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2. And be it further enacted, That the Common Council shall be authorised to appoint a Surveyor, who shall extend the streets at present laid off, to the Boundary line, and shall form such new streets as may be necessary to divide the ground included within the Boundary lines, as far as it is practicable and convenient, into squares of four half acre lots. Provided however, That the streets shall not be run in such a manner as to include ground on which a house is now standing, without the.consent of the owner, who shall engage to remove it; nor shall they open any inclosure, until such opening shall be deemed necessary by the Common Council. The present dividing lines of Jefferson, Madison, and Monroe. Wards, shall be extended by the Surveyor in a direct course to the Boundary lines, and a plot of the survey shall be recorded in the Hustings Court.
3. This act shall commence and be in force from the passing thereof.
of Richmond, and for other purposes.
[January 8, 1807, Ch. 88, Ses. Acts, p. 35.] 1. BE it enacted by the General Assembly, That all the streets on the north side of the Main street in that part of the City of Richmond, which by virtue of two acts of Assembly, one passed in the year one thousand seven hundred and seventy-nine, and the other in the year one thousand seven hundred and eighty, were by certain persons in the said acts denominated Directors of the Public Buildings, added to the eastern part of the then Town of Richmond, shall be and are hereby established of the width of sixty-six feet, as the same, from stones placed at the corners of each square therein, appear to have been actually surveyed and marked.
2. And be it further enacted, That the Common Council of the said City, shall be and are hereby authorised to lay off in that part of the said addition which lies south of the said Main street, such streets and ways as to them shall seem necessary and proper, having respect to the Buildings which have been placed or erected in that part of the said City; any act or proceedings of the said Directors to the contrary notwithstanding.
3. This act shall be in force from the passing thereof.
CHAP. XXIII. An Act, encreasing the number of Magistrates within the Ci. ty of Richmond, and for other purposes therein mentioned.
[February 6, 1808. Ch. 94. Ses. Acts, p. 79.] 1. BE it enacted by the General Assembly, That from the passing of this act, the freeholders and inhabitants of the City of Richmond, duly qualified to vote for Common Councilmen, shall annually on the day and in the manner prescribed by Law, for electing them, elect nine persons for cach Ward in the said City, being residents within such Ward. • The persons thus elected, or a majority of them, shall in the manner also prescribed by Law, elect one person to act as Mayor, another as Recorder, and ten others as Aldermen, and the remaining fifteen of whom shall be a Common Council of the said City. The powers and duties of the Mayor, Recorder, Aldermen and Common Council of the said City, shall be and remain as the same were heretofore granted to and exercised by them, except in those cases, where they shall be particularly altered by this act.
2. The Court of Hustings of the said City, shall hereafter be authorised as well at their Monthly as Quarterly Terms, to try Presentments of the Grand Jury, and Informations and other Pleas on behalf of the Commonwealth, in like manner as the same may now be heard, tried and determined at their Quarterly Courts.
3. And be it further enacted, That the Master of Police, now or hereafter to be appointed, for the said City, may, and shall, during his continuance in office, have and exercise within the limits of the City, all power and authority, which is possessed or can be exercised by a Magistrate of the said City, with this exception only, that he shall not sit as a Magistrate in Court, or hear or determine any civil case out of Court. And if in any case, a Magistrate of the said City shall be appointed a Police Master, such appointment is hereby declared to vacate that of a Magistrate, and the vacancy thereby occasioned shall be supplied as in other cases.
4. The said Court of Hustings shall bé, and hereby is authorised, so soon as the term for which Constables have been appointed for the said City shall expire, to appoint one fit and proper person, to serve as Constable for the said City for the term of one year; and
every person so appointed, shall at the same time, or the next term of the said Court, take the oath required to be taken by a Constable, and enter into bond with sufficient security, to be approved by the Court, in the penalty of five thousand dollars, with such condition as is now prescribed by Law in such cases; and at the end of the term for which any Constable shall be appointed for the said City, or in case of the death, resignation or removal, of any Constable thereof, the said Court shall make a new appointment of a Constable, who shall take an oath, and enter into bond with security as aforesaid. Constables to be
appointed by virtue of this act, shall be entitled to the same fees, and have and exercise the same powers and duties, and be subject to the same pains and penalties, as are prescribed by Law as to other Constables; and shall be authorised, with the approbation of the Court to appoint a Deputy or Deputies, who may at any time be removed from office by the Court for good cause to them shewn.
5. And be it further enacted, That the Notaries Public within the said City, shall be and hereby are authorised to examine and take the affidavits or depositions of witnesses, in like manner as the same may be now taken by Magistrates of the City, and which shall be considered as valid and effectual, as if the same were taken or received by the said Magistrates; and if any person sworn by a Notary Public, shall give any evidence under such circumstances, as would have constituted the same to be purjury, if done before a Magistrate, the same shall be deemed perjury, to all intents and purposes. The said Notaries, for receiving or taking the affidavits or depositions of witnesses, shall be allowed and paid by the person, at whose instance, the services are rendered, seventy-five cents for each affidavit or deposition 80 taken, and in all cases where the affidavits or depositions so taken, shall be filed in causes in a Court of Record, the aforesaid fees shall be taxed in the bill of costs, and recovered by the party prevailing. Provided, That no charge shall be made or taxed, on the Notarial Seal, which shall be affixed to any of the said affidavits or depositions.
6. This act shall be in force, from the first Wednesday in April next.
CHAP. XXIV. An Act, to reduce the width of certain Streets on Shockoe Hill
in the City of Richmond. [February 3, 1809. Ch. 89. Ses. Acts, p. 83.] 1. BE it enacted by the General Assembly, That all the streets on Shockoe Hill in the City of Richmond, except the one known in the plan of the said City as H street, and that part of E street, which is Eastward of the street leading from the Capitol into said E street by Harris's brick building, shall henceforward be reduced to the width of sixty-six feet; any thing in the proceedings of the Directors of the Public Buildings, or any act of the General Assembly to the contrary notwithstanding; and the ground exceeding the width of sixty-six feet, heretofore considered as forming any part of the said streets, shall henceforward be annexed to the respective squares, so as to increase each square upon Shockoe Hill to two acres.
2. And be it further enacted, That the ground hereby taken from the streets and added to the squares, shall be vested in fee simple in the person who has the like estate in the ground which is at present bounded by such street, so as to bound his ground by the same streets after the width of such streets shall be reduced as before.
3. All acts and parts of acts, coming within the purview of this act, shall be and the same are hereby repealed. 4. This act shall commence and be in force from and after the
passt ing thereof.
An Act, providing for the Pavement of the Streets within
the City of Richmond. [February 7, 1811, Ch. 21, Ses. Acts, p. 27.] 1. BE it endcted by the General Assembly, That it shall and may be lawful for the Common Council of the City of Richmond, whenever they may deem it proper, or whenever a majority of the owners of lots on any particular street or square, or a part of a street or square, shall in writing under their hands, petition the said Common Council for that purpose, to cause any street or square or part of
any street or square within the said City to be properly paved: And the said Common Council shall have power and authority to lay taxes in order to raise funds sufficient to meet the expenses of the said pavement. Provided, That the owner or owners of any lot or lots upon such street or square sp to be paved shall not be compelled to pay more than two-thirds of the expense of paving such street or square, or part of such street or square.
2. And be it further enacted, That the said Common Council shall be, and they are hereby authorised and impowered to appoint and employ some discreet person of skill and experience in graduating and paving streets (whose salary shall be estimated and included in the general expense) whose duty it shall be, under the direction of the said Common Council, or of any person or persons appointed by them to graduate and level the streets and superintend the pavement thereof.
3. The said Common Council shall have power to appoint a Collector, who in collecting the said taxes, may proceed against the goods and chattels of the party so taxed in the same mode, that distress and sale for payment of public taxes is now made. The said Collector shall give bond and security to said Common Council for the faithful discharge of the duties of his Office, and may be proceeded against in like manner as is provided against the Collector of public taxes.
4. When the owner of any lot situated on any street or square thus paved, or begun to be paved, shall reside out of the limits of said City, and such lot may be in the occupancy of any other person, such person being so in possession shall be liable for the tax on said lot, and shall be allowed to deduct the same from the accruing rent.
5. In every case of non-residence, where the property subject to the tax so to be imposed, shall be vacant, and the proprietor thereof shall have no property within the Corporation subject to distress, and sufficient to raise the tax due, it shall be lawful for the said Collector in the name of the Corporation to recover the amount of the tax so due from such person or persons by motion in a summary way before any Court within this Commonwealth, ten days notice of such motion being given to the person or persons chargeable with the amount of such taxes.
6. And be it further enacted, That all power which may be necessary in the Common Council to carry this act fully into effect, shall be, and the same is hereby given to that body.
This act shall commence and be in force from the passing thereof.
CHAP. XXVI. An Act, concerning the Constable for the City of Richmond,
and for other purposes. [February 19, 1812, Ch. 91, Ses. Acts, p. 122.] WHEREAŞ doubts exist in regard to the operation of the fourth section of an act which passed on the sixth day of February, one thousand eight hundred and eight, entitled, “ An act, for increasing the number of Magistrates within the City of Richmond, and for other purposes therein mentioned;" which section relates to the powers and duties of Constables; and whereas, the City of Richmond being within the limits of the County of Henrico, the County Constables assume and exercise within the said City the powers and duties which were given to the Constables appointed by the County Courts by an act which passed on the tenth day of January, one thousand eight hundred and seven, entitled, “An act, to amend an act, concerning Constables;” for remedy and explanation whereof,
1. Be it enacted by the General Assembly, That in future it shall not be lawful for any Magistrate of the County of Henrico to issue a warrant for the recovery of any debt or damages by one citizen of the said City of Richmond against another citizen of the same City; but such debts or damages shall alone be cognizable before the Magistrates of the said City of Richmond. And it shall not be lawful for any Constable appointed by the Court of Henrico to execute any warrant in any such case, or to levy, within the said City, an execution issued upon a judgment obtained thereon.
2. And be it further enacted, That if any Constable appointed by the Court of Henrico shall presume to execute any warrant issued by a Magistrate of the City of Richmond, or to levy within the said City any execution issued upon a judgment rendered on such warrant, every Constable so offending shall incur the like pains and penalties, to be recovered in like manner, as are provided by an act passed on the tenth day of January, 1810, entitled, “ An act, to amend an act, concerning Constables," against Constables executing warrants or levying executions in the districts of other Constables.
3. All acts and parts of acts coming within the purview of this act shall be and the same are hereby repealed.
4. Provided always, That nothing in this act contained shall be construed to prevent the Constables of the County of Henrico from executing all warrants now in their hands respectively, nor from levying executions issued upon judgments obtained thereon.”
5. This act shall commence and be in force from the passage thereof.