the money received under a decree of the superior court of chancery for the Richmond circuit, made on the 27th day of February 1849, in the case of the Lancasterian school and the mayor of Richmond vs. Blair's executors and others, and two-thirds of the interest or dividends of the stock or certificates which have been purchased with the proceeds of the property devised by Whitaker Shadforth, 30 234 EDUCATIOx. and a further sum not exceeding sixteen hundred dollars. There shall be paid annually to the order of the trustees of the female humane association of the city of Richmond onethird of the interest or dividends of the stock or certificates which have been purchased, with the proceeds of the property devised by Whitaker Shadforth, and the further sum of four hundred and twenty dollars; and there shall be paid annually to the Richmond male orphan society five hundred dollars. 5. The sum of twenty-three hundred dollars is hereby annually appropriated as a fund for primary schools for the education of indigent children in the elementary branches of knowledge. 6. At the first regular meeting of the council after this ordinance takes effect, and afterwards upon every annual organization of the council, or as soon thereafter as practicable, there shall be appointed by the council from each ward three persons, of whom two shall be members of the council, and the other one a member of the council or citizen. The three so appointed from any ward shall be a committee on primary schools for such ward. 7. When the said ward committees are appointed, or as soon thereafter as may be, the council shall apportion among the several wards the money appropriated to primary schools for the year. The said committees may regulate for their respective wards the purchase and distribution of books, stationery and other things for the use of the schools, the selection of the teachers, the number of indigent children to be taught in each school, and the rate at which their tuition shall be paid for. 8. The committee for each ward may subscribe to schools in their ward for such tuition of indigent children as they shall think proper, at'the rate allowed by the committee, so that the aggregate of what they subscribe, and the purchases of books, stationery, and other things for the use of PRIMARY SCrOOLS. 235 the schools in said wards, shall not together exceed said ward's portion of the fund. 9. Each of said ward committees shall choose a chairman and give notice thereof to the auditor. Any member of the committee may call a meeting thereof. Payments may be made out of the treasury of the city, upon an order of said committee signed by the chairman, or in his absence from the meeting, by the member presiding, not exceeding the amount appropriated to said ward. 10. The committee for each ward shall at least once in every three months visit the primary schools therein, examine or inquire into the character and qualifications of the teachers, and the conduct and progress of the pupils, and note such as on account of their proficiency and good conduct should be educated in a high school. 11. The committee for each ward shall for each year make a report, showing, as far as practicable, the number of the indigent children within such ward, the number of schools, and names of the teachers therein for such children, and the number of children educated in each of said schools, and stating the committee's receipts, disbursements and proceedings. 12. The Richmond Lancasterian school shall be a high school for the education of those whom the committee for any ward may, under the tenth section, note on account of their proficiency and good conduct, and a school for the education of such other children as may be received therein, under the rules and regulations for its management which may hereafter be in force. Said committee shall cause information to be promptly given to the superintendent of the high school of all so noted. 13. The trustees of the Lancasterian school shall revise the rules and regulations for its management, and submit to the council for its approbation such rules and regulations as they may deem proper, to elevate the character of the school 236 EDUCATION, according to the intent of the preceding sections. The said trustees shall make report annually of the number of children educated in said school, showing the largest and the smallest number on any one day, and for each month the average number on each school-day of said month, stating the number of males separately from the number of females; the names of the teachers in said school; their compensation respectively; the branches of knowledge which they each teach; the condition of the school and what is wanted to make it operate more beneficially; the said report shall also show the receipts and disbursements for the year. 14. The trustees of the Lancasterian school shall have a public examination annually of the children taught in said school, and appoint to superintend said examinations five citizens. 15. If, of the scholars educated at the Lancasterian school (above the age of seventeen,) there be any who, with reference to his character, capacity, and the inability of the parent or pupil to furnish the means of education, ought, in the opinion of the superintendent or of the trustees, to be an applicant to be educated at the University of Virginia without charge, the superintendent, with the approbation of the trustees, shall cause testimonials on his behalf to be presented to the visitors and faculty of the University, according to the sixth section of the seventy-ninth chapter of the Code of Virginia. The names of those for whom application is so made to the visitors and faculty, shall be mentioned in the annual report of the trustees. If in any case the trustees should deem it proper that an appropriation should be made by the council to obtain for any applicant the benefit contemplated by the said sixth section of chapter 79, they shall recommend to the council in every such case such sum to be appropriated for this purpose as the said trustees shall deem advisable. 16. Any vacancy in either of the committees appointed un PRIMARY SCHOOLS. 237 der this ordinance may at any time be filled by the council. The annual reports required from said committees and from the trustees of the Lancasterian school, shall be for the year ending the thirtieth day of September, and shall be returned to the clerk of the council annually before the stated meeting of the council in November. OFFICER S. ATTORNEY, CLERK AND SERGEANT. AN ORDINANCE CONCERNING THE ATTORNEY, CLERK AND SERGEANT APPOINTED BY THE HUSTINGS COURT. 1. What shall be paid to the attorney,i 2. Attorney for the commonwealth, atclerk and sergeant. torney for the city-his duties, 1. Be it ordained by the council of the city of Richmond, That there shall be paid to the attorney appointed to prosecute for the commonwealth in the court of hustings for said city, what the said court, under the 7th section of chapter 165 of the Code of Virginia, shall hereafter, from time to time, allow the said attorney for his public services, and there shall be paid to the clerk of said court and the sergeant of said city what the said court may, from time to time, allow to them respectively under the 36th section of chapter 184 of said Code. Whenever the sergeant, under any law of the State, appoints a deputy to hold an election or employs writers to enter names in the poll books, the sergeant out of what is so allowed him for his services to the public and the city, shall pay such deputies and writers in like manner as the sheriff of a county out of his allowance pays deputies and writers employed by him. 2. Until it is otherwise provided, the attorney so appointed to prosecute for the commonwealth, may act in other matters as attorney and counsel for the city. As such he shall give his opinion and advice, in writing, when required to do so by the council, or by any committee thereof, or by any ATTORNEY, CLERK AND SERGEANT. 239 officer appointed by the council; and he shall appear as counsel for the city in any civil case in which it is interested, depending in any court in Richmond; and shall perform such other duties as are or may be, required of the attorney for the city by any ordinance or resolution. Annually, on or before the 31st day of December, he shall deliver to the clerk of the council, to. be laid before the council, a report of the state and condition of the civil cases in which the city is interested that are so depending. The said attorney shall, in every year, on the first day of January and first day of July, or as soon thereafter as practicable, render to the chamberlain an account of his services, under this section, within: the preceding six months, so stated as to show what he considers will be a reasonable compensation therefor which account shall, without special order, stand referred to the committee of finance to report thereon. Whatever the council, after the report of the committee, may allow for said services shall be paid by the chamberlain. THE CORONER. AN ORDINANCE CONCERNING THE CORONER OF THE CITY. 1. Room to be provided for coroner. 4. The compensation of coroner where 2. On what cases coroner shall report inquest. to council. 5. When coroner shall have dead body 3. The compensation of coroner where buried. no inquest. 1. Be it ordained by the council of the city of Richmond, That a room with the necessary furniture and fixtures shall be provided under the direction of the committee on police, to be under the control and management of the coroner of the city, for the use of the said coroner in taking inquests, 240 OFFICERS. and in the making of post mortem examinations, and discharging any other duties of his office. 2. That the coroner be directed to report semi-annually to the council all cases in which he shall be called upon to examine a dead body, and shall examine the same; stating the nature of the case and the apparent cause of the death. 3. That for all cases in which the coroner shall be called upon to examine a dead body, and shall examine the same, but shall not consider it a proper subject for an inquest, he shall be entitled to a fee of five dollars for each case. 4. When an inquest is held over a dead body, in addition to the fee allowed by law, when the inquest is prolonged in consequence of -want of or search for witnesses, &c., he shall be allowed a per diem of $5 while actually engaged in such inquest. And whenever the coroner shall deem a post morterm examination necessary, and the same is made, he shall be allowed the sum of twenty-five dollars for such post mortem examination, whether made by himself, if he is a physician, or some other physician; and this allowance shall be in full of any allowance by the hustings court of the city for this object: and any such allowance shall be paid by himself. 5. Where the coroner is called to see a dead body, and there are no friends of the deceased who will bury the same, he shall have the body decently buried, and shall be allowed the reasonable expenses attending said burial. But this section shall not apply to cases provided for by the ninth section of chapter 202 of the Code. THE GAUGER. 241 THE GAUGER. AN ORDINANCE CONCERNING THE GAUGER. 1. What liquors to be gauged, and how 6. Gauger may appoint deputies. Liable casks marked. for them. 2. Penalty for selling before gauged, 6. Gunter's scale to be used. for altering or putting on marks. 7. The compensation for gauging-by 3. When merchant may sell. whom paid. 4. Gauger not to sell articles to be 8. When gauger shall return account to gauged. chamberlain-and what. What he shall publish-penalty for failure. 1. Be it ordained by the council of the city of Richmond, That when spirituous liquors, wine, oil, molasses, vinegar, spirits of turpentine and burning fluid in casks, are brought to, or manufactured, or rectified in this city, to be sold therein, either by wholesale or retail, the same before being sold shall be submitted to the gauger, who shall gauge and inspect each cask, ascertain the proof of the spirits, the capacity of each cask, and shall, with irons to be kept by him for the purpose, mark on each cask near the bung the capacity in gallons and fractions of gallons, and the proof of the spirits, and on the head, with chalk, the capacity and ullage. And if the gauger deem it necessary, he shall stop up the bung of the cask, and make a new one in such part as shall appear to him most likely to obviate the malconstruction of the cask. 2. If any person violate the preceding section, or if any person alter the mark put on the cask by the gauger, or shall, on any cask which has not been gauged and inspected, put a mark similar to, or in imitation of the gauger's mark, every such person shall for each offence pay a fine of not less than five nor more than twenty dollars. 3. This ordinance shall not prevent a merchant from selling in this city any of the said liquors as heretofore, after the same shall have been once gauged and inspected therein. 31 242 OFFICERS. But no person shall sell or refill any empty cask on which the gauger has put his mark, until the mark denoting the proof shall be completely obliterated. Any person violating this section, shall pay a fine of not less than two nor more than ten dollars. 4. The gauger shall not during his continuance in office vend any of the articles required by this ordinance to be gauged. 5. The gauger may appoint one or more deputies, who, after being approved by the council, and taking an oath faithfully to discharge the duties of the office, may discharge any of the duties of his principal. But the principal shall be liable therefor, and such deputy may be removed from office at any time by his principal or by the council. 6. For the purpose of more accurately ascertaining the capacity of every cask, containing the liquids enumerated in the first section, the gauger and his deputies shall make use of the scale known as Gunter's scale. 7. The person submitting any cask of spirituous liquors, wine, oil, molasses, vinegar, spirits of turpentine or burning fluid, to the gauger, shall pay him for ascertaining the proof or gauging and marking the cask, ten cents for each and every cask over sixty gallons, and seven cents for each and every cask under sixty gallons. 8. Semi-annually, on the first day of January and the first day of July, the gauger shall return to the chamberlain an account, verified by his oath, of the number and description of casks gauged by him' within the preceding six months, and of the fees charged or received by him within that time, by virtue of his office. He shall also cause to be published, at his cost, in a newspaper, a statement of the number and description of casks mentioned in said accounto If he fail for ten days to return such account, and have such publication made, he shall pay a fine of twenty dollars; and every subsequent ten days that the failure continues shall be a distinct offence. THE SURVEYOR. 243 SURVEYOR. AN OIRDINANCE CONCERNING THE SURVEYOR OF THE CITY. 1. Duties and compensation of surveyor. 3. Cost of books procured-how paid. 2. Where he shall keep his office, and when he shall be in it. 1. Be it ordained by the council of the city of Richmond, That the duties of the city surveyor shall be the same within the city as those of a county surveyor in a county, as prescribed by the laws of the State. For any service performed by him in the city, by virtue of his office, he may charge the party at whose instance such service is performed, at the rate, for each hour necessarily taken by him, of one dollar and fifty cents for the first hour, and of one dollar for each succeeding hour so taken; and when he performs a service, the whole fee for which, at this rate, would be less than one dollar, he may charge therefor one dollar, instead of at the rate aforesaid. What is allowed in this section to the surveyor, shall be deemed full compensation, not only for his own services, but also for the services of any chain carrier or assistants that he may employ. 2. The city surveyor shall keep his office in such place in the city as the council may designate. His books of record and other official papers shall be kept in his said office. He shall reside in the city, and be in his office at least one hour each day; Sundays, Christmas-day, the 1st day of January, the 4th of July and 22d of February, excepted. 3. The cost of any books procured by the surveyor of the city shall be paids for by the auditor when directed by the council. PISLOL GALLERY. PISTOL GALLERY. AN ORDINANCE CONCERNING GALLARIES FOR PISTOL PRACTICE. 1. How, and on what terms pistol gal- 2, Not to be opened without licensee lery opened. 1. Be it ordained by the council of the city of Richmond, That any person by special license from the council, may open a gallery for pistol practice within the city, upon such terms and conditions as said council may deem proper. 2. If any person, without such special license, shall open a gallery for pistol practice within this city, he shall pay a fine of four dollars for each day the same shall be opened. MILITARY. VOLUNTEERSo AN ORDINANCE CONCERNING THE FIRST REGIMENT OF VIRGINIA VOLUNTEERS. 1. Sum to be paid Colonel Va. volun- 2. Sum to be paid each company. teers. I 1. Be it ordained by the council of the city of Rtichmond, That there shall be annually paid to the colonel or come mander of the First Regiment of Virginia volunteers the sum of five hundred dollars; the same to be paid quarterly. 2. That there shall be paid to each of the volunteer companies of said regiment the sum of one hundred dollars a year in quarterly payments, upon the captains producing to the auditor a certificate in writing from the adjutant of the regiment, that at the regular regimental parade next preceding the said quarter day his company mustered the minimum number of men required by law. M ISD E EA NOR S. TRESPASSES AND INJURY TO PROPERTY. AN ORDINANCE CONCERNING TRESPASSES AND INJURY TO PROPERTY. Penalty for destroying or injuring, what buildings or trees. Be it ordained by the council of the city of Richmond, That if any person shall wilfully destroy, injure, or in any manner deface any church or other house of public worship, or other public building in this city, belonging to this city or State, the county of Henrico or the United States, or any enclosure thereof, or any tree or plant set on the outside of any such enclosure appertinent thereto, or shall wilfully destroy, injure or deface any tree, shrub or other thing within any such enclosure, he shall, if a white person, be fined not less than two nor more than twenty dollars; and if a negro, shall be punished by stripes. And if any person other than the owner shall wilfully destroy, injure or deface any other house or building not his own, or the enclosure around any other lot not his own, or any tree, shrub or flower within the same, he shall be punished by like fine if white, and if a negro, by stripes; and this ordinance, with the assent of the Governor, shall apply not only to the capitol square and the government house, but to all other enclosed gorounds and buildings in this city belonging to the commonwealth, and to the enclosures thereof, and the trees, shrubbery, anrld other things therein.*`Assented to by the Governor of Virginia, Marchll 26th, 1859. TIPLING HOUSESo 247 TIPLING HOUSES. AN ORDINANCE CONCERNING TIPLING HOUSES. Penalty for selling spirits to be drank where sold. Be it ordained by the council of the city of Richmond, That if any person shall sell by retail to a free person in this city any wine, brandy, whiskey or other ardent spirits, or a mixture thereof, to be drank at or in the house, or other place where sold, without a license to keep an ordinary at the said house or place, he shall be fined not less than five nor more than twenty dollars, if a white person, or if a negro, may, in the discretion of the justice, be punished by stripes. STATUTE. ENACTING AND REPEALING STATUTE. AN ORDINANCE TO FIX THE TIME FOR THE COMMENCEMENT OF THE FOREGOING ORDINANCES, AND TO REPEAL OTHERS. Passed June 13th, 1859. 1. Be it ordained by the council of the city of Richmond, That the foregoing ordinances, as they have been hereinbefore amended and printed, shall be in force from and after this day; and all ordinances and parts of ordinances, of a general nature, in force at the time of passing this ordinance, (except the ordinance amending the ordinance imposing taxes for the support of the city government,) and not included in the foregoing ordinances, shall be repealed from and after this day, with such limitations and exceptions as are hereinafter expressed. 2. Such repeal shall not affect any offence or act committed or done, or any penalty or forfeiture incurred, or any right established, accrued or accruing, or any prosecution or proceeding pending, at or on this day, except that when any penalty, forfeiture or punishment is mitigated by the provisions of the foregoing ordinances, such provisions may, with the consent of the party affected, be applied to any judgment to be hereafter pronounced thereon. AP PEN ID IX. AN ORDINANCE TO AMEND AN ORDINANCE ENTITLED AN ORDINANCE CONCERNING THE POWERS AND DUTIES OF THE ASSESSOR OF THE CITY TAXES. [ Passed June 20th, 1859.] Compensation of assessor increased. Be it ordained by the council of the city of Richmond, That the thirty-fourth section of the ordinance concerning the powers and duties of the assessor of the city taxes be amended in the sixth line thereof, by striking out "six hundred" and inserting in lieu thereof "seven hundred and fifty;" and that the said section be further amended in the last line thereof, by striking out "six hundred " and inserting in lieu thereof " seven hundred and fifty." AN ORDINANCE CONCERNING TAXES ON INSURANCE AGENCIES. [ Passed June 20th, 1859. 1. Agent not to transact business with- 6. How long license to run. Chamberout license. Penalty. lain's fee for issuing license. 2. License to be issued, on what pay- 7. How agent may have license under ment, and for what term. When former ordinance cancelled, and new licensed, person may act for one or license issued. more companies. 8. Repealing clause. What licenses ex3. Class taxes. cepted from repeal. 4. How classes determined. 9. Commencement. 5. How person wishing to commence the business may proceed. 1. Be it ordained by the council of the city of Richmond, That no agent or sub-agent of any insurance company or 32 250 APPEND1Xo office incorporated or authorized by another State, or whose principal office is located out of the city, shall establish or keep any office, or transact the business of his agency within this city, without obtaining from the chamberlain a license therefor. Any person violating this section shall pay to the city a fine of not less than five nor more than twenty dollars; and each day on which there is such a violation shall be a distinct offence. 2. Upon the payment to the chamberlain of the tax hereinafter prescribed, he shall issue to any such agent or subagent a license authorizing him to conduct the business of agent or sub-agent of such insurance offices in the city until the first day of the next month of June; and this license shall authorize him to act as agent or sub-agent for one or more insurance companies. 3. Such agents and sub-agents shall be divided into six classes, and shall pay a license -tax; if in the first class of $1,000, if in the second class of $750, if in the third class of $500, if in the fourth class of $300, if in the fifth class of $200, and if in the sixth class $100. 4. Every person applying for such license shall deliver to the chamberlain a written statement, on oath, of the amount of premiums received on account of insurance effected at his office, for twelve months previous to the first day of June in each year; and if the said premiums shall be seventy-five thousand dollars or more, he shall be placed in the first class; if they shall be less than that sum, and not less than fifty thousand dollars, he shall be placed in the second class; if they shall be less than that sum, and not less than forty thousand dollars, he shall be placed in the third class; if they shall be less than that sum, and not less than thirty thousand dollars, he shall be placed in the fourth class; if they shall be less than that sum, and not less than twenty thousand dollars, he shall be placed in the fifth class; and if they shall be less than twenty thousand dollars, he shall be placed in the sixth class. TAXES ON INSURANCE AGENCIES. 251 5. Any person who desires to commence the business of agent or sub-agent of an insurance company or office, for which a license is hereinbefore required to be obtained, may apply to the council, which shall determine the class in which he shall be placed, and upon paying to the chamberlain the tax assessed upon his class, shall receive a license as in other cases. 6. Licenses under this ordinance shall be until the first day of June, unless sooner revoked. The chamberlain may demand from any person receiving such license a fee therefor of one dollar. T. Any agent or sub-agent of an insurance company, who under the existing ordinance has obtained a license for conducting his agency, the time of which has not yet expired, may upon settling with the chamberlain, and paying what is due from him up to the first of the present month of June, have said license cancelled, and may obtain one under this ordinance; but if he shall fail or refuse to do so, this ordinance shall not apply to him until his said license shall expire. 8. The ordinance entitled an ordinance concerning insursurance offices is hereby repealed, except as to licenses which have been granted under it, and which the parties shall fail or refuse to cancel; and as to such, the said ordinance shall continue in force until such license shall expire, and no longer. 9. This ordinance shall be in force from its passage. 252 APPENDIX. FINES AND PUNISHMENTS. AN ORDINANCE CONCERNING FINES AND PUNISHMENTS. [Passed 11th June, 1859.] 1. Fines for the use of the city. 4. Number of stripes not to exceed thir2. How minors and married women pro- ty-nine. secuted for violation of ordinances. 5. Fines not paid, execution to issue. 3. How negro to be prosecuted and 6. Report and payment of fines. punished, 1. Be it ordained by the city council, That fines and penalties for the violation of any ordinance of. the city, or any order of the mayor or other justice, given in pursuance of any ordinance, shall be recoverable by prosecution before the mayor, and when recovered, shall inure to the use of the city and be paid to the chamberlain, except in cases where it may be otherwise expressly provided. 2. Minors shall be prosecuted for breaches of ordinances in the same manner and to the same effect as adults; and if the minor be not an indentured apprentice, the fine may, in the discretion of the mayor or other justice, be imposed either on the minor or on his father or guardian; and if the offender be an indentured apprentice, upon the master or Rpprentice. For any violation of an ordinance by a married woman, the prosecution shall be against her husband, and the fine imposed on him. 3. Whenever by ordinance a fine is imposed, and the offender be a slave, the prosecution shall be against such slave, and when punishment by stripes is not specifically imposed, the master or employer of such slave may also be served with process to answer for the offence, and the mayor or other justice may in his discretion render judgment against the master or employer for the specified fine or penalty, or against the slave (whether the master or employer FINES AND PUNISHMENTS. 253 be served with process or not) for the infliction of so many lashes, not exceeding thirty-nine, as the mayor or other justice may award. And if the offender in such case shall be a free negro, the mayor or other justice may in his discretion render judgment against him for the specified tinie, or for the infliction of stripes. 4. In no case shall more than thirty-nine stripes be inflicted in any one day upon the same offender, though he may have committed and been convicted of more than one offence. 5. When judgment shall be rendered for any fine under an ordinance, and the same be not immediately paid, the mayor or other justice rendering the same shall issue execution thereon, to be levied of the goods and chattels of the person against whom such judgment is rendered, directed to any police officer of the city, returnable within fifteen days before the justice issuing the same. The officer who may levy such execution shall sell the property thereby taken, at public auction, for cash, at one of the market-houses in the city, after three days' notice of the time and place of sale published in one of the daily papers printed in the city, to satisfy said execution, and all costs attending the levy and sale thereof. 6. On the first day of every January, April, July and October, the mayor shall return to the chamberlain an account of fines imposed by him within the preceding three months. On the same day each officer of the police shall render to the mayor an account of the fines collected by him within the said three months, so made out as to show the date of the judgment for each fine, whom against, and the amount thereof, with a statement subjoined of what the officer may have paid during the same three months for supporting persons in the watch-house, or in the discharge of any official duty. And the said officer shall make oath before the mayor that the account is correct. When there shall have been filed with the chamberlain the account, 254 APPENDIX. with a certificate from the mayor of the fact of such oath, and that the account is correct, to the best of his knowledge, the chamberlain shall receive from the officer rendering such account the balance appearing thereby. If there be a failure on the part of any officer for more than three days to file with the chamberlain such an account and certificate, or to pay such balance, the chamberlain shall report the fact to the mayor. IN D EX. ACADEMY. Council may provide for weighing live stock, 30 Building belonging to incorporated Ordinance concerning animals, 220-23 academy exempt from taxation,. 71 Slave not to raise or keep hog or dog. Penalty and forfeiture for so AGRICULTURAL PRODUCTS. doing.. 220 Tax on hogs. Exceptions,. 220 Person not subject to license tax upon Assessor to register and report hogs sales of agricultural products or and dogs. Police officers to report stock of his own raising, or pur- monthly to collector, &c., 220, 221 chases for his own use,.. 67 Who to grant license; when to expire. Medal for licensed dog,.221 ALDERMEN. Unlicensed dogs going at large, to be killed, if not redeemed,. 222 Members of court of hustings, 3, 8, 41 Dangerous or vicious animals not to For election, powers and duties as go at large. Butcher's dog not to members of court, see Court of go into market house,... 222 H ust1ngs. Penalty for killing or stealing licensThe aldermen have powers of jus- ed dog,.222 tices,.3, 42 For suffering cow or calf to go at For some of these powers, see Jus- large at night,. 222 tice of the Peace. What other animals not to go at Senior alderman, how to be elected, 8 large. Exceptions,. 222 Vacancy in the office, how to be Cruelty to animals, what fine or punfilled, 9 ish ment,.223 Jurisdiction as to fines and claims, 17, 45 Police officers to take hogs, dogs and When senior alderman to act as goats going at large. What to be mayor,... 17, 44 done with them,. 223 First election of aldermen under re- To account for money received by vised charter, how to be made,. 19 redemption or sale of such aniHow aldermen elected under old mals,.. 223 charter, and who eligible,... 24 Keeper of ordinary not eligible,. 24 APPROPRIATION OF MONEY. Commencement and duration of service,. 26 Resolution for, not to be passed by Vacancy, how filled,. 27 council the day it is introduced,. 51 Oath of office to be taken; effect of failure,. 27 ARCHITECT AND DRAFTSMAN. If constitutionality of by-law, &e., involved, what appeal from alder- Engineer of city to be architect and man's decision, and how obtained, 45 draftsman,.. 18(1 Ordinance prescribing oath of office, &c.,.48 ARDENT SPIRITS. Compensation of aldermen,.. 48 See Justice of the Peace. See Spirituous Liquors, Wines, &c. ANIMALS. ASSESSOR. Hogs, dogs, &c., may be prevented To be elected, when, where, and for firom running at large in city, 12, 36 what time, 4, 37 Negroes may be prohibited from rais- What conductors to certify,. 7 ing hogs or keeping dogs,. 12, 36 Council to ascertain who is elected, 7 256 INDEX. And to notify him, o 8 He shall assess value of property, exIncumbent to continue till successor cept slaves,. 71 qualifies, 8 What list assessor shall make off, In what cases new election ordered, 8 and to whom deliver it,. e 71 Vacancy, how filled, 9 What land exempt from assessment, 71 Council to determine powers, duties How assessor's books to be kept,. 72 and pay of assessor,. 17 Assessor's property, how charged,. 72 May require official bond and fix the Fine for not giving list. How assespenalty,.17 sor shall then fix value,.. 72 May remove him from office, for List not obtained in time, how eno what cause,. 18 tered next year,.... 72 May declare office vacant by failure Oath of assessor to be affixed to to quality,.18 books, 72 Assessor to report on application for What done with assessor's books and repayment of tax,. 51 copies of the books,.. 73 Ordinance concerning powers and When no alteration in book except duties of assessor, 62-74 by council. How person taxed Assessor to give bond,.. 62 improperly to have relief,.. 73 Lists to be furnished him by clerks; When and what assessor paid, 73, 74 compensation therefor,. 63 Additional duties of assessor,. 74 Parties interested may furnish him Assessor's books and lists to be used with abstracts of title,.. 63 by committee in determining classWhat assessor shall put in his land es for license taxes,. 78 book, 63 What returns collector to make as to How he shall ascertain value of real improper entries and omissions in estate,.64: assessor's books,... 84, 85 When lot divided, how assessment Assessor to make the proper correcapportioned, 64 tions,.85 When lot sold for taxes, what asses- When assessor to add cost of flagging sor shall do,. 64 across side walk to annual taxes on What mistakes assessor may correct, 64 owner of lot, &c.,... 172 When he may transfer land,. 65 Assessor to register hogs and dogs, 120 Shall carry with him land book of Amendment to ordinance concerning previous year; how use it,. 65 assessor, increasing his compensaWhen new building assessed,. 65 tion,... 249 When assessment on old building deducted,..65 ATHENEUM, What shall be included in valuation of mills and iron works,. 65 Or lyceum, may be established by Who shall give in property to asses- council,... 11 SO,. 66 Wh at holders of property to be en- ATTORNEY FOR TEE CITY. tered on personal property book, 66, 67 What persons carrying on trade or Commonwealth's attorney in husWbusiness to be enter ed, 67 tings court to be attorney for city, 238 What assessor to state as to these See Attorleyfor the Commoesseelth. last,... 67, 68 How he shall enter personal property, 68 ATTORNEY FOR THE COMMONWhat money, interest or dividends, 68 WEALTH. What bonds and other claims,.. 69 l'hecapital of what corporations, &c., 69 In hustings court, when, where, and Ot what companies, &c., he shall for what term elected,... 4 enter the capital, and of what the Vacancy, how to be filled, 5 dividends,.69 What certificate of officer conductOf what agents of companies he shall ing election,..7 ascertain the dividends,. 70 Council to ascertain who is elected, 7 What peisonal property and debts Person elected to be notified,. 8 excepted,... 70 Attorney to continue till successor Assessor to call upon persons for lists qualifies,. 8 of property, and swear them,. 70 When attorney for the city to proseFine for refusing to swear or give in cute collector's bond,.. 85 list,.....70 When the bond of agent of insurance Fine for failing to call on or swear company,.93 them, 70 Attorney to prepare forms for mat-'What else assessor to do to get cor- ters relating to the police,. 154 rect list ot'f property, -o. 70 Ordinance concerning attorney for INDEX. 257 the commonwealth in hustings Auditor to pay salaries of officers court, &c., 238, 239 and interest on bonds,.. 59 What allowance to attorney for his Claims allowed by the council to be public services,. 238 certified to the auditor,. 59 Attorney for commonwealth to be Auditor to issue warrant for payment attorney for city. Duties as such. of claim allowed,... 59 His account and compensation, What accounts to be kept on audi238, 239 tor's books, 59 When his books to be compared with AUCTIONEERS AND AUCTION chamberlain's,.59 SALES. When unsettled accounts on auditor's books balanced, 59 Council may grant or refuse licences Auditor to keep register of city proto auctioneers,.. 14 perty, and of bonds, &c., of city, 60, 96 May tax the licenses,. 14!What report auditor shall make to May require per centum of auction council, and when, 61 tioii council, and when,... 61 ay require per centumles, of auc Collector to make returns to auditor Except sales under judicial decree 14 of improperentries and omissions Ilay require bond for the per centurn, 14 in assessor's books,... 84 How auctioneers entered in assessor's And list of uncollected taxes,. 85 book,. 67 What auditor to do with these lists, 85 Auctioneers taxed, 7 Auditor to notify collector of taxes When, and to what extent, streets unpaid by him after time premay be used for auction sales,. 175 scribed for payment, 85 Penalty for such use of street when Collector to return list of sales for not authorized,... 175 taxes to audlitor,... 89 Auctioneer not to use bell, except for Plat, &c., of land sold to be delivered sale of real property, 227 to auditor, who will give deed; auditor's fee for deed,. 89 AUD1TOR OF ACCOUNTS. Auditor shall, when applied to, cancel certificate of city debt and issue Ordinance for appointment of audi- new certificates,. 97 tor, &c., by the council, 54-61 What he shall do in case of lost cerWhen and for what term auditor to tificate, 97 be appointed,.. 54 One of auditor's clerks to act as clerk Bond to be given by him,. 54 of committee on light,. 113 And oath of office to be taken,. 55 Auditor's duties relative to accounts, When appointment annulled, and &c., for gas, 113, 118, 119, 120 another appointment,.. 55 Duties as to accounts for water, Council may remove him, and if va-135, 140, 141 cancy occurs fill it, 55 One of auditor's clerks to act as clerk How his clerks to be appointed, 55 of committee on water,. 133 And removed,. 55 One of auditor's clerks to act as seSalaries of auditor and his clerks, 65 cretary of b oard of health,. 148 Certificate of money deposited to Auditor's duty as to fines on firemen, 159 credit of city to be delivered to auditor,... 57 Claims for work done for fire departChamberlain's statement of money ment to be certified to auditor or paid to him to be received and council,.161 charged by auditor,.. 57 How much auditor may pay annually If chamberlain fails to make deposit for work done on streets, 166, 171, 172 within time limited, auditor to re- What keeper of powder magazine to port the fact to president of coun- report to auditor, and what audicil,..57 tor and engineer to report to counNo money paid into bank to be drawn cil.211, 212 out by chamberlain except upon warrant of auditor,.. 58 BANS. Hours of business in auditor's office, 58 Proceedings and papers, how kept.Dividends on bank stock to be asand preserved, 1.. Committee of accounts to examine contingent expenses of office, 58 Capital of banks of circulation exIn absence of auditor, first clerk to cepted from assessment,.. 69 act,.. 58 Capital of savings institutions which Auditor liable for acts of first clerk have not declared dividends within during such absence,.. - 581 preceding year, to be assessed, 69 33 258 INDEX. And the dividends which have been What bonds and claims held by priso declared,. 69 vate persons to be assessed,., 69 Profits of banks located out of city Taxes on such interest and bonds, &c. 75 excepted from assessment,..70 Collector to give bond before acting, 79 Tax on capital of savings institutions, 75 When his bond to be prosecuted, 85 Tax on dividends,... 76 When bond of agent insurance comTax on dividends on bank stock, 76 pany to be prosecuted, 93 By subsequent ordinance no bond is BEGGARS. required of such agent,. 250 Superintendent, inspector and assistPolice officers to inform overseers of ant inspector of gas works, to give the poor of persons begging, 231 bonds,.... 108 Clerks of markets to give bonds, 124 Superintendent of water works to BILLIARD TABLES. give bond, 133 Bonds may be required of contracTax on keeper,.,. 93 tors for food, clothing, &c., of city After tax paid, mayor to grant li- hands, and provender and stabling cense, *. 94 for horses, &c., 163 What stated in license,... 94 Bonds of port wardens; what penalty Fine for acting without paying tax and how prosecuted,.. 206 and obtaining license,. 95 Bond of keeper of powder magazine, 209 Bond of weigh-master for first mar. BLASPHEMY. ket,.... 214 Bond of clerk of second market to cover his duties as weigh-master, 215 See Profanity, BOOTH OR TENT. BOARDING HOUSES, &c. Council may fine or suppress,. 37 Council may tax keepers of private boarding houses, &c.,. 15 BOUNDARIES How entered in assessor's book,. 67 Taxed,.... 76, 77 Of the city defined,. 2, 3, 22 BOARD OkF HEALTH. Of jurisdiction of court of hustings and its members,,, 3, 41 See Hiealth. BOWLING ALLEYS. BOARDS, LUMBER, &c. What tax on keepers,. 94 Council may provide for measur- When tax paid, mayor may grant ing, 12, 36 license,... 94 What to be stated in license,.. 94 BONDS. Fine for acting without paying tax and obtaining license,.. 95 Court of hustings to take bonds of sergeant and high constable, 8 BRAN AND SHORTS. Council may require bonds of auctioneers for per centum on their Council may provide for measuring, 36 sales,.... 14 And of agent of foreign insurance BRIDGES company for per centurn on premiums,. 14 Bonds for city debt. See Debt of City. Who to contract for street bridges, General power of council to require &c.,. 165 official bonds,. 17 And superintend work,... 165 To whom such bonds payable, and Bridge over paved gutter not perhow to be prosecuted,.29 mitted,.. 172 Ordinance requires chamberlain and auditor to give bonds,. 54 BROKERS. Assessor to give bond,.. 62 What interest or profit on bonds of May be taxed,... 15 states or corporations to be as- How entered in assessor's book,. 67 sessed,.... 68 Licenses taxed,.... 76 INDEX. 259 BUILDINGS. CARRYING OFFENSIVE WEAPONS. See Weapons. In what case wooden building forbidden, or to be removed,. 13, 35 CARTS. Occupiers of houses may be taxed, 13 Council may erect and' keep in order See Wagons, &e. public buildings,... 30 How assessor to value buildings, and CATTLE DEALERS. of what buildings to take list, 63, 64 Buildings unfinished or fallen to de- Council may tax them,. 15 cay not to be assessed,.. 65 How entered in assessor's book,. 67 How agents for renting houses en-: Licenses taxed,.. 77! tered in assessor's book,.. 67 Their licenses taxed,... 77 CELLARS. Person designing to build on street, How cellar-door to be constructed; must obtain certificate of, grade. Penalty for building without,. 167how far to extend on sidewalk, Use allowed of street for depositing and when not at all,... 169 building materials,.o.. 173,.174 Fine for not conforming to ordinance building materials, 173P in construction of cellar, or for sufWhen repairs to roof, &c., of house 17 in construction of cellar, o or sufon street, barriers required below, 174 feing door to be open r unsate, 170 When mayor or justice may require building, &c., to be taken down,METERIS 227, 228 See Burying Grounds and Oackwoooc BURNING CHIMNEYS. Cernetery. See Chimneys.. GCERTIFICATES OF DEBT. BURNING FLUID. See Debt of' City. To be gauged and inspected,.. 241 CHAIN GANG. Duties of gauger, &c.,. 241; 242 See Jail. BURYING GROUNDS. CHAMBERLAIN. Council may hold lands.for,.. 10 See Clerk of Council, for: provisions And may protect them from injury, 10 of charter. Jurisdiction given for the purpose, 10 Ordinance for appointment of chainAuthority to provide and regulate berlain, &c.,...5 55 under old charter,... 30 Chamberlain to be clerk of council, 54, 61 Burying grounds excepted from ope- When, by whom, and for- what term' ration of ordinance relative to pub- chamberlain to ube appointed, e 54 lic grounds, &c.,. 103 To give bond,.... 54 Ordinance concerning Oakwood Cem- And take oath of office,.. 55 etery, C emetery103-107 When appointment annulled and anFor details, see Oakwood Cemetery. other appointment,...55 Council; may remove him, and if va:BY-LAWS, &c. cancy occurs, fill it,.. 55 How his clerk appointed, and reSee Ordinances, &C, movable, 55 Salaries of chamberlain and his clerk - 55 CAPITOL SQUARE. Ordinance prescribing duties of chamberlain, &c., as to receiving and See Public Grounds. disbursing money,.. 56-61 What taxes and dues to be paid to CAPTAIN OF THE NIGHT-WATCHE. the chamberlain,... 57 How and when he shall pay moneys - See Police.- into the treasury,.. 57 If he fails to, make payment within CARRIAGES. time limited, what then to be done, 57 How chamberlain to draw money out Pleasure carriages to be listed by of bank,..... 58 assessor with personal property, 70 His office hours,... As to those kept tbfor hire, see Wayons, Proceedings, papers, &c., how enHacks, &c.: tered and preserved,.. 5 260 INDEX. Contingent expenses of office to be chamberlain, who must report deexamined by committee of ac- fault,.132 counts,.. 58 When water rents paid to chamberIn absence of chamberlain, his clerk lain in time, discount made,. 141 to act,.58 Chamberlain's duty relative to exChamberlain liable for acts of his penses of hospital patients reported clerk during such absence,. 58 as unpaid,.147 Account against chamberlain to be Clerk in chamberlain's office to be kept in auditor's office,. 59 clerk of fire department, 157 When books in the two offices to be No payment to contractor for work compared,.. 59 on streets to be made until proper What accounts chamberlain shall contract filed with chamberlain, 165 keep,. 60 When building to be erected on Shall keep a list of warrants,. 60 street, duplicate certificate of grade What lists, &c., he shall furnish au- to be filed in chamberlain's office, 167 ditor quarterly,... 60 What statement, &c., to be filed with His general ledger; what it shall chamberlain, and what payment contain,.60 made for connecting with city culShall keep accounts with the banks, 60 vert,.167, 168 When he shall report to council,. 61 Chamberlain to have prepared plan What report to contain, 61 of city, with rates of transportaChamberlain or his clerk to record tion, &c. What he is to charge proceedings and ordinances of the for copies,.191 council, furnish copies, &c., &c., 61 Lists of hired slaves, &c., to be deWhat chamberlain to do on receipt livered to him at end of each year, 201 of assessor's license list,.. 71 Bonds of port wardens to be filed in Bond of collector to be preserved in chamberlain's office,.. 206 chamberlain's office,. 79 What default of keeper of magazine When chamberlain to deliver copy of to be reported to council by the collector's bond to attorney for the chamberlain,. 212 city for prosecution,. 85 What quarterly report to chamberBy what payment to chamberlain, lain by measurer of grain,.. 213 owner of land sold for taxes, may When weigh-master to return acredeem it, 90 count and make payment to chaimWhat payment when lot was pur- berlain. Default to be reported to chased for city,. 91 council,..... 217 Agent of foreign insurance company What tax to be paid to chamberlain to get license from chamberlain, for keeping dog. Duties of chamand return semi-annual accounts berlain as to license, &c.,..221 to him,... 92, 93 When mayor to file with chamberlain On what failure chamberlain to have account of expense of removing agent's bond prosecuted,.. 93 nuisance,. 229 Chamberlain's fee for issuing license, 93 Reports of committees on schools, This ordinance relating to insurance when to be returned to chamberoffices repealed,. 251 lain,.237 Taxes to be paid to the chamberlain What account attorney for city to on licenses granted by the mayor, 93-95 render to chamberlain, and how Penalty for acting without getting his compensation fixed,. 239 license and paying chamberlain What account gauger to return to the tax,.95 chamberlain,.... 242 Chamberlain's fee for giving receipt, 95 When chamberlain to issue license to Chamberlain and president of council agent of foreign insurance agency, 250 to subscribe certificates of debt or What statement applicant tbr license bonds of city,... 96, 97 to deliver to chamberlain,..250 Cancelled certificates to remain filed Chamberlain's fee for issuing license, 251 in chamberlain's office,. 97 On what payment to chamberlain Ordinance prescribing chamberlain's license under former ordinance may duties as to sinking fund,. 98, 99 be cancelled and new license isWhat certificate chamberlain to give sued,.251 as to section selected in Oakwood How chamberlain to settle with poCemetery,. 104 lice officers for fines collected, 253, 254 Chamberlain's account with gas works,.120 CHARTERS. Fines, &c., for injuries to fixtures and buildings payable to chamberlain, 121 Revised charter, o. 1-19 Clerk of market to account with Charter of 1842,... 20-46 INDEX. 261 Charters to be construed favorably IClaims against mayor, aldermen, &c. for city,..18 46 good against "The city of RichProvisions for taking sense of people | mond,'P 23 on revised charter,.. 18, 19 Prosecution of city works not to be Provision as to Recorder, aldermen stopped by injunction; what excepand council, elected or designated tion,. 34 when revised charter adopted, 19 Tithables exempt from county levies, Provision as to other offices,.. 19 and fom poor rates other than for Ordinances not inconsistent with new poor of city,. 37 charter to remain in force,.. 19 Register of city property, &c., to be Rights, prosecutions, actions. claims kept by auditor,.60 and contracts not to be affected, 19 W hat city property exempt from taxRepealing clause of charter of 1842, 46 ation,.71 When real estate to be purchased by CHARTER ELECTIONS. collector for city, and what credits to him, 84, 85, 91 See Elections. How delinquent real estate so purchased may be redeemed,.. 91 CHIMNE YS. Ordinance concerning stock owned by city in joint stock companies, When repairs to roof or chimney of 100, 101 house on street, barriers to be What survey and plan of city to be placed below,. 174: made by city engineer, and how When chimneys may be burnt. Pe- disposed of,..180 nalty for burning at improper time, or when chininey takes fire for CITY ENGINEER. want of cleaning,... 226 See Engineer of City. CHURCHES, CHURCHES, CITY PRISON. Exempt from taxation,. 71 What loitering of negroes about See Jail. church an unlawful assembly. Punishment,. 199 CITY WATCH. Ordinance for protecting churches, &c., from wilful injury,. 246 See Police. CITY OF RICHMOND. CIRCUIT COURT. Boundaries,... 2, 3, 22 Its power over city prison reserved, 31 mBound,"..... 3, 22 CLERK OF CIRCUIT COURT. Corporate name, "The city of Rich- CLERK OF CIRCUIT COURT. moord,". 3, 22 Chapters of code applicable to city, 3 Compensation for furnishing lists to Jurisdiction of corporation court, city assessor,.... 63 mayor, &c.,. 3, 41 Wards, 5, 24 CLERK OF COUNCIL. Council may alter wards,. 5, 24 Estates, privileges, funds, revenues, President or clerk of council to pubpowers, franchises, &c., held here- lish notice of time and place of tofobre, continued,.. 10, 22, 23, 28 election,. 5 These to be held and exercised by Oaths of commissioners and conduccouncil, unless otherwise provided, tors of election to be returned to 10, 28 clerk,.., 5, 6 City debt. See Debt of City. Certificates of election, polls and County constable not to execute jus- tickets to be delivered to him,. 7 tice's warrant in civil case within Clerk to be appointed by council, 28 corporation,.. 17, 43 Removable at pleasure of council, 18, 29 Nor execution on judgment obtained Clerk to notify each member of counon such warrant,.. 17, 43 cil oft the time of meeting,. 49 County justice not to issue warrant Ordinance for appointment of cham. in civil case between citizens of berlain and auditor,. 54, 55 Richmond, 42 Chamberlain to be clerk of council, Estates, funds, rights, trusts, &c., 54, 61 held by mayor, aldermen and com- For other provisions as to powers snonalty, transferred to "The city and duties of the clerk, see Chamof Richmond,"... 22, 23 berlain. 262 INDEX. CLERK OF HENRICO COUNTY iHas other powers of sheriff to enCOURT. force collection,... 13 Council to determine his powers, duCompensation for furnishing lists to ties and pay, 17 city assessor,.. 63 May require official bond and fix the penalty,..17 CLERK OF HUSTINGS COURT. May remove him from office, for what cause,. 18 How, when, and for what term elec- May declare office vacant by failure ~ted, 4to qualify, 18 Vacancy in office, how to be filled, How collector to pay moneys into What certificate of officer conducting treasury, 56 elec tion,. 17 ~ Ordinance concerning collection of Council to ascertain who elected, 7 assessed taxe.. 79-85 Person elected to be notified,. 8 V Collector to give bond before acting, 79 Clerk to continue till successor qual- is unreasonably delayed, council'i~fies,.... 8 may declare office vacant and apAppointed by court under old char- point a collector,.79.ter, -. 43 Collector may appoint deputies, but Duties prescribed by law, - 43 to be liable for their acts,. 80 Oath of office required,, 43 What notice collector to give of per Fees of clerk, 43 centage allowed for prompt payClerk to certify attendance of recor- ment of taxes, 80 and aldermen, 48 When collector shall pay in daily, der and aldermen,. 48 Compensation to clerk for furnish e kly,. 80 furnishsesr6 Collector to make out lists of taxes ing lists to assessor,.. 63 Engineer's plan, and survey of city pidin June and December, when approved by council, to be Collector to collect taxes; when to recorded in clerk's office,.. 180 WOn menc,. 81 Allowance to be made to clerk by hen he may distrain, 81 court of hustings,. 238 What may be distrained,.. 81 When property of tenant may be COAL. distrained,... a 81 How, when whole tax assessed. to Council may provide for measuring one person upon lot partly owned coal and other articles for sale, 12, 36 by another,. 81 Coal carts not to be licensed or used Mortgage, &c., of goods not to preunless so tight as to prevent waste, vent distress,. 81 155, 187 When collector may summon' garPenalty for hauling coal, &c., with- nishee, and how. After summons, out certificate of inspector of coal taxes a lien on debt, &c.,.. 82 carts, or wasting coal from carts,. 188 If garnishee does not appear, what If size of cart lessened after inspec- judgment against him,... 82 tion,, license forfeited, and owner If he does appear, what proceeding to be fined, 188 and judgment,. 82 Penalty on collector for improperly returning real estate delinquent, 83 CODE: OF VIRGINIA. When slaves shall not be distrained. Distress or levy must be reasonaChapters applicable to the city ofle vy must be reasona-8 ble, 83 aichmond,..... 3 Collector to provide sustenance for slaves, horses, &c., levied on. NoCOLLECTOR. thing to be removed out of city,. 83 How sale shall be made,... 83 To be elected, when, where, and for When slaves, &c., shall be sold, 83 what time,. 4, 37 When sale may be adjourned,. 84 What conductors to certify,. 7 When collector may distrain before Council to ascertain who is elected, 7 September. When he shall pay in. An~d to notify him,.. e 8 What account he shall render to Incumbent to continue till- successor the auditor, and when,. 84 qualifies,.. o 8 Credits to collector on account of In what cases new election to be or- real estate purchased for city, dered,.. 8 84, 85, 91 Vacancy in the office, how filled, 9 Collector to make returns to auditor Collector may distrain and sell for as to improper entries and omistaxes,... 13 37 sions in assessor's books, o. 84 INDEX. 263 Also to return list of uncollected Assessor not to be paid until his sertaxes, 85 vices are certified by the commitWhat done with these lists,. 85 tee,. 73 Commission allowed collector,. 85 And then to be paid on order of the Penalty on collector for failing to chairman,. o74 pay taxes in his hands,.. 85 Additional duties may be prescribed Ordinance concerning the sale of to assessor by the council or a comland for taxes,.. 86-91 mittee, 74 For duties of collector as to these Committee of finance to determine sales, see Taxes. classes for license taxes,. 78 Duties of collector as to water rents. How applications for changes in clasHis bond to apply to these duties, 141 sification may be heard and deCollector to make out and collect cided by the committee,.. 78 taxes on hogs and dogs,. 221 Ordinance requiring appointment of committee on public grounds, &c., COLLEGE. 101-103 When and how committee to be apBuilding belonging to a college ex- pointed, 101 empt from taxation,.. 71 Duties of committee,.. 101-103' Committee of Oakwood cemetery to be appointed,. 104 COMMISSIONERS OF ELEC-1 COMMISSIONERS OF ELEC- Duties of the committee,. 104 -107 TION. Committee on light; their powers and duties,.108-123 See Elections. Committees of markets, when and how appointed,. 124 COMMISSIONERS OF STREETS. Committee to exercise general supervision over market,. 124 See Streets; Committee to fix rent and time of payment for stall, &c.,.. 125 COMMITTEES OF COUNCIL. When committee may declare stall, &c., vacant,. 126 What standing committees to be ap- Owner of confiscated meats, &c., pointed, when and by whom, 50 may appeal to committee,. 130 Application f'or remission of tax to Committee to approve appointment be referred to committee of finance, 50 of clerk's deputy,. 131 For remission of fine or other claim, Committee on water: when and how to committee of claims,. 0 constituted. To appoint assistant Messenger of council to attend on superintendent of water works,. 133 committees during their sessions, 53 General powers of committee. Who Committee of accounts to report upon to act as their clerk,.. 133 contingent expenses of auditor and Committee (of the city hospital, when chamberlain,. 58 and how appointed. Powers,. 145 For each subject on which there is a What attendants and officers of ho6standing committee, auditor to pital, committee may employ, &c.' keep separate account,. 59 145, 146 Chairman of a committee may re- What purchases committee may auquire copies of chamberlain,. 61 thorize, and how expense paid,. 146 Chamberlain to furnish chairman Committee on police. What matters with copies of resolutions relating stand referred to it,. 15 to his committee?.... 61 Committee on fi-e department may Council or committee of finance to inspect journal of department;. 157 approve assessor's bond, 62 To certify to auditor claims for work Committee of finance toi be called to- done for the department, or report' gether upon receipt of assessor's them to council,... 161 license list,@... 71 Any standing committee of counciil Committee of finance to examine and y g may require plans and estimateS of correct, and chairman then to cer- superintepidens of sres 18t tify, copies of assessor's books, 73 Committee to direct assessor in what Committee on public grounds to suclass to place a person for license pervise powder magazine. Engitax,.73 neer to report to conimittee condi tax,13{ tion of powder carts,. 112 After they are examined and certified by the committee, assessor's Committee of finance. Account of books not to be altered unless by attorney for the city stands reorder of council,... 73 ferred to them,.. 239 264 INDEXo Committee on police to provide room, And conducting officers, o 5 &c., for coroner,. 239 Election of members of council, how certified,... 7 CONDUCTOR OF ELECTION. As to tie vote for members, what to be certified,... 7 See Elections. What effect of certificate of election as to member of council,. 7 CONSTABLE. All certificates, polls, &c., to be delivered to clerk of council,. 7 County constable not to execute jus- Council to ascertain and enter on tice's warrant in civil case within journal what officers are elected, 7 city limits, 17, 43 To decide in case of tie,. 7 Nor execution on judgment obtained Pass on qualifications of persons on such warrant,. 17, 43 voted for,.. 7 In criminal cases city police to have Prescribe mode of determining consame powers, duties and fees as tested elections,... 7 constables,.. 18, 150 Make rules for conduct of poll in And be subject to same penalties, 18, 150 other cases, 7 Hustings court may appoint consta- Certify to court of hustings who ble, &c.,. 43 elected members of court, sergeant High Constable. See that title. and high constable, 8 And notify persons elected,. 8 COOK-SHOPS AND EATING- Members of council to continue till HOUSES. successors qualify,.. 8, 26 Council to order new elections, in Council may tax keepers,. - 15 what cases,.. 8 Keepers to be listed by assessor,.67 How to be conducted and superinTaxed,. 77 tended,.... 8 Negro not to keep cook-shop or eat- Vacancy in office of member, how inug-house, unless licensed to keep filled, 9, 27 ordinary,. 195 low council or court of bustings may be empowered to appoint to certain offices now elective, 9 CORONER. When first appointment, if change Ordinance concerning the coroner of decided,.;.. 9 the city,... 239, 240 What estates, rights, funds, corpothe city,. 239,20 rate powers, &c., to be held or Room and fixtures to be provided for rate powers, &c., to be held or hioom ad xtures to be provided for exercised by council, 10, 22, 23, 28 him,....239Powers of council as to burying What cases coroner shall report to grounds, as works, water works, council, where* -. 240 grounds, gas works, water works, Fee of coroner where no inquest,. 240 &c.,. 10, 30 32 c.,. 10, 30, 32 Fee of coroner where no inquest,. 240 As to Lancasterian and other schools, What compensation when inquest 11 3 is held, and post mortem examina- Public libraries,. 311 tion made,.240 Public libraries, 11 tion made,...240 Atheneum or lyceum,. 11 When coroner shall have dead body Streets, alleys, &c.,. 11, 33, 35 buried; what allowance,. 11, 33, 35 b 240 Landings, wharves and docks; port wardens,... 11, 32, 33 CORPORATION. Surveyor,.. 11, 33 Nuisances,. 11, 35, 36 See City of Richmond. Hogs, dogs, &c., 12, 36 Too fast riding or driving, or runCOUNCIL OF THE CITY. ning of steam engines,. 12, 36 May exclude the engines, if no conChapters of Code applicable to the tract violated 12, 36 council,... 3 Council may provide for gauging, Whole number of members, and num- weighing and measuring liquors, ber from each ward, 4, 24 grain, hay, &c., &c.,. 12 36 Election of members,when and where May require owners and employers held,... 4, 23, 24 to provide board and lodging for Who may be a member of council, 5, 24 negroes, 12 Council may alter wards,. 5, 24 Powers as to unlawful assembly of Fix places of election,.. 5 negroes,. 12 President or clerk to publish notice Riots; gaming and tippling houses, of time and places, 5 12, 37 Council to appoint commissioners of As to the unlawful retailing of arelection,... 5 dent spirits, &c.,. 12 INDEX, 265 For prevention of lewd, indecent or sident's absence, disability or redisorderlv conduct, 13, 37 fusal, 28 As to work-houses and houses of re- Quorum of council; majority present fu(re or correction, 13, 30 necessary to bind, 21 When council may prevent erection (ompensation of nembers,. 28 of wooden building, or cause its May make rules for their pioceedremoval at expense of owner, 13, 35 ings, appoint officers and clerks, 28 General purposes and subjects of To keep record of their proceedin(s, 28 council's powerl of taxation, 13, 37 Aves and noes to ba entered at reP'owers as to real estate delinquent quest of member, 28 fo1r non-paJyment ot taxes, 14, 38 Power to pass by-laws, rules and Licensing, taxing aInd reculating ordinances, and for what purposes, 28 powers as to auctioneers and auc- To enforce ordinances by fines and tionD sales, 14, 39 penalties, 29 As to theatrical performances and Council to have powers, rights, &c., other exhibitions tfor money, 14, 39 held by mayor, aldermen and comKeepers of wagons; caits, hacks, &c., monaltv,. 29 14, 39 P'owvers ot ccuncil as to markets,. 30 Hawkers and pedlars, 14, 410 As to hospitals, &c.; the poor; overAgency of foreign insurance corn- seers of poor, &c.,. 30 pany, 14, 15 Public buildings, &c., 30 Other occupations and trades sub- City prison. 30, 31 ject to taxation,. 15, 39, 40 l)angerous diseases, hospitals, board Council may direct pll as to sub- of health,. 31 scription to internal imnprovement Accidents by fire, fire companies', company; upon what petition, 15 &.,. 31, 32 Provision for and conduct of po)ll, 15 City watch,. 32 it' decision in favor, council may sub- Mar'ket grounds, public squares, &c., 33 scribe,...16 Council not to take plivate property I'owers of council in relation to bor- without compensation,. 34 rowing money and issuing bonds, Hlow compensation ascertained, 34 &c., tir debt, 16, 40 lower of council to pievent firing But sinking fund must be provided, 16 guns, crackers, &c.,. 36 Council must not divert sinkirn fund To secure inhabitants against thieves, from its object except in time of &c., 37 war, &c., 16 Powers as to receipt and disburseGeneral power of council to appoint, ment t'f public nionies,. 40 control and remove additional offi- Copies of ordinances, &c., of councers, 17, 29 cil, wihen evidence,. 41 Other officers subjfct to their con- Ordisialce presciibing oath of office trol, and may be removed for ot iember,. 48 cause, 17, 18 Ordinance prescribing rules for reCouncil may take bonds of officers gulatingo proceedings tf council, 49-53 under their control and fix penalty, When council shall mteet,. 49 17, 29 What if' quorum does not attend, 49 All officers appointed by council may Members to be notified of meeting; be removed at its pleasure, 18, 29 how and when, 49, 50 Those designated as members oft What committees to be appointed, council when revised charter adop- and how, 50 ted, to continue till successors qual- Rule as to special business appointed ity,.19 at previous meeting,. 50 Ordinances not inconsistent with When person not a member may adnew charter to remain in force, 19 dress council orally,. 50 General powers of council under old Petitions, &c., to be respectful, and, charter for regulating elections, unless otherwise all,,wed, in writdetermining contests, &c.,. 23 ing, 50 Keeper of ordinary nJt then eligible Application for remission of fine or as member,. 24 tax to be on oath; how referred, 50 Commencement and duration of ser- Who to report tifaters as to the fine or vice of membelr, 26 tax,..51 Oath of office, when to be taken and Resolution to be in writing;r name of effect ot tailure,.. 27 meumber offering it to be recorded, 51 President, how elected; powers and Speaker to address president, duties,.. ~ 27, 28 Time allowed to speak,. 51 President pro te)lspore, 27 Mlenmber not to speak miore than Hlow council convened in case of pre- twice on same question 51 34 266 INDEX, Debate to be decorous and perti- President of council and chambernent,. ~. 51 lain to subscribe certificates of debt Pr esident to enforce rule as to time, (,r bonds of city,. 96, 97 and preserve order, 51 Council to appoint proxies to repreMember may appeal from his de- sent city in joint stock companies, 100 ciion,..51 And; if need be, proxies pr)o teinpore, 100 Three members may call previous Proxies to report to council,. 100 questiron,.51 Council to appoint coummittee on No resolution appropriatinff money, public grounds, &c.,. 101 nor any ordinance, to be passed When committee to report to counthe dav it is introduced,.. 51 cil, and what,... 102 How ordinance amended, suspended President of council to appoint comor repealed,... 51 mittee of Okwood cenetery,. 103 Appointment to office to be by viva Council may regulate interments in voce and mnjority vote,. 51, 52 the cemetery,... 105 Every member to vote on ordinance Keeper of cemetery to report to or resolution, unless interested or council,.... 106 excused,.... 52 Council to appoint committees and And on appointment to office, saving clerks of markets,.. 124 a discretion as to,Ifficer of police, 52 Powers of council as to butcher's Member present not to absent him- license,.. 125 self without leave. Penalty of Council may prescribe rate of rentof doing so,. 52 stall, &c., at mnarket,.. 125 Proceedings, when to be read and by Failure of clerk of' market to account whom to be signed,. 52 in tinle, to be reported to council, 132 When question decided may be re- Council to appoint crummittee of city considered is ithin the year,. 52 hospital,.. 145 Business unfinished at the end of the And toelect hospital physician,. 145 year laid on the table,. 53 To appoint board of health; when, 147 Anv rule in this ordinance may be How officers of police nominated to, suspended by vote ot towo thirds, 53 and appointed by the council,. 153 Ordinance for appointment of mes- Council may discharge watchman,. 153 senger of the council,.. 53 Mar or to report to council the state When messenger appointed; histen- of the police, N&.,.. 153 ure and compensation,.. 53 President (of council to appoint comnHis duties,.... 53 mittee on police,... 155 Ordinance for appointment of cham- When council to appoint officers of betlain and auditor by the council, fire brigade,.. 156 54, 55 Council to provide fire engines, &c., 157' he chamberlain to be clerk of the Council may call for journal of fire c(uncil,..54 department, 157 When appointment annulled, and Claims for work done for fire departcouncil to make another appoint- ment may be reported by commitment,.... 55 tee to council, 161 Council may remove them, and if Members of council to be appointed vacancy occurs, may fill it,. 55 by pr esident commissioners ol sts., Council to appoint clerks, on nomi- three from each ward,.. 163 nation of chamberlain and auditor, 55 What order for repairs, &c., of But these clerks removable by their streets requires two-thirds vote of principals,.. 55 council to pass it,... 164 For duties, &c., of the chamberlain, In what case council may add to see Chamlsberlaisl and Clerk of street fund,... 166 CosnCil. Upon report as to grade of street Claims allowed by council to be cer- council may decide. When report titied to auditor,... 59 proposes to alter grade, decision of Council or committee of finance to council necessary,. 166, 167 approve assessor's bond,. 62 What council to do with engineer's How and when person imprloperly plan and survey of city,.. 180 taxed may be relieved by council, 73 Commissioners of streets to return What lists ol taxes, &c., collector to superintendent's annual report to return, and auditor to lay before council,. 182 council,. 85 Council to prescribe from time to time Council to direct as to credits to be compensation of overseer of city imade on these lists,.. 85 hands,. 183 And as to collection of taxes re- Council to approve buildings, &c., turned uncollected,.. 85 provided for quarantine purposer, 203 INDEX. 267 Council to appoint keeper of powder Officer conducting election, what he magazine,... 209 shall certitfy,.. 7 And approve his bond,. 209 Council to ascertain who elected, 7 What keeper to report to council, 209 And ceertif'y names to the court, 8 What engineer and auditor to report Court to take bonds of sergeant and to council relative to keeper's ac- high constable, 8 counts,. 211 Members elect of court to elect from For what default chamberlain to re- their number recorder and senior port him to council,.. 212 alderman,. 8 Council to approve appointment of And certify such election to court, 8 deputy by measurer of grain, and Members of court to be aldermen of may remove deputy,.. 213 city,.. 8 Council to appoint weigh-master for Those in office continue until succesfirst market-may fill vacancy, s 214 sors qualify, 8 To approve appointment of weigh- In what cases new elections ordered, 8 master's deputies,.. 215 Vacancy, how filled, 9, 27 If' weigh master fails to account and How court or council may be empowpay over as prescribed, default to ered to appoint to certain otlices be reported to council,. 217 now elective,. 9 What report to council when need to When first appointment after change drain or fill up lot of non-resident, 228 decided,. 10 Council to appoint overseers of poor, Consent of court necessary for apand imay remove them and fill va- pointment of high constable's depcancies,. 2301 uty,... 17 Overseers to recommend to council What entry on their record as to improrements in discipline of poor deputy,. 17 house,. 231 Quarterly courts, when held; grand Must be special appropriation by jury,.. 42 council, it expenses of measures re- Presentments and pleas of commoncommnended by overseers exceed wealth triable at any term,. 42 their estimate,.. 231 This a court, of record; powers as When council to appoint trustees of such,... 42 Lancasterian school,..33 Power of court to appoint a sergeant, Council to divide between wards ap- constable and other necessary otfipropriations to primary school, 234! cers,... 43 % hat reports committees on educa-,Duties of these officers prescribed by tion to make to council, 235, 6i laws of the State,.. 43 What coroner to report to council, 240 They must take oath of'office,. 43 Council to direct payment for books Their fees,. 43 procured by surveyor,. 243 %A hen garnishee for taxes may be 1M hen council to determine class for summoned betfore the court, 82 taxation of insurance agent,. 251 What judgment, if garnishee fails to appear,... 82 COURT OF BUSTINGS. What proceeding and judgment if he does appear,... 82 Ordinance concerning certain officers Corporation court to be called the of the cUt, thi uties and c"Court of H1ustings for the city of of the court, their duties and co 238 Richmond,". 1 ensation,.. 238 Who may hold court, and when, 3, 41 CULVERTS. Bounds of jurisdiction of court and itS members, 3, 41 Who to contract for street culvert, 165 Subjects of' jurisdiction, 3, 4, 41 And superintend work,. 165 Grand jury, when and by whom sum- Who may permit connection with city moned, &c.,.. 4, 42 culvert,.. 167 Presenltrlents, how prosecuted, 4, 42 How permission obtained, and what When, where, and by whom mem- to be paid for it,. 167 bers of court elected,. 4, 23, 24 Penalty for making connection withWhole number of members, and out permission and payment, 168 from each ward,. 4, 24 Manner in which connection to be How to be paid,. 4, 28 made. Penalty,.. 168 Commonwealth's attorney in Hust- Penalty for injuring'or obstructing inos Court. See Attorney for the culvert,. 168 CoMtmoslu~ealth. DEBT OF CITY. Court may appoint clerk pro temrn. in case of vacancy,... 5 Powers of council for borrowing Who eligible as member of court, 51 money, and issuing securities, 16, 40 268 INDEX. Within what period debt contracted DISTRESS FOR'T'AXES. must be redeemed,. 16 Sinking fund to be set apart for debt See Collector, and pages 81, 82 due,... 16 How to be applied or invested,. 16 DOCKS. Additions to sinking fund for future debts,.... 16 See Landings, &c. How applied,.. 16 Sinkingf fund not to be diverted from DRAYS. its object, except in time of war, &c.,... 16 See Ifayons, ce. Charter of 1842 allows council to snortgapge public prloperty and rev- DRIVING TOO FAST. et,ues tfor redenption of debt,. 40 Ordinance for receiving and disburs- - Council may prevent too fast ridinsg ing money,. 56, 61 or driving, or running of steam ilow proceeds of sales of bonds to be engiles, within city, 12, 36 paid into treasury,. 56 The engines may be excluded, if no Auditor to keep register of bonds contract violated,. 12, 36 or certificates of debt,.. 60 Rate at which railroad engine, &c., Bonds for city debt not to be assessed may run; penalty for exceedinff it, 177 or taxed,... 69, 75 Penalty for driving wagon, &c., Ordinance concerning debt of city, 96, 97 faster than a walk, or for riding or Certificates of debt or bonds, how driving hotse faster than allowed, registered and authenticated,. 96 177, 178 Who deemed owner of certific;tte, as it retards city,.. 96 EDUCATION. When title to certificate vests in transferree, and as against whom, Council to appoint trustees and make 96, 97 regulations for Lancasterian and How certificate, or a part, may be other schools, o. 11, 35 transferred, and when this may not Ordinance concerning the education be done, 97. 97 of indigent children, 231-237 W'hat officer shall issue new certifi- Trustees of Lancasterian school, when cate, and when,. 97 and how appointed, removed, &c., 233 Cancelled certificate to remain filed Trustees to appoint officers and teachin chamberlain's office: new cur- ers and fix compensation,.. 233 tificate to be registered and au- Rules in force to continue; how to thenticated like the former,. 97 be changed,... 233 How new certificate may be obtained Appropriation to Lancasterian school for one lost,.. 97 and to male and female orphan Ordinance establishing sinking fund, asylums,.. 233, 234 98, 99 Primary schools, annual appropriaSum set apart each year to pay in- tion,. 234 terest, ic., of debt,. 98 Committees of primary schools, how How sinking fund to be applied,. 96 and when appointed,.. 234 When and how sinking fund in- Council to divide appropriation among creased,... 98 wards. Committees to control it, When and to what extent taxes in- purchase books, select teachers, 234 creased to carry out these provis- Committee may subscribe to schools; ions,. 99 but whole expenses authorized not to exceed ward's portion of fund, 234 DELEGATES. Committee to choose chairman; meetings, how called; payments, how Under charter of 1842 mayor re- made,. 235 quired to conduct election,. 45 Committees to visit schools,.. 235 To report annually; what report to DISORDERLY CONDUCT. contain,. 235 Lancaster ian school to be a high See [edecent and disorderly condulct. school; for the education of what children,... 235 Trustees to revise rules —to report to DISTILLERY. council-subject ot report, 235, 236 Annual examination,... 236 Distillery in city a nuisance. Fine What scholars recommended to visitor continuing it, ).. 225 tots of University, and by whom, 236 INDEX. 269 How vacancy in ward committee when to be ordered and how confille - -hen they shall report, 236, 237 ducted,... 15 If decision in favor, council to subELECTIONS. scribe; within what limit,. 16 General powers of council under charWhen to be held, and for what ofli- ter of' 1842, for determining concers and terms,. 4, 23 tests and preventing abuses in elecFor vacancies, council to prescribe tions,.... 23 time,.. 5 Powers and duties,f sergeant and Qualifications of voter,. 5, 23 deputies under same, 24-26 Mlust be resident in ward in which he No rvte permitted except in ward votes,.. o 5, 23 within which voter resides,. 25 Where elections held,.. 5 If doubted, he must make oath that Notice of time and places,. 5 he believes that tobe his residence, 26 Commissioners of election, how ap- If oath false, perjury,.. 26 pointed,.. 5 If' oath refused, vote to be entered Their (,ath, powers and duties,. 5, 6 in separate list,. 26 Conductor, how appointed,. 5 flow qualifications of persons elected His oath, powers and duties,. 6, 7 adjudged under old charter,. 26 Writers, their duties and pay,.6 If' any disqualified, what done,. 26 Closing of poll,... 6 Who elected, and in case of tie who Votes, how given and recorded,. 6 to decide,..26 When and by whom poll certified, 6 Elections of delegate, senator and Double voting, how corrected and member of congress conducted by when,.6 mavor, 45 Exafmination of polls, when to be Ordinoance concerning charter elecmade,... 6 tions,.. 47 List of votes stricken off, and the When commissioners appointed,. 47 reasons, to be attached to poll,. 7 Day policeman to conduct elections, 47 Election of members to council, and tie Compensation of commissioners and votes tor mlembers, to be certified, 7 writers,.... 47 As to other officers, what certified, 7 Days employed, how certified,. 47 Certificates, polls and tickets, deliv- Conductors to provide conveniences, 47 ered to clerk of council,.. 7 No compensation for refreshments, 47 Effect of certificate as to member of When sergeant appoints deputies or council elect,... 7 riters for an election, their pay Election of other officers to be ascer- to come out of allowance made him tained by council,.. 7 by court of hustings,. 238 Council to decide in case of tie,. 7 And on qualifications of persons voted ENACTING AND REPEALING ~~~fory~~ 7STATUTE. To prescribe manner of determining contested elections, 7 23 contested elections,. 7, 23 Passed June 13th, 1859. What it To prescribe fines ifor illegal voting, 7 P asse d June 13th, 1859. fo To make rules fir conduct of poll in repeals and what excepts fro 1 reother cases, 7.. 23 pe,. 248 To certify to court of hustings whbo Appendix of subsequent ordinances, elected members of court, sergeant and high constable,. 8 Persons elected to be notified, 8 ENGINEER OF CITY. Mlembers elect of court to choose recorder and senior alderman, 8 To be superintendent of the grounds, Their choice to be notified to court &c., owned by the city. His duof hustings,.. 8 ties as such,... 102 New elections to be ordered by coun- When he may contract for work on cil, in what cases,. o. 8 grounds, and how work to be paid Vacancies, how filled,.. 8 for,.... 102, 103 Offices filled by popular election; pe- Contract for culvert, bridge or matition to give appointment to court y to be ad by engineer, and or~ council,. a..9 on what authority,.. 165 01o council,. 9 What proceedings in such a case,. 9 Engineer to superintend such work, 165 To report grades of streets,.. 165 If change decided, when first ap- Engincer or superintendent of streets pointment to be made,. 10 to give certificate of grade when Poll on question of subscription to building to be erected, and to file internal improvement company, duplicate in chamberlain's office, 167 270 INDEX. What survey and plan of city to be Fines for injuries to buildings or fixmade by engineer, and how dis- tures of gas works,.. 121 posed of;... 180 Fines for selling in market for others When engineer to make his annual without payinog for the privilege, 127 report to commissioners of streets, Fine for forestalling market or for and what report to contain,. 182 purchasing at market while enWhat compensation for chain car- gaged in selling,. 127 riers, books, &c., of engineer and Fines on butcher for want of cleanlisuperintendent, and bow paid,. 183 ness, &c., about his stall or box, Council to assign rooms to engineer 128, 129 and superintendent. How papers Fines for selling at market prohibto be kept,. 183 ited articles,... 130 Salary of engineer,... 183 Fine for not using prescribed measEngineer to prescribe construction'lres, balances and weights,. 130 of' powder carts,.. 210 Fine for selling on adjoining streets What engineer and auditor to report when there are unoccupied benches as to accounts of keeper of powder in market,.... 13 magazine,.. 211, 212 Fine for not obeying clerk's order to Engineer to examine powder carts remove cart, &c., or horse,. 131 and report condition to committee Fine for using obscene, profane or on public grounds,. 212 threatening language in market, or fightinr,... 1311 ESTATE. Fine for using city water in mode prohibited,.. 139 See Real andpesrsonzal property. Fine on plumber for violating provision relative to water pipes and EXHIBITIONS. fixtures,. 142 Fine for refusal to permit superinSee Shows and Exhibitions, tendent of water works to enter lot,... 142 FIGHTING, &c. Fine for waste of water or permitting another to use hydrant, &c., 143 Fine for fighting, &c., at mai ket, 131 Fines and penalties for resisting or Beating slave, how punished,. 200 refusing to assist police officer,. 155 Fine for disobeying prohibition FINES. acainst fire companies,. 157 Fine on member of fire brigade for For illegal voting, council to pre- absence after alarm of fire,. 159 scribe,.7 Fine on member for insubordination, Council may impose fine for permit- &c.,. 159 ting unlawful assembly of negroes, 12 Fine for interfering w'ith fireman on Jurisdiction of mayor, recorder or duty, meddling with engine, &c., 160 other alderman as to fines and Fine for building on street without claims,. 17, 45 obtaining certificate of' grade,. 167 General power of council to enforce Fine for connecting with culvert ordinances by fines and penalties, 29 without permission and payment, Council may impose fine for doing or in improper manner,.. 168 anything without license for which Fine for injuring or obstructing cullicense is required,. 40 vert,.. 168 On application for remission of fine, Fine, if vault or cellar improperly facts to be reported by police offi- made, or opening left,untastened, 170 cer,.. 51 Fine for auction sale in street when Fine on member of council for ab- not authorized by ordinance,. 175 senting himself without leave be- Fine for failing to keep open gutter fore adjournment of meeting,. 52 opposite lot,.. 175 Fine for refusing to give list of pro- Fine for causing or leaving nuisance perty to assessor, &c., 70, 72 in street,... 176, 177 Fine on assessor for failing to call for Fines for running railroad engine, list or to swear the person,. 70 &c., too fast; for failing to ring Fine on collector for purchasing real bell at crossing; for blowing steam estate sold for taxes, 87 whistle,. 177 Fine on agent of insurance company Fine for driving or riding too fast, for failiDg to get license or to ren- and for feeding horses in street, der prescibed accounts,. 93, 249 177, 178 Fine for breach of ordinance con- Fine for fastening horse, or ridinc or cerning licenses granted by mayor0, 95 driving, on sidewalk, 178 INDEX. 271 Fine for driving wagon with locked Fine on captain of steamboat for not wheel; for suffering vehicle to lessening its speed on nearing port, 208 stand in street without holding Fine on keeper of magazine for not reins,... 178 rendering accounts and making Fine for not turning to the right payment,... 212 when vehicles meet, or for stop- Fines fi)r violations of other sections ping in middle of str'set,. 178, 179 of ordinance relative to powder Fine for failing to remnove vehicle magazine.. 212 when ordered be police officer, 179 Fine on seller or buyer for refusing Fine for discharging firle arms, play- to have article measured,. 213 ing bandy, thr'owing stones or Fine for refusing to be bound by other missiles, blowing horn, &c., measurer's certificate,. 213 in street,. 179 Fine on measurer for failing to reFine fori using wheelbarrow, hand port to chamberlain, or to publish car, iage, &c., on sidewalk, except requirled statement in newspaper, 214 infant's hand carriage, 179, 180 Fine on toll-gatherer ot James LRiver Fines fo)r keeping vehicle foir hire and Kanawha company tfor acting without license, &c., and tfor car- as weighinaster before giving bond r3ying slave in hack without con- to city,.. 215 sent of mnaster,. 186 Fine forl selling or storing for sale Fines tbr hauling coal without certi- forage before weighed, &c.,. 216 ficate of inspector of coal carts, Fine for altering certificate or mark and for wasting coal from cart, 188 of weighmaster,.. 217 Fine for lessening size of' cart, &c., Fine for refusing to aid in arresting after inspection,.. 188 prisoner engaged in public works, 219 Firne for refusing to pay at rate fixed Fine for attaching license medal to for transportation, or for charging dog without first obtaining license, 221 at higher rate,... 188 Fine tor killing or stealing licensed Fine for carrying in wa(gon, &c., a dog,. 222 greater weight than allo ed by Fine tfor suffering cow or calf to be in ordinance,... 190 street at night,.. 222 Fine on driver of hack, &c., for re- Fine for permitting horse, mule, hog fusing to exhibit copy of rates, or or goat to go at large. Excepcharging more than allowed,. 191 tlons,... 222 Fine for refusing to take passenger, 191 Fine for cruelty to animals,. 223 Fine for selling wood without stan- Fines imposed by ordinance relating dards to cart, or for selling wood to nuisances other than in streets, as miore than it is. Exception, 224-229 192, 193 Fines under ordinance concerning the On immediate payment of fine, stripes gauger, 241, 242 may be remitted to slave found Fine tor opening pistol gallery withabroad without pass,. 194 out liceiise,... 244 Fine for signing or endorsing pass Fines for injuring buildings, grounds, without authority,. 195 trees, &c.,... 246 Fine for suffering slave to ride in Fine for selling spirits to be drank hack without consent ot his owner where sold,... 247 or employer,. 195 Fine on agent of foireign insurance Fine for renting house to slave,. 196 company for acting without liFine for suffering slave to hire him- cense,... 249 self out or board himself, omr for Ordinance concerning fines and punfailing to do what is required as to ishments, prescribing mode of proboard of slaves,.. 196, 197 secuting and collecting fines, 252-254 Fine for retailing ardent spirits to slave, 197 FINES AND PUNISHMENTS. Fine for employing free negro who is without copy of register,.. 198 An ordinance concerning prosecuFine on free negro for insolent, dis- tions before mayor, and the collec - orderly or indecent conduct,. 198 tion of fines and infliction of Fine tor selling medicine to slave, 198 punishments,.. 252-254 Fine tor allowing unlawful assembly of negroes on lot,.. 200 FIRE. Fine on person who hires out slaves, for failing to return required lists Power of council for prevention of to mayor,..201 accidents or injury by fir'e,. 32 Fine imposed by statute for violating Power to establish, regulate and quarantine regulations,. 106 equip fire companies,.. 32 272 INDIEX. To purchase engines, &c., and keep FIREE N EGROES. them in order,... 32 Committee of council to be appointed Council may prohibit fr'ee neoroes on fire department,. 50 from raisingf hogs or keeping dogs, Ordinance to establish a fire brigade, 12, 36 156 161 Free negro dr-iver of hack may be What officers and men to compose punished with stripes for ref'sing brigade; their oaths; the fire de- to take passenger,.. 191 partmient,... 156, 157 Free n(egro sining pass for slave, Engines, &c., provided by council. without authol ity, to be punished Other fire associations forbidden, 157 with stripes,... 195 Meetings of fire department; pro- Free negro renting house to slave to ceedings; clerk.'Theii authority be punished with stripes,.. 196 for dividing, stationing, equipping Free negro not to suffer slave to and regulating the brigade, 157 remain on his lot without owner's Principal engineer to command bri- consent,.. 197 gade. His duties,. 158 Punishment of free negro for retailCommander of company. His duties, ing ardent spirits to slave.. 197 158, 159 Punishment for going without copy Absentees to be reported; who to of register,.. 197, 198 return monthly list; what fines for Fine for employing free negro who is absence,.. 159 without copy of register,.. 198 Principal engineer to be reported to Punishment of free negro for insocouncil tfr absence from fires, &c,, 159 lence, and for disorderly or indeOfficers removable by council; men cent conduct,... 198 may be discharged by the depart- For administering medicine except ment,... 159 to another free negro,.. 199 Fine tor insubordination, &c.,. 159 For beating slave,. 200 Fine tor interfering with fireman on See title Neyroes, for general produty, &c.,... 159 visions, including all classes of For such offence slave to be pun- colored persons. ished with stripes,.. 160 Fire police, how constituted, duties, 160 GAMING. What assistance to be given them by city police, t. b 160 tCouncil may suppress gaming houses, 12 Who may be member of fire brigade, 160 And gaming,. Compensation of officers and men, and clerk,... 160GARISEE When brigade shall assist the police, 160 Member of brioade not to do work collecto may ummon garnishee for taxes. After summons, fow accounts for wolk done for de- taxes a lien on debt, &c.,.. 82 partment to be examined, certified If garnishee does not appear, what and paid,.... 161 judgment against him,.. 82 Fire engines not to have names, 161 If hedoes appear, what proceeding What terms apply to hook and lad- and judgment, 82 der company,.. 161 GAS. Fire department may enlist firemen to ring bells,... 161 Superintendent of' the works, whben and where to be elected,.. 4 FIRING GUNS, CRACKERS, &c. What certificate of conducting officer, 7 Council to acertain who is elected, 7 Council may prevent it,. 36 Person elected to be notified,. 8 Fine for discharging firearms, throw- Incumbent to continue till successor ing stones, &c., in street,. 179 qualifies,... 8 Fine for discharging fireworks or W hen new election to be ordered, 8 firearms, or making alarming Vacancy in the office, how filled,. 9 noise, &c., &c.,... 227 Power of council as to gas -nworks, fixtures, &c.,.. 10 FISCAL YEAR. Council may have streets lighted,. 11 Superintendent's powers, duties and When to commence and end,. 58 pay to be determined by council, 17 Council may require oifficial bond FORESTALLING MARKET. and fix the penalty,. 17 May remove him frlom office, for Forfeitures and fines, e 127, 128 what cause~,.e 18 INDEXo 273 May declare office vacant by failure committee, and what returned by to qualify,.. 18 committee to council,.. 120 Gas works excepted from property Chamberlain's accounts, o. 120 put under control of committee on Assistant inspector to report paving public grounds, &c.,. 103 needed; to whom,.. 120 Ordinance concerning the gas works, Fires: who shall attend, and for 107-1231 what purposes,... 121 Committee on light; inspector and Penalties for injury to the fixtures of assistant inspector; how appointed, 108 the works; for lighting lamp; putWhen committee to meet. Duties ting up additional pipe, &c.,. 121 and powers,. 108 If injury involuntary, what to be Bonds of officers. What officer to I done,. 121 receipt for; what to deliver up, 108 Meters and gas fixtures; interferSalaries of officers,.. 1091 ence with them finable,.. 122 Rooms of officers: their whole time Consumers to admit officers on premto be devoted to official duties,. 109 ises,.. 122 Their office hours,.. 109 Protection against fraud. Rules and Superintendent's general duties, 109, 110 regulations may be made,.. 122 His duties in regard to street mains Officers to report, and superintenand lamps,.... 210 dent to prosecute violations of ordiTo employ and control hands, and nance,.. 123 to control his subordinate officers, 110 When superintendent of gas to report To prepare estimates of work and to superintendent of streets pavematerials, pay hands, &c.,.110 ments taken up in laying gas pipes, His purchases, and how they shall be &c.,.... 182 paid for,.... 111 He shall record operations at the GAUGER. works,.... 111 His report, when, and what to con- To be elected-when and vwhere, 4 tain,... 112 What certificate of conducting offiClerk of committee,.. 112 cer,..... 7 Applications for gas, how made, 112 Council to ascertain who is elected, 7 Plans of fittings and fixtures to be To notify him of his election,. 8 furnished to inspector.. 113 incumbent to continue till successor Sizes of tubing, meters and number qualifies,.... 8 of lights allowable,.. 113 New election to be ordered, in what Tubings, &c., to be approved by in- cases,... 8 spector, after trial,.114 Vacancy, how filled, 9 Plans of gas fittings, how to be mark- What liquors, &c., may be gauged, 12, 36 ed and how disposed of,.. 114. Ordinance concerning the gauger, Assistant inspector's duties,.. 114 241, 242 Service pipe; what free, what to be What liquors, &c., to be gauged and charged, 115 inspected, and how casks to be What accounts assistant inspector to marked,.... 241 keep. What reports to auditor, 115 Penalty for selling before gauged; for Duty of consumer when about to re- altering or putting on marks,. 241 move, or when there is a leak,. 116 When merchant may sell. Penalty Inspector's duties,... 116 for selling or refilling cask with His returns to the auditor. How he gauger's mark on it,. 241, 242 may obtain assistance,. 116, 117 Gauger not to vend articles required Terms on which gas to be supplied, 117 to be gauged, 242 What auditor to enter in bill book, 118 Gauger may appoint deputies: liable Gas bills, how prepared and. deliv- ftr them,. 242 ered,. 118 Gunter's scale to be used,. 242 Discount on gas bills. If bills un- Compensation for gauging; by whom paid, when gas to be stopped,. 118 paid,... 242 Sales of coke, &c., by superinten- Gaugers's account to chamberlain; dent,. 118 and what he shall publish. Penalty To whom money paid, and to whom for failure,. 242 report made of such sales,. 119 Monthly returns of officers to audi- GAUGING, WEIGHING AND tor,.... 119 MEASURING. Auditor's ledger. When unpaid bills to be given for collection,.. 119 Authority of council, and as to what, What accounts auditor to render to articles,... 12, 36 35 274 INDEX. See Gauger; Grain, &c.; and Weigh- Fine for acting without paying tax masters. and obtaining license,.. 95 GRAIN, &c. HAY, FODDER, &c. When, where, and for what time Council may provide for weighing, 12, 36 measurer of grain to be elected, 4 But no tax on bales sent in by farWhat certificate of conducting officer, 7 mers of the State,... 12 Council to ascertain who is elected, 7 How hay in bales to be marked; when And to notify him,... 8 to be unpacked and weighed,. 216 Incumbent to continue till successor See Weigh-masters. qualifies,... 8 When new election to be ordered,. 8 HEALTH. Vacancy, how to be filled,. 9 Council to provide for measuring Powers of council to establish and grain, &c.,.. 12, 36 regulate hospitals,. 30, 31 Ordinance concerning the measurer To enforce removal of patients to of' grain,... 22-2141 hospitals,. 31 What grain, &c., may be brought to To provide for appointment, &c., of the measurer to be weighed,. 212 board of health,. 31 When party contracting to sell or Ordinance concerning health and the buy shall be fined for refusing to city hospital, 145-147 have article weighed,. 213 When committee on the hospital to Standard weight of grain, &c. Pe- be appointed,. 145 nalty for refusing to be bound by When hospital physician to be apmeasurer's certificate. l easurer pointed: he is to be superintento test his scales,... 213 dent of quarantine, 145, 202 3leasurer may appoint deputies; af- Compensation as hospital physician, ter oath of office deputy may dis- and as superitendent of' quarantine, charge duties of principal, but 146, 202 principal liable. How deputy may He is also to be health officer of the be removed,... 213 city,. 146 Compensation of measurer,. 213 What other officers and attendants What meausrer to rel-ort to cham- committee may employ, and fix berlain quarterly, and what to compensation for,. 145, 146 publish in newspaper. Penalty for What committee may purchase, and failure,... 213, 214 how expenses paid,. 146 What patients to be received in hosGRAND JURY. pital,.. 146 Powers and duties of hospital physiLegal powers for examination of jail cian as health officer, &c.,. 146 reserved to grand jury,.. 31 By whom expenses of patients to be When and by whom grand jury sum- paid. How collected,..147 moned,.... 42 Ordinance to establish a board of How jury to act, 42 health,... 147, 148 What proceedings on their present- When board appointed, and how ments,.. 4, 42 constituted,.. 147 Times of meeting —when president to HACKS. be chosen-who to act as clerk,. 148 Duties of the board,.. 148 See Wagons, &ec. Powers and duties of the president, 148 Compensation of members,.. 148 HARBOR MASTER. Ordinance concerning quarantine, 201-206 Master of vessel arriving with pow- Who and what shall perform quarander to report to harbor master,. 210 tine,.. 2U2 Keeper of magazine to report to him Superintendent of quarantine; what upon delivery of powder to vessel assistants,. 202, 203 or boat,.... 210 Quarantine to be governed by the statute,.... 203 HAWKERS AND PEDLARS. What buildings, &c., superintendent shall provide,... 203 Council may grant and tax licenses, Vessels subject to quarantine, what 14, 40 they shall do,... 203 What tax to be paid, and of whom Power of mayor to order vessel into license to be procured, 93! quarantine, &c.,... 203 INDEX. 275 Superintendent to board vessel sub- 1How entered in assessor's book,. 67 ject to quarantine, &c. What he Licenses taxed,... 77 shall enquire and report, 203, 204 Other powers and duties of superin- HOSPITALS. tendent as to vessel, &c., subject to quarantine,.. 204, 205 See Health. Vessels performing quarantine, how designated,.. 205 HOUSES. Lighters; when only they shall be Buildings. employed about vessels at quaran- See tine,. 205 flow passengers under quarantine HOUSES OF REFUGE OR 001shall be supported,. 205 RECTION. When vessel released from quarantine, what master shall do,. 205 Council may provide and regulate No person to enter quarantine enclo- them, 13, 30 sure, or go on board or have com- And prescribe reasons, time and manmunication with vessel, without ner of confinement or employment permission of superintendent. Pe- thereii... 13, 30 nalty,. 205, 206 Fine imposed by code for violating HUSTINGS COURT. quarantine regulations. See note See Court of ilusti egS. on page. 206 INCOMES. HENRICO COUNTY. Council may tax them,. 15 Constable of the county not to execute justice!s warrant in civil case INCORPORATED COMPANIES. within city limits,. 17, 43 Nor execution issued on judgment What to be listed by assessor, 69, 70 obtained on such warrant, 17, 43 Bonds, &c., taxed, 7 If he does, what penalties, and how See Joint Stock Companies. recoverable,. 43 Illegal for magistrate of county to INDECENT OR DISORDERLY issue warrant in civil case between citizens of Richmond,.. 43 CONDUCT. HIGH CONSTABLE. Power of council to prevent lewd, indecent or disorderly conduct, 13, 37 Election of, when and where,. 4 Non-residents guilty may be exWhat certificate of conducting offi- pelled,... 13, 37 cer,.....7 Obscene, profane or threatening lanCouncil to ascertain who is elected, 7 guage at market, or fighting there, Person elected to be notified,. 8 to be fined,.. 131 Incumbent to continue till successor N egro to be punished for insolence to qualifies,.... 8 white person, or indecent or disorWhen new election to be ordered, 8 derly conduct,. 198 Vacancy to be filled by hustings Beating slave, how punished,. 200 court,.9 bFine for indecent exposure of perPowers, duties and fees of high con- son, 227 stable,. ~ 17 Penalties to which he is subject,. 17 With consent of hustings court, may appoint deord court 17to enter as to Not to be issued to stop operations What record court to enter as to deputy,. 17 on city works; what exception, 34 Court may remove him,. 17 He may discharge any duties of his INSPECTOR OF GAS. principal,.. 1 17 See Gas. HOGS, DOGS, &c. HINSURANCE AGENCY. See Annimals. HORSE-TRADERS. For company out of city, may be, prohibited until license obtained, I4 Council may tax dealers in horses, Council may require tax on license, l&mules, or horned cattle,. - 15 Per centum on premiums, o 14 276 INDEX. And bond for payment of per cen- Capital of company located in city tu,.. 15 excepted from assessment,. 69 Profits of agency exempt from fur- Profits of company located out of ther assessment,... 70 city excepted,.. 70 Ordinance concerning taxes on such agencies, [repealed by subsequent IRON WORKS AND MILLS. ordinance,]... 92, 93 Agent to obtain license; under what What to be included in assessor's valpenalty,.. 92, 249 uation, 65 Must pay tax and give bond for per centurm on premiums before license,.. 92 What account to be kept; under Power of council for erection and rewhat penalty,... 92 gulation of city prison,.. 31 Agent to return semi-annual ac- Power of circuit court over prison counts. On failure, license forfeited reserved,.... 31 and bond to be prosecuted,. 93 Powers of grand jury reserved,. 31 License for one year; chamberlain's Committee (t council to be appointed fee for issuing it,. 93 fr the jail,.. 50 Ordinance concerning taxes on in- Ordinance regulating employment of surance agencies, repealing fore- persons in the city jail on public going,. 249-251 works,... 218, 219 Agent of company out of city not to Mayor may order persons in jail to establish agency in city without be employed on public works,. 218 license; under what penalty,. 249 May depute police or appoint other The license when issued is till first of persons to attend prisoners while June, and authorizes agent to act at work,... 218 for one or more companies,. 250 Prisoner while at work shall have Class taxes of agents,.. 250 ball and chain attached to him, o 219 How classes determined,.. 250 Compensation to a person not a poAgent to apply for license to council, lice oflicer for attending prisoners, 219 and on paying tax shall receive license,.. 250 JAMES RIER. Term of license, and chamberlain's fee for issuing it,. 250, 251 What part within jurisdiction of Upon what payment agent under court of hustings,. 3, 41 former ordinance may have old Pollution of water so as to affect suplicense cancelled and new issued, 251 ply for the city, to be prevented, Former ordinance repealed; with 10, 32 what exception,. 251 Who to weigh long forage at dock Commencing clause of this, 21 or in James river 215 INSURANCE COMPANIES. JAMES RIVER AND KANAWHA COMPANY. What to be listed by assessor, 9MPAN. Dividends taxed,.. 76 The toll-gatherer may act as weighmaster near basin, on giving bond IFSURRECTION OR INVASION. to city, 215 Fine on company for permitting boat In time of war, insurrection or inva- with offensive water or other nuision, council not restrained as to sance to remain in canal, locks, use of sinking fund,. 16 dock or basin,.. 224 In time of riot or insurrection, mayor may make requisition for fire bri- JOINT STOCK COMPANIES. gade,... 160 Of what joint stock companies assesINTERNAL IMPROVEMENT COAM- sor to ascertain capital,*.. 69 Of what companies the profits for PANIES. preceding twelve months,. 70 Taxes on joint stock companies,. 75 Subscription to; how and in what Ordinance concerning the stock case sense of the people to be owned by city in joint stock comtaken,.. 15 panies,.. 100, 101 Iff decision in favor of subscription, Proxies to represent city when apcouncil to subscribe, o 16 pointed, 100 INDEX, 27 Proxies present to give vote. Prox- LANDINGS, WHARVES AND ies pro teas., how appointed,. 100 DOCKS. Proxies to report to the council,. 100 When proxies to be paid, and what, 101 Powers of council in reference to, 11, 32 JUl:RISDI(CTION. Council may lay duty on vessels using them,. 11, 32 Of corporate authorities, how far it When sale of cargo at dock or wharf, Of corporate authorities, how far it use ot sidewalk and carriage what use of sidewalk and carriage ex~tends,... 3, 41 way allowed,. 175 JUSTICE OF THE PEACE. What use of dock in lading or unlading vessel not to be considered Aldermen of the city to have powers as causing nuisance or obstruction, 176 of justices,... 3, 42 Who to weigh forage at dock, &c., 215 Justice's warrant in civil case not to be executed in city by county con- LECTURES. stable,... 17, 43 Nor execution issued on judgment Power of council to establish lyceum obtained on such warrant, 17, 43 or athenaeum for public lectures, 11 Penalty of disobedience of this pro- Lectur on literary or cientific subhibition,.... 43 ject not to be taxed,. 94 Illegal for county justice to issue warrant for debt between citizens of Richmond,. 42 When garnishee for taxes may be summoned before a justice,. 82 See Indecent Conduct. What judgment if garnishee do not appear,.... 82 LIBRARIES. What done if he does appear,. 82 Justice may have negro driver of Council may establish public libraback whipped for refusing to take ries, or aid in their support,. 11 passenger,. 191 May remit stripes due slave found LICENSES. abroad without pass, on immediate payment of fine,... 194 When justice may require owner to Powers of council to grant and tax remove building,.. 227, 228 licenses in specified cases, 14, 39, 40 When he may have lot of non-resi- Council may tax licenses in cases not dent filled up or drained at owner's otherwise provided for in charter, 16 expense,.. 228 Subject, however, to the proviso in What discretion of justice as to fine constitution, 16 for offence of minor,. 252 May fine or punish for doing without ~Wha~t as to of'fentce of slave or free Dlicense that for which license is renegro,. 252, 253 quired, 40 When justice may issue execution for Ordinance fixing license taxes, &c.; fine,... 253 74-78 See Aldermen.2 How person may obtain license to commence business,.. 77 KILN. How license taxes to be collected,. 78 How persons to be classified for liWhen fine for burning lime, brick, cense taxes,... 78 or other kiln, o 226 How person dissatisfied with his class may be heard,... 78 LAGER BEER SALOONS. Ordinance as to license taxes on insurance agency,.. 92, 93 Council may tax keepers, 15 This ordinance repealed,.. 151 How entered in assessor's book,. 67 Ordinance as to licenses granted by Licenses taxed, 77 the mayor, 93-95 Butcher iiust obtain license,. 125 LANCASTERIAN SCHOOL. Ordinance as to licenses, &c., to wagons, drays, carts and hacks) 184-192 See Education. Regulations as to licenses for dogs, 221 Must be special license from council LAND. for pistol gallery,... 244 Penalty tor opening gallery without See Assessor; Collector; and Rcal Pro- license,.. 244 pewtty. Ordinance relative to licenses to in 27$8 IND F surance agents, repealing former Stall, &c., how rent fixed; how ordinance,.. 249-251 paid; for what period to be rented, 125 When committee may declare stall, LIVERY STABLES. &c., vacant; which clerk shall then rent out again. When clerk Council may tax keepers, 15 to sue for rent,.126 How keepers entered in assessor's When clerk to rent stalls, &c., at book,..67 auction. Renter not to rerent,. 126 Stalls taxed,.. 78 Butcher selling for another, what he shall pay. Fine for violating, LIVE STOCK. 126, 127 Fine for occupying place or stand Council may provide for weighing, 36 before daylight. Whatto bepaid for selling fish, fowls, eggs or vegLOANS, BONDS, &c. etables for another,.. 127 After market hours may purchase or See Debt of city. sell on street. What shall not be sold at market, and who shall not LOCOMOTIVE ENGINES. buy,. 127 Slaves must have written permission See Steam Esngines. from masters to sell at market, or consent of clerk,.. 128 LONG( FORAGE. Butcher to have sign: must be neat in person and keep stall in order, 128 See Weighemasters. Butcher's box; how to be fixed and kept,. 128 LOTS. Butcher to exhibit at market hides and ears of' animals brought for See Realk Property, Taxes, &c. sale. What he shall not bring to market. Filth, &c., not to be left LUMBER. about the building or vicinity,'. 129 How long live animals may be kept Council may provide for measuring, tied at or near market house,. 129 12 36 Fine and forfeiture for selling unsound meat, &c.,. 130 LYCEUM, Clerk to examine meats, &c., offered for sale, and take possession of and Or Athenaum may be established, 11 bury such as are forfeited,. 130 Measures and weights to be used at MANAGER OF POOR-HOUSE. market,.... 13 Illegal scales, weights, &c., and articles deficient in weight forfeited. See iPooro mWhat clerk to do to enforce this PMANUFACTURERS. provision,. 130, 131 When person not to sell on adjoining streets,... 131 Council may tax them,. 15 Clerk may order butcher to remove How entered in assessor's book,. 67 cart, &cay order btcher to remove ~Licenses taxed, a~. -.7 cart, &c., or horse,. 131 Licenses taxed,... 76 Obscene, profane or threatening language and fighting at market to be MARKETS. punished,... 131 Clerk to prosecute of enders; to have Powers of council in relation to mar- police prosecute oendersto have kets,.. - 30 police powers, 131 kets,..od. 30 Clerk to appoint deputy; his duties And market grounds,. 33 and pay,... 131, 132 Ordinance concerning markets, Clerk to account to chamberlain, 123-132 who must report default to counHow markets designated,.. 124 cil,... 132 Committees and clerks of markets, Clerk of second market to be weighwhen and how appointed,.124 master; only gives one bond,. 214 Committee to supervise; clerk to at- Butcher's dog not to go into market tend market. At what hours mar- Bou se, o t 22 e kets to be held,. 124 house, 222 Clerk to keep market, &c., clean. IARRIED WOMAN. His compensation,. 125 Clerk to rent out stalls, &c. Butchers For her violation of ordinance, husmust obtain license,. 125 band prosecuted, 252 INDEX. 279 MAYOR. Ordinance concerning the police, 149-155 Member of court of hustings, 3, 41 When mayor may increase police, 149 His powmers and jurisdiction, Mayor lo have control of whole po3, 17, 42, 43, 44, 45 lice, and designate ward in which How paid,. 4, 28 officer shall reside,. 149, 150 When, where, and for what time When and how mayor to nominate elected,.... 4 for officers of police,. 153 W/hat certificate of conducting offi- Mayor shall appoint and may discers, 7 charge the watchmen,. 153 Council to ascertain who is elected, 7 Mayor's court, where and when to And notify him of his election,. 8 be held,... 153 Incumbent to continue till successor Mayor to report state of police to qualifies,... 8 council. Police officer not to be In what cases new election to be absent from city without his leave, 153 ordered,... 8 Mayor may have blanks printed for Vacancy, how filled, o o 9 use of the police,.. 154 What fines and claims recoverable Compensation of' mayor, &c.,. 154 before mayor or alderman, 17, 45, 252 In case of substitute for absent offiMust hold his court when, where cer of police, what mayor to certify and how often, 17, 44 to auditor,.. 155 Provision for holding court during Mayor to have control of the secret his absence or a vacancy in the service fund,. 155 office, 17, 44 Engineer of fire department to report How mayor elected under old char- negroes or boys to mayor for runter... 23, 24 ning with engine, &c.,.. 159 Keeper of ordinary not eligible for Mayor may make requisition for fire mayor,.... 24 brigade in time of riot or insurrecCommencement and duration of ser- tion,.... 160 vice,.. 26 What lists hirers of slaves to return Vacancy, by whom to be filled, and to mayor,... 200 how,... 27 When mayor to deliver such lists to,Oath of office to be taken; effect of the chamberlain,.. 201 failure,... 27 Mayor may order vessel into quarCopies of ordinances, &c., made evi- antine, &c.,,,..203 dence by certificate of mayor and Master of vessel released from quarseal of city, 41 antine to deliver his permit to Mayor to keep office in convenient mayor, 205 place,.. 43 Mayor may order persons in jail to To be keeper of the seal of the cor- be employed on public works,. 218 poration,.. 43 May depute police or appoint other When appeal from his judgment to persons to attend prisoners,. 219 court of hustings, how obtained, 44 What he may pay person not of poMayor to supervise and control po- lice for such service,.. 219 lice,.. 44 When mayor may require owner to To conduct election of delegate, sen- take down building, &c.,. 227, 228 ator and member of congress,. 45 When he may have lot of non-resiWhen constitutionality of by-laws, dent filled up or drained at owner's &c., involved, what appeal from expense,.. 228 mayor or alderman, and how ob- General powers and duties bf mayor tained,... 45 to have nuisances abated, 228, 229 Ordinance prescribing oath of office, 48 What fines and penalties to be proseOrdinance concerning licenses grant- cuted before mayor,. 252 ed by mayor,. 93-95 What account of fines imposed mayor Non-resident hawker or pedlar to to return to chamberlain. What pay tax and obtain license,. 93 accounts of police officers of fines What license tax on keepers of bil- collected,... 253, 254 liard tables, bowling alleys, theatres, &c.,. 94 MAYOR, ALDERMEN AND COMWhat exhibitions, &c., exempt from MONALTY. tax,.. 94 License by mayor; what stated in it, 94 Powers, estates, trusts, claims, debts, Mayor may defer license till house or &c., transferred to "The city of room for exhibition is examined Richmond,".. 22, 23 and reported safe,.. 94 And to be held and exercised by the Fine for acting without license,. 95 council,.. 29 280 INDEX. MEAL. MUSICAL PERFORMANCE. Council may provide for measuring, 36! No tax to be paid for such performance, if it be onlv of music, 94 MEASURER OF GRAIN. NEGROES. See Grain. May be prohibited from raising hogs MECHANICS' INSTITUTE. or keeping dogs in city,. 12, 36 Owners or employers may be reSchool building belonging to the In- quired to provide board and lodgstitute exempt from taxation,. 71 ing,....12 Unlawful assembly; council may deMEMBER OF CONGRESS. fine and prescribe punishment,. 12 Slaves above twelve years may be Under charter of 1842 mayor re- taxed,.13 quired to conduct election, Council may tax keeper of private.quired to conduct election,. 45 negro jail or boarding place, 1 negro jail or boarding place, 15 Keepers of private negro jail, Ac., to MERCHANTS, TRADERS AND be entered in assessor's book,. 67 SHOP-KEEPERS. Their licenses taxed,.. 77 Persons who hire out slaves to be enCouncil may tax them,. 15, 40 tered, 67 How to be listed by assessor, 67 Tax on them, 77 Licenses taxed,. 76 How slaves entered in book, 68 What use of side-walk allowed to Tax on slaves,.. 75 merchant, Ac.,. 174, 175 Commiittee on Oakwood Cemetery may appropriate part of ground for burial of negroes,.. 104 MESSENGER OF THE COUNCIL. Charge fbr burial of negro,.. 106 Negroes in hospital shall be in sepaOrdinance for appointment of a mes- rate rooms from whites,..146 senger, -.. v 53 Hospital expenses of slave to be paid When and by whom appointed, 53 by owner,. 147 Tenure of office and compensation, 53 Negro to be punished with stripes for Duties,. 53 resisting police officer,. 155 Negroes and boys not to run with MILITARY. fire engine,.159 Slave to be punished with stripes for See Volunteers. interfering with firemen on duty, or meddling with engine, &c.,.. 160 MILLS AND IRON WORKS. Slaves hired for work on streets, &c., to be furnished with proper What to be included in assessor's food, clothing and lodging,. 163 valuation. 65 And to be under management of overseer of city hands,.. 164 MINORS. Penalty for selling slave in case not authorized,.. 175 How to be prosecuted for violation For what offences in driving, &c., of ordinances,. 252 slave to be punished with stripes, 179 Negro driver of hack may be punMOLASSES. ished with stripes for refusing to take passenger, -. 191 Council may require it to be gauged Ordinance concerning negroes, 193-200 and inspected,... 12 Who are deemed negroes, 194 Ordinance prescribing duties, &c., of Slave found absent from home at gauger,... 2419 242 night without pass may be punished with stripes,. 194 MORTGAGE. How pass given; when and by whom to be endorsed,. 194 Mortgage, &c., of goods not to pre- When such offence of slave, justice vent distress for taxes,. 81 may remit stripes on immediate payment of fine, 194 MBULATTOES. When pass signed by person without authority, what punishment of Bee Nregroes. signer and slave,. - 194, 195 INDEX. 281Penalty for suffering slave to ride in How negroes to be prosecuted and hack without consent of his owner punished for violations of ordior employer,... 195 nances,... 252, 253 What places negro not to walk in,. 195 Stripes in no case to exceed thirtyWhere negro not to smoke,.. 195 nine,.... 253 Negro not to keep cook-shop or eating house. Exception,.195 NEGRO JAIL. Negro not to cairy cane at night. Exceptions,.. 195, 196 Council may tax keeper of private Regulation as to negroes standing or negro jails or boai ding places,. 15 -walking on sidewalk,. 196 How entered in assessor's book,. 67 Negro not to organize or attend se- Licenses taxed,. 77 cret societies, 1. 96 NIGHT-WATCH. Penalty for i entino house to slave, 196 Slave not to hire himself out or board See Police. himself. NX hat owner or hirer to do as to board of slaves, 196, 197 NON-RESIDENT. Free negro not to permit slave to remain on his lot without consent If uilty of lewd, indecent or disor, of master,... 197 derly conduct, may be expelled, 13, 37 Penalty for retailing ardent spirits Non-resident freeholders could vote to l;ive,.. 197 under old charter,. 26 Punishment of free negro for going Tax on land ot non-resident, how to \ithout copy of register,. 197, 198 be collected,. 38, 39 Fines, &c., for employing such free When lot of non-resident may be negro,. 198 filled up or drained at his expense, 228 Negro to be punished for insolence, NUISANCES. and for disorderly or indecent conduct,....198 Powers of council in reference to White person not to give or sell wea- nuisances,.. 11, 35, 36 pons to negro. Negro not to keep When owner or occupier of lot to pay them,.. 198 for filling up, &c., or for removal White person not to sell medicine to of offensive substance,. 11, 228 slave. Negro not to administer Officer superintending construction medicine. Exceptions, 198, 199 of drain, gutter, &c., to take care ANegro engaged in riot, &c., or com- that no nuisance arise fi om it,. 165 mitting a tresspass, how punished, 199 Penalty f(r nuisance in street; what What loitering of negroes about a not nuisances,. 176 church an unlawful assembly. Nuisance in street to be removed; by Punishment,. 199 whom, within what time, under What an unlawful assembly of ne- what penalty,. 177 groes upon lot,. 199 As to nuisances from animals going How negroes in such assembly ar- at large, and the penalties, see Anirested and punished. Peirson al- mnale. lowing such assembly fined,. 200 Ordinance concerning nuisances other Persons beating slaves, how punished, 200 than in streets,.. 224-229 Ordinance concerning slaves hired in What nuisance in canal, &c. Penalthe city,.. 200 ty —fines. By whom and at whose Those who hire out slaves to return expense removed,.. 224 to mayor lists of slaves, and to Penalty fobr causing nuisance on prowhom hired,... 200 perty of another,.. 224, 225 The list prima facie evidence of the Fine, &c., when nuisance removed hiring,.. 201 by negro from one lot to another, 225 Lists to be delivered to chamberlain When owner or occupier of lot may at end of each year,. 201 be fined for nuisance thereon. Fine Powder from magazine not to be de- for not removing nuisance after nolivered to negro. Exceptions,. 211 tice,.. 225 Punishment of slave for raising hog When privy shall be removed,. 225 or keeping dog in city,..220 Slaughter-house or distillery a nuiFine on employer and punishment of sance. Penalty for continuing it, 225 negro for moving nuisance to lot When fine for burning a kiln, and of' another person,. 225 what,... 226 Negro to be whipped for wilful injury When unslacked lime to be removed; to buildings, grounds, trees, &c., 246 penalty for failing to remove it afNegro to be whipped lor selling ar- ter notice,... 226 dent spii its, &c., to be drank where Stove pipe how to be put up. Penalsold,.. 146 ty for putting it up otherwise,. 226 282 I-NDEX. When chimney may be burned. Pe- Oaths of officers and men of fire brinaltv,.. 226 gade,... 156, 157 Regulation for sale of popcrackers, Deputy measurers of grain to take &c. Penalties tor dischalrging fire- oath before acting,.. 213 works or fire-arms, making unusual noise, and sailing balloons or kites, OFFENSIVE WEAPONS. &c.,....227 Indecent exposure of person,. 227 Not to be given or sold to negro. When mayor may require owner to Negro not to carry them,.. 198 take down building, a&c.,. 227, 228 W!hen lot of non-resident may be OFFICERS OF CITY. filled up or drained at his expense, 228 Mayor may order nuisance to be Elections,... 4-9, 23-26 abated. Penalty of failure to obey How certain elective officers may be order within time prescribed, 228, 229 made appointable by court or council,... 9 O AKWOOD CEMETERY. General powers of council to appoint additional officers, to prescribe Committee to be appointed. Their their duties, powers and pay, and authority.... 104 to take bonds,. 17, 29 May lay off cemetery into sections, All officers appointed by council, refix prices, and appropriate part (f movable at its pleasure, 18, 29 ground for burial of colored per- Of u hat offices the same person can sons,.... 104 hold but one,... 18 How and when keeper to be appoint- Provisions as to persons in office at ed, how removable,. 104 adoption of revised charter,. 19 Regulations as to selection of sec- Council to appoint its own officers tions,.... 104 and clerks,. 28 What certificate chamberlain to give Official bonds, how prosecuted, 29, 30 as to section selected,.. 104 What officers court of hustings may Regulations as to section after it is appoint,... 43 sold,..105 Ordinance prescribing oaths of office, 48 Who may be buried in'"public por- For other matters, see the titles of tion," and at what price,.. 105 the different offices. Felon not to be buried unless committee consent,. 105 OFFICIAL BONDS. Keeper to reside on premises, and take care of it; not to cut any tree, 106 See Bonds. Duties and fees of keeper as to burials,... 106 OIL. G rave to be six feet deep,. 1(16 What entries keeper to make in his Council may require to be gauged book, and what report from it,. 106 and inspected,.. 12 Keeper to plant trees and improve Ordinance prescribing duties, &c., of the walks,. 107 gauger,... 241, 242 Salary of keeper: committee may hire person to aid him,.. 107 ORDINANCES, &a. OATHS OF OFFICE. Ordinances consistent with charter continued in force,. 19 Member of council to take oath be- General power of council to pass byfore sitting,.. 7 laws, ordinances, &c, and for what Mayor, recorder, alderman and mem- purposes, 28 ber of council to take oath, 27, 48 Copies of ordinances, &c., when eviFailure to do so vacates office,. 27 dence,. 41 Officers of' court of hustings to take When constitutionality of ordinance, oath,... 43 &c., involved, what appeal from Ordinance concerning official oaths, alderman's decision,. 45 &c.,.... 48 No ordinance to be passed the day it Within what time mayor, aldermen, is introduced, 51 &c., must take oath,. 48 How ordinance amended, suspended Who else to take oath and in what or repealed,... 5t form. Fine for acting without Enacting and repealing ordinance, 248 taking oath,.. 48 Ordinances preceding this to be in Chamberlain and auditor to take oath, 55 force from and after June 13, 1859, 248 Assessor's oath,.. 72 Repealing clause,... 248 INDEX. 283 What ordinance specially excepted For remission of fine or repayment from the repeal,... 248 of tax, how disposed of, 51 What offences, penalties, prosecutions, &c., not to be affiected by re- PISTOL GALLERY. peal,.. 248 Appendix of subsequent ordinances, Ordinance concerning galleries for 249-254 pistol practice,... 244 Must be special license from council ORDINARIES, TAVERNS, &c. for pistol gallery,. 244 15 39 Fine for opening gallery without liCouncil may ta keepers, cene,... 244 For what offices keeper of ordinary ineligible under old charter,. 24 POLICE. How keepers of ordinaries, &c., listed, ~. ~ 67 Licenses taxed 76 77 Captain of the night-watch, when, where, and how to be elected, 4 What certificate of conducting officer,..... 7 Buildingf belonging to orphan asy- Council to ascertain who is elected, 7 lum exempt from taxation,. 71 And to notify him of his election,. 8 Appropliations to male and iemale Incumbent to continue till successor orphan asylums,... 234 qualifies,.... 8 Warrant of justice in civil case not OVERSEER OF CITY HANDS. to be executed within city limits by constable of county,. 17, 43 Hands, &c., employed on public Nor execution on judgment obtained works to be under management on such warrant,.. 17, 43 of the overseer,... 164 In criminal cases, city police to have Overseer not allowed to contract to same powers, duties and fees as supply them with food, clothing, constables,.. 18, 150 &c.,.... 164 And be subject to same penalties 18, 150 What work on streets overseer shall As to violations of charter, ordihave done under direction of su- nances, &c., of city, to act as counperintendent,.. 181 cil may direct,... 18 Salary of overseer to be prescribed Power of council as to city watch, 32 from time to time by council,. 183 Authority of mayor over police,. 44 Overseer of city hands to have charge Officer ot day police to conduct charof persons from jail when employed ter elections,... 47 on public works,.. 218 On appointment of police officer, Obedience to overseer to be enforced member ot council may decline to by attendant policeman,.. 219 vote,.. 52 Clerk of market to have police powOVERSEERS OF THE POOR. ers,..... 1351 See Poor. Police to report violations of ordinance relative to water works,. 144 PAINTING, SCULPTURE, &c. Ordinance concerning the police, 149-155 Artist not to be taxed for exhibition 94 Of what regular police force to conArtist not to be taxed for exhibition, 94 sist,.. 149 PATENT MEDICINES. Police to be under control of mayor, subject to council's regulations, 149, 150 Council may tax dealer in patent, Powers, duties, fees and residences specific or quack medicines,. 15 of the police, 150 PEDLARS. Watch-houses; rendezvous of nightwatch; roll-call, and distribution See Hawkers or Pedlars. of watch,.. 150 PERSONAL PROPERTY. How long watchman in the same district; and how long two may be See Real and Personal Property. on duty together. Retailer of spirits or merchant not to be a watchPETITION. man,....151 For change from elections by people Watchman's time of service; to light and extinguish street lamps, 151 to appointments by court or coun- extinguish street lamps,. 161 cil, what proceedings,. 9 How watchman to summon aid; how For poll on question of subscription person arrested to be conveyed to to internal improvement company, watch-house,... 15?i what proceedings,. 15 Three districts in city, witl officer 284 INDEX. of night watch to each. His du- POOR. ties, and duties of the day police officers,.. 151, 152 Manager of poor-house, when and Duties of the whole of the police, 152 where to be elected,. 4 How police officers nominated and What certificate of conducting offiappointed,... 153 cer,.... 7 Watchmen, how appointed and con- Council to ascertain who is elected, 7 trolled: they and their officers to And to notify him of his election, 8 reside in city,... 153 Incumbent to continue till successor Mayor's court, where and when held. qualifies,.... 8 Mayor to superintend police and re- Council to prescribe his duties and port its state to the council,. 153 fix his pay,.. 17, 29 Forms for police matters to be pre- Under charter of 1842 council appared by attorney for city,. 154 pointed manager,... 30 Pay of the mayor and police,. 154 Council may provide and regulate Officer of police to receive no other work-houses and houses of refuge compensation. If officer absent, or correction,. 13, 30 mayor may supply his place: in And prescribe cause, time and mansuch case, what pay,. 154, 155 ner of confinement or employ ment Penalty for resisting police in dis- therein, 13, 30 charge of duty,... 155 Ordinance concerning the poor, 230, 231 Secret service fund,.. 155 When overseers of the poor appointCommittee on police. What referred ed; their term of office. Council to it,. 155 may remove overseer or fill vaFire police; how constituted; their cancy,..230 duties,. 160 When and where annual meeting to Police of city to assist fire police, be held,.... 230 visit engine houses, &c.,.. 160 Overseer may employ and fix comWhen fire brigade to assist city po- pensation of physicians, nurses and lice,.. 60 servants,. 230 Police officer may order vehicle stand- What paupers to be made to work, 230 ing in street to be removed; pe- Board of overseers may prescribe nalty it driver fails to obey,. 179 regulations and recommend measFor what oflence of drivers, &c., ures,... 231 officer may arrest without war- Board, in matters not provided for rant. If offender a negro may be in ordinance, to be governed by whipped,. 179 the statute, 231 Police officers to report violations of Compensation of overseers. How the ordinance concerning the sale that and expenses paid,..231 of wood,.. 193 Expenses not to exceed estimate of Police officer to enter place where un- board, unless special appropriation lawful assembly of negroes and ar- by council,... 231 rest them,.. 200 Ordinance to prevent begging, 231 Head-man of canal boat arriving with Police officers to inform overseers of powder to report to police officer, persons begging,... 231 and take berth' assigned by him, 210 Ordinance concerning the education Police officer to assign berth to boat of indigent children,. 232 237 to which powder is delivered,. 210 Police may be deputed to attend pri- PORT OF CITY. sons while engaged on public works, 218 Police olficers to report lists of hogs Power of council as to port wardens, to collector,... 221 11, 33 To take hogs, dogs and goats going Ordinance concerning port wardens, at large. What to be done with &c.,. 206-208 them,. 223 Portwardens; when appointed; what To account to chamberlain for money security, and how bonds prosereceived for dogs, hogs, &c., re- cuted,.. 206 deemed or sold,... 223 When to inspect vessel, and assess To intform overseers of the poor of damages. Fee,.. 207 persons begging,. 231 When to inspect cargo. Fee, 207' When master entitled to further inCommittee on police to provide rooms, spection,.... 207 &c., for coroner,... 239 When and to whom notice of damage What accounts of fines collected po- to cargo to be given, and when lice officers to return, and how damages assessed. Port warmden's chamberlain to settle with them, 253,'541 fee,. 207 INDEX. 285 When they shall call in a third, and report to auditor; what he shall how the judgment ascertained. pay; who shall examine accounts, Those employed to share the fte., &c,... 11, 212 207, 208 Comtnittee on public grounds to have When cargo abandoned, port war- supervision of magazine. Engineer dens shall sell it and account; their to report to committee condition commission,... 208 of powder carts,.. 212 Port wardens to keep record and return annual account,.. 208 PR ESENTMENTS. At what di-tance fiom port captain of steamboat to lessen its speed,. 208 In court of hustings, how to be proMaster of vessel arrivinr with pow- secuted,. 4, 42 deor to report to harbor master,. 210 Presentments and pleas of commonKeeper of magazine to report to har- wealth triable at any term,. 42 bor miaster when he delivers powder to vessel or boat,.. 210 PKIMARY SCHOOLS. PORT WARDENS. See Education. See Port of City. PROFANITY. POTATOES, &c. Profane language at market to be fined,.131 Council may provide for measuring, 12 Puni:hment of negro for blaspheWhen potatoes, &c., to be weighed mous words,... 198 by measurer of' grain,.. 212 PROPERTY. POWDER. See Real and personal property. Power of council to provide and regulate powder magazines, 30 Ordinance concerning the powder magazine,... 29-212 Council to appoint proxies to repreKE~eepel' of ip ader magazine, when sent city stock in joint stock comnand by whom appointed.'lenure paries. o.., 100 of' office,.. 2o9 Proxies to report to council, 100 To give bond before actin(,. 209 To keep magazine in orlder, and re- PUBLIC BUILDINGS. port injury and want of repail s,. 209 How much powder may be trans- Council may erect and keep them in ported at one time through city,. 209 order,. 30 Master ot vessel arrivin:' wNith pow- O-rdinance concerning public grounds del to report to harbor toaster,. 210 and buildings,. 101-103 Head man of boat with powder to Conmmittee to be appointed,. 101 report to police officer —not to use Dutis of committee,. 101 fire on boat,. 210 Commnittee to make report to counKeeper delivering powder to vessel cil, with estimate of repairs, &c., 102 or boat, to report to harbor mas- Engineer of the city to be superinter,..... 210 teudent of the grounds and buildWhat quantity of powder must be ingl.s His duties,.. 102 kept in tin canisters; what quan- When mayv make contract for work; tity must be sent to magazine,. 210 how wo'lk paid for, 102, 103 Keeper's duties and c,mxpensation WV'hat excepted ftiom this ordinance, 103 for transportation of powder,. 210 Otrditance tor protectingpublic buildKeeper to give receipt tor powder- ings, &c., from wilful injury,. 246 how ioften to turn powder, 210, 211 Powder not to be delivered to a ne- PUBLIC GROUNDS. gro. Exceptions,.. 211 For what losses to powder keeper Power of council relative to public and city not liable; for what losses squares,. 33 they a:e,. e, 211 As to public square belonging to What keeper to do when he sus- State,. 40 pects that powder ofleted is dam- Keeper of square and his duties,. 40 aged,.. 211 Oldituanlce coicerning the grounds, What accounts he shall keep and &c., owned by city, - 101-103 286 INDEX. Committee on grounds, &c., to be Delinquent real estate may be sold, 14 appointed,.... 101 Council may regulate terms of reDuties of committee,. 101 deimption,.14 When and what committee to report Real and personal property held by to council,... 102 or for mayor, aldermen and comEngineer of city to be superinten- monalty transferred to "The City dent of the grounds, &c. Ills of Richmond,".. 2, 23 duties, 102 Private property not to be taken When superintendent may contract without compensation; how comfor work; how work paid for, 102, 103 pensation ascertained,. 34 What public grounds negro not to Land of non-resident, how tax to be walk in,....195 collected,.. 38, 39 Where negro not to smoke,. 195 Council may mortgage public pro Ordinance regulating employment of perty and revenues for debt of persons in jail on public works of city,.... 40 city,. 218, 219 Ordinance requiring register of city Ordinance for protecting public property, &c., to be kept by augrounds and buildings, trees, &c., ditor,.. 60 from wilful injury,.. 246 Ordinance concerning duties of assessor,... 62-74 PUBLIC LIBRARIES. Ordinance imposing taxes,. 75-78 Ordinance for collection of taxes, 79-85 Council may establish, or aid in their Ordinance concerning the sale of support,.. 11 land for taxes, 86-91 Ordinance to protect churches, pubPUMP HOUSE. lic or private buildings, grounds, trees, &c., from wilful injury,. 246 Assistant superintendent of water works to take care of buildings RECORDER. and machinery,... 134 Member of hustings court, 3, 8, 41 QUACK MEDICINES. Has powers and jurisdiction of a justice,.. 3, 43 See Patent lfedicines. How elected,. o 3, 4, 24 How paid,., 28 QUARANTINE. For entries relating to the members of the court generally, see Court See Iealth. of HLstingas. Vacancy in the office of recorder, RAILROAD ENGINES, &c. how filled,.. 9, 27 Jurisdiction of recorder or other alPower of council to prevent too fast derman as to fines and claims, 17, 29 running of engines in city, 12, 36 When recorder to hold mayor's Engines may be excluded, if no con- court, 17, 44 tract violated,.. 12, 36 How recorder elected under old charPenalty for running engine, &c., ter of 1842, and who eligible,. 24 faster than prescribed rate. Bells Keeper of ordinary not eligible,.24 to be rung at crossing; penalty. Commencement and duration of his Steam whistle not to be blown, 177 service, 26 Vacancy, by whom filled, and how, 27 REAL AND PERSONAL PRO- Oath of office required; effect of failure to take it, 27 PERTY. When recorder to act as mayor, 44 Failing the recorder, the senior alEstates, &c., vested in corporation, derman to act,... 44 and placed under care and control Ordinance concerning oaths of office of council,. 10, 22, 23, 28 of recorder, aldermen, &c.,. 48 Lands for burying grounds, water Compensation of recorder and alderworks, &c., may be held by coun- men 48 cil,. 10 When lot may'be filled up at expense REGISTER OF WATER WORKS. of owner,. 11, 35 Lot on street may be taxed for pavy- See ater Works. inu, &c.,..3 Real and personal property taxable, 13 RETAILING ARDENT SPIRITS. Except slaves under twelve vears,. 13 Lien on real estate for taxes, 13 See Spirituous liquors, &c. INDEX. 287 REVENUES OF CITY. SENIOR ALDERMAN. By charter of 1842, council may See Aldermen. mortgage revenues, &c., for redemption of city debt,. 40 SERGEANT. Revenues to be paid over, held and disbursed as council directs,. 40 Election, when and where to be Ordinance for regulating receipts held,..4 and disbursements, e. 56 What certificate of conducting offiHow collector and agent to sell cer,. 7 bonds; shall pay money into trea- Council to ascertain who is elected, 7 sury,.. 56 And to notify him of his election,. 8 How all other moneys to be paid to Incumbent to continue till his succhaumberlain,... 57 cessor qualifies, 8. 8 And by him into the treasury,. 57 Vacancy during term for which elecPersons paying money otherwise tion held, to be filled by hustings still liable therefbr,.. 57 court,.. 9 Money paid in to credit of city, how Powei s and duties of sergeant under drawn out,.... 58 charter of 1842, as to elections, 24-26 When fiscal year to commence,. 58 Sergeant was appointed by hustings Salaries of officers and interest on court,. 43 bonds, how to be allowed,. 59 Had the powers of a sheriff as deHlow claims on city authenticated,. 59 fined by State laws,. 43 Hlow to be paid, 59 Hustings court to make allowance to For other details of this ordinance, sergeant. Who to be paid by him see Auditor of Accounts and Chant- out of this allowance,.. 238 berlatn. See also Taxes. SHOPKEEPERS. RICHMOND. See 2lferchants, &c. See City of Richsondo0d SHOWS AND EXHIBITIONS. RIOTS. Council may grant and tax licenses for,..... 14 Council may adopt measures to sup- May make regulations as to the press riots, 12, 37 houses or rooms,... 14 MIayor may make requisition for fire What tax on license, 94 brigade in time of riot, &c.,. 160 What exhibitions, &c., exempt, and Negro engaging in riot, &c., how to in what cases mayor may dispense be punished,... 199 with tax,.... 94 When tax paid mayor may grant SAVINGS INSTITUTIONS. license,.. 94 Mayor may suspend license till place How to be assessed for taxes,. 69 of exhibition duly certified as safe, 94 Tax on capital,... 75 Fine for exhibiting without paying Tax on dividends,... 76 tax and procuring license where these are required,.. 95 SCHOOLS. SINKING FUND. See Edlucation. Seven per cent. of city debt to be set SEABROOK'S WAREHOUSE. apart annually,... 16 How applied or invested, 16 Committee of the council to be ap- For future debts, an annual sum expointed fobr,... 50ceeding the interest by one per cent,.... 16 SECRET SOCIETY. How applied,.. 16 Fund not to be diverted from its obNegro not to organize or attend se- ject except in time of wvar, &c.,. 16 cret society,... 196 Ordinance to carry into effect requirements of charter,. 98, 99 SENATOR. SLAUGHTER-HOUSES. Under charter of 1812, mayor required to conduct election,.45 TPower of council relative to, - 35 288 INDEX, Slaughter-house in city a nuisance.' SPIRITS OF TURPENTINE. Fine for continuing it,. 225 Council maly require to be gauged SLAVES.' and inspected,.. 22, 36 Ordinance concerning duties, &c., of gauger, 241, 242 For general provisions, including all gauger, 241, 2 colored persons, see Neqroes.PIRITUOUS LIQUORS WINES, &o. Slave may be prohibited trom raising hogs or keeping dogs in city, Council may require gauging and in12, 36 specting, 12, 36 Slaves above twelve years may be May tax orl supress tippling houses, taxed,.... 13 May tax o12 suppr ess tippling houses, Council may tax kerper of private May impose fines for unlawfully renegro jail or boarding place,. 15 tailing ardent spirits, &c.,. 12 And persons who hire out slaves,. 15 Assessor to state whether merchant How entered by assessor,. 67 has license to sell spirituous liLicenses taxed, 77 quors... 68 How slaves listed,.. 68 Fine, &c., for retailing ardent spirits Tax fixed, 75 to slave,.. 197 When slaves shall not be distrained, 83 Ordinance concerning the gauger, Collector to provide sustenance for 241, 242 slaves, horses, &c., levied on,. 83 What liquors to be gauged and how When such slaves, &c., shall be casks marked,.., 241 sold,... 83 Penalty for selling before gauged, for When sale may be adjourned,. 84 altering or putting on marks,. 241 Slaves not to sell at market without When merchant may sell. Penalty written permissionofmaster. Pun- for selling or refilling cask with ishment for doing so,..128 gauger's mark on it,. 241, 242 Hospital expenses of slave to be paid Gauger not to vend articles required by owner,.. 147 to be gauged,.. 242 Slave to be whipped for interfering Gauger may appoint deputies; liable with fireman on duty, or meddling for them,. o. 242 with engine, &c.,.. 160 Gunter's scale to be used,. 242 Slaves hired for work on streets, Compensation for gauging; by whom &c., to be furnished with proper paid,..,. 242 food, clothing and lodging,. 163 Gauger's account to chamberlain. To be under management of overseer What he shall publish. Penalty of city hands,... 164 for failure,.. 242 Penalty for selling slave in street in Penalty for selling ardent spirits, &c., case not authorized,. 175 to be drank where sold,. 247 Slave may be punished with stripes, for what offences in driving, &c., 179 STABLES. Driver of hack, if a free negro or slave, may be punished with What sidewalk crossings opposite stripes for refusing to take passen- stables, &c.,.. 172 ger,. 191 When owner of premises does not pay Penalties for hiring house to slave, 196 for the paving, how it is to be assessed against him,. 172, 173 Slave not to hire himself out or board himself. What owners or STATE OF VIRGINIA, employers to do as to board of slaves,... 196, 197 Bonds of State excepted from assessSlave not to administer medicine, 199 ment and taxation, 69, 75 Punishment of slave for raising hog Land or building belonging to State or keeping dog in city,. 220 also excepted,.. 7 How slave prosecuted and punished for violation of ordinance; when STEAMBOAT. master to be summoned, 252, 253 In no case stripes to exceed thirty- At what distance from port of city nine,. 253 speed of steamboat to be lessened, 208 SMOKING. STEAM ENGINES. Council may prevent running too Where negro not to smoke,.. 195 fast in city,. - 12, 36 INDEXo 289 May exclude them, if no contract How corners, lines, &c., of streets violated,... 12, 36 designated,....167 Penalty for running engine faster Culverts. From whom leave to enthan prescribed rate, &c., 177 ter them to be obtained,. 167 How leave obtained; what to be STONE. paid for it. Penalty,. 167, 168 Manner in which connection to be Council may provide for measuring, made,.... 168 12, 36 Penalty for injuring or obstructing culvert,. 168, 169 STREETS. Width of sidewalks,.. 169 Cellar-doors; how to be constructed; Superintendent of; how, when and when not allowed,.. 169 where to be elected,. 4 Vault under street; who may allow, What certificates of conducting offi- and how to be constructed, 169, 170 cers,.. 7 Penalty if vault or cellar is not proCouncil to ascertain who is elected, 7 perly made and kept in order; peAnd to notify him of his election,. 8 nalty if vault left open,.. 170 Incumbent to continue till successor What sidewalks commissioners may qualifies,... 8 have wholly or partly paved. Limit Power of council over streets and al- of annual expenditure, 170, 171 leys, 11, 33 What they may have paved four feet Over street or alley ceded to city, 11, 35 wide. Limit of expenditure,. 171 Lot taxable for paving or curbing How much, and in what manner adjoining street, within what limit, 13 owner of lot paving sidewalk may Powers, duties and pay of superin- be paid,... 172 tendent to be determined by coun- Flag-stones; at what crossings to be cil,.... 17, 29 laid down. How sidewalk-crossing Council may take official bond from to be made,.. 172 him, and fix the penalty,. 17, 29 Flag-stones to be laid where carMay remove him from office, for riages or horses are to cross sidewhat cause,.. 18, 29 walk,. 172 May declare office vacant by failure Who to pay for such work, *. 172 to qualify,.. 18 What use of street by person engaged Paving made necessary by laying in work for city. Barriers to be down gas pipes, to be reported to placed round excavation, and a superintendent of streets,.. 120 light near it. Penalty,. 173 rWhen persons not to sell on streets How much of street person may use adjoining market,... 131 for depositing building materials, Ordinance concerning streets, 161-183 and for how long. For what work Commissioners of streets, when and barriers required. Penalty for not how appointed,... 163 placing barrier,.. 173, 174 They are to appoint a chairman. How much of sidewalk merchant What a quorum,... 163 may use and how. When auction They may hire hands and purchase in street allowed. Use of sidewalk materials; how payments to be &c., at dock for sale of cargo. Pemade,... 163, 164 nalties, 174, 175 They shall recommend repairs and Who to keep open paved gutter,. 175 improvements of streets and cul- What dirt, &c., from lot may be put verts,.. 164 in street. How long to remain, Authority of ward commissioners 175, 176 over streets, &c., in their ward,. 164 Filth or nuisance not to be put or reElow their orders for work to be main in street. Penalties. What made, recorded and made known not nuisance. When railroad car to general commissioners,.165 not. What awnings are, 176, 177 What officers to contract for work. Who to remove or give information Contract to be filed with chamber- of nuisance. Penalty for failure, 177 lain,.. 165 Rate allowed for engine or car. PeWho to superintend work. His duty, 165 nalty for exceeding it. When enHow work authorized by commis- gine bell to be rung. Steam whissioners to be paid for: limitation tie not to be blown in street. Peof expenditure,. 165, 166 nalties,. 177 Grade of streets, how established, Drivers of wagons, &c., to walk how altered. Person designing to horses; not to feed in street. ~'ild must obtain certificate of Horse-racing and fast driving pro-,et grade at that point, 166, 167 hibited. Penalty, 177, 178 3'a 290 INDEX. Horse not to be tied or driven on side- What certificate of conducting officer, 7' walk. Penalty,.. 178 Council to ascertain who is elected, 7 Penalty for driving wagon with And to notify him of his election,. 8 locked-wheel, suffering vehicle to Incumbent to continue till successor stand in street without holding qualifies,.. 8 reins, &c.,.. 178 Power of council as to surveyor, 11, 33 Drivers must turn to the right in Validity and effect of his surveys meeting; must not stop in middle and acts,... 11, 33 of street. Penalty,. 178, 179 Ordinance concerning the surveyor, 243 Officer of police may have vehicle Duties and compensation of surveyremoved. Penalty, if driver fail or,... 243 to obey his order,... 179 Where he shall keep his office, and For breach of either of five preceding when he shall be in it,.. 243. sections police officer may arrest Cost of books procured by him, how offender and take him before mayor. paid,.. 243 If offender a negro, may be whipped... 179 TAVERNS. Firing cannon, &c., playing bandy, throwing stones, shooting arrows, See Ordinaries, &c. blowing horn, &c., prohibited,. 179 Wheelbarrow, hand-carriage, &c., TAXES. not to be used on sidewalk, except carriage for infant children,. 180 Assessor and collector to be elected, Engineer of city and overseer of city when, where, and for what time, 4, 37 hands; when and by whom ap- What certificate of conducting offipointed, 180 cers,... 7 What survey and plan of city engi- Council to ascertain who are elected, 7 neer to make. How to be disposed And to notify them, e. 8 of,... 180 Incumbents to continue till succesTo make surveys, plans and estimates sors qualify, 8 for culverts and other public works. Power of council and purposes, subTo be architect and draftsman,. 180 jects and limits of taxation, 13, 37 Superintendent of streets to be secre- Collector may distrain and sell for tary of commissioners. What plans, taxes,. 13, 37 &c., to be made by him,.. 181 Has other powers of sheriff to enforce Hle is to explore streets, report ob- collection,... 13 structions to mayor, and direct and Taxes, a lien on real estate, 13, 38 superintend overseer of city hands, 181 Delinquent real estate may be sold He is to have replaced pavement tak- for taxes,. 14 en up for water or gas pipes, 181, 182 Council to regulate terms of redempWhat engineer and superintendent to tion,. 14 report to commissioners,.. 182 Power of council to tax licenses and What assistants, books and imple- sales of auctioneers, 14, 39 ments allowed engineer and super- Licenses for theatrical and other perintendent,.. 183 formances and exhibitions, 14, 39 Council to assign rooms to engineer Of keepers of wagons, carts, hacks, and superintendent,..183 &c,.... 14, 39 Salaries of engineer, superintendent IOf hawkers and pedlars,. 14, 40 and overseer,.. 183 License and premiums of agency for Negroes not to smoke in streets or foreign insurance company,. 14 public grounds,.196 Other occupations and trades subject Negroes on sidewalks not to stand to taxation,. 15, 39, 40 together at corners; must give Powers, duties and pay of assessor way to white persons,. 196 and collector to be determined by council,... 17, 29 SUPERINTENDENTS Council may take official bonds from them and fix the penalties, 17, 29 Of gas works, streets, water works, May remove them from office, for hospital and quarantine. See Gas; what cause, 18, 29 Streets; Water Works; Health, May declare offices vacant by failure to qualify,.... 18 SURVEYOR. Taxes paid by tenant, without agreement, may be deducted from rent When, where, and for what term or recovered, 38, F' elected,. 4 Tax on land of non-resident, how to Vacancy, how filled,.. 5 be collected,. INDEX. 291 By# ordli nanre assessor required to Form of collector's receipt to purreport facts on application for re- chaser,.. 87,88 paymlntnt of tax,...51'W7hat list of sales collector to make HIow" collector to pay moneys into out,... 88 treasury,.... 56 Oath of collector,.88 Ordinance concernino powers and du- When list of sales shall be returned ties of assessor,.. 62-74 to auditor,.. 89 For details of this ordinance, see As- When and how lots sold may be rese.ssor. deemed,... 89 Ordinance imposing taxes for support W hen and how purchaser may obtain ot city government,. 75-78 title,. 89 Tax on real estate,.. 75 When and how deed may be made to On personal property, money and assignee or heir,. 89 credits,.. 75 Purchaser failing:to get title, owner On persons, 75 may redeem by payment to chamOn interest or profit on public bonds, 75 berlain,.. a 90 On dividends of savings institutions What title shall vest in purchaser, and insurance companies,.. 76 though proceedings irregular, 90 On dividends of bank stocks,. 76 When inants, &c., may redeem, and On merchants, traders and shop- on what terms,.. 90, 91 keepers,.. 76 When collector shall purchase on beOn manufacturers,... 76 half of' the city, 91 On brokers,... 76 When lot purchased,for city may be On ordinaries,.. 76 redeemed, and by what payment On keepers of' houses of private en- to chamberlain,... 91 tertainment,. 76 Ordinance concerning taxes on insurOn keepers of private boarding ance offices,.. 92, 93 houses,.. 77 Agent of any insurance company loOn keepers of lager beer saloons, 77 cated out of city to pay tax and Tax on keepers ot negro jails,. 77 procure license,... 92 On agents to hire out slaves or rent What per centum on premiums to be out houses,.... 77 paid to city,.. 92 On dealers in horses, mules and This ordinance repeated by subsehorned cattle,... 77 quent ordinance,. 249-251 On auctioneers,. 77 Ordinance imposing tares on licenses On keepers of cook-shops and auc- granted by the mayor,. 93-95 tiont houses,. 77 W hat license tax non-resident hawker how person mnay obtain license to or pedlar to pay,. 93 commence business,. 77 What license tax on keepers of bilHo-w license taxes to be collected,. 78 liard tables, bowling alleys, theaTax on keepers of livery stables,. 78 tres, &c.,.. 94 Commrittee of tinance to classify per- What exhibitions, &c., exempt from sons for license taxes,. 78 tax,.... 94 Blow persoin dissatisfied with his class Amount of tax to be stated in license, 94 may be heard,. 78 Fine for failure to pay tax and obtain Ordinance concerning collection of license,. 95 assese d taxes,.. 79-85 Ordinance establishing sinking fund, For details of this ordinance, see 98, 99 Collector. When and to what extent taxes inOrdinance concelrning the sale of land cteasedl to carry out provisions of tot taxes,... 86-91 ordinance,... 99 When year fnl- taxes on real estate What taxable property person must to comomence. From that time the have to be me:mber ot fire brigade, 160 taxes a ien,... 86 When owner of lot to be. assessed' hen and how lots advertised for with cost of sidewalk-crossing, 172, 173 non-payment of taxes,.. 86 Tax on hogs,... 220 Notice of sale to be subjoined to the Assessor to register hogs and dogs. published list,... 87 Police officers to report hogs to Whetn sale shall be made and when collector, Dutyofcollector, 220, 221 and howv adjourlted, 87't'ax on dogs,.... 221' icenses tor keeping dogs; chamberSo much of lot to be sold as will sat- lain's duty,... 221 isty the taxes. Con imission of col- Ordinance concerning taxes on insurlector,.... 87 ance agencies,.. 249-251 Collector shall not purchase real es- Class taxes of agents,..250 tate sold,... 87 Tax to be paid to chamlberlain,: 250 292 iNDEXo Upon what payment agent may have UNIVERSITY. his cld license cancelled, and another issued under this ordinance, 251 What scholars of Lancasterian school to be recommended to visitors of TENANT. University, and by whom,, 236 UNLAWFUL ASSEMBLY. Right of tenant as to taxes paid by UNLAWFUL ASSEMBLY. him,... 38, 82 Of negroes; authority of council to define, and to prescribe punishTHEATRICAL PEniRFORMANCES, ment, 12 &c. What loitering of negroes about church an unlawful assembly. Licenses for, and for other exhibi- Punishment,. 193 tions, may be granted and taxed What an unlawful assembly of neby council,. 14 groes upon lot,... 199 Council may make regulations as to How negroes arrested and punished. houses or rooms,... 14 Person allowing such assembly fined, 200 What tax on license,. 94 2 What performances and exhibitions VAULT UNDER STREET. exempt, and in what cases mayor may dispense with tax,..94 By what permission, and how to be When tax paid, mayor may grant made: openings, how made and license,... 94 secured,... 169, 170 Mayor may suspend license for per- Penalty, if vault not made in conformance, &c., until place of exhi- formity with ordinance, or if openbition reported safe,..94 ing left unfastened or insecure,. 170 Fine for acting without paying tax and obtaining, license where these VESSELS. are required,. 95 Council may lay duty on vessels for THIEVES, BURGLARS, &c. using city landings, wharves, &c., 11, 33 Power of council in relation to them, 37 When sale of cargo at dock or wharf, what use of sidewalk, &c., allowed, 175 - TIPPLING HOUSES. What use of dock in lading or unlading vessel, 176 For vessels under quarantine, see Council may tax or suppress tippling Ilealth. houses,. 12, 37 Fines for selling spirits to be drank VINEGAR. where sold, without having license to keep ordinary,... 247 Council may require to be gauged and inspected,. 12 TITHABLES. Ordinance prescribing duties, &c., of gauger,... 241, 242 Of city, exempt from county levies, and from poor rates, other than for VIRGINIA. poor of the city,.. 37 6poor ofthe city, 37- See State of Virginia. TR1A\DERS. VOLUNTEERS. See I1erchants, traders, &ce. Ordinance concerning the first regiment of Virginia volunteers,. 245 TRUST ESTATES. Sum to be paid annually to the colonel,.. 245 Held for or by mayor, aldermen and Sum to be paid each company; upon commonalty, vested in "The City what certificate of captain,. 245 of Richmond," -. 22, 23 VOTERS AND VOTING. UNITED STATES. Qualifications of voters in ward elecLand or building belonging to the tions,. 5, 23 United States excepted from taxa- Council to prescribe fine for illegal tion, 71 voting,.. 7 INDEX, 293 General power of council to prevent What shall be a load, 189, 190 abuse of right of suffrage,. 23 Rates of charges f'or hacks, &c.,.190 Non-resident freeholders could vote Plan of city and printed copies of under old charter,.. 26 rates to be furnished owners of vehicles or others; at what charge, 191 WAGONS, DRAYS, CARTS, Copy of plan, &c., to be kept by HACKS, &c. driver of hack. Penalty for failing to show it when required, or Council may grant and tax licenses charging more than rates,. 191 to those who keep them for hire,.14 Penalty on driver or owner of hack, And subject them to regulations,.14 &c., for refusing to take passenAssessor to list only those vehicles ger. What exceptions,. 191, 192 for which no license has been paid, Ordinance concerning the sale of 68, 70 wood,. 192,. 193 Penalty for driving vehicle faster Vender of wood to have standards to than allowed speed, 177, 178 his cart. Penalty for failure, or Penalty for driving on sidewalk,. 178 for selling wood as more than it is. For driving wagon with locked Exception,... 192, 193 wheel; for suffering vehicle to Inspector of coal carts to be inspecstand in street without holding tor of wood carts. His duty and reins,.. 178 fee,..... 193 For not turning to right when vehi- Police officers to report violations of cles meet, or for stopping vehicle the ordinance,.. 193 in middle of street, 178, 179 For not removing vehicle when or- WARDS. dered by police officer,. 179 For what offences in driving, &c., Division of city into wards,. 5, 24 police officer may arrest offender Power of council to alter wards, 5, 24 without warrant; and offender, if Distribution of members of council a negro, may be whipped,. 179 and court of hustings,. 4, 24 Ordinance concerning wagons, drays, Elections in wards, when to be held carts, &c.,... 184-192 and for what officers,. 4, 23 F'or what vehicles kept for hire own- Wards to be kept separate in assesers to take license. What bond to sor's books,,. 72 be given; for whose benefit and To be three commissioners of streets how suits brought on bond, 184, 185 to each ward, who are to be speTaxes on licenses,.. 185 cial commissioners fobr the "ward, 163. No coal cart licensed until owner General duties of ward commissionproduce proper certificate from in- ers,.. 164, 165 spector of coal carts, &c.,. 185 What contracts for work to be auLicense and tax on wagon, dray or thorized by warct commissioners, 165 cart employed on street by owner, Ward commissioners may grant per185, 186 mission for making vault under Licensed vehicle to have its number street,. 169 and name of owner painted thereon, 186 Powers of ward commissioners as to Penalty for keeping vehicle for hire paving sidewalk,.. 170, 171 without license, &c. Penalty for Ward commissioners may require suffering slave to ride in hack, plans and estimates of superinten&c., without consent of master,. 186 dent of streets,... 181 How license to keep vehicle for hire Ward committees on primary schools, 234. may be transferred, 186, 187 Committees to control appropriation Coal and dirt carts to be tight,. 187 to primary schools, purchase books Inspector of coal carts, &c. when to and select teachers,.,. 234 be appointed and what he shall Other duties of the ward commitcertify about vehicle. Fee for cer- tees,.. 234 235, 237 tificate,. 187, 188 Penalty for hauling coal without cer- WAR, INSURRECTION OR INtificate, or for wasting coal from carts,. 188 VASION. If size of cart, &c., lessened after inspection, license forfeited, and Releases council from restriction as owner to be fined,... 188 to use of sinking fund,.. 16 Rate of charges for transportation on licensed wagon, &c. Penalty WARRANT. for refusing to pay rate, or for making higher charge, - 188, 189 Of justice in civil case not to be exe 294 INDEX. cuted in city by county constable, To keep map of pipes and account 17, 43 of cost of extensions, 134, 135 Nor execution issued on judgment To keep account of branch pipes, obtained on such warrant, 17, 43 hydrants, &c., with cost of mateIf he does, what penalties,.. 43 rials,... 135 County magistrate may not issue How and where persons shall apply warrant for recovery of debt or for water,.... 135 damages by one citizen of Rich- How water introduced into premises, mond against another, 42' and by whom, 135, 136 Water rents. Rates for different WATCH. buildings, &c.,. 136-139 When superintendent may fix water See Police. rents. Council may change rates, 139 When rents payable,.. 139 WATER WORKS. How long rent must continue. How rent to be discontinued,.140 Superintendent and register, when, How bills for water rent made out where and how elected,. 4 and presented,. 140 What certificate of conducting offi- Deduction for prompt payment. How cer,. 7 rent collected if not paid to cham-,Council to ascertain who elected,. 7 berlain,... 141 And to notify them,. 8 Water or fixtures not to be introIncumbents to continue till succes- duced into lot but by superintensors qualify,.. 8 dent. Exception,. 141, 142 When new election ordered, o 8 What plumbers may not do without'Vacancy, how filled, 9 permission,. 142 Council may hold land for water When superintendent or his agent to works, 10, 32 be permitted to enter lot. Fine May charge for the use of the water, 10 for refusal,. 142 Mlay protect the works from injury, Penalty for injuries and obstructions 10, 32 to works, pipes, machinery, &c., Mday prevent the pollution of water 142, 143 supply,.. 10, 32 Penalty for waste, or permitting'Territorial jurisdiction for these pur- another to use water, and for using poses,... 10., 32 the water without paying rents,. 143 Powers, duties and pay of superin- Committee may permit poor persons tendent and register to be deter- to use water,. 143 mined by council,. 17, 29 Exceptions to prohibitions of use of Council may take official bonds from water,.... 144 them and fix penalties, 17, 29 Superintendent to enforce ordinance. GMay remove them from office, for Duty of police,... 144 what cause, 18, 29 When and to whom superintendent May declare offices vacant by failure to report pavements taken up in to qualify,.... 18 laying water pipes, &c., 181, 182 Water works excepted from property put under control of com- WEAPONS. mittee on public grounds, &c.,. 103 Ordinance concerning the water Person not to give or sell offensive works,.. 132-144 weapons, &c., to negro. Negro aCommittee on water; when and how not to carry them,.. 198 constituted. To appoint assistant superintendent,... 133 WEIGHMASTERS. General powers of committee. Who to act as clerk,... 133 Authority of council to provide for Superintendent to give security. weighing, &c., and as to what When and to whom to deliver his articles,.. 12, 36 books,... 133 Ordinance to provide for weighing Compensation of superintendent and long forage and other articles, 214-217 assistant,... 133 Weighmaster to be appointed for General duties of superintendent, first market; what bond, &c,,. 214 133, 134 Clerk of second market weighmaster Assistant to -reside at pump house. there; only gives one bond, 214, 215 His duties,... 134 Weighmaster for each market to Superintendent to employ hands, have care of city scales. When purchase materials, &c. How pur- and where he shall attend-what chases paid for,. e - 134 he shall weigh,... 215 INDEX. 295 Toll-gatherer for James River and WINE, LIQUORS, &c. Kanawha company to be weighmaster near basin —shall give See Spirituous liquors, &c. bond. Penalty for acting before giving bond. Fees,. 215 When forage may be weighed else- WOOD. where,.... 215 What forage shall be weighed. How Council may provide for measuring, hay in bales to be marked. When 12, 36 to be unpacked and weighed,. 216 Ordinance concerning the sale of Penalty for selling or storing for sale wood, 192, 193 forage before weighed, &c. Ex- Venders of wood to have standard. ceptions,.... 216 Penalty for not having standards, What certificate weighmaster shall or selling wood as more than the give. What record and marking, true quantity. Exception, 192, 193 216, 217 Who to be inspector of wood carts. How weighmaster to mark forage His duty and fee,. 193 deemed not merchantable,. 217 Police officers to report violation of Fees of weighmaster,.. 217 the ordinance,... 193 When to return account to chamberlain; what to pay over. Chamber- WOODEN BUILDING. lain to report default,.. 217 In what cRo' WEIGHTS AND MEASURES. In what c By what weight and measure articleo to be sold at market. B3utr keep patent balances - spicuous place. Pu' Clerk of market to and measures. illegal scale