THE CHARTER
OF THE

CITY OF RICHMOND,
Approved May 24 - amended

July

11,1870;

AND

T H E CITY O R D I N A N C E S ,
PASSED SINCE THE

LATE EDITION OF THE ORDINANCES
IN

1 8 6 9 .

PUBLISHED BY AUTHORITY OF THE

COUNCIL OP THE CITY OF RICHMOND.

RICHMOND:
EVENING NEWS STEAM PRESSES.

1871.

AN

ACT

Providing
a Charter for the City of
approved May 24, 1870, as amended
approved July 11, 1870.

Richmond,
by an Act

CHAPTER I.
ELECTIONS.

«| 1. Be it enacted by the general assembly, That the Charter of city
.3 territory contained within the limits prescribed by the of R i c h m o n d ;
l a c t passed February thirteenth, eighteen hundred and its territory
sixty-seven, and entitled an act to extend and define the
boundaries of the city of Richmond, and by any act
hereafter passed by the general assembly of this State,
* shall be deemed and taken as the city of Richmond ;
qfand the inhabitants of the city of Richmond,'for all
4j purposes for which towns and cities are incorporated in
« t h i s commonwealth, shall continue to be one body politic,
°^in fact and in name, under the style and denomination Corporate name
£Tof The City of Richmond, and as such shall have, exerVcise, and enjoy all the rights, immunities, powers, and Powers
"^privileges, and be subject to all the duties and obliga<0
tions now incumbent and appertaining to said city as a
municipal incorporation.
2. The administration and government of the said Administration
city shall be vested in one principal officer, to be styled md government
the mayor ; one board, to be called the council of the
city of Richmond ; and in such other boards and officers
as are hereinafter provided for.
3. The said city shall be divided into five wards, iVards
;vvhich number of wards the city council hereafter may
increase as they may deem it expedient. Every such
division shall be made in such manner as to include an
equal number of voters in each ward, as nearly as conveniently may be, consistent with the well defined limits
of each ward. Until such revision be made, the boundary lines of wards shall remain as now established.
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CHARTER.

4. Whenever any special election shall be ordered by
the city council for any object not provided for in the
general election laws of the State, they shall communicate their order for the same to the judge of the corporation court, and the same proceedings shall be had as
are provided by the laws of the State for special elections to fill vacancies in any municipal office.
Municipal
5. The election of municipal officers, hereinafter
elections, when mentioned, shall be held on the fourth Thursday in May
held
next, and on the fourth Thursday in May in every
second year thereafter, except for the election of city
treasurer, who shall be elected on the said Thursday in
every third year thereafter ; and the said elections shall
be conducted under the provisions of the general election laws of the State.
Vacancies, how
6. In cases of vacancies arising in any municipal
iilled
office herein provided to be filled at the first election
that may be held thereafter in said city, it shall be the
duty of the mayor forthwith, upon the happening of
such vacancy or vacancies, to certify the fact of such
vacancy or vacancies to the judge of the corporation
court, who shall issue his writ for election to fill such
vacancy or vacancies in the manner prescribed in the
general election law of the State.
7. The mayor and the members of the city council,
Oath of office,
before whom before entering upon the duties of their respective
taken
offices, shall be respectively sworn in accordance with
the laws of this State. Such oaths may be administered
to the mayor elect by any judge of a court of record
commissioned to hold any such court within said city ;
and the members of the city council by the mayor, being
himself first sworn as aforesaid, or by any judge of any
court of record as aforesaid,; and a certificate of such
oaths having been respectively taken, shall be filed with
the city clerk, and entered upon the journal of the city
Every other person elected or appointed to
Other officers council.
any office under this'act, or under any law or ordinance
of the city council, shall, before he enters upon the
duties of said office, take and subscribe said oath, and
such other oaths as may be required by law or ordiCity clerk, cer- nance, before the mayor or city clerk, the said clerk
tificates filed
having himself^been first sworn by said mayor or a judge
with
of a court of record as aforesaid ; and a certificate of
the same shall be filed in the office of said city clerk.
Special elections, how ordered

CHARTER.

5

If any person, elected or appointed to any office in said
•city, shall neglect to take such oath for forty days after
receiving notice of his election or appointment, or shall
neglect, for the like space of time, to give such securities as may be required of him by the city council, as
hereinafter provided, or as may be hereafter required
by any law or ordinance, he shall be considered as
having declined such office, and the same shall be
deemed vacant; and whenever any such vacancy shall
occur, another election shall be ordered or another
appointment made, according to the directions of this
act.'
CHAPTER I I .
MAYOR.

8. The mayor shall be elected by the qualified voters Mayor, how
of the city of Richmond for the term of two years, and elected and
until his successor shall be elected, and qualify; and w? ofoffi u e ld
no person shall be qualified to hold the office of mayor such 0ff1CQ
except such as shall be qualified to hold office under the
constitution of this State. His salary shall be fixed by Salary
the city council, payable at stated periods ; and he
shall receive no other compensation or emolument whatsoever ; and no regulations diminishing such compensation, after it has been once fixed, shall be made to take
effect until after the expiration of the term for which
the mayor then in office shall have been elected. The
salary of the mayor, when fixed, shall so continue until
changed by the city council as aforesaid.
9. He shall, by virtue of his office, possess all the His jurisdiction
jurisdiction and exercise all the powers and authority, and Powers
in criminal cases, of a justice of the peace of said city,
in addition to the powers hereby given to him by virtue
of this act, or that may hereafter be given to him by
virtue of any other act of assembly; but he shall Shall receive
receive no fees for his services as such justice of the no fees
peace.
10. It shall be his duty to communicate to the city General statecouncil annually, as soon as may be after the commence- ment to council
ment of the fiscal year, and oftener if he shall deem it
expedient, or be required by said council, a general
statement of the situation and condition of the city in
relation to its government, finances and improvement,
"with such'recommendations as he may deem proper.

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CHARTER.

11. He shall exercise a constant supervision over the
conduct of all subordinate officers, have power and authority to investigate their acts, have access to all books
and documents in their offices, and may examine said
officers and their subordinates on oath. He shall alsa
Shall not remove subordi- have power to suspend or remove such officers for misnate without
conduct in office, or neglect of duty, to be specified in
notice
the order of suspension or removal; but no such removal shall be made without reasonable notice to the
officer complained of, and an opportunity afforded him
to be heard in his defence. On the removal or suspenRemoval or
suspension to sion of such officer or officers, the mayor shall report
be reported to
the same, with his reasons therefor, to the city council,
council
at their next stated meeting.
W h e n presi12. In case of the absence or inability of the mayor,
dent of council
the president of the city council shall possess the same
shall act as
powers and discharge the municipal duties of the mayor
mayor
during such absence or inability.
13. In case a vacancy shall occur in the office of
Vacancy, how
filled
mayor, the city council shall elect a qualified person to
supply the vacancy until the first general election which
may be held in the city thereafter, when the vacancy
shall be filled by election for the unexpired term.
His powers over
subordinate
officers

CHAPTER I I I .
CITY COUNCIL.
Councilmen,
their election
and term of
office

Vacancy in
council, how
filled

President of
council

14. The council of the city of Richmond shall be
composed of twenty-five members, or more, according
as the number of wards of said city, as hereinbefore
provided, shall be increased. The several wards of
'said city shall be respectively represented in said city
council by five councilmen, who shall be residents of
their respective wards, and shall not be less than twenty-one years of age. They shall be elected by the
electors of their respective wards, and hold their offices,
respectively, for two years.
15. In the case of any vacancy happening in the
city.council, by death, removal from the city, resignation, or otherwise, the city council shall elect a qualified person to supply the vacancy until the next election which may be held in the city, when the vacancy
shall be filled by election for the unexpired term.
16. The council shall elect one of its members to act

CHARTER.

7

as president, who shall preside at its meetings ; and
when, from any cause he shall be absent, they may
appoint a president pro tempore, who shall preside during the absence of the president. The president, or
the president pro tempore who shall preside when the
proceedings of a previous meeting are read, shall sign
the same. The president shall have power at any time Called, meetto call a meeting of the council; and in case of his ingsof council
absence, sickness, disability, or refusal, the council may
be convened by the order, in writing, of any three
members of the council.
17. The council shall have the authority to adopt Rules officers
such rules, and to appoint such officers and clerks as and cl.erks of
they may deem proper for the regulation of their pro- councl
ceedings and for the convenient transaction of business ;
to compel the attendance of absent members ; to punish Power over
its members for disorderly behavior ; and, by a vote of members
two-thirds of the council, to expel a member for malfeasance or misfeasance in office. They shall keep a Journal
journal of their proceedings, and their meetings shall
be open, except when the public welfare shall require
secrecy.
18« A majority of the members of the council shall Quorum
constitute a quorum for the transaction of business.
But on all ordinances or resolutions appropriating when yeas and
money;, exceeding the sum of one thousand dollars, im- nayf entered
posing taxes, or authorizing the borrowing of money, on Journai
the yeas and nays shall be entered on the journal. No when vote revote shall be re-considered or rescinded, at a special considered, &c.
meeting, unless at such special meeting there be present
as large a number of members as were present when
such vote was taken.
19. The city council shall have, subject to the pro- Powers of city
visions herein contained, the control and management council
of the fiscal and municipal affairs of the city, and of
all property, real and personal belonging to the said
city ; and may make such ordinances, orders, and bylaws, relating to the same, as it shall deem proper and
necessary. They shall likewise have the power to make
such ordinances, by-laws, orders and regulations as
they may deem desirable to carry out the following
powers, which are hereby vested in them:
I. To establish markets in and for said city ; appoint Markets, &c.
clerks and proper officers therefor ; prescribe the times

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CHARTER.

and places for holding the same ; provide suitable buildings therefor, and to enforce .such regulations as shall
be necessary or proper to prevent huckstering, forestalling, and regrating.
Work-houses,
I I . To erect or provide, in or near the city, suitable
&c#
workhouses, houses of correction or reformation, and
houses for the reception and maintenance of the poor
Poor of the city and destitute. They shall possess and exercise exclusive authority over all persons within the limits of the
city, receiving or entitled to the benefits of the poor
laws ; appoint officers and other persons connected with
the aforesaid institutions, and regulate pauperism within
the limits of the city ; and the council, through the
agencies it shall appoint for the direction and management of the poor of the city, shall exercise the powers
and perform the duties vested by law in overseers of
the poor.
Public buildI I I . To erect and keep in order all public buildings
ln s
s » scares necessary or proper for said city ; to open, regulate
and ornament public squares and parks.
City prison
IV. To erect within said city a city prison, and said
prison may contain such apartments as shall be necessary for the safe keeping and employment of all persons
confined therein.
Water and gas
V. To establish or enlarge water works and gasworks
works within or without the limits of the said city; •
contract and agree with the owners of any land for the,
use or purchase thereof, or may have the same condemned for the location, extension, or enlargement of
their said works, the pipes connected therewith, or any
Protection from of the fixtures or appurtenances - thereof. They shall
in ur
J y
have power to protect from injury, by adequate penalties, the said works, pipes, fixtures, and land, or anything connected therewith, within or without the limits
of said city, and to prevent the pollution of the water
in the river, by prohibiting the throwing of filth or
offensive matter therein above the said water works,
within one mile above said water works.
' Landings,
VI. To establish, construct and keep in order, alter
wharves and or remove, landings, wharves and docks, on lands bedocks
, longing to the city ; and to lay and collect a reasonable
duty on vessels coming to and using the same, and to
regulate the manner of using other wharves and landings within the corporate limits; to prevent or remove

CHARTER.

9

all obstructions in and upon any landings, wharves or
docks. They may also appoint port wardens for the Port wardens
port of said city, prescribe their duties, and fix their
fees or compensation.
V I I . To close or extend, widen or narrow, lay out Streets and public alle s
y
v and graduate, pave, and otherwise improve, streets and
public alleys in the city, and have them properly lighted
ttnd kept in good order ; and they shall have over any
street or alley in the city, which has been or may be
ceded to the city, like authority as over other streets or
alleys. They may build bridges in, and culverts under, Bridges and cuisaid streets ; and may prevent or remove any structure, verts
obstruction or enroachment over, or under, or in a
street or alley, pj^any sidewalk thereof, and may have shade trees
shade trees planted along the said streets ; and njo com- Occupation of
pany shall occupy with its works the streets of the streets
city, without the consent of the council. In the mean- No injunction
time, no order shall be made and no injunction shall be against city>
awarded, by any court or judge, to stay the proceedings except w
of the city in the prosecution of their works, unless it •
•
be manifest thai;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.
V I I I . To prevent the cumbering of streets, avenues, Cumbering of
walks, public squares, lanes, alleys, or bridges, in any streets, &c.
manner whatever.
I X . To authorize the laying down of city railway City railways
tracks, and the running of horse cars thereon, in the
streets of the city, under such regulations as they may
prescribe.
X. To determine and designate the route and grade Route &, grade
of any railroad to be laid in said city, and to restrain of railroad,
and regulate the rate of speed of locomotives, engines, ^ o m o t , v e s
and cars upon the railroads within the said city, and
may wholly exclude the said engine^ or cars, if they
please : provided, no contract be thereby violated.
X I . To regulate and prescribe the breadth of tires Breadth of
upon the wheels of wagons, carts, and vehicles of heavy wagon tires, &c.
draught used upon the streets of said city: provided,
however, that this section shall not, apply to vehicles
•coming into and not owned in said city.
2

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CHAR-TEE.

Gauging and
X I I . To require spirituous liquors, wine, oil, molasses,
inspection of vinegar, and spirits of turpentine, in casks, to be guagecl
Wei°ghingChay, an( ^ inspected; and may make such provision for t h e
&c.
weighing of h a y , fodder, oats, shucks, or other long
forage, as will not be in conflict with the act passed t h e
twenty-second of March, eighteen hundred and fortyseven, to prevent the authorities of said city from laying and collecting a t a x on the bales of h a y sent by the
Measuring
farmers of the State to said city. They m a y also p r o ,gram, &c.
v ide for measuring corn, oats, grain, coal, stone, wood,
lumber, boards, potatoes, and other articles for sale or
barter.
Sealing weights X I I I . To require every merchant, retailer, trader,
and measures a n c ] c j e a } e r i n merchandise, or property of any description, which is sold by measure or weight, to cause their
weights and measures to be sealed by the city sealer,
and to be subject to his inspection; and may impose
penalties for any violation of any such ordinance.
Military comXIV. To grant aid to military companies and regipanies, agricui- ments organized within the city ; to societies or associaturaiand me- f.j ong for j j ^ advancement of agriculture and the meehamcal societies, &c.

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i i •

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cliamc arts; to scientific, literary and benevolent societies:
provided, such societies or associations are located in
or near the city, or in the case of agricultural societies,
shall hold their fairs in or near the city ; and to provide
or aid in support of public libraries and public schools.
Contagious disX V . To secure the inhabitants from contagious, i n eases, hospitals fectious, or other dangerous diseases; to establish,
health*1" °* e r e c t ? a n ( i regulate hospitals ; to provide for and force
the removal of patients to said hospitals ; for the appointment and organization of a board of health for said
city, with the authority necessary for the prompt and
efficient performance of its duties,.
Burial grounds X V I . To provide, in or near the city, lands to be*
appropriated, improved, and kept in order, as places
for the interment of the dead, and may charge for theuse of ground in said places of interment, and m a y
regulate the same ; m a y prevent the burial of dead in
the city, except in the public burial grounds ; may regulate burials in said grounds, and m a y require the keeping and return of bills of mortality by the keepers or
owners of all cemeteries.
Quarantine
X V I I . To establish a quarantine ground for the city;
but if said ground shall extend below the eastern b o u n -

CHARTER.

11

dai-y of the city on the river, the assent of the county
court of Henrico shall be first obtained.
XVIII- To require and compel the abatement and Abatement of
removal of all nuisances within said city, at the ex- nuisances
pense of the person or persons causing the same, or the
owner or owners of the ground whereon the same shall
be; to prevent or regulate slaughter-houses and soap slaughter
and candle factories within said city, or the exercise of houses, soap
any dangerous, offensive, or unhealthy business, trade, ^nd candle
- or employment therein, and to regulate the transportation of coal and other articles through the streets of the
-city.
XIX. If any ground in the said city shall be subject stagnant water,
to be covered by stagnant water, or if the owner or filtll> &c., how
owners, occupier or occupiers thereof, shall permit any remove
offensive or unwholesome substance to remain or accumulate therein, the council may cause such ground to
be filled up, raised, or drained, or may cause such substances to be covered or to be removed therefrom, and
may collect the expense of so doing from the said owner
or owners, occupier or occtipiers, or any of them, by
distress and sale, ih the same manner in which taxes,
levied upon real estate for the benefit of said city, are
authorized to be collected : provided, that reasonable Notice to
notice shall be first given to the said owners or their ownel*
agents. In case of non-resident owners, who have no
agent in said city, such notice may be given by publication for not less than four weeks in any newspaper
printed in said city.
XX. To direct the location of all buildings for storiug Powder magagunpowder or other combustible substances, and to zines> &c- *
regulate the sale and use of gunpowder, fire-crackers
or fire-works manufactured or prepared therefrom,
kerosene oil, nitro-glycerine, camphine, burning fluid,
or other combustible material; to regulate the exhibi- Fireworks, &c.
tion of fire-works, the discharge of fire-arms, *tlie use
of candles and lights in barns, stables and other buildings, and to restrain the making of bonfires in streets
and yards.
XXI. To prevent hogs, dogs, and other animals from Hogs,dogs,&c.
running at large in the city, and may subject the same
to such confiscations, regulations, and taxes, as they
may deem proper; and the council may prohibit the
raising or keeping of hogs in the city.

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CHARTER.

X X I I . To prevent-the riding or driving of horses or
other animals at an improper speed; to prevent the
flying of kites, throwing stones, or the engaging in any
employment or sports in the t streets or public alleys,
dangerous or annoying to passengers, and to prohibit,
and punish the abuse of animals.
Drunkards,
X X I I I . To restrain and punish drunkards, vagrants,,
vagrants, &c. mendicants, and street beggars.
X X I V . To prevent vice and immorality ; to preserve
Prevention of
vice and immo- public peace and good order ; to prevent and quell riots,
rality, gaming
disturbances, and disorderly assemblages ; to suppress
houses, &c.
houses of ill-fame and gaming houses ; to prevent lewd,
indecent, and disorderly conduct or exhibitions in the
city, and to expel therefrom persons guilty of such conduct who shall not have resided therein as much as one
year.
Vending liXXV. To forbid and prevent the vending or other
quors without disposition of liquors and intoxicating drinks, to be
license, &c.
drunk in any canal boat, store, or other place not duly
licensed ; and to forbid the selling, or given to be drunk,
any intoxicating liquors to any child or young person
without the consent of his or her patents or guardian;
and for any violation of any such ordinance, may impose fines in addition to those prescribed by the laws of
the State.
Prevention of
XXVI. To prevent the coming into the city, from
improper per- beyond the limits of the State, of persons having no
theck^'"!^ 0 ostensible means of support, or of persons wlio maybe
dangerous to the peace and safety of the city ; and for
this purpose may require any railroad company, or the
captain or master of any vessel bringing such passengers to Richmond, to enter into bond, with satisfactory
security, that such persons shall not become chargeable
to the city for one year, or may compel such company,
captain, or master to take them back ,from whence they
came, and compel the persons to leave the city if they
have not been in the city more than thirty days before
the order is given.
Power of coun- 20. Where, by the provisions of this act, the city
cil to prescribe council have authority to pass ordinances on any subpenaities and • + they m
prescribe any penalty, not exceeding:
Fast driving,
flying kites,
abuse of animals, Sec.

imprisonment

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five hundred dollars (except where a penalty is herein
otherwise provided for), for a violation thereof, and may
provide that the offender, on failing to pay the penalty

13

CHARTER.

recovered, shall be imprisoned in the jail of said city
for any term not exceeding three calendar months;
which penalties may be prosecuted and recovered, with
costs, in the name of the city of Richmond, And the
city council may subject the parent or guardian of any
minor, or the master or mistress of any apprentice, to
any such penalty for any such offence committed by such
minor or apprentice.
21. No ordinance hereafter passed by the city coun- Publication of
cil, for the violation of which any penalty is imposed, ordinances
shall take effect until the same shall have been published for five days successively in two of the daily
newspapers of said city, to be designated by the said
council. A record or entry made by the clerk of said
city, or a copy of such record or entry, duly certified
by him, shall be prima facie evidence of the time of
such first publication ; and all laws, regulations, and How used as
ordinances of the city council may be read in evidence evidence
in all courts of justice, and in all proceedings before
any officer, body, or board in which it shall be necessary to refer thereto, either from a copy thereof certified by the clerk of said city, or from the volume of
ordinances printed by the authority of the city council.
22. The council shall not take or use any private Private proproperty for streets or other public purpose without Pertv' hovv; *ai •

,

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,

ken for public

making to the owner or owners thereof just compensa- purpose
tion for the same. Eut in all cases where the said city
cannot by agreement obtain title to the ground necessary for such purposes, it shall be lawful for the said
city to apply to and obtain from the circuit or county
court of the county in which the land shall be situated,
or to the proper court of the city having jurisdiction of
such matters, if the subject lies within this city, for
authority to condemn the same ; which shall be applied
for and proceeded with as provided by law.
23. In every case where a street in said city has Wfcere buildbeen or shall be encroached upon by any fence, build- ing or fence ening, or otherwise, the city council may require the owner s™ ^how 0 "
t
or owners, if known, and if unknown, the- occupant or removed
occupants of the premises so encroaching, to remove
the same. If such removal shall not be made within Penalty
the time ordered by the council, they may impose a
penalty of five dollars for each and every day that it is
allowed to continue thereafter, and may cause the en-

14

CHARTER.

croachment to be removed, and collect from the owner
all reasonable charges therefor, with costs, by the same
processes that they are hereinafter empowered to collect
ISTo encroachment upon any street, however
No length of taxes.
encroachment long continued, shall constitute an adverse possession
to give adverse
to, or confer any rights upon, the person claiming
possession
thereunder, as against said city.
24. Whenever any street, alley, or lane shall have
Five years public use of stieet, been opened to and used as such by the public for the
&c to vesc right
of city therein period of five years, the same shall thereby become a
street, alley, or lane for all purposes, and the city shall
have the same authority and jurisdiction over, and right
and interest therein, as they have by law over the streets,
Street or alley alleys, and lanes laid out by it.
And any street or alley
reserved in
reserved in the division or sub-division into lots of any
recorded plat
deemed to be portion of the territory within the corporate' limits of
public
the city, by a pla-t or plan of record, shall be deemed
and held to be dedicating to the public use ; and the
council shall have authority, upon the petition of any
person interested therein, to open such street or alley,
No agreement between,
N o agreement or any portion of the same.
between con- or release of interest by, the persons owning the lands
tiguous owners immediately contiguous to any such alley or street,
to divest public
whether the same has been opened and used by the
use
public or not, shall avail or operate to abolish said alley
or street as to divest the interest of the public therein,
or the authority of the council over the same.
25. Whenever any new street shall be laid out, a
How expense
of new street, a street graded or paved, a culvert built, or any other
& c , to be depublic improvement whatsoever made, the city council
termined
may determine what portion, if any, of the expenses
thereof ought to be paid from the public treasury, and
what portion by the owners of real estate benefited, or
may order and direct that the whole expense be assessed
upon the owners of real estate benefited thereby.
W h e n public
But no such public improvement shall be made, to be
improvement
defrayed in whole or in part by a local assessment, until
to be made by
first requested by a petition signed by at least a majorlocal assessment
ity of the owners of property to be assessed for such
improvement, or unless at least three-fourths of all the
council shall concur in voting any improvement to be
expedient, or in determining to make the same after allegations have been heard; in which case, no petition

CHARTER.

15

or request shall be necessary. The council shall have Collection of
the same powers to collect such local assessments for local assessimprovements as are hereinafter vested in them for the m e n t
collection of taxes.
26. The city council shall grant and pay to all city Salaries of city
officers, clerks, and assistants, elected or appointed officers
under or in pursuance of this act, such salaries or compensation as the said city council may from time to time
•deem proper, or shall be fixed by this or any other act
of assembly hereafter enacted.
27. If any person, having been an officer of said city, Penalty for failshall not, within ten days after he shall have vacated or ure of former
been removed from office, and upon notification and re- °rtoWssuccesquest of the city clerk, or within such time thereafter SOr all public
as the city council shall allow, deliver over to his sue- Property> &c.,
cessor in office all the property, books, and papers ^ r e r e ^J"
belonging to the city or appertaining to such office, in
'
his possession or under his control, he shall forfeit and
pay to the city the sum of five hundred dollars, to be
sued for and recovered with costs. And all books,
records, and documents used in any such office by virtue
of any provision of this act, or of any ordinance or
order of the city council, or any superior officer of said
city, shall be deemed the property of said city and
appertain to said office, and the chief officer thereof
shall be responsible therefor.
CHAPTER IV.
CITY OFFICERS.

28. There shall be one auditor, one city treasurer, city Officers
one collector of city taxes, one commissioner of the
revenue, one city attorney, one city engineer, one city'
clerk, and such clerks and assistants as the city council
may see fit, by ordinance, to prescribe and furnish.
29. The council may appoint such officers and clerks Additionalofffas they may deem proper, in addition to those herein cers and clerks
provided for, and define their powers and prescribe
their duties and compensation, and may take from any
of the officers, and so forth, appointed, bonds, with
sureties, in such penalties as to the council may seem
fit, payable to the city by its corporate name, with condition for the faithful performance of said duties. All Removals by
officers appointed by the council may be removed from council

16

CHARTER.

Elections tofilloffice at its pleasure.^ In case of vacancies occurring
vacancies
j n a n y municipal office, when it is not herein otherwise
provided, the city council shall elect a qualified person to
fill such office during the unexpired term.
Liabilities of
30. The parties to bonds taken in pursuance of the
such officers, preceding section, their heirs, devisees, executors and
*&*!* oTthelt*' administrators, shall be subject to the same proceedings
official bonds on the said bonds for enforcing the conditions and
jurisdiction terms thereof, by motion or otherwise, before the circuit
over same
court of the city of Richmond, or any other courts held
in the city which may succeed to the civil common law
jurisdiction of said court, that collectors of the county
;
levy and their securities are or shall be subject to, on
their bonds, for enforcing payment of the county levies.
City auditor,
31. The city auditor shall be elected by the qualified
his term
voters of the city of Richmond. He shall hold his office
for the term of two years, and until his successor be
elected and qualify, unless sooner removed. He shall
hold his office in such place as may be designated and
Penalty of bond prescribed by the city council. He shall give bond,
with sureties, to the amount of not less than thirty
thousand dollars, which shall be determined by the city
council, before he enters upon the duties of his office ;
said bond to be approved by the said, city council, entered on their record, and filed in the office of the city
What books clerk. The said auditor shall open and keep, in a neat
and accounts a n ( j methodical manner, a complete set of books, under
eep ^ e direction of the city council, wherein shall be
stated, among other things, the appropriations of the
year for each distinct object and branch of expenditure,
and also the receipts from each and every source of
revenue, so far as he can ascertain the same. Said
books, and all papers, vouchers, contracts, bonds, receipts, and other things, kept in said office, shall be
subject to the examination of the mayor., the members
of the city council, or any committee or committees
thereof,
charge of audi- 32. The said auditor shall be charged with and exertor over city c j s e a general supervision over all the officers of the city
revenueo cers c n a r g 8 ( j j n a n y manner with the receipt, collection, or
disbursement of the city revenues, and the collection
Custody of city and return of such revenues into the city treasury. He
deeds, conshall have charge of all deeds, mortgages, contracts,
tracts, &c.
judgments, notes, bonds, debts, choses in action, belong-

CHARTER.

17

ing to the said city, except such as are confided to the
custody of the city clerk, and such other papers as may
be committed to his care by the city council, by ordinance or otherwise.
33. The said auditor shall have power to examine all He shall audit
accounts, claims and demands for or against the said ali claims
city ; and no money shall be drawn from the t r e a s u r y cftyin&c. ^
or paid by the city to any person, except as herein otherwise provided, unless t h a t balance due or payable be
first "settled and adjusted by the said auditor ; and for Hemayadminthe purpose of ascertaining the t r u e state of any balance ister o a t h s
or balances so clue, he shall have, and is hereby clothed
with, full power and authority to administer an oath or
oaths to the claimant or claimants, or any other person
or persons, whom he may think proper to examine as to
any fact, matter, or thing concerning the correctness of
any account, claim, or demand presented ; and the person so sworn shall, if he swear falsely, be guilty of
wilful and corrupt perjury, and be subject to punishment
by imprisonment in the penitentiary for not less than
one nor more than five years.
34. All money found to be due and payable by the How money
said auditor to any person, .shall be drawn by said audi- fou " d due by
tor by warrant on the treasurer, stating the particular a u d l t o r r ai
fund or appropriation to which the same is chargeable
and the person to whom payable ; and no money shall
be drawn from the t r e a s u r y except on the warrant of
the auditor, as aforesaid. But the auditor is forbidden No warrant to
to issue his warrant for the payment of any money in be issued in exexcess of the appropriation on account of which said p^tion^™"
money is drawn.
35. I t shall be the duty of said auditor, as nearly as Revenue offimay be, to charge all officers in the receipt of revenues " rs > h o w
or moneys of the city, with the whole amount, from c arge
time to time, of such r e c e i p t s ; he shall also require of Reports to
all officers in receipt of city moneys that they shall sub- auditor, how
mit reports thereof, with vouchers and receipts of p a y - °
ment therefor into the city t r e a s u r y , weekly or monthly,
or as often as he shall see fit to require the same by .any
regulation which he may adopt ; and if any such officer Notice to deshall neglect to make an adjustment of his accounts, Undent officer
when required as aforesaid, and to pay over such moneys
so received, it shall then be the duty of said auditor to
issue notice in -writing, directed to such officer and his

18

CHARTER.

securities, requiring him or them, within ten days, to
make settlement of his said account with the auditor,
and to pay over the balance of moneys found to be due
and in his hands belonging to the said city, according
to the books of said auditor ; and in case of the refusal
Delinquency
reported to
or neglect of such officer to adjust his said accounts or
mayor, who has
pay over said balance to the treasurer as required, it
power to susshall then be the duty of said auditor to make report of
pend, &c.
the delinquency of such officer to the mayor, who shall
at once suspend him from office, proceed forthwith to
institute the necessary proceedings for the removal of
such officer from office, and immediately on his removal,
institute suit in the name of said city against him and
his securities to recover the balance of moneys so found
to be due and in his hands belonging to said city.
Auditor's an36. The auditor shall make out an annual statement,
nual statement as soon as possible after the end of each fiscal year,
giving a full and detailed statement of all the receipts
and expenditures during the said year. The said statement shall also detail the liabilities and expenditures
during the year, the liabilities and resources of said
city, the condition of all unexpended appropriations and
contracts unfulfilled, the balances of money then remaining in the treasury, with all sums due and outstanding, the names of all persons who may have become
defaulters to the city, and the amounts in their hands
unaccounted for, and all other things necessary to exhibit the true financial condition of the city.
87. The auditor shall annually submit to the city
Annual estimates to coun- council, at their first stated meeting after the beginning
cil
of the fiscal year, a report of the estimates necessary,
as nearly as may be, to defray the expenses of the city
government during the current fiscal year. He shall in
Auditor may
require heads said report class the different objects and branches of said
of departments
city expenditure, giving, as nearly as may be, the
to make statements to him amount required for each ; and for this purpose he is
authorized to require of all city officers and heads of departments their statements of the condition and expense
of their respective departments and offices, with any
proposed improvement, and the probable enpense thereof,
of contracts already made and unfinished, and the amount
of unexpended appropriations of the preceding year.
W h a t auditor's He shall also in such report show the aggregate income
report shall
of the preceding fiscal year, from all sources; the
show

CHARTER.

19

amount of liabilities outstanding upon which interest is
to be paid, and of bonds and city debts payable during
the year, when due and where payable, so that the city
council may fully understand the money exigencies and
demands of the city for the current year.
38. In addition to the other duties of the said auditor, Auditor's
it is hereby made his duty, on the last day of each and monthly
every month, to make out a monthly statement, giving statement
a full and detailed account of all moneys received, from
what sources and on what account received, and of all
moneys ordered to be paid or drawn for by warrant by
him, and on what account the same have been paid ; and
shall deliver said statement to the said city council at
their next meeting, to be filed, after the adjournment of
said council, by the city clerk with the papers belonging
to his office,
39. There shall be elected by the qualified voters of City treasurer
the city of Richmond, in the same manner as is provided hereinbefore for the election, of mayor of said
city, at the first charter election, and every three years
thereafter, one city treasurer, who shall hold his office
for the term of three years, and until his successor be
elected and qualified, unless sooner removed from office.
He shall give bond, witji sureties, to the amount of not His bond
less than one hundred thousand dollars ; said bond to
be approved by the city council, entered on their records,
and filed in the city clerk's office.
40. The said treasurer shall receive all moneys be- His duties
longing to the city, and shall keep his office in some place
designated by the council. He shall keep his books and
accounts in such manner as the city council may prescribe, and such books and accounts shall always be
subject to the inspection of the mayor and any member of the city council, or any committee or committees
thereof.
41. No money shall be paid out by the treasurer ex- How money
cept upon the-warrant of the auditor, issued as herein- Paid out
before provided, and he shall keep a separate account
of each fund or appropriation, and the debits or credits
belonging thereto.
42. All moneys to be paid into the treasury of the How money
city, except the bills for gas and water, and such other P aidt0treasure
assessments as the city council may so ordain, shall
be paid by the person liable to pay the same, or his

20

CHARTER.

agent, to the treasurer, in the following manner : a
warrant shall first be obtained from the auditor, directing the treasurer to receive the sum to be paid, specifying on what account the payment is to be made.
Upon the payment of the money to the treasurer, he
sliali give a receipt for the same, which shall be carried
to the auditor, and his receipt therefor shall be the acquitGas and water tance of the party making the payment. Bills for gas
bills
and water, and such other assessments as the city council may so ordain, shall be paid directly to the treasurer,
who shall keep an account thereof, and make daily reports of such receipts to the auditor.
Treasurer's
43. The treasurer shall, at the end of each and every
monthly
month, and oftener if required, render an account to
the auditor, showing the state of treasury at the-\ date
of such account, and the balance of moneys in the
treasury. He shall also, if required so to do by the
auditor, accompany such account with a statement of
all moneys received into the treasury, and on what account, with a list of all warrants redeemed and paid by
him during the month.
Treasurer's
44. The treasurer shall also report to the city counannuai report C n ? a t the end of each fiscal year, and oftener if reto counci
quired, a full and detailed account of all receipts and
expenditures during the preceding fiscal year, and the
Register of
state of the treasury. He shall also keep a register of
warrants
all warrants, their date, amount, ^ number, the fund
from which paid, and the person to whom paid, specifying also the time of payment; and all such warrants
shall be examined, at the time of making such annual
report to the city council, by a committee thereof, who
shall examine and compare the same with the books of
the auditor, and report discrepancies, if any> to the
city council.
Special funds
45. All moneys received on any special assessment,
shall be held by the treasurer as a special fund, to be
applied to the payment for which the assessment was
made ; and said money shall be used for no other purpose whatsoever,
where funds
46. The treasurer may be required to keep all moneys.
ke
pt
in his hands, belonging to the city, in such place or
places of deposit as the city council may, by ordinance,
provide, order, establish, or direct. Such moneys shall
be kept distinct and separate from his own moneys ;

CHARTER.

21

and he is hereby expressly prohibited from using, Penalty for
either directly or indirectly, the corporation money, or personal use
•warrants in his custody and keeping, for his own use
and benefit, or that of any person or persons whomsoever ; and any violation of this provision shall subject
him to immediate removal from office. In case of his if removed,
removal, the city council shall elect a qualified person vacancy filled
to fill said office until the next general election which ejyecct°onC1
may be held in the city, when the qualified voters of
said city shall, as in other cases, fill such vacancy by
an election of a successor, who shall hold his office for
the remainder, if any, of the unexpired term of the
officer removed.
47. There shall be elected by the qualified voters of Collector of
the city of Richmond, one collector of the city taxes, citT ta*es$
who shall hold his office for the period of two years, teim ° ° lce
and until his successor shall be elected and qualify, unless sooner removed from office. He shall give bond, Penalty of bond,
with sureties, to the amount of not less than fifty thou- &csand dollars ; said bond to be approved by the city
council, entered on their records, and filed in the office
of the city clerk.
48. Said collector shall collect all taxes and assess- His duties, &c.
ments which may be levied by said city, and perform
such other duties as may be herein prescribed or ordained by the city council. He shall keep his office in His books, &c.
such place as may be designated and prescribed by the to be inspected
city council, and shall keep in his said office, besides y mayor
his collection and revenue warrants, sudh other books,
vouchers, records, and accounts, as the city council
may direct and prescribe, all of which shall be subject
to the inspection and examination of the mayor, the
members of the city council, or any committee or committees thereof.
49. The said collector shall make report in writing, collector's
under oath, to the auditor, weekly, or oftener if re- weekly report
quired, the amount of all moneys collected by him, and t0 audltor
shall pay the same into the city treasury in the manner
hereinbefore provided. At the end of each fiscal y e a r His annual rehe shall submit to the city council a statement of all port to council
moneys by him collected during the year, and the particular warrant, assessment, or account upon which
collected, and the balance of moneys uncollected on the
warrants in his hands or returned to the auditor, and a

22

CHARTER.

copy of such statement shall also be filed with the auditor of said city.
50. The said collector is expressly prohibited from
Money not to
be kept in his keeping the money of the city in his hands, or in the
hands; penalty
hands of any person or corporation, to his use, beyond
therefor
the time prescribed for the payment of the same into
the city t r e a s u r y , and any violation of this provision
shall subject him to immediate removal from office.
5 1 . I t shall be the duty of said collector to conduct
Collector to
sell real estate all the proceedings and render all the service necessary
for non-payto perfect the sale and transfer of real estate in said
ment of taxes
city, where the same shall be sold or advertised for sale
for the non-payment of any tax or assessment imposed
by the city council, as hereinafter provided.
52. The said collector may, with the consent of the
Collector's
deputies
city council, appoint a deputy or deputies, who may be
removed from office by the said collector, by the mayor,
or by the city council. D u r i n g the continuance in
office of the said collector, a deputy of his may discharge any of the duties of the office of collector ; but
the collector and his sureties shall be liable therefor.
53. If the said collector shall receive any money for
Penalty for collector's selling taxes or assessments, giving a receipt therefor, for any
land for which
land or parcel of land, and afterwards sell the same, at
he has received
any sale for taxes or assessments, for the tax or assesstaxes
ment which has been so paid and receipted for by himself or his deputy, he and his sureties shall be liable to
the holder of the certificate given to the purchaser at
the sale for double the amount on the face of the certificate, to be demanded within three years from the date
of sale, and recovered in any court having jurisdiction
of the a m o u n t ; and the city shall in no case be liable
to the holder of such certificate.
54. There shall be elected bj the qualified voters of
Commissioner
of revenue
the city of Richmond, one commissioner of the revenue,
who shall hold his office for the period of two years, and
until his successor shall be elected and qualify, unless
sooner removed from office. H e shall give bond, with
His bond,
where filed
sureties, to the amount of not less than &Ye thousand
dollars ; said bond to be approved by the city council,
entered on their record, and filed in the office of the city
I n case a vacancy shall occur in the office of
Vacancy, how clerk.
filled
commissioner of the revenue, the city council shall elect
a qualified person to fill said office until the next gene-

23

CHARTER.

ral election which may be held in the city, when the
vacancy shall be filled by election for the unexpired
term. ,
55. The said commissioner of the revenue shall per- His duties
form all the duties in relation to the assessment of property for the purpose of levying the city taxes that may
be ordered by the city council. He shall keep his office
in such place as may be designated and prescribed by
the city council, and shall keep therein such books,
schedules, and records, and in such manner as the mayor
and city council may direct and prescribe ; which books,
records, and other papers shall be subject to the inspection and examination of the mayor, the members of the
city council, or any committee or committees thereof,
and of the collector of city taxes.
56. To aid the commissioner of the revenue in his Clerks of Richduties, the clerks of the several courts of the city of mondand HenRichmond and of the county of Henrico shall, as re- Vc,? c o u r t s J; 0
.-,

T ,.

J

,.

?

deliver to him

quired respectively, deliver to him such lists as are nst of deeds,
mentioned in the seventh and eighth sections of the &cthirty-fifth chapter of the Code of Virginia of eighteen
hundred and sixty, as far as may relate to lands in
said city.
57. As soon as said commissioner of the revenue Commissioner's
shall have ascertained the value of all the real and per- schedule
sonal property taxable in said city, he shall make complete schedules of the same, and leave them in his office
open to the inspection and examination of all persons
interested therein ; and he shall give notice by six days5 How inspection
publication in two of the daily newspapers of said city of schedule had
of the time and place, when and where such insj)ection
and examination may be.made. Said schedules shall be How long
kept open for the period of ten days from the time of schedule kept
the first publication of such notice, so that any person open
feeling aggrieved by the assessment of his or her property, may appear and make his or her objection. The Commissioner's
said commissioner of the revenue shall hear and con- Power as t0
sider all objections which may be made, and shall have schedule
power to alter, add to, take from, and otherwise correct
and revise his assessment; and he shall have power to
examine any person on oath as to the value of his personal property, and also to examine under oath such
other persons as witnesses in relation thereto as he may
deem proper, and for that purpose may administer oaths

CHARTER.

Paity aggrieved
may appeal to
council
Penalty for
failure to give
commissioner
information

Commissionei'
assistants

City attorney
His term, compensation, duties, &c.

and issue process to compel the attendance of witnesses
before him. Any' person feeling aggrieved at the decision of the said commissioner of the revenue may appeal
to the city council, whose decision shall be final. A n y
person who shall refuse to make under oath a full disclosure of all the facts necessary to enable said commissioner of the revenue to make a fair and j u s t assessment
of his personal taxable property, when duly called upon
by said commissioner of the revenue so to do, or to answer such questions as may be put to him in relation
thereto, shall be assessed a gross sum, in the judgment
of the commissioner of the revenue, double the correct
assessment of his personal taxable property.
58. The said commissioner of the revenue may, with
the consent of the city council, appoint an assistant or
assistants, who may be removed from office by the said
commissioner, by the mayor, or by the city council.
D u r i n g the continuance in office of the said commissioner, an assistant of his may discharge any of the
duties of the office of commissioner ; but the commissioner and his sureties shall be liable therefor.
59. The city council shall appoint a suitable and proper person, who shall be the attorney and counsel for
the corporation., who shall hold his office for the term of
two years, unless sooner removed, and until his successor shall be appointed and qualify. H e shall receive
such compensation as the council may determine, to be
paid by the city. Said attorney shall have the management, charge, and control of all the law business of the
corporation and the departments thereof, and of all the
law business in which the city shall be interested ; shall
draw all leases, deeds, and legal papers for the same,
and be the legal adviser of the mayor, city council, or
any committee thereof, and of the several departments
of said corporation ; and when required, shall furnish
written opinions upon any subjects involving questions
of law submitted to him by them. H e shall appear as
counsel for the said corporation in any civil case in
which it is interested, depending in any court in the city
of R i c h m o n d ; and when the constitutionality or validity of any ordinance is brought in issue in any penal
prosecution, or when the mayor shall direct a prosecution for a nuisance, he shall appear for the prosecution
when the case shall come into court. H e shall perform

CHARTER.

25

such other duties as are or may be required of him for
the city by any ordinance or resolution of the city
council.
60. H e shall have power and authority, from time to May authorize
time, during his continuance in office, with the consent another to apof the mayor, to authorize an attorney or other person pear 01 i m
to appear for him in his name and on behalf of said
corporation, and conduct and defend suits and proceedings in all courts and places.
6 1 . Said attorney for the corporation shall keep his His office and
office in such place as the city council may direct, and d o c k e t
shall keep therein a docket of all the cases to which the
city may be a p a r t y in any court of record, in which
shall be briefly entered all steps taken in such causes ;
and said docket shall at all times be open to the inspection of the mayor, the members of the city council, and
the city auditor.
62. There shall be appointed by the city council one Engineer of
engineer for the city, who shall hold his office for the c i t v i h i s term>
period of two years, and until his successor shall be o n ' c*
appointed and qualify, unless sooner removed from
office. H e shall give bond, with sureties, to the amount
of not less than five thousand dollars, said boi^d to
be approved by the city council and filed in the office of
t h e city clerk.
63. The said engineer shall have such assistants and His assistants
clerks as the city council may allow and approve ; b u t a n d c l e r k s
such assistants or clerks may be removed at any time
by the mayor or by the city council.
64. The said engineer shall be the general superinten- His dudes
dent of the streets, culverts, public buildings, and all public improvements. H e shall make such surveys, reports,
drawings, plans, specifications and estimates as the city
council may require of him, and do, in relation thereto,
whatever else it may direct. All surveys or other acts, His surveys
which shall be made or done by said engineer, shall be valid
as valid and effectual as if the same were done by a
surveyor of a county. H e shall keep his office in such
place as the city council may direct, and shall keep
therein all maps, drawings and papers pertaining to his
office. H e shall keep a record of all his proceedings, His office, reand a set of books, in which shall be entered, under cords> &cappropriate heads, the receipts and expenditures of his
d e p a r t m e n t ; and all the books and papers of his office
4

26

CHARTER.

shall he open at all times to the inspection of the
mayor, to the members of the city council, or to any
committee or committees thereof.
City clerk
65. There shall be one city clerk appointed by the
city council, who shall hold his office for the period of
two years, and until his successor shall be appointed
and qualified, unless sooner removed from office by the
city council.
66. The said clerk shall attend the meetings of the
His duties
city council, and keep a record of its proceedings. He
shall have the custody of the corporate seal. He shall
keep all papers that, by the provisions of this act or by
the direction of the city council, are required to be
It shall also be his duty,
Transcript of filed with or kept by him.
ordinances, &c. immediately after the close of each session of the city
to mayor
council, to make and present to the mayor a transcript
of every ordinance, resolution, and order concerning
any public improvement, or for the payment of money,
and every ordinance, resolution, order, and act of a
legislative character, passed by the city council at such
session. He shall, in like manner, transmit to the
T o auditor
auditor a transcript of all ordinances, resolutions or
orders appropriating money, or authorizing the payment
of money, the issue of bonds or notes ; and to the heads
of all departments of the city government all ordinances,
He
He shall in- ' resolutions or orders relating to their departments.
form parties in- shall, in like manner, give notice to parties presenting
terested of final communications or petitions to the city council of the
action of
final action of the council on such communication or
council
He shall publish such reports and ordinances
He shall pub- petitions.
lish reports and as the city council are required by this act to publish,
ordinances
and such other reports and ordinances as they may
direct, and shall, in general, perform such other acts
and duties as the city council may from time to time
require of him.
CHAPTER V.
FINANCES.

city council
67. The city council may, in the name and for the
may contract use- of the city, contract loans, or cause to be issued
bJenwithfnema" cert ificates of debt or bonds ; but such loans, certificates,
' thirty four years or bonds shall not be irredeemable for a period greater
Proviso
than thirty-four years: provided, however, that they
shall not contract such loans or issue such certificates

CHARTER.

27

of debt or bonds for the purpose of subscribing to the
stock of any company incorporated for a work of internal improvement or other purposes, without first being
authorized so to do by three-fourths of the legal voters
of the city voting on the question, and the council shall,
when such debt or loan is created, provide a sinking
fund for the payment of the same. Neither shall the
city endorse the bonds of any such company without
the same authority.
68. There shall be set apart, annually, from the sinking fund;
accruing revenues of the city, a sum not less than one h o w provided
per centum of the city debt existing at the commencement of this act. The fund thus set apart shall be
called the sinking fund ; and shall be applied to the
payment or purchase of the principal of the city debt.
If no part be redeemable, then the residue of the sinking fund shall be invested in the bonds or certificates of
debt of the city, and applied to the payment of the city
debt as it shall become redeemable. Whenever hereafter there shall be contracted by the city any debt not
payable within the next twelve months, there shall be
set apart annually, for thirty-four years, or until the
debt is paid, a sum exceeding by one per centum the
aggregate amount of the annual interest agreed to be ,
paid thereon at the time of its contraction, which sum
shall be applied and invested towards the payment of
such debt in the same manner as hereinbefore provided
for the present existing debt of the city.
;
69. For the execution of its powers and duties, the Taxation
city council may raise annually, by taxes and assessments in said city, such sums of money as they shall
deem necessary to defray the expenses of the same, and
in such manner as they shall deem expedient, in, accordance with the laws of this State and the United States :
provided, however, that they shall impose no tax on the Proviso
bonds of said city, nor on any capital invested in real
estate or employed in manufacture outside the city
^
limits, although the person or persons engaged in said
business or manufacture have a place of business in said
city. Neither shall they impose any tax at the same Things not to
time upon the stock of a corporation and upon the divi- be taxed
dends thereon ; nor upon any capital, interest, income,
or dividends when a licence or other tax is imposed
upon the business in which the capital is employed, or

28

CHARTER.

upon the principal money, credit, or stock from which
the interest, income, or dividend is derived.
Said
taxes shall be equal and uniform upon all property,
j ^ ^ r e a j a n ( j p e r s o n a i # T h e capital invested in all business operations shall be assessed and taxed as other
Stock assessed property. Assessments upon all stock shall be accordat market value {ng to the market value thereof.
Licenses
70. The city council may grant or refuse licenses,
and may require taxes to be paid on such licenses, t o
agents of insurance companies whose principal office is
not located in said city ; to auctioneers ; to public,
theatrical, or other performances or shows ; to keepers
of billiard tables, ten-pin alleys, and pistol galleries ;
to hawkers and peddlers in the city, or persons to sell
goods by sample therein ; to agents for the sale or renting of real estate; to commission merchants, and all
other business which cannot be reached by the ad valoLkenses on rem system under the preceding section. They may
liquors
also grant or refuse such license to all sellers of wine or
spirituous or fermented liquors, and require taxes to be
paid on such license, in addition to other taxes imposed.
Taxes on
7 1 . The council may grant or refuse licenses to ownwagons, &c e r s o r keepers of wagons, drays, carts, hacks, and other
wheeled carriages kept or employed in the city for hire,
and may require the owners or keepers of wagons,
drays and carts, using them in the city, to take out a
license therefor, and may require taxes to be paid
thereon, and subject the same to such regulations as
they may deem proper, and prescribe their fees and
compensation.
Council may
72. The council may vest in the collector of the city
vest in collector taxes, and of assessments for the use of water, gas, or
?o^oiiSe°c?taxes o t n e r purposes, any or all of the powers which are now
or may hereafter be vested in a sheriff as collector of
May prescribe the state taxes ; may prescribe the mode of his proceedhis mode of pro- •
mode of proceeding against him for the
an(j ^

Taxes to be
equal and
uniform

ceeding,and

P>

.

r

o

&

proceeding
failure to perform his duties.
against him
73. All goods and chattels, wheresoever found, may
r^ biS°fdS'&C • ^ e S t r a i n e d and sold for taxes assessed and due
trust or mort-' thereon ; and no deed-of-trust or mortgage upon goods
gage no bar or chattels shall prevent the same from being distrained
while goods re- a n ( j g ^ for taxes assessed against the grantor in such
of grantor, or deed ^hile such goods and chattels remain in the granotheiwise

CHARTER.

29

tor's possession ; nor shall any such deed prevent the
goods and chattels conveyed from being distrained and
sold for taxes assessed thereon, no matter in whose possession they may be found.
74. Any payment of taxes made by the tenant, un- Where tenant ^
less under an express contract contained in his lease, or fiduciary
shall be a credit against the person to whom he owes pays
the rent, and where any tax is paid by a fiduciary on
the interest of profit of moneys of an estate'invested
under an order of court or otherwise, the tax shall be
refunded out of such estate.
75. There shall be a lien on real estate for the city Lien on real
taxes as assessed thereon from the commencement ofestate forLaxes
the year for which they were assessed. The city coun- How delinquent
cil may require real estate in the city, delinquent for land sold
the non-payment of taxes, to be sold for said taxes,
with interest thereon at the rate of twelve per centum
per annum, and such per centum as they may prescribe
for charges. Such real estate shall be sold, and may
be redeemed under the provisions hereinafter made.
76. The collector of city taxes shall, under the di-Notice of such
rection of the city council, cause a notice of the time sale
and place of such sale to be published, in all the daily
newspapers published in said city, at least ten days
previous to such sale ; and he shall also cause to be
published in one or more of said daily papers, on some
,
day not more than twenty days nor less than ten days
previous to such sale, a list of the several parcels of
real estate so to be sold, describing therein each parcel
of real estate in the same manner as the same is described in the assessment rolls in which the said tax or
assessment is imposed thereon, together with the name
of the person to whom each parcel is assessed, and the
amount of the tax or assessment thereon. /
77. If such tax or assessment, and the per centage, How such sale
interest, and expenses aforesaid, be not paid previous to made
the clay for which said sale was advertised, or on some
day immediately thereafter, to which said sale may be
adjourned, the collector shall proceed to make sale, accordingly, of the said several parcels of real estate, or
so much thereof as may be necessary, to the highest
bidder ; and the sale may be adjourned from day to day
until it shall be completed. On such sale the collector Certificate of
shall execute to the purchaser a certificate of sale, in sale

30

CHARTER.

which the property purchased shall be described*^nd the
aggregate amount of tax or assessment, wit:h|-daarges
and expenses specified; but the collector shall not for
himself, either directly or indirectly, purchase any real
estate so sold.
When city may 78. If at any such sale no bid shall be made for any
become pur- g ^ ^ parcel 0 f land, or such bid shall not be equal to
the tax or assessment, with interest and charges, then
the same shall be struck off to the city. On such sale
the collector shall execute to the city a certificate of
sale, in which the property purchased shall be described,
and the aggregate amount of tax or assessment, with
charges and expenses specified, and shall deposit such
certificate with the auditor.
How and with- 79. The owner of any real estate so sold, his heirs
in what period o r assigns, or any person having a right to charge such
b^re^e^ed1^ r e a ^ e s t a t e f° r 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 sold, and such additional taxes thereon as may have
been paid by the purchaser, his heirs or assigns ; or, if
purchased by the city, with such additional sums as
would have accrued for taxes thereon if the same had
not been purchased for the city, with interest on the
said purchase money and taxes at the rate of twelve
per centum per annum from the time that the same may
have heen so paid ; or the same may be paid within the
said two years to the city treasurer in any case in which
the purchaser, his heirs or assigns, may refuse to receive the same, or may not reside .or cannot be found
in the city of Richmond.
Rights of per80. Any infant, married woman, insane person, or
sons under dis- person imprisoned, whose real estate may have been so
abilityj how 80i&9 o r n j s heirs, 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 \he
title under the sale, and such additional taxes on the
estate as may have been paid by the purchaser, his
heirs or assigns, and the appraised value of any improvement that may have been made thereon, with
interest on the said items, at the rate of twelve per centum per annum from the time the same may have been

CHARTER.

31

paid. Upon such payment within two years after the
removal of such disability, the purchaser, his heirs or
assigns, shall, at the cost of the original owner, his
heirs or assigns, convey to him or them, by deed with
special warranty, the real estate so sold.
81. The purchaser of any real estate, sold for taxes Deed to purand not redeemed, shall, after the expiration of two chaser of such ^
years from the sale, obtain from the city auditor a deed ^cuted °and
conveying the same, wherein shall be set forth what ap- within what
pears in his office in relation to the sale. When the time
purchaser has assigned the benefit of his purchase, the I ? eed t0 af".
sisrnee or neirs

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
heirs or assigns may move the court of hustings of said
city to order the auditor to execute a deed to such heirs
or assigns. ,
82. When the purchaser of any real estate, sold for Effect of such
taxes, his heirs or assigns, shall have obtained a deed deed, if ^cordtherefor, and within sixty days from the date of such I™1* m Slxty
deed shall have caused the same to be recorded, such
estate shall stand vested in the grantee in such deed as 4
was vested in the party assessed with the taxes (on
account whereof the sale was made) at the commencement of the year for which the said taxes were assessed,
notwithstanding any irregularity in the proceedings
under which the said grantee claims title, unless such
irregularity appear on the face of the proceedings. And Onus probandi
if it be alleged that the taxes, for the non-payment of
which the sale was made, were not in arrear, the party
making such allegation must establish the truth thereof
by proving that the taxes were paid.
83. In case that any real estate, struck off to the When city bqcity as hereinbefore provided, shall not be redeemed c ° m e s P"r~
within the time specified, the city auditor shall, within ma^Acquire *
sixty days after the expiration of two years from the title
sale, cause to be recorded such certificate of sale, with
his oath that the same has not been redeemed, and
thereupon the said corporation, or their assignees, shall
acquire an absolute title to the same in fee. The said Effect of certificertificate may be acknowledged, or proved, and re- cat.e ofsale as
corded in the same manner that deeds are recorded, and
the said certificate, or the record thereof, or a copy of
said record, duly authenticated, shall, in all courts and

32

CHARTER.

places, be presumptive evidence of the facts therein
stated and of the regularity and correctness of such
sale, and of all proceedings prior thereto.
CHAPTER VI.
POLICE AND F I R E DEPARTMENTS.

84. The police department of the city of Richmond
shall be under the general control and management of
police commissioners thereof, who shall consist of the
Board of police mayor, the president of the city council, and the police
commissioners
justice, and shall constitute a board of police commisHow constisioners for said city * of which board the mayor shall be
tuted
president, and shall have a casting vote. Any two of
Quorum
said commissioners shall form a quorum for the transaction of any business. Said board may adopt rules and
By-laws, &c.
by-laws for the government thereof, and also may
establish, promulgate, and enforce proper rules, regulations, and orders for the good government and discipline
of said police force: provided, that said rules, regulations and orders shall not in any way conflict with any
ordinance of the city council, or of the provisions, of
this act, or the constitution and laws of this State or of
the United States.
Meetings of
85. The said police commissioners, after taking the
said board
oath of office as such commissioners, shall meet at the
office of the mayor, or other suitable place, at such time
as may be expedient, and as they shall from time to time
designate, and on special occasions, as the mayor may,
in writing, appoint. They shall perform the duties of
said office without any compensation, reward, or salary
therefor from said city, except that nothing herein shall
in any way conflict with the payment of the salary elsewhere provided to be paid to the said mayor and police
justice for their services in their respective offices.
T o appoint po
86. It shall be the duty of said police commissioners
licemen, offi- to select from among the electors of said city, and apcers, &c.
point by warrant of appointment, bearing the signatures of all three of said commissioners, to be immediately filed with the city clerk, so many permanent
policemen, officers, and patrolmen as may be authorized
by the city council; and said board shall also appoint,
T o appoint
chief of police , with the approval of the city council, one chief of
with approval
police, who shall hold office for the term of two years,
of council
Police department, how
controlled

33

CHARTER.

through whom said board may promulgate all rules,
regulations, and orders to the whole force, and who
shall have immediate direction and control of said force,
subject, however, at all times, to the rules, regulations,
and orders of said board, and to the orders of the
mayor : provided, that the orders of such single commissioner do not conflict with the rules, regulations, or
orders of said board then in force; and said chief and of removals
each policeman of said police force, appointed in manner
as aforesaid, may hold his respective office during the
term of good behavior, or until said board, by unanimous vote, shall remove him ; but in case of misconduct
on the part of such chief or any member of said police c
force, then he may be removed by the decision of a
majority of said board, as hereinafter provided, or by
the city council.
87. In times of exigency, said commissioners, or a Additional pomajority of them, or any one of them, if the others licemenj how
should be absent from the city or unable to act, may aPP01nted for
.. !

J

i

•

J

exigency

appoint temporarily, without authority irom the city
council, a suitable number of additional policemen for
such time as shall appear necessary ; not, however, to
extend beyond the time of the next meeting of the city
council.
88. The mayor, at any time, upon charges being pre- Power of mayor
ferred, or upon finding said chief or any other member t0 suspend any
of said police force guilty of misconduct, shall have ™j™e JjTr°e.
power to suspend such member from service until the how long
board of commissioners shall convene and take action in
the matter : provided, however, that such member shall
not remain so suspended for a Jonger period than thirty
days without an opportunity of being heard in his defence ; and upon hearing the proofs in the case, a majority of said commissioners may discharge or restore
such member, in accordance with the decision of the
majority of such board thereon ; and the pay or salary pay during susof such member shall cease from the time of suspension pension
to the time of restoration to service, unless otherwise
ordered by said board of commissioners in their written
decision, which shall be filed with the city clerk ; and
any violation of the rules, regulations, or orders of the
board, or, orders of any superior, shall be good cause
for dismissal.

5

34

CHARTER.

89. The salary or pay of said chief and policemen
shall be determined by the city council, and all bills of
expense on account of the police department shall be
audited by at least two of said commissioners.
Warrant of
90. The said chief of police and every policeman
appointment of duly appointed as aforesaid, shall have issued to him a
police force
warrant of appointment, signed by the president of the
board and countersigned by the city clerk, stating the
date of his appointment, which shall be his commission ;
and he shall take such oath as the city council may
Qualification
ordain, and subscribe the same in a book to be kept for
that purpose by the said city clerk.
Powers of po91. The said chief of police and policemen shall
lice force
generally have power to do whatever may be necessary
to preserve the good order and peace of said city, and
to secure its inhabitants from personal violence and
their property from loss and injury. Such number of
the said police force as the board of police commissioners may designate shall, in criminal cases, have the
same powers and duties, and be subject to the same
penalties that are prescribed by law as to constables.
92. The said board of commissioners may prescribe
Uniform,
badges and
such uniform and badges for the police force as they
arms of force
may deem proper, and direct in what manner they shall
And if any person other than a policeman
Penalty for oth- be armed.
ers than police shall publicly wear such uniform and badges as may be
wearing badges,
prescribed as aforesaid, he may be subjected to such
&c.
fine, not exceeding the sum of one hundred dollars, as
the city council may ordain.
93. As soon as said commissioners shall have entered
Former police
to vacate unless upon the discharge of their duties, and appointments of
reappointed
police are made in the manner as herein provided, then
all the policemen and the chief of police, who shall be
in service previous thereto, shall immediately vacate
their offices respectively, unless re-appointed as herein
provided.
94. The city council may organize and maintain a
Fire department; how or- fire department for said city, and appoint a chief enganized, &c.
gineer and assistants, with any or all of the powers
which have been or may be vested by law in such offiThey may also make rules and regulations for
Rules, regula- cers.
t i o n s , pay, &c. the government of the officers and men of said fire
department; may prescribe their respective duties in
case of fire or alarms of fire; may direct the dresses or
Salary and pay
of police; how
determined, &c.

CHARTER.

35

badges of authority to be worn by them ; may prescribe
and regulate the time and manner of their exercise ;
shall fix their pay, and may impose reasonable fines for
the breach of any such regulations. They may also
make such ordinances as they may deem proper to extinguish and prevent fires, prevent property from being
stolen, and to compel citizens to render assistance to the
fire department in case of need.
95. For the purpose of guarding against the calami- Control over
ties- of fire, the city council may, from time to time, erection of
designate such portions and parts of the said city as it ^°° ^ UI
shall think proper within which no buildings of wood
shall be erected, and may regulate the manner of construction of all buildings. They may prohibit the
erection of wooden buildings in any portion of the city
without permission obtained from them, and shall, on
the petition of the owner or owners of not less than
one-fourth of the ground included in any square of the
city, prohibit the erection in such square of any building, or addition to any building, unless the outer walls '
thereof be made of brick and mortar, or stone and mortar, or some other fire proof material; and may provide Power to refor the removal of any such building or addition which mov,e buildings,
shall be erected contrary to such prohibition, at the ex- not lre"Pro°
pense of the builder or owner thereof. And if any
building shall have been commenced before said petitions
can be acted on by the council, or if a building in progress appears clearly to be unsafe, the council may have
such buildings taken down.
96. Whenever any building in the said city shall be Control of chief
on fire, it shall be the duty of and be lawful for the engineer over
chief engineer to order and direct such building, or any ^ ld ^ c gs on
other building which he may1 deem hazardous and likely
to communicate fire to other buildings, or any part of
such buildings, to be pulled down and destroyed; and
no action shall be maintained against any person or
against the said city therefor. But any person in- Application for
terested in any such building so destroyed or injured damages for demay, within three months thereafter, apply to the city su^rTbuMn
council to assess and pay'the damages he has sustained, how made, &c!
At the expiration of the three months, if any such application shall have been made in writing, the city council
shall either pay the said claimant such sum as shall be
agreed upon by them and the said claimant for such

36

CHARTER.

damages, or if no such agreement shall be effected, shall
]3roceed to ascertain the amount of such damages, and
shall provide for the appraisal, assessment, collection,
and payment of the same in the same manner as is provided for the ascertainment, assessment, collection, and
payment of damages sustained by the taking of land for
purposes of public improvement.
Commissioners 97. The commissioners appointed to appraise and
to appraise such a s g e s s the damages incurred by the said claimant, by
damages
the pulling down or destruction of such building, or any
duties
part thereof, by the direction of the said officers of the
city, as above provided, shall take into account the probability of the same having been destroyed or injured
by fire if it had not been so pulled down or destroyed,
and may report that no damages should equitably be
allowed to such claimant. Whenever a report shall be
Their report
made and finally confirmed, in the said proceedings for
appraising and assessing the damages, a compliance
with the terms thereof by the city council shall be
deemed a full satisfaction of ail said damages of the
Appeal to cir- said claimant. But any party feeling aggrieved thereby,
cuit court
may appeal to the circuit court for the city of Richmond, which court, in taking jurisdiction thereof, shall
be controlled by the laws regulating assessment of damages to real estate in other cases.
CHAPTER V I I .
THE J U D I C I A R Y .

Clerks for cir- 98. There shall be elected by the qualified voters of
cuit, hustings sai(J city, at the first charter election, and every six
courts -tetm of y e a r s thereafter, one clerk for the circuit court, one
office '
clerk for the hustings court, and one clerk for the chancery court of the city of Richmond, who shall serve
for the period of six years, and until their successors
be elected and qualify. They shall receive, in compenFees, &c.
sation for their services, the fees and emoluments allowed by law to clerks of the circuit courts.
Common
99. There shall be elected at the first charter election,
wealth's
and every two years thereafter, by the qualified voters
ney
of said city, one commonwealth's attorney for the circuit court, who shall also prosecute in all cases in the
hustings court of the city of Richmond. He shall hold
his office for a term of two years, and until his successor

CHARTER.

37

l e elected and qualify, unless sooner removed, and shall
receive such compensation for his services as may be
prescribed by law.
100. There shall be elected at the first charter elec- Sheriff; term
felon, and every two years thereafter, by the qualified of office, bond,
, voters of said city, one sheriff of the city of Richmond, &c*
who shall, before entering upon the duties of his office,
jpve bond, with good security, in a penalty of not less
than one hundred thousand dollars nor more than three
liundred thousand dollars, as shall be required by the
judge before whom he shall execute the same, whose
powers and duties, liability, responsibility, emoluments,
and term of office shall be, so far as not inconsistent
with the provisions of this act, the same as now proTided by law in respect to the sheriff of the city of
Bichmond.
,
101. There shall be elected at the first charter elec- Sergeant; term
tion, and every two years thereafter, by the qualified of office
voters of said city, one city sergeant, who shall serve
for two years, and until his successor be elected and
•qualify, unless sooner removed.
He shall keep his Compensation
office in such place as the city council may provide and and bond
appoint, and shall receive such compensation for his
services as the city council shall determine. Before
entering upon the duties of his office, the said city serge-ant shall give bond and security in such amount as
ike said city council shall determine ; which bond shall
be approved by the said council, entered on their records,
and filed in the office of the city clerk.
102. The said sergeant shall attend the terms of the His powers and
court of hustings, and act as the officer thereof. He duties
stall also in all respects, except as to the collection of
taxes, have the same powers and authority, and shall
perform the duties, and be subject to the same liabilities and penalties, and be proceeded against in the same
manner as sheriffs.
103. There shall be elected by the qualified voters of High constable}
tlie city of Richmond at the first charter election, one term of office
liigh constable for said city, who shall hold his office for
the term of two years, and until his successor be appointed and qualify, unless sooner removed from office.
& i d high constable shall keep his office in such conve- Compensation,
nient place in the city as may be designated by the city powers and
council, and shall receive such compensation for hi&, utles

38

CHARTEK.

services as the said council shall determine. H e shall
in civiKc'ases have the same powers and duties and be
subject to the same' penalties as are prescribed by law
to other constables, and shall perform such duties as the
city council may ordain, not in conflict with the p r o visions of this act, the laws of this State, or the laws
of the United States.
His .bond
104. Before entering upon the duties of his office,
the said high constable shall give bond and security, insuch amount as shall be required by the city council,
for the faithful discharge of the duties of his office ;
which bond shall be approved by the said council, entered on their record, and filed in the office of the city
His deputies clerk. Said high constable may appoint one or more
deputies to attend to and execute the duties of his
office ; but the sureties on the bond of the high constable shall be equally liable for the acts of the deputy or
deputies as for those of their principal.
Sergeant to at105. The sergeant of the city of Richmond shall be
tend hustings, the officer of the hustings court, and the sheriff of the
dreult and ^ c i t y o f Richmond shall be the officer of the circuit
chancery courts court, and also of the chancery court.
Police justice;
106. There shall be appointed by the city council
his appoint- o n e police justice, who shall hold his office for .the t e r m
^onandUpoweCrs °^ ^ w o y e a r s > a n c ^ until his successor shall be elected
and qualify, unless sooner removed from office. The
police justice shall hold a court daily in said city (Sundays excepted;,) in such place as the city council m a y
provide and appoint. The jurisdiction of the court
shall extend to all cases arising within the jurisdictional
limits of the city, of which a justice of the peace may
take cognizance under the laws of the State, and to all
cases arising under the charter or ordinances of the
city, or where there is a claim against the city or a
person therein, if it does not exceed one hundred dollars, exclusive of i n t e r e s t ; and the judgment shall be
final in all civil cases wThere the matter in controversy,
exclusive of costs, is not more than twenty dollars.
H e shall have such other powers and jurisdiction as m a y
be conferred upon him by the city council, not in conflict with the ponstitution and laws of the United States
and of the State of Virginia.
His clerks and
The city council may provide for the appointment of
officers
such clerks and officers for said court of the police j u s -

39

CHARTER.

tice, and make such rules for the government of said
court, as they may find proper.
If any person who has been duly summoned as a wit- Fine upon witness to attend and give evidence before the police jus- ness £°v non~
tice, touching any matter or thing pending before him
under the charter or any ordinance of the city, shall
fail to attend in obedience to the said summons, he or
she may be fined, at the discretion of the said justice,
in a sum nqt exceeding twenty dollars.
107. There shall be elected by the qualified voters of justices of
each ward, thr,ee justices of the peace for each ward of Peaces three in
the said city, who shall be residents of their respective eLtLJfor'two
wards, and shall hold office for the term of two years, years
and until their successors be elected and qualify, unless
sooner removed from office. They shall be designated Their designaby the city council as first, second, third, et csetera, tion
justices. The said justices of the peace shall be con- p0Wers and
servators of the peace within the limits of the corpora- duties
tion pf Richmond, and shall have the same powers and
duties within said limits as are provided by law in
respect to justices of the peace in counties of this State
in their respective counties, except that nothing herein
contained shall be construed as vesting in said justices
any portion of the jurisdiction given by this act to the
police justice.
Whenever the police justice shall be absent from the Council to decity, or unable, from any cause, to hold his court, the signate one to
same shall be holden by a iustice of the peace, to be fct fs police
*.

iustice in nis

designated by the council. And when the said court absence
shall be holden by a justice of the peace six or more
days in succession, he shall be entitled to receive therefor the same compensation, pro rata, that may be prescribed as salary to the police justice.
108. All acts and parts of acts in conflict with this inconsistent
acts
act are hereby repealed
repealed
109. This act shall be in force from its passage.
Commence-

ORDINANCES
OE THE

CITY OF RICHMOND,
Passed since Last Revision^ and not included
in the Volume of Ordinances of 1869.

Concerning

Dangerous

Explosives,

[Passed Dec. 13th, 1869.]

" Be it ordained, That no person or persons shall bring
into the city, keep for sale, offer for sale or barter torpedoes,'
or fire crackers of an extra size under any name whatsoever,
nor any fire works in which nitro-glycerine forms a constituent part, under a penalty of not less than twenty nor
more than one hundred dollars. The chief of police sliall
have power to determine what size of torpedoes or fire crackers
may be offered for sale under this ordinance."

Concerning

Markets.

[Passed Dec. 30th, 1869.]

Amends section 26, on page 141, so as to make the returns
of the clerk of each market to the auditor monthly, instead
of quarterly, and changes the time limited, within which to
make such returns and pay over receipts, from twenty to ten
days.
6

ORDINANCES-.

Concerning

Encroachments

on

Streets.

[Passed January i c t h , 1870.]

" Wherever in that portion of the city annexed by act of
the Legislature, passed February 18, 1867, houses or porches
which have been erected prior to that date, project over or
encroach on the public street, a distance not exceeding three
feet, the same may be allowed to continue until the first day
of January, 1875 : provided, however, that all fences within
said district shall be put upon the proper street line, whenever their owners shall be notified by the engineer of the city
so to do: and provided, also, that all encroachments whatsoever shall be removed on or before the date specified."

Concerning

the Police Force of the

City,

[Passed January 10, and May 2, 1870.]

Sections 2, 5, 7 and 23, amended, and section 27 added, viz :
2. " The police force shall consist of one officer, who shall
be styled the ' chief of police,5 three captains, who shall
be designated as first, second and third captains, and shall
rank in the order of their numbers, beginning at the first,
who shall be first in rank ; and eighty policemen, from whom
there shall be appointed ten sergeants: and the mayor may,
when from peculiar circumstances he shall believe it to be
necessary, increase the policemen to any extent the public
necessities may require ; provided he shall report any such
increase to the next meeting of the council. The said captains and sergeants of the police shall, in criminal casesP
have the same powers, perform the same duties, receive the
same fees, and be subject to the same penalties as are prescribed by law for constables ; and one of said captains shall
reside in each police district."

O&DI&AN'OJEg.

5. iC The chief of police shall daily assign one captain
police and three sergeants to duty in each police district;
he shall distribute the policemen in such proportions as m$$
seem proper among said districts, and he shall make such
. regulations for a proper system of relief, (other than dividing
the police into two portions, one for the day and one for the
night,) that at all times during the day-watches one-fourth of
the force shall be on duty, and at all times during the night
watches, three-fourths of the force shall be on duty. The
chief of police shall also divide the force so that one-fourth
of the policemen assigned to each district shall be required to
sleep at the station houses when off duty, in order to provide
for any sudden emergency. The captain of each police district shall have charge of the entire district to which he is
assigned, subject to the orders and responsible to the chief of
police, and shall be relieved by the sergeant first assigned to
said district, whom he shall hold responsible for the command
during his absence from duty."
7. " Each captain of the police shall keep a muster roll of
the police of his district, and call it at the hours of relief,
and shall deliver it to the chief of police • he shall also report
in writing to the chief of police any delinquency on the part
of any policemen that shall come to his knowledge, and any
excuses made by any policemen for absence from duty, or the
unfitness of any member for his office, and any charge that
may be made against a member. With the assistance of his
sergeant he shall keep a book, in which shall be entered all
arrests made, the disposal of prisoners, all nuisances reported, ordinances enforced, complaints and applications of
citizens, and other police matters, and shall deliver daily with
the muster a copy of such entries made during the preceding
twenty-four hours. 5 5
23. " If any person resist any captain of police or policeman in the discharge of his duty, he shall pay a fine of not

M

OHDINANOIS*

less than ten nor more than twenty dollars. And if any
person shall fail or refuse to aid or assist a captain of police
or policeman, when called upon so to do by such captain or
policeman while in the discharge of his duty, he shall be
fined not less than five nor more than twenty dollars."
27. " No person shall be hereafter appointed a member of
the police force, who is under twenty-five or over forty-five
years of age, or of unsound health and physical condition.
A certificate from a competent physician will be considered
sufficient evidence of the physical condition of applicants. 95

Concerning

Fire

Department.

[Passed 24th January, 1870.]

Strikes out the words "and colored persons " from section
6, last line save one, page 179.

Concerning

Intrusion

of Boys on Railroad

Cars, fyc.

[Passed February 14, 1870.]

1. " Be it ordained by the Council of the City of Richniond, That it shall be unlawful for any minor to climb or get
or attempt to climb or get upon any railroad car or machinery,
while in motion, within the limits of this city; and the
parent or guardian of any minor who shall be convicted of
violating this ordinance, shall be fined by the mayor not less
than five nor more than twenty dollars.
2. It shall be the special duty of every policeman, who
shall, at any time, be in any street where railroad cars shall
be in motion, to vigilantly observe them, and to arrest any
minor who may violate this ordinance, and promptly report
such violation to the mayor, before whom the parent or guar-

45

'ORDlSAtfCESi

dian shall be summoned to appear, and show cause, if he or
she can? why he or she should not be fined in accordance with
this ordinance."
For Preservation

of the Public

Peace.

[Passed March 19th, 1870.]
u

Be it ordained- by the Council of the City of Richmond,
That twenty or more persons assembled on the streets, alleys
or sidewalks, or in or around the market houses, city hall,
station houses, or other public buildings, or places in this
city, shall be deemed to be an unlawful assemblage, and the
mayor may proceed, under the provisions of charter 195
of the Code of Virginia, of I860, to disperse such unlawful
assemblage."
Concerning

the Measuring

of

Lumber.

[Passed May 6th, 1870.]

"Be it ordained by the Council of the City of Richmond,
That chapter X X X V I I of the city ordinances, concerning
the measuring of lumber, be and^ the same is hereby repealed.' 3
Concerning

the Levying

of

Taxes.

[Passed May 11, and amended May 30, 1870, and March 6, 1871.]

Be it ordained by the Council of the City of Richmond,
That Chapter X I I I of the ordinances of the city is hereby
amended and re-ordained to read as follows :
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 the City Taxes," the taxes following to wit:

46

OEBIMNCBS*

1. On real estate not exempt from taxation, one dollar and
twenty-five cents on every hundred dollars5 value thereof;
and herein shall be included all real estate, not exempt from
taxation, of all incorporated joint stock companies, savings
institutions and insurance companies.
2 On all personal property one dollar and twenty-five
cents on every hundred dollars value thereof; on all moneys
and credits, whether in the city or not, one dollar and twenty-five cents on every hundred dollars5 value thereof; and
herein shall be included all the capital invested or employed
in any trade or business, and all capital or stock in any incorporated institution or company, located in or out of the
city, not specially taxed and not exempt by law.
8. Commission* merchants, brokers, agents, auctioneers,
keepers of ordinaries, houses of private entertainment, or
private boarding-houses, keepers of eating-houses and cookshops, and all other business which cannot be reached by the
ad valorem system, or which shall not be taxed on the capital
invested therein, shall be divided into eight classes, and shall
pay a license tax, if in the first class, of five hundred dollars ; if in the second class, of four hundred dollars ; if in
the third class, of three hundred dollars; if in the fourth
class, of two hundred dollars; if in the fifth class, of one
hundred dollars; if in the sixth class, of fifty dollars ; if in
the ^seventh class, of twenty-five dollars ; if in the eighth
class, of ten dollars.
4. Sellers, by wholesale or retail, of wine or spirituous
liquors, or a mixture thereof, shall be divided into six classes,
and shall pay a license tax, if in the first class, o£*tWo hundred dollars ; if in the second class, of one hundred and fifty
dollars ; if in the third class, of one hundred dollars ; if in
the fourth class, of fifty dollars ; if in the fifth class, of
twenty-five dollars ; if in the sixth class, of ten dollars ; and
this shall be in addition to any tax he may pay as merchant,

ORDINANCES.

47

^hop-keeper or auctioneer, or upon the capital he may have
invested In business or the1 income derived therefrom ; but
apothecaries, who only keep wine or spirituous liquors in
their stores, and sell the same by retail as medicine, upon the
prescription of a physician, shall not be required to pay this
tax.
5. Practicing physicians, lawyers, dentists, artists, veterinary surgeons, barbers, bakers, mechanics, carrying on
business, and measurers or inspectors of lumber, shall be
divided into six classes, and pay a license tax, if in the first
class, of one hundred dollars ; if in the second class, of fifty
dollars ; if in the third class, of thirty dollars ; if in the
fourth class, of twenty dollars ; if in the fifth class, of ten
dollars ; if in the sixth class, of five dollars : provided, however, that instead of such license tax any such persons may
be taxed on the capital employed in their business, if the
committee on finance so determine.
6. Agents and sub-agents of any insurance company,
whose principal office is located in the city, shall, between the
first and fifteenth of July, and the first and fifteenth of January of each year, make a return to the auditor of the city,
under oath, of the gross amount of premiums received by
said company for the past six months, and shall pay to the
chamberlain one and a quarter per cent am upon the amount
thereof.
7. Agents and sub-agents of any insurance company or
office, whose principal office is located out of the city, shall
be divided into three classes, and shall pay a license tax, if in
the first class, of one hundred dollars ; if in the second class,
of fifty dollars ; and if in the third class, of twenty-five dollars; And in addition to the class tax, shall, between the
first and fifteenth of July and January of each year, return
to the auditor of the city, on oath, the amount of premiums
received for the past six months, and shall pay to the eham-

48

ORDINANCES.

berlain of the city one and a quarter per centum on the
amount thereof.
8. Express companies and telegraph companies having a
place of business in the city, shall be divided into two classes,
and shall pay a license tax, if in the first class, of five hundred dollars; if in the second class, of two hundred and fifty
dollars.
9. Any person who desires to commence a business which
is assessed with a class tax may apply to the chairman of the
committee of finance, and the committee shall determine the
class in which he shall be placed, and upon payment of such
tax in the mode prescribed in the following section, he shall
have the privilege of doing such business.
10. The aforesaid taxes on licenses shall go into the hands
of the collector of city taxes, and be collected by him from
the 15th to the 30th of April, inclusive, and his receipt shall
be the license to the party paying for conducting the business
on which the tax is levied. And all parties conducting business after the 1st day of May without a license shall be liable
to a fine of not less than one dollar and no more than five
dollars per day.
11. The committee on finance shall place each person and
firm employed in the trade or business referred to in sections
3, 4, 5, 7 and 8, 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. The classification so made shall remain in the office
of the auditor for one week ; and the auditor shall give notice
of the time, not less than one week from the date of the
notice, in two or more of the daily papers of the city, when
the committee on finance will meet to hear applications from
all persons who shall think they are placed in too high a
class ; and the committee may thereupon change their classic

49

ORDINANCES.

fication, if they find reason therefor; after which time no
change shall be made.

Concerning

Assessment

of

Taxes.

[Passed May 30th, 1870.]

Amends section 14, page 75, by inserting after "baker"
in 5th clause, the words "measurer or inspector of lumber."
Amends section 19, page 77, by striking out all after the
word "tax?'3 in the 7th line.
Amends section 84, page 82, by inserting "three quarters
3
of before "oneper centum."

Concerning

Sale or Pledge of Second-hand

Articles.

[Passed May 30th, 1871.]

"-Be it ordained by the Council of the City of Richmond,
That chapter sixteen of the city ordinances, concerning the
sale or pledge of second-hand articles, be and the same is
hereby amended and reordained, so as to read as follows :
1. Hereafter the keeper or keepers of every shop within
the limits of the city of Richmond, where any kind of articles, such as watches, jewelry, junk, old metals, or other
like commodities, and all kinds of second-hand articles, are
purchased, sold, bartered, exchanged, or pledged, shall obtain
from the chamberlain of the city a license to do so ; and shall
pay for said license the amount which such person or persons
may have been assessed.
2. Every person receiving such license shall place the same
in some prominent place in his shop where it may be seen by
everyone. Such shop shall be open at all times to the inspection of the mayor, the police, or any citizen of the city,
county, or State, and such mayor, police, citizen, or their

6

50

ORDINANCES.

agents, shall have power to take and carry away any and
every article of such citizen which may have been stolen,
and bought by such dealer or dealers. No such business
shall be carried on until the license tax shall have been paid ;
and the said license shall not be transferable ; and the person
or persons attempting to do the said business without first
obtaining a license therefor shall be subject tova fine of not
less than two hundred dollars, or imprisonment not less than
thirty nor more than sixty days."

Concerning

the Water

Works.

[Passed June 15th, 1870.]

Amends section 14, page 149, by inserting in second line
thereof after "Monroe" the words "and Clay ;" and by striking out "and" in fourth line, and inserting, after "Jefferson" the words "and Marshall."

Concerning

Injuries

to Real

Property.

[Passed June 15th, 1870.]

^Be it ordained by the Council of the City of Richmond,
That chapter fifty-five of the city ordinances be and the same
is hereby amended to read as follows :
1, 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 appurtenant thereto, or shall
wilfully destroy, injure or deface any tree, shrub or other
thing within any such enclosure, he shall be fined not less

ORDINANCES.

51

than one hundred nor more than two hundred dollars. 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 ; and this section, with the assent of the Governor, shall apply not only to the capital square and the
government house, but to all other enclosed grounds and
buildings in this city belonging to the Commonwealth, and to
the enclosures thereof, and the trees, shrubbery and other
things therein.
2. If any person shall wilfully destroy, injure or in any
manner deface any grave, tombstone or monument in any public or private cemetery in this city, or if any person, other
than the owTner, shall wilfully destroy, injure or deface any
fence or enclosure thereof, or any tree, shrub, flower or other
thing within such cemetery, he shall be fined not less than
two hundred nor more than five hundred dollars; or if the
fine be not paid, imprisonment for not less than thirty nor
more than ninety days. And if any person, other than the
owner, shall pluck, take or remove from such cemetery any
flower, wreath, vine, plant or other ornament, he shall be
fined not less than five nor more than one hundred dollars ;
or, if the fine benot paid, imprisonment for not less than
thirty nor more than ninety days.
8. The keepers of all cemeteries, public buildings, parks or
enclosures within the city, are vested with the powers of
policemen of said city so far as the limits of their respective
cemeteries, buildings, parks or enclosures are concerned.
4. If any person shall poste or paste any bill or notice of
any description whatever upon any wall, building, tree-box
or enclosure in the city, or paint or chalk or in any manner
deface the same, without the consent of the owner or occu-

52

ORDINANCES.

pier of the premises, lie shall he fined not less than ten nor
more than twenty dollars.

Concerning

" Rules of the

Council."

[Passed June 15, 1870.]

" Be it ordained by the Council of the City of Richmond,
That chapter seven of the ordinances be and the same hereby
is amended and re-ordained to read as follows :
1. For the regulation of the proceedings of the council
and the convenient transaction of its business, the following rules are adopted :
RULE I. A majority of the members of the council shall
constitute a quorum for the transaction of business.
RULE I I . The council shall elect one of its members to act
as president, who shall preside at its meetings ; and when
from any causej he shall be absent, they may appoint a president pro tempore? who shall preside during the absence of the
president. The president, or the president pro tempore? who
shall preside when the proceedings of a previous meeting are
read, shall sign the same. The president shall have power at
any time 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.
RULE I I I . The council shall meet on the first and third
Monday in every month, at five o'clock in the afternoon, and
also shall meet at any other time to which it may adjourn or
be regularly called. If a quorum 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 present, and
the adjournment for want of a quorum. •
RULE IV. Before the time of any meeting of the council,

ORDINANCES.

53

the clerk shall make out and sign a notice thereof to each
member. The notices shall be placed by the clerk in the
hands of the messenger of the council, or in case of his sickness or absence from the city, a police officer of the city, 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 V. The order of business at all meetings of the
council shall be as follows :
REGULAR MEETINGS.

1.
2.
3.
4.
5.
6.
7.

Reading proceedings of previous meetings.
Reports of standing committees.
Reports of special committees.
Special orders for business.
Unfinished business of previous meetings.
Introduction of ordinances, resolutions, or new business.
Presentation of petitions, claims, &c.
SPECIAL MEETINGS.

1. Reading proceedings of previous meeting.
2. Special business for which meeting is ordered. No other
business shall be in order at a special meeting, except by
consent of two-thirds of the members present, and if so
allowed, shall be introduced in the order prescribed for regular meetings.
RULE VI. As soon as convenient after each organization of
the council, there shall be appointed by the president the
following standing committees, viz :
1. The Committee on Streets Generally, which shall consist of eleven members, of which at least two shall be from
each ward ; and the members of the General Committee from

54

ORDINANCES.

each ward, together with the chairman of the General Committee, shall be a Committee for the Ward.
2. The Committee for the Belief of the Poor, which shall
consist of seven members.
The
8.
4.
5.
6.
7.
8.

following committees to consist of five members:
The Committee on Finance.
The Committee on "Light.
The Committee on Water.
The Committee on the Fire Department.
The Committee on Improvement of James River.
The Committee on Elections.

The following committees to consist of three members :
9. The Committee on Police.
10. The Committee on Claims and Salaries.
11. The Committee on Public Grounds and Buildings.
12. The Committee an Accounts and Printing.
13. The Committee on Health.
14. The Committee on Cemeteries.
15. The Committee on Ordinances.
16. The Committee on the First Market ; one member
from each of the wards, Jefferson, Madison and Marshall.
17. =The committee on the second market; one member
from each of the wards, Monroe, Madison and Clay.
Said committees shall meet regularly at such time and place
as they may by rule determine, provided that such regular
meetings shall be held at least once in every month. They
shall also meet at any other time which they may prescribe,
to which they may adjourn, or to which they may be called
by their chairman. All reports of a committee to the council shall be in writing and signed by the chairman.
The president may be placed by the council upon any of
the said committees.
The council may, by resolution, raise select committees for

ORDINANCES.

55

a special purpose, which, if not otherwise directed, shall be
appointed by the president.
RULE V I I . Every application for a remission or repayment
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 on finance ; if a fine or other claim,
to the committee on claims and salaries. Before the committee
reports to the council on the application, there shall (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.
BULE V I I I . 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 IX. No person who is not a member 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 X. A member shall address himself to the president,
and be recognized by him as entitled to speak, before he pro.
ceecls. 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 XI. All debate shall be regular, decent, and without
altercation or personal invective ; it must also be pertinent
to the question.

56

ORDINANCES*

RULE X I I . 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 i t ; but any member
may appeal from his decision to the council, which may affirm
or reverse such decision.
RULE X I I I . No resolution appropriating money, nor any
ordinance, shall pass on the day the same shall be introduced ; and every ordinance, when introduced, shall stand
referred, without special order, to the committee on ordinances.
RULE XIV. On all ordinances or resolutions appropriating
money exceeding the sum of one thousand dollars, imposing
taxes or authorizing the borrowing of money, the yeas and
nays shall be entered on the journal. And no ordinance
shall be amended, suspended or repealed, except by ordinance
regularly introduced and passed ; nor shall any section of an
ordinance be amended unless the whole section be re-enacted.
RULE XV. Every appointment to office by the council
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
takSn, either then or at such other time as the council may
determine on.
i

XVI. '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.
RULE

X V I I . After a member has at any meeting been entered as present, he shall not, without leave of the council,
RULE

ORDINANCES.

57

absent himself from such meeting until its adjournment. A
member violating this rule shall pay a fine of ten dollars.
EULE X V I I I . The previous question may be called at any
time, three members concurring.'
RULE X I X . 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 reconsideration votes equal
to or greater than the majority of the members present when
the question was before decided. And when the motion is
for reconsideration 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 repealed by an
ordinance introduced and passed in the manner allowed by
the fourteenth rule.
RULE XX. No vote shall be reconsidered or rescinded at
a special meeting, unless at such special meeting there be
present as large a number of members as were present when
such vote was taken.

RULE X X I . 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 X X I I . Any rule herein adopted may, at any particular time, be suspended for a special purpose, by a vote of
two-thirds of the members present at the time, with the exception of rules 1, 2, 8, 0, 11, 19, 20 and 21, which shall
only be suspended, amended or repealed by an ordinance
introduced and passed in the manner allowed by the fourteenth
rule,
8

58

ORDINANCES*

Concerning

the

Mayor.

[Passed June 15, 1870.]
iC

Be it ordained by the Council of the City of

Richmond:

1. It shall be the duty of the mayor to see that the laws
of the State and the ordinances of the city be faithfully executed. He shall exercise a constant supervision and control
over the conduct of all subordinate officers, and receive and
examine into all complaints against them for neglect of duty.
He shall recommend to the council such measures as he shall
deem expedient; and, in general, maintain the peace and
good order, and advance the prosperity of the city.
2. It shall be the duty of the mayor to communicate to the
city council annually, as soon as may be after the commencement of the fiscal year, and oftener if he shall deem it expedient or be required by the council, a general statement of
the situation and condition of the city in relation to its government, finances and improvement, "with such recommendations as he may deem proper.
8. It shall be the duty of the mayor in all cases when he
shall suspend or remove a subordinate officer, under the provisions of the constitution of the State, to report the same to
the council at their next stated meeting, -with his reasons
therefor.
4. The mayor shall exercise all the powers and authority
in criminal cases of a justice of the peace, but he shall receive no fees for such services. He shall also perform such
other duties and exercise such other powers as are enjoined
or conferred upon him by the constitution or laws of the
State, or that may be required of him by any ordinance or
resolution of the council.

59

ORDINANCES.

5. In case of the absence or inability of the may01% the
president of the city council shall possess the same powers
and discharge the municipal duties of the mayor during such
absence or inability. 5 '

Concerning

the Police

Justice.

[Passed June 15, amended July 11, 1870.]

"Be it ordained by the Council of the City of Richmond,
That chapter eight of the ordinances be and the same hereby
is repealed, and the following substituted :
1. At the first meeting of the council in the month of July,
or as soon thereafter as practicable, and whenever a vacancy
shall occur in the office, there shall be elected by the council
a police justice. He shall hold his office for the term of two
years ? unless sooner removed, and until his successor shall be
elected and qualify.
2. The said police justice shall hold a court daily, except
Sundays, in said city, in such place as the council may designate. The jurisdiction of the court shall entend to all cases
arising within the jurisdictional limits of the city, of which a
justice of the peace may take cognizance under the laws of the
State, and to all cases arising under the charter or ordinances
of the city.
3. The police justice shall nominate to the council three
persons as a clerk, and from the number thus nominated the
council shall elect one to serve as clerk of the police justice.
The said clerk shall perform such duties as may be required
of him by the police justice, and shall also act as clerk or
secretary to the board of police commissioners.
4. The police justice shall not be entitled to receive any
fees as a justice of the peace, but shall receive in full compensation for his services a salary of fifteen hundred dollars

60

ORDINAKCES.

per annum. The clerk of the police justice shall receive in
full compensation for his services a salary of one thousand
dollars per annum.
5. All the fines and penalties imposed by the said police
justice, and all the moneys that shall be paid or received by
him as such, shall belong to the city ; and the said police
justice shall report on oath to the city council, at the first
regular meeting thereof in each month, during the term for
which he shall be elected, the number and names of persons
fined by him, and the names of persons against whom judgment shall have been rendered by him for any penalty or
penalties respectively, and all moneys collected or received by
him as such police justice for fines and penalties, or otherwise ; and also all disbursements made by him in abating
nuisances, paying the necessary expenses of prisoners confined in the station houses awaiting examination before him,
and other expenses incident to his office ; the disbursements
in every case must be supported by proper vouchers ; which
reports, after they have been submitted to and approved by
the council, the city clerk shall file successively, as they are
received, with the other papers and documents belonging to
his office. The said police justice shall, on the first Monday
in each and every month during his term of office, pay to the
city treasurer all moneys received by him, hereinbefore declared to belong to the city. Any neglect to comply with
the provisions of this section shall be good ground for the removal from office of said police justice.
6. It shall be the duty of the police justice, on the first
Monday in June and the first Monday in December in every
year, to deliver an account, verified by his oath, to the council, of all moneys, goods, wares and merchandise then remaining unclaimed in the custody of his court, and immediately
thereafter to give notice daily for two successive weeks, in

ORDINANCES.

61

two of the newspapers printed in the city, to all persons interested or claiming such property, that unless claimed by
the owner, with satisfactory proof of such ownership, before
a specified day, the same shall be sold at public auction to the
highest bidder. On the day and at the place specified in said
notice all property remaining unclaimed, except money, shall
be sold at auction by said police justice, or under his direction. If any goods, wares, merchandise and chattels of a
perishable nature, or which shall be expensive to keep, shall
at any time remain unclaimed in the custody of said court, it
shall be lawful for said police justice to sell the same at public auction, at such time and after such notice as to him shall
seem proper. The said police justice shall, immediately after
the sale of any property in accordance herewith, pay to the
city treasurer, as aforesaid, all money remaining unclaimed
in his hands as such police justice, and all moneys received
by him upon such sale, after deducting the expenses thereof.
7. It shall be the duty of said Police Justice whenever he
shall obtain possession of any stolen property, on his receiving satisfactory proof of property from the owner, to
deliver such property to the owner thereof on his paying all
necessary and reasonable expenses which may have been incurred for the preservation or sustenance of such property.
But no property shall be sold or delivered in pursuance of
this or the preceding section if the Commonwealth's Attorney for the city shall direct that it shall remain unsold or
undelivered for the-purpose of being used as evidence in the
administration of justice.
8. All dockets and other books kept by said Police Justice
shall at all times be subject to the inspection or examination
of the City Attorney, the City Council, or any member
thereof.
9. It shall be the duty of the Board of Police Oomrais-

62

ORDINANCES.

sioners, when so requested by the said Police Justice, to
detail one or more of the city police to attend the court of
said Police Justice, and perform such duties therein as may
be required by the same.
10. If any person who has been duly summoned as a witness to attend and give evidence before the Police Justice,
touching any matter or thing pending before him under the
charter or any ordinance of the city, shall fail to attend in
obedience to the said summons, he or she may be fined, at
the discretion of the Police Justice, in a sum not exceeding
twenty dollars.
11. At the first meeting of the Council in the month of
July in each year, or as soon thereafter as practicable, the
Council shall designate, by the drawing of lots, the seniority
of the justices of the peace of the city. And whenever the
Police Justice shall be absent from the city, or unable from
any cause to hold his court, the same shall be holden by the
senior justice of the peace present in the city and able to
perform the duties. And when the said court shall be holden
by a justice of the peace six or more days in succession, he
shall be entitled to receive therefor the same compensation,
pro rata, that is prescribed as salary to the Police Justice.

Concerning

the City

Clerk.

[Passed June 15th, '70; amended Feb. 20, 1871.]

Be it ordUined by the Council of the City of

Richmond:

1. There shall be appointed by the Council at the first
meeting thereof in the month of July, or as soon thereafter
as practicable, -and whenever a vacancy shall occur, a City
Clerk, who shall hold his office for the period of two years,

ORDiNANCES.

63

and until his successor shall be appointed and qualify, unless
sooner removed from office by the Council.
2. The said City Clerk shall have the custody of the corporate seal. He shall in his office file all papers and preserve all books and papers which by provisions of the
ordinances, or by direction of the Council, are required to be
filed "with or kept by him,,
3. He shall 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 times to the inspection of any member of the
Council. He shall act as clerk to such committees of the
Council as shall require such service; and no committee
shall appoint any clerk or other assistant without the consent of the Council. He shall make copies of or extracts
from anything in said books when and as often as he may be
required to do so by the Council, the President, or any chairman of any committee thereof. He may also make like
copies or extracts, upon the request of any other person
desiring the same, and may demand and receive from such
other person a reasonable compensation therefor.
4. 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. It shall
also be his duty, immediately after the close of each session
of the Council, to make and present to the Mayor a transcript
of every ordinance, resolution and order concerning any
public improvement or for the payment of money, and every
ordinance, resolution, order and act of a legislative character,
passed by the Council at such sessions. He shall in like
manner transmit to the Auditor a transcript of all ordinances,

64

ORDINANCES.

resolutions or orders appropriating money or authorizing the
payment of money, the issue of bonds or notes ; and to the
heads of all departments of the city government all ordinances, resolutions or orders relating to their departments.
He shall in like manner give notice to parties presenting
communications or petitions to the City Council of the final
action of the Council on such communication or petitions.
5. He shall publish in such manner as may be directed, all
reports and ordinances which he may be required by the ordinances to publish, and such other reports and ordinances
as the Council may direct. And he shall in general perform
such other acts and duties as the Council may from time to
time require of him.
6. The said City Clerk shall receive, in full compensation
for all public services rendered by him, a salary of eighteen
hundred dollars per annum.
7. All ordinances or portions of ordinances in conflict with
this ordinance are hereby repealed.

Concerning

City

Attorney,

[Passed June 15, 1870.]

"Be it ordained by the Council of the City of Richmond,
That chapter fifty-four of the Ordinances be and the same
hereby is amended so as to read as follows :
i . At the first meeting of the Council in the month of
July, or as soon thereafter as practicable, and whenever a
vacancy shall occur in the office, there shall be elected by the
Council an Attorney for the City, who shall be a resident
citizen thereof, and who shall have been admitted to practice
in the Courts of the Commonwealth. He shall hold his office

ORDINANCES.

65

for the term of two years, unless sooner removed, and until
his successor shall be appointed and qualify.
2. The said City Attorney shall have the management,
charge and control of all the law business of the city, and be
the legal adyiser of the Mayor, City Council, or any committee thereof, and of the several departments of the city
government, and when required shall furnish written or
verbal opinions upon any subjects involving questions of law
submitted to him by them.
3. It shall be the duty of said City Attorney to draft all
bonds, deeds, obligations, contracts, leases, conveyances,
agreements, and other legal instruments, of whatever nature,
which may be required of him by any ordinance or order of
the City Council, or which by any ordinance or order heretofore passed, may be requisite to be done and made by the
city, or which may be required by any person or persons
contracting with the city in its corporate capacity, and
which, by law, usage or agreement, the city is to be at the
expense of drawing. It shall also be his duty to commence
and prosecute all actions and suits to be commenced by the
city before any tribunal in this Commonwealth, whether in
law or equity ; and also, to appear in, defend and advocate
the rights and interests of the city, or any of the officers of
the city, in any suit or prosecution for any act, in .the discharge of their official duties, wherein any estate, right,
privilege, ordinances or acts of the city government may be
brought in question. When the Mayor shall direct a prosecution for a nuisance, he shall appear for the prosecution
when the case shall come into court; and if the Police
Justice shall require it, he shall appear in such eases before
him for the prosecution ; and he shall perform such other
duties as are or may be required of him for the city by any
ordinance or resolution of the City Council.
4. In full compensation for his services, the City Attorney

9

66

OEDINANCES.

shall receive a fixed salary of two thousand dollars per
annum, payable monthly. In all cases, however, when his
attendance may be required out of the city, his reasonable
traveling expenses shall be allowed him.

Concerning

Wagons,

Drays,

Carts and

Hacks.

[Passed June 15th, 1870.]
si

£e it ordained oy the Council of the City of Richmond,
That chapter thirty-six of the city ordinances be, and the same
is hereby amended, by the addition of the following sections :
15. The Mayor shall, from time to time, designate such
place or places as he shall deem proper, at which hacks- enr*
other carriages may stand, waiting for employment. The
owner or driver of any hack or other carriage which sliall
stand waiting for employment at any other time or place than
shall have been designated1 by the Major, shall be fined not
less than five nor more than twenty dollars for each offence.
16. The Mayor is hereby authorized to make regulations
and give directions respecting the places or positions to be
occupied by hacks o«^carriages at the public stands, or at any
railroad depot, steamboat landing, canal packet landing,
theatre or other place of public entertainment where they may
be attending for passengers, and the route they shall go when
going to of leaving any such place ; and if any owner, driver,
or any other person having the care of any such carriage,
shall refuse to obey such regulations or directions, they shall
be liable to a fine of not less than five nor more than twenty
dollars for each offence.

ORDINANCES.

67

[Passed September 5, 1870, and April 17, 1871.]

" Be it ordained, That section twelve of chapter thirty-six
of the city ordinances, be amended and re-ordained so as to
read as follows:
" 12. The load of single carts shall not exceed one thousand five hundred pounds, and their widtji of tires shall not
be less than two inches. The load for single drays or trucks
shall not; exceed two thousand five hundred pounds, and their
width of tires shall not be less than two inches. The
load for double carts, drays or trucks shall not exceed
three thousand pounds, and their width of tires shall not be
less than two inches. Three or four horse wagons or trucks
shall carry a load not exceeding five thousand pounds, and
their width of tires shall not be less than two and a half
inches. Wagons or trucks carrying a load exceeding five
thousand pounds, and not exceeding six thousand pounds, shall
have tires not less than two and a half inches wide.
Railroad cars, unless moved upon permanent or shifting
tracks, shall pass over the streets upon eight wheels,
with flat tires not less than six inches wide, or upon four
wheels, with tires not less than ten inches wide; provided,
that the Tredegar Iron Works Co. shall be allowed to carry
the railroad cars built by them, until the first clay of January,
1871, on the streets of the city, subject to the following conditions : They shall be carried along Tredegar street to Arch,
along Arch to Tenth, and along Tenth to the south side of
the basin in the rear of Gallego Mills, and thence along Twelfth
or Thirteenth streets, into Gary street to the dock or river ;
and the said Tredegar Company shall be at the expense of
repairing such extraordinary damages done to those streets,
as the committee on streets shall be convinced exceed that
which would have been done by ordinary vehicles hauling a

68

ORDINANCES.

like amount of tonnage. Portable engines, exceeding ten
thousand pounds, shall be moved on four wheels, with tires
not less than six inches wide. Locomotive and stationary engines and heavy ordinance, exceeding five tons, shall be moved
on four wheels, having tires not less than six inches wide.
Any piece of machinery or other indivisible article, shall be
transported upon wheels having tires corresponding in breadth
to the weight of the.piece of machinery or article, in the'ratio
specified for cars, engines or ordinance. The owner of any
cart, dray truck or wagon, and the manufacturer or transporter of any cars, engines, machinery or other article, who
shall fail to comply with the restrictions imposed by this
chapter, shall, for every such offence, be fined not less than
ten nor more than twenty dollars. That portion of this ordinance relating to the tires of carts, drays, trucks and wagons,
shall go into operation on and after the first day of January,
eighteen hundred and seventy two : Provided, however, that
all such vehicles constructed subsequent to its passage, and
all new wheels replacing those now in use, shall conform
thereto ; and that portion of this ordinance referring to the
loads for carts, drays, trucks and wagons, and to cars, engines, machinery or other indivisible article, shall take effect
from its passage. Nothing in this section shall apply to vehicles used by farmers or others living in the country, coming
into the city with produce or fuel. 5 '

Concerning

City

Cemeteries.

[Passed June 2 1 , 1870.]
6i

Be it ordained by the Council of the City of Richmond,
That sections 2, 13, and 1G of chapter X X I I I of the ordinances be, and the same are here amended so as to read as
follows :

ORDINANCES.

69

2. The committee shall annually, in the month of July,
appoint a keeper for Oakwood Cemetery, who shall take charge
of the same and keep it in order. The keeper shall act under
the directions of the committee ; and the committee shall
take care that he performs his duties ; and if he neglects the
same, the committee may remove him and appoint another in
his place, and shall report to the council the cause of the removal. If at any time the said office is vacant, the committee
may fill the vacancy, and the keeper so appointed shall hold
his office until the next July, unless sooner removed. The
said keeper shall receive, in fall compensation for his services,
a salary of five hundred dollars per, annum, and be, entitled
to live free of rent in the house on the premises: Provided,
however, that no payments on account of salary shall be
made to him until he shall have made all reports or returns
that may be required of him by this ordinance or by the
committee on cemeteries.
The Superintendent of the Almshouse, having been made
also Keeper of the Shockoe Hill Cemetery, shall, as such
keeper, be under the direction of the committee thereon, who
shall see that the said keeper performs his duties, and if he
neglects the same, the committee shall report him to the
Council. He shall perform all the duties imposed upon him
by this chapter, and shall keep an account of all moneys received by him for burials, and of all expended by him in the
hire of hands and other necessary expenses of the said cemetery, and shall make monthly reports thereof to the committee ; which monthly reports shall be consolidated quarterly
and returned to the auditor. And at the time of returning
the said consolidated quarterly report, he shall pay to the
Chamberlain such sum as shall have been received by him for
burials during the preceding quarter, after deducting the
amount paid by him for the hire of hands and other necessary expenses of the cemetery.

T
O

ORDINANCES.

13. No undertaker or other person shall move the dead
body of any person who has died in the city, and has not
been buried, to any place beyond the limits of the city or of
its sanitary jurisdiction, without procuring a permit from
the Board of Health, upon the aforesaid certificate from the
attending physician or coroner. Nor shall any master,
agent, or person haying charge of or attached to any steamboat, sailing, or other vessel, car, stage, or any other public
or private conveyance, convey, or allow to be conveyed, the
dead body of any person who has died in the city, to any
place beyond the limits of the city, or of its sanitary jurisdiction, without a permit as aforesaid.
16. In case any physician or coroner shall refuse or neglect to furnish such certificate as aforesaid, he shall forfeit
and pay the sum of five dollars for each offence ; and every
undertaker, sexton, or other person, removing the dead body
,of any person, or who, having charge of any vault, buryingground or cemetery, steamboat, vessel, car, stage, or any
other public or private conveyance, refuses or neglects to
perform any of the duties required by this ordinance, shall
forfeit and pay for every such offence the sum of twenty-five
dollars.

Concerning

"Sample

Merchants."

[Passed June 30, amended August i3 and November 2 1 , 1870.]

" Be it ordained by the Council of the City of Richmond,
That the ordinance passed August 1, 1870, entitled " a n
ordinance to amend and re-ordain an ordinance to -protect
licensed merchants and traders," be and the same is hereby
amended and re-ordained so as to read as follows :
" 1. No person shall sell or offer for sale by sample, card or
other representation within this city, any goods, wares, or

ORDINANCES.

71

any article whatsoever, without having first obtained a license
therefor.
" 2. Any person desiring to sell goods by sample, card or
other representation at a particular place of business, or by
applying from house to house with his samples, shall first
apply to the Mayor for a license to sell such goods. The
Mayor shall determine whether or not a license shall be
granted, and upon giving the party so applying an order on
the City Treasurer, and upon the payment of the sum of ten
dollars, in the mode prescribed, the Treasurer shall issue a
license to sell such goods as he shall have named in the
license issued and no other, by sample, card, or other representation for one month ; and upon the payment of fifty
dollars, he shall be allowed to sell for twelve months under
the same conditions ; said license to be renewed as often as
the same may be applied for, unless forbidden by the Mayor.
ISTo license so granted shall be transferable to, or used by any
person other than the one to whom and for whose use it was
issued. The penalty for failing to comply with this section,
shall be a fine of not less than fifty nor more than onp hundred dollars, one-half to go to the informer ; or, failing to
pay said fine, the offender shall be imprisoned in the city jail
not less than one nor more than eight weeks.
" 3. But this ordinance is not intended to prohibit any
regular licensed resident commission merchant from selling,
by sample, at any place in the city through his clerks, or
other employees, any goods which he may have actually and
bona fide on consignment or in store. And in case of a
prosecution under this ordinance, the onus shall be upon the
commission merchant to prove that such goods have been
actually and in good faith consigned to him, or are so situated
as to be subject to his demands."
\

72

ORDINANCES.

Concerning

Justices

of the

Peace.

[Passed July u , 1870.]

" Be it ordained by the Council of the City of Richmond,
That the Justices of the Peace of this city, shall be entitled
to receive the same fees and compensation for their services,
as are now allowed by law to the justices of the peace of the
several townships of the State, and shall also be allowed a
fee of fifty cents against the complainant for issuing every
warrant of arrest or other process for the commencement of
proceedings, for a violation of city ordinances-or. any oth&p
crim-inaL .prosecution, which fees the said justices shall be
entitled to demand before issuing any such warrant or
process."

Concerning

Contracts for Supplies

to the

City.

[Passed July 18, 1870.]

" Be it ordained by the Council of the City of Richmond,
" 1 . That it shall not be lawful for a member of the said
Council, or an oificer of the city government, to contract
for furnishing supplies of food, machinery, or any other
articles for the use of said city, or to be interested in any
such contract.
" 2. That any person who shall violate this ordinance, shall
be fined not less than one hundred dollars nor more than one
thousand dollars ; and, if a member of the Council, shall be
deemed guilty of malfeasance in office, and expelled by a
vote of two-thirds of the Council ; and, if an officer of the
city government, shall be liable to a like fine, and be deemed
guilty of misconduct in office and removed therefrom."

ORDINANCES.

Concerning

Employment

of Prisoners

' 73

in the

Jail.

[Passed July i 8 t h , 1870.]

"Be it ordained by the Council of the City of Richmond,
That chapter forty-four, "concerning the employment of
prisoners in the city jail," be amended and re-ordained so as
to read as follows:
" 1 . The Police Justice 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
twenty-sixth, eighteen hundred and fifty-six, and entitled
4
An Act for establishing a work-house in the city of Richmond,' to be employed on the public works 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 Police Justice may supersede 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 Board of Police Commissioners may appoint one
or more persons, not to exceed four, 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 persons so appointed, to enforce orderly behavior and obedience
of the prisoners to the overseer when out of the custody of
the jailor ; and for this purpose they may command any

10

n

<3ttDlfrANOE8.

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
Engineer of the City 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 charged with and duly performing the
police duty provided for in the second section of this ordinance shall, on the certificate of the Board of Police Commissioners that he is justly entitled thereto, be paid the same
compensation as a permanent policeman.5'

Concerning

City Ganger and

Inspector.

[As amended February 20, 1871.]

" Be it ordained by the Council of the City of Richmond,
That chapter forty-one of the ordinances be, and the same
hereby is amended to read as follows :
1. Biennially, at the regular meeting of the Council in
the month of May, or as soon thereafter as may be convenient,
the Council shall appoint a competent person, who shall be
called c Inspector and Gauger of Liquors. 5
" 2 . I t shall be the duty of the inspector and gauger so
appointed, to provide himself with the most approved instruments for ascertaining the capacity of a barrel, hogshead,
cask or other vessel, and the quality or proof of spiritous
liquors, and when called upon for that purpose shall attend

ORDINANCES.

75

with the same in any part of the city, and there gauge and
ascertain the contents of any barrel, hogshead, cask or vessel,
and examine the quality and proof thereof, and mark on such
barrel, hogshead, cask or other vessel, near the bung, the
capacity in gallons and fractions of gallons, and on the head,
with chalk, the capacity and ullage.
"-3. If any person shall alter, deface or change any of the
marks or characters, made by the inspector aforesaid, or
shall on any cask which has not been gauged and inspected,
put a mark similar to, or in imitation of the gauger 5 s mark,
thereby to deceive and defraud the purchaser of distilled
spirits, wines or other liquid merchandise so gauged and
inspected, he shall for each offence pay a fine of not less than
twenty dollars, together with cost of prosecution.
;

" 4 . Any person may sell, export or otherwise dispose of
any foreign or domestic liquors, in casks—rum, wine, molasses or other liquid merchandise, in said city, without having
the same gauged or inspected; but in cases of difference,
between buyer and seller, as to the quanity and quality,
either party may call in the inspector and gauger, and his
judgment shall bind the parties—the party in error paying
the gauger's fees.
" 5. The said gauger and inspector shall, for his services,
be entitled to demand and receive from the person or persons
employing him as aforesaid, compensation as follows : For
gauging and inspecting every barrel, hogshead, cask, or other
vessel, the sum of (15) fifteen cents.
" 6. No person engaged in vending or trading in, or manufacturing casks or liquors, individually, or as agent, clerk or
employee of a trader, vender or manufacturer of said articles
or either of them, shall be entitled to a license to act as
gauger.
u

7. The Inspector and gauger may appoint one or more

76

ORDINANCES.

deputies, who after being approved by the Council, and taking
an oath faithfully to discharge the duties of the office—may
perform any of the duties of his principal—but the principal
shall be accountable for the official conduct of such deputies.
" 8. The person so appointed c Inspector and Gauger of
Liquors, 5 shall before entering upon the duties of his office,
take and subscribe an oath or affirmation, faithfully and
impartially to execute the duties of his office.
a

9. The Common Council of the city of Richmond shall
have power, at any time hereafter, to appoint one other
Inspector of Liquors, if it shall, by said Council, be deemed
necessary, who shall be subject in all respects to the provisions of this chapter ; Provided, inspection or gauging
under this chapter, shall in no case be compulsory upon the
buyers or sellers of any liquors herein mentioned, unless the
same has been agreed to by mutual consent of the parties.
10. This ordinance shall take effect from and after the 1st
day of May, 1871."

Concerning

Public

Schools.

[Passed Febtuary 18, and August I , 1870.]

Section 4. Amended by adding these words: " A n d also
an estimate in writing of the expenses of the public schools
for the next financial year, stating the amounts required for
salaries, for incidental expenses, and for the alterations,
repairs and erection of schools-houses.'5
Section 1. Amended so as to provide that twelve, instead
of seven, members shall compose the Board of Education ;
and "Jive," in the the 7th line, changed to " ten," to correspond therewith.

77

ORDINANCES.

Providing

a Committee

on Retrenchment

and

Reform.

[Passed August I , 1870.]

" Be it ordained by the Council of the City of Richmond,
That there shall be selected annually at the first meeting of
the.Council, held in July, a Committee on Retrenchment and
Reform, consisting of five members of the Council, whose
duty it shall be to inquire into any branch of the city service, the duties of officers, and all other matters connected
with the same as expressed in the ordinances, and with the
expenditures of the money of the city; and that they report
as often as they think proper, making such recommendations
in the amendments of the ordinances, or in the duties pf
officers and employees, as they may deem necessary to secure
the faithful performance of duties required, or such changes
in their requirements as may be beneficial to the city and
conducive to the economical administration of the government
of the city."

Concerning

Animals.

[Passed August 1, 1870.]

•' Re it ordained, That section one, chapter forty-five, of
the city ordinances, be amended and re-ordained, so as to read
as follows:
" 1. No hog or pig shall be kept on any lot, or allowed to go
at large within the limits of the city ; Provided, That in the
wards Marshall, Jefferson, Monroe and Clay, upon special
application, the Council shall be at liberty to grant special
permission to the owners to keep such animals, upon such
terms as the Council may, by resolution, prescribe. Any
person violating the provisions of this section, shall pay a

78

ORDINANCES.

fine of not less than two nor more than
such hog or pig, kept or going at large
mission, shall be forfeited to the city.' 5

Concerning

the Improvement

WIUA

of James

. liars, and
ch per-

River,

[Passed August I , amended November 2 1 , 1870.]

" Be it ordained, That at the first monthly meeting of the
Council, which shall be held in the month of July of each
year, the Council shall proceed to elect five of its members,
and these members of the > Council, with fire citizens of
Richmond who are not members of the Council, who shall be
certified to the President of the Council by the President and
Secretary of the Chamber of Commerce of Richmond, as
having been elected by that body for the purpose, shall
be named and designated as the Committee on the Improvement of James River,
" 2. As soon as practicable after the formation of the committee, they shall elect a chairman from among their own
number.
" 3. A majority of the whole number shall be a quorum
for the transaction of any business relating to their duties.
" 4 . They shall have charge of all the property belonging
or appertaining to the improvement of the river ; they shall
elect an engineer, and assistants if necessary, and employ
all persons who may be necessary to the prosecution of the
work ; but no such appointments shall be valid unless
approved by the Council. All moneys appropriated and set
apart for the work, shall be under the charge and keeping of
the City Treasurer; and they shall be paid out on the warrants of the City Auditor, which shall be issued only on the

ORDINANCES.

79

drafts of ^.X.'> - 'iieer herein mentioned, attested by the
*
auditing''vrfil^rj^nd approved by the chairman of aforesaid
commit! /J
" 5 . They shall meet once a month, and as much oftener
as may be necessary.
" 6 . The committee shall make a written report of their
operations to the Council at the first regular meeting held in
each month, and with this report shall submit an estimate of
the amount of money which will be required for their use
during the succeeding month.
" 7 . In the event of an omission on the part of the Chamber
of Commerce, to nominate the persons named in the first section of this ordinance, the Council shall elect five citizens
who are not members of the Council, and they shall remain
in office until the next annual appointment.
" 8.1 In the event of a vacancy occurring in the committee,
the committee shall fill the vacancy with a member of the
Council, or a citizen not a member of the Council, as may be
necessary to preserve the number of each, stated in the first
section.
" 9 . All ordinances and resolutions, and portions of
such as are in conflict with this ordinance, are hereby
repealed. ? '

Concerning

Vagrants.

[Passed, August 8, 1870,]

. "Be it ordained by the Council of the City of Richmond,
That sections three and four of chapter X L I X of the City
Ordinances, be amended and re-ordained so as to read as
follows :
3. It shall be the duty of the police of the city, to arrest.
all persons having no ostensible means of support, who shall

80

ORDINANCES.

have come to the city within the preceding six months, and
all persons known as robbers, pickpockets, or professional
thieves, and to take them before the Police Justice; and if
the Police Justice shall be satisfied that they are such persons as are herein described, he shall, in the case of persons
other than robbers, pickpockets, or professional thieves, commit them to jail until they can be sent back to the place from
whence they came, if their former residence be ascertained,
and if not, then to some place out of the State ; and in the
case of robbers, pickpockets, or persons known as professional
thieves, the Police Justice shall, if he be satisfied that they
are such and have been in the city more than six months,
commit them to jail, in default of security for good behavior,
for a term not exceeding twelve months. And if it appear
that such persons have come to the city within the preceding
six months, the Police Justice may, in his discretion,fcommit
them to jail in default of surety for good behavior, for a term
not exceeding twelve months, or send them back to the place
from whence they came, if it can be ascertained, and if not,
then to some place out of the State.
4. If the Police Justice can ascertain by whose steamboat
or vessel, or by what railroad such persons were brought to
the city or near it, he shall have them put on the cars of such
railroad, or on such steamboat or vessel, and it shall be the
duty of such railroad company, or the captain or master of
such steamboat or vessel, to take back such persons at their
own expense, or the expense of the persons themselves ; and
if such persons cannot be put on such cars or vessel, they
shall be sent out of the State at the expense of the city."

81

ORDINANCES.

Concerning

Streets.

[Passed September 5, 1870.]

" Be it ordained, That section forty-three of chapter thirtyfour of the city ordinances, concerning streets, be an,d the
same is hereby amended and re-ordained so as to read as
follows :
43. No person shall water any of the streets within the
city by or with a watering cart (except under the direction and
supervision of the Committee on Streets Generally), nor
without having first obtained written permission from the said
committee. The perforations of the sprinklers of said watering carts shall be limited to one-twentieth of an inch in diameter ; and the streets shall not be passed over by said watering
carts oftener than three times each day, under a penalty of
not less than five nor more than fifty dollars for each and
every offence. No such permission shall be given for a longer
period than one year at any one time, and the person or persons obtaining it shall pay the regular license tax imposed on
carts, and such rates for the use of water as may be imposed
by direction of the Committee on Water. 35
[Passed November 7, 1870.]

" Be it ordained, That section thirty-three of chapter thirtyfour of the City Ordinances be amended and re-ordained so
as to read as follows :
33. No person or persons shall break or dig up, or assist
in breaking or digging up, any part of any street, or remove
any gravel, dirt or manure therefrom, without having first
obtained the written permission of the Committee on Streets
generally, or the Engineer of the city ; nor shall any city
officer, employee or contractor, or any other person, in laying
gas or water piping, or in repairing the same, or in con-,

11

82

ORDINANCES.

s true ting or repairing culverts, or in making connections
with city or private culverts, dig into or break up, or assist
in digging into or breaking up any street or public alley,
unless the earth removed by such digging or breaking up,
be returned and thoroughly rammed or consolidated, so as to
place the street or public alley in the same condition it was
before such digging or breaking up, within ten days after the
digging or breaking up of the same. Any person failing to
comply with this section shall be liable to a penalty of not
less than ten nor more than fifty dollars, one-half to the informer ; and in case of such failure by any officer or employee
of the city, such penalty to be deducted from the amount
next payable to him for services."

Concerning Injuries

to Port of

Richmond.

[Passed September 5, 1870.]

Amending the ordinance by addition of these words, " onehalf to be paid to the informer."

Concerning

Fines and

Penalties.

[Passed September ia, 1870.]

" Be it ordained by the Council of the City of Richmond,
That chapter fifty-nine of the City Ordinances be amended
and re-ordained so as to read as follows :
1. Fines and penalties for the violation of any ordinance of
the city, or any order of the Police Justice or other justice,
given in pursuance of any ordinance, shall be recoverable by
prosecution before the Police Justice in the Police Court;
and when recovered shall inure to the use of the city.
2. Minors shall be prosecuted for breaches of ordinances,

83

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 Police Justice or other justice, be imposed either on the minor or on his father or guardian ; and
if the offender be an indentured appentice, upon the master
or apprentice. For any violation of any ordinance by a
married woman the prosecution shall be against her husband,
and the fine imposed on him.
3.v When judgment shall be rendered for any fine under an
ordinance and the same be not immediately paid, the Police
Justice, or other justice rendering the same, shall issue executions 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 Police Justice or other justice issuing the same.
The officer who may levy such executions 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."

Concerning

the City

Debt.

[Passed September 12, 1870.]

Substitutes "Mayor" for " President of the Council" and
" Treasurer" for " Chamberlain" in the 1st and 8th sections.

84

ORDINANCES.

Concerning

School

Buildings.

[Passed September 19, 1870.]

" Be it ordained by the Council of the City of Richmond,
That the Finance Committee be and they are hereby authorized and directed to issue coupon bonds of this city to the
amount of one hundred thousand dollars, payable in thirtyfour years, bearing interest at eight per cent, per annum, payable semi-annually on the first clay of January and first day
of July, and free of city tax, for the purpose of erecting or
purchasing buildings for the public schools. The proceeds of
said bonds when sold shall be paid into the City Treasury to
the credit of the Board of Education, and shall not be used
for any other purpose than that above specified: provided,
that the Finance Committee shall be and are herby authorized to loan out from time to time, at interest on call, any
balances of said proceeds until needed by the Board of Education."

Concerning

Public Printing,

Binding

and

Advertising.

[Passed September 19, 1870.]

"Be it ordained by the Council of the City of Richmond,
That the Committee on Printing shall annually contract for
all the printing, binding and advertising required to be done
for the city or its officers. They shall see that all printing
is neatly executed upon paper of the quality prescribed by
the Committee, and shall examine and approve all bills for
printing, binding and advertising, subject to approval of
Council."

85

ORDINANCES.

Concerning

a Surgeon

of Police.

[Passed November 7, 1870.]

" 1. Be it ordained by the Council of the City of Richmond,
That there shall be appointed by the Board of Police Commissioners, with the approval of the Council, a Surgeon of
Police, who shall attend all policemen when sick or otherwise
physically unable to perform the duties of their position ;
and shall report, in writing, each day to the Chief of Police
such men as may be unfit for duty, and when able to resume
duty.
2. He shall carefully examine all men appointed to the
position of policemen, and shall pronounce them physically
able to perform all the duties thereof prior to their confirmation.
3. He shall receive, in full compensation for his services,
the sum of $80 per month, to be paid' out of a police fund
in the hands of the Chief of Police ; said fund to be raised by
levying a tax not exceeding $1 per month upon the members
of the police force ; and in the event of such tax being insufficient to pay the monthly salary of said Surgeon of Police,
the city shall not be bound, either in whole or in part, for the
payment of said salary."

Concerning

Council Messenger

and

Janitor.

[Passed 5th December, 1870.]

"Be it ordained by the Council of the City of Richmond,
That so much of chapter six, section one, of the City Ordinances, as relates to the Messenger of the Council, be and
the same is hereby repealed."

86

ORDINANCES.

"Be it ordained by the Council of the City of Richmond,
That chapter nine of the Ordinances of the City of Richmond,
be amended and re-ordained so as to read as follows :
1. There shall be elected annually, in the month of December, by the Council, a Janitor of the City Hall, who
shall hold his office for one year, and until his successor is
appointed.
2. He shall have charge of the City Hall building, and
the furniture and other property contained therein and the
grounds connected therewith, and be held responsible for the
safe keeping and proper protection of the same. He shall
have the care of keeping, cleansing, warming and lighting
such portions of the building as shall be required at any time
for the use of the Courts, Council, committees, officers, or
employees of the city.
3. He shall attend all meetings of the Council, and on the
Committees of the Council, when they hold their meetings in
the City Hall, and shall perform such services as the Council or the said committees may require of him. He shall
also act as the messenger of the City Clerk and shall deliver,
in person, all notices and summonses issued by the same to
members of the Council or the committees thereof, and perform such other duties as may be required of him by the
Clerk of the Council. He shall be in attendance at the City
Hall, from 8 A. M. till 6 P. M., each day.
4. The Janitor shall have the power and authority of a
policeman within the City Hall and the lot in which it stands,
and also the sidewalks adjoining thereto.
5. He shall not be required to wait upon any of the courts,
or any of the officers in the City Hall, other than as provided
for in this ordinance."

87

ORDINANCES.

Concerning

the Auditor

and

Treasurer.

[Passed December 5, 1870.]

" Be it ordained by the Council of the City of Richmond,
That chapter ten of the Ordinances of the City of Richmond,
" Concerning the Auditor and Chamberlain of the City," be
amended and re-ordained so as to read as follows :
1. The person elected to the office of Auditor shall, before
acting in his office, give bond with security, approved by the
Council; and 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.
2. The Auditor shall give bond in the sum of thirty thousand dollars, which bond shall be deposited with the City
Clerk.
3. The Auditor shall open and keep, in a neat and methodical manner, a complete set of books under the direction of
the City Council, wherein shall be stated, among other things,
the appropriations of the year for each distinct object and
branch of expenditure, and also the receipts in detail from
each and every source of revenue, so far as he can ascertain
the same. Said books, and all papers, vouchers, contracts,
bonds, receipts, and other things kept in said office, shall be
subject to the examination of the Mayor, the members of the
City Council, or any committee or committees thereof.
4. The said Auditor shall be charged with and exercise a
general supervision over all the officers of the city charged
in any manner with the receipt, collection or disbursement of
the city revenues, and the collection and return of such revenues into the city treasury. He shall have charge of all
deeds, mortgages, contracts, judgments, notes, bonds, debts,

88

ORDINANCES.

choses in action, belonging to the said city, except such as
are confided to the custody of the city Clerk, and such other
papers as may be committed to his care by the City Council,
by ordinance or otherwise.
5. The said Auditor shall examine all accounts, claims and
demands for or against the said city ; and no money shall be
drawn from the Treasury, or paid by the city to any person,
except as herein otherwise provided, unless that balance due
or payable be first settled and adjusted by the said Auditor ;
and for the purpose of ascertaining the true state of any
balance or balances so due, he shall have, and is hereby clothed
with full power and authority to administer an oath or oaths
to the claimant or claimants, or any other person or persons,
whom he may think proper to examine as to any fact, matter,
or thing concerning the correctness of any account, claim, or
demand presented; and the person so sworn shall, if he
swear falsely, be guilty of willful and corrupt perjury, and
be subject to punishment by imprisonment in the penitentiary
for not less than one nor more than five years.
6. All money found to be due and payable by the said
Auditor to any person, shall be drawn by said Auditor by
warrant on the Treasurer, stating the particular fund or appropriation to which the same is chargeable and the person
to whom payable; and no money shall be drawn from the
treasury except on the warrant of the Auditor, as aforesaid.
But the Auditor is forbidden to issue his warrant for the payment of any money in excess of the appropriation on account
of which said money is drawn, or unless the bill filed in his
office shall show for what articles furnished or services rendered the warrant is issued.
7. It shall be the duty of said Auditor, as nearly as may
be to charge all officers in the receipt of revenues or moneys
of the city, with the whole amount, from time to time, of

ORDINANCES.

89

such receipts ; he shall also require of all officers in receipt
of city moneys that they shall submit reports thereof, with
vouchers and receipts of payment therefor into the city treasury, weekly or monthly, or as often as he shall see fit to
require the same by any regulation which lie may adopt; and
if any such officer shall neglect to make an adjustment of his
accounts, when required as aforesaid, and to pay over such
moneys so received, it shall then be the duty of said Auditor
to issue notice in writing, directed to such officer and his
securities, requiring him or them, within ten days, to make
settlement of his said account with the Auditor, and to pay
over the balance of moneys found to be due and in his hands
belonging to the said city, according to the books of said
Auditor ; and in case of the refusal or neglect cf such officer
to adjust his said accounts or pay over said balance to the
Treasurer as required, it shall then be the duty of said Auditor to make report of the delinquency of such officer to the
Mayor, who shall at once suspend him from office, proceed
forthwith to institute the necessary proceedings for the removal of such officer from office and immediately on his
removal, institute suit in the name of said city against him
and his securities to recover the balance of moneys so found
to be due and in his hands belonging to said city.
8. The Auditor shall make out an annual statement, as
soon as possible after the end of each fiscal year, giving a full
and detailed statement of all the receipts and expenditures
during the said year. The said statement shall also detail
the liabilities and expenditures during the year, the liabilities
and resources of said city, the condition of all unexpended
appropriations and contracts unfulfilled, the balances of money
then remaining in the treasury, with all sums due and outstanding, the names of all persons who may have become
defaulters to the city, and the amounts in their hands unac-

12

90

ORDINANCES.

counted for, and all other things necessary to exhibit the true
financial condition of the city.
9. The Auditor shall annually submit to the City Council,
at their first stated meeting after the beginning of the fiscal
year, a report of the estimates necessary, as nearly as may
be, to defray the expenses of the city government during the
current fiscal year. He shall, in said 'report, class the different objects and branches of said city expenditure, giving,
as nearly as may be, the amount required for each ; and for
this purpose he is authorized to require of all city officers
and heads of departments their statements of the condition
and expense of their respective departments and offices, with
any proposed improvement, and the probable expense thereof,
of contracts already made and unfinished, and the amount of
unexpended appropriations of the preceding year. He shall
also in such report show the aggregate income of the preceding fiscal year, from all sources ; the amount of liabilities
outstanding upon which interest is to be paid, and of bonds
and city debts payable duing the year, when due and where
payable, so that the City Council may fully understand the
money exigencies and demands of the city for the current
year.
10. In addition to the other duties of the said Auditor, it
is hereby made his duty, on the last day of each and every
month, to make out a monthly statement, giving a full and
detailed account of all moneys received, from what sources
and on what account received, and of all moneys ordered to
be paid or drawn for by warrant by him, and on what account
the same have been paid ; and shall deliver said statement to
the said City Council at their next meeting, to be filed after
the adjournment of said Council, by the City Clerk with the
papers belonging to his office.
11. The person elected to the office of Treasurer shall be-

ORDINANCES;

91

fore acting in his office give bond, with security approved by
the Council, and 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.
12. The Treasurer shall give bond in the sum of one hundred thousand dollars, which bond shall be deposited with the
City Clerk.
13. The Treasurer shall receive all moneys belonging to the
city, and shall keep his office in some place designated by the
Council. He shall keep his books and accounts in such manner as the City Council may prescribe and such books and
accounts shall always be subject to the inspection of the
Mayor and any member of the City Council, or any committee or committees thereof.
14. No money shall be paid out by the Treasurer except
upon the warrant of the Auditor, issued as hereinbefore provided, and he shall keep a separate account of each fund or
appropriation, and the debits or credits belonging thereto,
corresponding as nearly as possible with those kept by the
Auditor.
15. All moneys to be paid into the treasury of the city,
except the bills for gas and water, and such other assessments as the City Council may so ordain, shall be paid by the
person liable to pay the same, or his agent, to the treasurer,
in the following manner: a warrant shall firs.t be obtained
from the Auditor, directing the Treasurer to receive the sum
to be paid, specifying on what account the payment is to be
made. Upon the payment of the money to the Treasurer,
he shall give a receipt for the same, which shall be,carried to
the Auditor, and his receipt therefor shall be the acquittance
of the party making the payment. Bills for gas and water,

92

ORDINANCES.

and such other assessments as the City Council may so ordain,
shall be paid directly to the Treasurer, who shall keep an
account thereof, and make daily reports of accurate copies of
such receipts to the Auditor.
16. The Treasurer shall, at the end of each and every
month, and oftener if required, render an account to the Auditor, showing the state of treasury at the date of such account, and the balance of moneys in the treasury. He shall
also, if required so to do by the Auditor, accompany such
account with a statement of all moneys received into the
treasury, and on what account, with a list of all warrants redeemed and paid by him during the month.
17. The Treasurer shall also report to the City Council,
at the end of each fiscal year, and oftener if required, a full
and detailed account of all receipts and expenditures during
the preceding fiscal year, arid the state of the treasury. He
shall also keep a register of all warrants, their date, amount,
number, the fund from which paid, and the person to whom
paid, specifying also the time of payment; and all such warrants shall be examined, at the time of making such annual
report to the City Council, by a committee thereof, who shall
examine and compare the same with the books of the Auditor, and report discrepancies if any, to the City Council.
18. All moneys received on any special assessment shall
be held by the Treasurer as a special fund, to be applied to
the payment for which the assessment was made; and said
money shall be used for no other purpose whatsoever.
19. The Treasurer may be required to keep all moneys in
his hands, belonging to the city, in such place or places of
deposit as the City Council may by ordinance provide, order,
establish, or direct. Such moneys shall be kept distinct and
separate .from his own moneys ; and he is hereby expressly
prohibited from using, either directly or indirectly, the cor-

93

ORDINANCES.

poration money or warrants in his custody and keeping, for
his own use and benefit, or that of any person or persons
whomsoever ; and any violation of this provision shall subject him to immediate removal from office. In case of his
removal, the City Council shall elect a qualified person to fill
said office until the next regular charter election.
20. The Council shall, as soon as practicable after the Auditor and Treasurer have qualified respectively, elect one
clerk for each officer ; but such clerks shall not enter upon the
discharge of their duties until they shall have taken an oath
before the City Clerk for the faithful performance of the
duties required, and shall have given bond in the sum of five
thousand dollars each, with sureties approved by the Council.
The clerks so appointed may be removed at any time by the
City Council."

Concerning
[Passed

Salaries

of

Officers.

December 19, 1870.]

"Be it ordained, That section one of chapter six of the
City Ordinances be, and the same is hereby amended and reordained, so as to read as follows :
1. The several officers of the city hereinafter mentioned,
shall receive annually the following sums, that is to say :
The Mayor of the city, twenty-five hundred dollars.
The Recorder and Aldermen eight hundred dollars—to be
divided among them in proportion to the number of days that
the clerk of the court shall certify that they have attended on
said court*
The Treasurer, two thousand dollars.
The clerk in the Treasurer's office, twelve hundred and
fifty dollars.
The Auditor, eighteen hundred dollars.

94

ORDINANCES

The clerk in the Auditor's office, twelve hundred and fifty
dollars.
The Engineer of the city, two thousand dollars.
The Superintendent of the Gras Works, eighteen hundred
dollars.
The Inspector of Gas Works, fifteen hundred dollars.
The Superintendent of Water Works, eighteen hundred
dollars.
The Assistant Superintendent of Water Works, twelve hundred and fifty dollars.
The Superintendent of the Pump House, one thousand
dollars.
The Assistant Superintendent of the Pump House, eight
hundred dollars.
The Clerk of the First Market, one thousand dollars. And
for sweeping, white-washing, &c, of building and grounds,
seven hundred and fifty dollars.
*
The Clerk of the Second Market, one thousand dollars.
The Chief Engineer of the Fire Brigade, one thousand
dollars.
The commanders of the fire companies, each two hundred
and fifty dollars.
The engineers of the steam fire engines, each nine hundred
dollars.
The foremen of fire companies, each one hundred and
eighty-seven dollars and fifty cents.
The firemen of the steam fire engines, each six hundred
dollars.
The hostlers of the steam fire engines, each six hundred
dollars.
The other firemen, each one hundred and twenty-five
dollars.

95

ORDINANCES.

The Superintendent of the Almshouse, Hospital, and
Shockoe Hill Burying Ground, one thousand dollars. And
he shall have, in addition thereto, the use of the house provided for the Superintendent, and his fuel, gas and water free
of cost; and he shall have the privilege of taking supplies
for his family from the provisions purchased for the Almshouse at the prices given for them.

Concerning

Nuisances

not in

Streets.

[Passed December 19, 1870.]

Amends section seven, in third line, so as to read : " A n y
lime-kiln, or brick-kiln, he shall pay a fine," &c.

The Proposed Amendments to the City
Charter.

We have already referred in general
terms to the provisions of the proposed
amendments to our city charter, but
knowing how much concern is felt about
the reorganization of our municipal legislature, we publish in full below the
sections particularly referring to that
important subject. These sections are
intended to be inserted in places of those
now contained in our charter, and numbered sections 2,12, and 14:
4
'§2. The administration and government of the said city shall be vested in
one principal officer, to be styled the
mayor; two boards, to be called respectively the Common Council and Board
of Aldermen of the city of Richmond ;
and in such other boards and officers as
are hereinafter provided for.
u
§ 12. In case of the absence or inability of the mayor, the president of the
Board of Aldermen shall possess., the
same powers and discharge the municipal duties of the mayor during such absence or inability.
"§ 14. The Council of the city of Richmond shall be formed of two distinct
branches: one of these shall be called
the Common Council, and shall consist
of four members from each ward, to be
elected every two years; the other shall
be called the Board of Aldermen, and
shall consist of two members from each
ward, to be elected every four years.
The members of the Board of Common
Council and of the Board of Aldermen
shall be residents of their respective
wards, and shall not be less than twenty-one years of age. They shall
be elected by
the electors
of
th^eir respective wards. Upon the
assembling of the members of the
Board
of Aldermen, so elected,
they shall be divided into two equal
classes* one of each class from each ward
to be numbered by lot. The term of
service of the members of the first class
shall expire with that of the members of
the Common Council elected at the first
election after the passage of this act, and
-the term of service of the members of
the second class shall expire with that
of the members of the Common Council
elected at the second election after the
passage of this act, and this alternation
shall continue, so that one-half of the
members of the board of aldermen, one
from each ward, may be chosen every j
two years."
It is also proposed to amend and reenact sections 15, 16, 17 and 18 of the
present charter, but the changes projected relate mostly to matters of detail, to
carry out the provisions of the sections
published in full above. Section 66 prescribes the duties of the city clerk—not
materially altering them as they now
exist. Section 67 limits the bonded debt
to 16 per cent, of the assessed value of
the real estate of the city ; prohibits the ;
city from endorsing the bonds, or subscribing to the stock of any company incorporated for works of internal improvement or other purposes, without first
being authorized to do so by three-fourths
of the legal voters of the city voting on
the question. Any officer who by the
provisions of the charter of Richmond, is
required to be elected or appointed by
the City Council, shall be elected or appointed by the two branches in joint
meeting, at which the president- of the
Board of Aldermen shall preside. All
ordinances, resolutions, & c , shall be
signed by the president of each branch
and presented to the Mayor. If he objects to any otie, he shall, within five
days, return it to that branch of the City
Council in which it originated, with his
objection in writing. If a majority of
the whole number of the members of
each branch shall be of opinion that the
ordinance, resolution, or act ought to be
passed it shall, notwithstanding the ob- I
jections of the Mayor, become a law,
and shall be signed "by him. The Board
of Aldermen may appoint a clerk andprescribe his duties.