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freeholders and inhabitants of the said City, always preserving an equal number of Common Councilmen and Aldermen in the several Wards: Provided, that the Mayor, Recorder, and Aldermen, shall, before they enter on the execution of their respective offices, take the oaths and affirmations required by law.
2. And be it further enacted, That in case, by any cause, the election of the twenty-four persons to serve as Mayor, Recorder, and Aldermen, and Common Councilmen, should not be holden on the day prescribed by this act, in that case the election shall take place as soon as possible after the impediment'is removed, and in case such cause should exist to prevent the said election, then the persons last acting as Mayor, Recorder, Aldermen, and Common Councilmen, shall continue to hold and exercise their respective offices, until another election' takes place, in the same manner that they would have done during the term for which they were elected.
3. And be it further enacted, That the division of this City into Wards made by the Committee, shall be reported to the Executive, and recorded in the Hustings Court of the said City. This division so made, shall remain in force for three years; at the expiration of which time, and triennially afterwards, Committees shall be appointed as aforesaid, to make such alterations as shall be deemed necessary.
4. And be it further enacted, That the Wards shall be numbered and named by the Committee.
5. And be it further enacted, that the election by Wards shall be condticted in the following manner: the Town Serjeant shall appoint places (one in each Ward) the most convenient for the electors duly qualified by law to assemble and give their votes viva voce, for Common Councilmen and Aldermen. The places thus annually appointed by. him shall be notified in one of the Gazettes of Richmond one month previous to the election, and if unavoidable causes should render a change of either of those places necesssary, it shall be the duty of the Town Serjeant to have such change announced on the day of election by a public cryer. The Town Serjeant shall hold the election in the Ward in which he resides, and shall appoint in writing, one month previous to the election, a Deputy in each of the other Wards to hold an election therein, who shall be invested for that purpose with the same powers, and restricted by the same disabilities as himself, under the obligation of an oath to be administered by a Magistrate. The Deputies shall return to the Town Serjeant the number of votes given to the respective candidates in their Wards, which, with the votes given in his own Ward, shall be published in some Richmond Gazette, and lodged with the Clerk of the Court of Hustings.
6. And be it further enacted, That in case of the death, resignation, inability to perform the duties, or absence of either or all of the Deputies, the Town Serjeant shall, on the day of election, appoint with similar formalities, a successor or successors to supply the vacancy or vacancies.
7. And be it further enacted, That the elections shall be held in all the Wards on the same day; but if for any cause the elections shall
not be held in either Ward on the day prescribed by law, the said Serjeant or Deputy shall proceed to hold the same as soon as such cause is removed.
8. And be it further enacted, That no elector shall be permitted to vote in any Ward, but that in which he resides, and if a question arises in what-Ward he has the right of voting, he shall be permitted to vote on taking an oath, which the officer conducting the election shall administer, or making a solemn affirmation in this form: I do swear (or do solemnly affirm) that I do in my conscience believe myself to be a resident of
Ward. No .: duly qualified by law to vote for Common Councilmen and Aldermen of the City of Richmond, according to an act, entituled "An act, To amend the Charter of the City of Richmond,” of which oath, or affirmation, a note shall be made in the poll book opposite to, and referring to the name of the person swearing or affirming. The making such oath or affirmation falsely, shall be perjury: Provided always, That the names of electors offering to be polled, but refusing to make such oath or affirmation, shall be entered on the poll books in separate lists with the names of the candidates for whom they voted, and shall be added to the poll, if upon scrutiny the votes be justified.
9. And be it further enacted, That the qualifications which entitle the freeholders and inhabitants to vote for, or be elected a Common Councilman, or Alderman of the City of Richmond, shall remain unaltered by this law, with only this exception, that the electors and candidates, at the time they respectively. give or receive a vote, must be bona fide residents of the Ward in which the vote is given or re-, ceived: Provided always, and be it further enacted, That the freeholders of lots in the said Town, who do not reside therein, shall be entitled to vote in the respective Wards in which their lots may be situated; but no such freeholder shall vote in more than one Ward.
10. And be it further enacted, That the qualifications of any person or persons eleoted as aforesaid, shall be adjudged of by the whole number of persons elected, or a majority of them; and if any person returned by the Serjeant or his Deputies shall be adjudged disqualified, notice thereof shall be given to the Officer of the Ward to which such person belonged, who shall forthwith hold another election in manner aforesaid.
11. And be it further enacted, That the Mayor, Recorder, and Aldermen shall have power to hold a Court of Hustings at the same times, * and under the same regulations as are now prescribed by law. The said Court to have the same powers and jurisdictions as heretofore, and the said Mayor, Recorder, and Aldermen to have the same rights and powers, and be subject to the same disabilities as at present exist by law, with this additional restriction, that the Mayor, Recorder, and Aldermen, so long as they continue in office, shall never set, or act as Members of the Common Council.
* The Court of Hustings for the City of Richmond, shall hereafter commence and be holden on the Friday next before the last Monday, in every month; and the Quarterly Sessions of the said Court shall hereafter be holden in the months of February, May, August, and November, in every year. January 12, 1827. Ch. 36. Sec. 1, Ses. Acts,
12. And be it further enacted, That all the acts heretofore directed by law to be done by the Mayor, Recorder, and Aldermen, in Common Hall assembled, shall in future be done by the Common Council, who shall possess all the rights and powers before this time exercised by the said Common Hall as heretofore constituted. They shall be said to be assembled in Common Hall, when nine Common Councilmen attend, which number at the least, shall be necessary to consti#tute a quorum, and no Bye-Law, Ordinance or Regulation shall be binding, unless the same shall have been passed by the voices of a majority of the Members of the Common Hall who are present.
13. The Members of the Common Council in Common Hall assembled, shall elect one of its Members to act as President, who shall preside at its Meetings, and continue in office, one year; and when from any cause he shall be absent, they may appoint a President pro tempore, who shall preside during the absence of the President. The President of the Common Council, shall sign all Ordinances and Regulations passed at any Meeting when he presides, or if he is not present, such-Ordinances and Regulations shall be signed by the President pro tempore. The President of the Common Council shall have power at any time, to call a Meeting of the Common Hall; and in case of his absence, sickness or disability, the Hall may be convened by the order in writing of any two of the Common Council, directed to the Serjeant.
14. And be it further declared and enacted, That the said Court of Hustings shall have Jurisdiction for the space of one mile on the North side of James River, without, and round the said City, and every part thereof, including so much of the said River, to low water mark on the shore of the County of Chesterfield, as shall be between two lines drawn due South from the Eastern and Western terminations of the one mile aforesaid, for matters arising within the same, according to the Laws of the Commonwealth.
15. And be it further enacted, That the different Laws heretofore passed relative to the City of Richmond, are no farther repealed by this act, than as they come within the purview hereof.
16. This act shall commence and be in force from and after the passing thereof.
CHAP. XX. An Act, duihorising the appointment of a Mathematical Sur. veyor of the City of Richmond, and for other purposes.
[January, 8, 1805, Ch. 86. Ses. Acts, p. 52. ] 1. BE it enacted by the General Assembly, That the Common Council of the City of Richmond, in Common Hall assembled, may, and they are hereby empowered, to nominate a Mathematical Surveyor of the said City, to prescribe his duties, and to establish and regulate his salary, or fees of office; which Surveyor shall be examined and commissioned in the manner directed by the law concerning County Surveyors.
2. All surveys or other acts which shall be made or done by the said Surveyor, by virtue of an order of any Court, shall be as valid and effectual as if the same were made or done by a Surveyor of a County.
3. And Whereas, it hath been represented to this present General Assembly, that a majority of the Directors named in and by an act of the General Assembly, passed at the May Session, one thousand seven hundred and eighty, are dead, in consequence of which no Board of Directors can now be formed to carry into effect all the provisions of the said recited act; and it being further represented, that the opening and extension of certain streets within the said City of Richmond, would be of public utility:
4. Be it therefore enacted, That it shall and may be lawful for the Common Council of the said City, from time to time, as they may deem it necessary, to extend the Cross Streets of the said City to James River; to connect that part of the Town lying on the east side of Shockoe Creek, with that on the west side thereof, by a continuation of the several streets already laid out, across the said Creek, till their junction with each other; to lay out and extend the way now used as a street from the northern boundary of the City of Richmond, to run by Tate's tan-yard, to the Market House, and from thence to be continued along the western side of Robert Mitchell's tenement, where he now lives, to the River; and also to extend the street from the Shot Manufactory, to run near the margin of the river to Rockett's Landing, as the same is now used: Provided always, That none of the streets hereby authorised to be opened and extended, shall exceed one hundred feet in width.
5. And as the land through which some of the said streets may be opened as aforesaid, is, at this time, claimed, as well by sundry individuals, as the Corporate Body of the said City; before the said streets shall be laid off as aforesaid, the said Common Council, or some Member thereof in their behalf, shall apply to the Court of Henrico County, for a writ in the nature of a writ of ad quod damnum; which Court shall accordingly, and they are hereby required to direct their Clerk to issue such writ, to the Sheriff of the said County to be directed, commanding him to summon and impannel twelve fit, able and discreet freeholders of his County, residing without the limits of the said City, and having no freehold therein, and who are no ways related to any person claiming as a proprietor, such land, or any part thereof, to meet on or near the said land, on a certain day to be named by the said Court, and inserted in the said writ; of which, notice shall, by the said Sheriff, be published, at the expense of the said Corporate Body, in some newspaper printed in the City of Richmond, at least twenty days previous to the time appointed for the execution of the said writ; which freeholders, taking nothing of meat or drink from any person whomsoever, from the time they shall come to the said plate, until their inquest is sealed, shall be charged by the said Sheriff, impartially, and to the best of their skill and judgment, to view the lands through which the said streets are proposed to be opened, and say, all circumstances considered, to what damage it will be to
the proprietor or proprietors thereof, if such streets be opened through the same; and if the said inquest cannot be completed in one day, the Sheriff shall adjourn the said Jurors from day to day, until the same shall be completed; which inquest, sealed by the Jurors, together with the writ, shall be returned to the said Court, and entered among the Records thereof. And if it shall be finally determined, that the right to the land, or any part thereof, through which the said streets are proposed to be opened, is not in the Corporate Body of the said City, the damages to be assessed as aforesaid, together with legal interest thereon from the time of assessing the same, shall be paid by the said Corporate Body, to the person or persons who may be found to be the proprietor or proprietors of such land, his, her, or their legal representatives, and upon such payment being made, the streets so to be laid off as aforesaid, shall be taken and considered as streets of the said City; but on failure to make such payment, it shall be lawful for the proprietor or proprietors of the land so to be taken for streets, to enter into and possess the same, as of his, her or their proper
estate. 6. And be it further enacted, That the proceedings of the directors, who were appointed' under the Act of Assembly of May, one thousand seven hundred and eighty, entitled, “An Act for locating the Public Squares, to enlarge the Town of Richmond, and for other purposes,” be recorded in the Court of Hustings of the City of Rich mond.
7. This act shall be in force from the passing thereof.
CHAP. XXI. An Act, to ascertain and establish the Limits of the City of
[January 30, 1805, Ch. 96, Ses. Acts, p. 57.] BE it enacted by the General Assembly, That five Commissioners shall be appointed by the Executive of this Commonwealth, who shall have power to ascertain and establish a just and reasonable. Boundary to the City of Richmond; which Boundary they shall report to the Common Council of the City, and all ground included within the Boundaries described by the said Commissioners, shall, in five years from the passing of this act, be deemed a part of the City of Richmond. Provided however, That where any lots so included shall have paid City Taxes, the lots so situated, shall be deemed, from the passing of this act, a part of the City; and in all other cases where the proprietor of lots in like manner included, shall notify to the Common Council, in writing, his willingness to pay City Taxes on any lot or lots, the said lots shall immediately after such notification, be deemed a part of the City of Richmond.