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An Ordinance, reducing into one, the several Ordinances
establishing a Regular Police in the City of Richmond, and prescribing the duties of the Mayor of the said City; and for regulating the appointment and prescribing the Duties of the Night Watch thereof, and for other purposes.
[Passed May 10, 1830.]
1. BE it Ordained by the President and Common Council of the City of Richmond in Common Hall assembled, and it is hereby ordained by authority of the same, That the Mayor of the said City, in addition to the Judicial functions, which belong to him as a member of the Court of Hustings, shall on each day, Sundays excepted, between such hours as he may designate, hold a Court in the office appropriated for his use, or in such other convenient place as the Hall shall from time to time appoint; (which Court shall be called the “Mayor's Court," and shall hold jurisdiction in all cases in which, the Mayor of the City, can do so according to law and the Ordinances of the City;) and shall exercise a general superintendance and control over the Police of the City.
2. And be it further Ordained, That to enable the Mayor to exercise his duties connected with the Police of the said City, he shall appoint Deputies of Police, who shall hold their offices subject to removal at his discretion, and shall conform to his directions, in discharging their duties under the law of the land and Ordinances of the City.
3. And be it further Ordained, That the said Mayor shall exercise a superintendance and control over the Night Watch, and that the officers and privates of the same, shall conform to his directions in discharging their duties.
4. And be it further Ordained, That the said Mayor shall receive as a compensation for his services, one thousand eight hundred dollars per annum, to be paid quarterly by the Chamberlain, out of the funds of the City; and that he be authorised to draw on the Chamberlain for a sum not exceeding fifteen hundred dollars, to be paid quarterly to the Deputies of Police.
5. And be it further Ordained, That the Recorder and Aldermen shall receive as a compensation for their services, eight hundred dollars per annum, to be divided amongst them, and paid quarterly by the Chamberlain out of the funds of the City, in proportion to the number of days which they shall attend in the Courts holden in the City, to be ascertained by the certificate of the Clerk of the Court.
6. And be it further Ordained, That there shall annually, at the stated meeting of the Hall in the month of April, or as soon thereafter as possible, be appointed by the Common Hall, one fit and proper person to act as Basin Master, who shall hold the appointment for the period of twelve months, and until a new appointment shall be made. It shall be the duty of the Basin Master for the time being, (after taking an oath before the Court of Hustings, faithfully to execute the duties of his office) to preserve the peace and quiet of that part of the City known by the name of the Basin; and also, to preserve good order at and about so much of the James River Canal as is within the limits of the City, by arresting and taking before a Magistrate, all such persons as may be riotous or disorderly; to prevent all carcases of animals and other filth from being thrown into the Basin or Canal, which might annoy or endanger the health of the inhabitants residing near the same, and to abate or remove every kind of nuisance which shall be found in or about the Basin or Canal: and every free person refusing to obey the directions of the Basin Master, shall be liable to a penalty of five dollars, to be recovered by Warrant before any Magistrate of this City; but if the offender be a slave, he or she shall receive such number of lashes on his or her bare back, not exceeding twenty, as the Magistrate may direct.
7. And be it further Ordained, That if any owner of a boat, shall permit the same to float at large in the Basin or Canal, whether it shall be filled with water or not, he or she shall be subject to a fine of two dollars for every twelve hours .the boat shall be permitted to float at large; to be recovered as aforesaid, before any Magistrate of the City.
8. And be it further Ordained, That any person or persons who shall let loose, or set afloat any boat in the Basin or Canal which shall have been made fast, shall forfeit and pay the sum of six dollars and sixty-six cents, if free, and if a slave, shall receive twenty lashes upon conviction before any Magistrate of this City.
9. And be it further Ordained, That it shall be the duty of the Basin Master at the end of twenty-four hours after such boat shall have been afloat, if the boat shall not be claimed within that time, and the fine paid, to take such boat into his safe keeping, and after advertising the same for ten days at the Toll House of the James River Company, he shall proceed to sell the same at Public Auction; the proceeds of which sale, shall be applied first, to the payment of the said fine, and the expenses of safe keeping and sale; and the surplus if any, to be paid into the hands of the Chamberlain of the City, and shall be applied to the use of the Corporation, unless the same be claimed by the proprietor within six months from such sale. The Basin Master shall, in consideration of duties herein required to be performed by him, receive a salary of one hundred dollars per annum, to be paid quarter-yearly by the Chamberlain out of the funds of the City
10. And be it further Ordained, That it shall be the duty of every person or persons employed in and about the repairing of any roof, parapet wall, or chimney of any house or houses, situated on a Street, Lane, or Alley within the City, to place such sufficient barrier or barriers as effectually to warn foot passengers against passing under the roof, wall, or chimney, so undergoing repairs; and any workman or workmen neglecting the provisions of this Ordinance, shall, upon conviction thereof before any Magistrate of this City, forfeit and pay the sum of six dollars, if free, and if a slave, shall, upon conviction thereof in like manner, receive twenty lashes.
11. And be it further Ordained, That if any person or persorts shall intentionally roll any hogshead or hogsheads, down the Basin bank and into or through any Street, Square, Lane or Alley in the City, he or they shall, upon conviction before any Magistrate of the said City, forfeit and pay the sum of six dollars and sixty-six cents, if free, and if a slave, shall receive twenty-five lashes. And it shall moreover be the duty of the Basin Master, or any Deputy of Police, upon summons issued by any Magistrate of the City, if the person or persons so offending be free, and if otherwise, upon Warrant issued in like manner, to arrest any person or persons so offending, and to take them before a Magistrate that they may be proceeded against according to the provisions of this Ordinance...
12. And be it further Ordained, That no person shall raise or fly any Kite, or play at Ball, Bandy, Quoits, or throw stones, or other missiles; or discharge Arrows, from any Bow or Cross-Bow, in any Lane, Street, Alley or Highway within the City, nor throw stones or other missiles, nor run foot races, nor play at any sport or play whatsoever, in and upon the Public Square of the same, or on the Yard of the City Hall, under the penalty of three dollars for each offence; and, if the offender be an infant, the penalty shall be paid by his or her parent, master or guardian; and, if the offender be a slave, he shall be punished by stripes, not exceeding fifteen for the first offence, and twenty for the second.
13. And be it further Ordained, That it shall not be lawful. for any person or persons to fire or discharge any Gun, Pistol, FowlingPiece or Fire-Arms, or to make any other unusual noise within the limits of this City, whereby the inhabitants thereof may be alarmed, except in cases of necessity or in the performance of some public and lawful act of duty, nor to discharge or set-off any Rocket, Cracker, Torpedo, Squib or Balloon, containing any substance in a state of combustion, or other Fire-works within the said City, without permission first had and obtained in writing, from the Mayor of the City, under the penalty of six dollars and sixty-six cents for each offence, if free; and if the offender be an infant, the penalty shall be paid by his, or her parent, master or guardian, and if a slave, upon conviction before any Magistrate of this City, shall receive twenty lashes. Provided always, That nothing in this section shall be construed to extend to any Military exercises or reviews.
14. And be it further Ordained, That no person shall sell or expose for sale in this City, any Crackers, Squibs or Torpedoes, or other Fire-works of what nature or description soever, except in packages containing each, at least one thousand, under the penalty of five dollars for each offence.
15. And be it further Ordained, That whosoever shall burn, within the distance of two hundred feet of any Dwelling House, without the permission of the owner or tenant thereof, any Lime Kiln, or any other Kiln in the City, shall forfeit and pay six dollars, for every hour the same shall be burning; to be recovered with costs, by Warrant: Provided however, That nothing herein contained shall be construed, to prevent any person or persons, from burning Bricks in
any Kiln or Kilns now erected in this City.
16. And be it further Ordained, That upon complaint being made to any City Magistrate, that any person or persons, have in their house, cellar, or lot, any putrid water, offensive provisions, or other substances, it shall be lawful for the said Magistrate to issue his Warrant to any three free-holders, authorising them to inspect the house, cellar, or lot, of such person or persons, and if on inspection, it shall be the opinion of a majority of the said free-holders, that the complaint is well founded, and the person or persons, shall fail to remove the nuisance complained of, within twenty-four hours, or shall refuse to permit the said free-holders to make such inspection, he or she shall forfeit and pay six dollars and sixty-six cents for each twentyfour hours the same shall remain, or the refusal, continue to be made,
17. And whereas from the increased population of the City, nuisances have occurred and may occur by Necessary Houses being placed in such situations as to become extremely offensive to the Citizens: Be it therefore Ordained, That on complaint being made, by one or more inhabitants, of any lot or neighbourhood, before any Magistrate, of the existence of any such nuisance, he may issue a Warrant to any three free-holders of good character, authorising them to inspect the condition of such necessary house, and if on inspection, it shall be the opinion of a majority of the said free-holders, that the complaint is well founded, and the owner or tenant of the lot whereon the said necessary house shall be, shall fail to remove the nuisance complained of within twenty-four hours, or shall refuse to permit the said freeholders to make such inspection, he or she shall forfeit and
six dollars and sixty-six cents, for each twenty-four hours the same shall remain, or the refusal, continue to be made.
18. No person being a slave, and living within the City, shall hereafter, be permitted to sell, or expose for sale, within the same, any Oysters, Cakes, Pies, Fruits, or other eatables, or provisions whatever; and every slave offending herein, in case his or her owner, doth not reside within the City, shall receive such a number of stripes, on his or her bare back, as a Magistrate shall direct, not exceeding ten, for every offence, unless he or she or some other person for him or her, shall pay down a fine of two dollars for the said offence; and in case the owner of the slave so offending, shall reside within the City, and have knowledge of the offence, he or she, shall pay a fine of three dollars for every such offence, to be recovered as in other cases of fines; and, in that case, the slave shall be exempt from the punishment hefore provided.