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CHAP. XXVII.

An Act, concerning the Common Hall of the City of Richmond.

[February 1, 1813, Ch. 65, Ses. Acts, p. 93.]

1. BE it enacted by the General Assembly, That the Common Hall of the City of Richmond be and is hereby empowered to lease, sell, or use, a certain piece or parcel of land, lying in the said City, which was ceded by William Byrd, in the year 1742, as a Common, for the use of the inhabitants of the Town of Richmond, forever, in such manner, as the said Common Hall may think most to the advantage of the said City; and the proceeds or profits arising therefrom shall he applied by the said Common Hall as the other funds of the said City. Provided, however, That nothing in this act shall be so construed, as to affect, in any manner, the property lying in said City, touching which a suit is how depending in the Richmond Chancery Court, between Richard Adams, the heirs of the late William Byrd, and the Corporation of the said City of Richmond, or to affect the private rights of any person or persons whatsoever.

2. This act shall commence and be in force from the passing thereof.

CHAP. XXVIII.

An Act; concerning the Public Property in the City of Rich mond.

[February 28, 1816, Ch. 14, Ses. Acts, p. 28.]

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7. And be it further enacted, That, for the proper regulation of the Police of the Public Square, after the same shall have been enclosed, the Corporation of the City of Richmond shall be, and they are hereby empowered to enact and to enforce such Ordinances in relation thereto, as they may deem proper, subject however to be approved, altered, suspended and repealed by the Executive at their discretion. They may also, subject in like manner to the control of the Executive, grant, or refuse licenses for the sale of refreshments therein, between such hours in the day as they may prescribe, and charge for such licenses such price as may seem to them reasonable; the proceeds of such licenses to be applied to the maintenance of a Keeper or Superintendent of the Public Square, who shall be appointed by the said Corporation; be paid thereby for his services, and be charged with the preservation of the turf, walks, and trees of the said Square: Provided, That nothing herein contained shall be deemed to impair the full and perfect title of the Commonwealth in and to the said Square; or the right of the Commonwealth to sell, or otherwise dispose of the same at any future period.

8. This act shall commence and be in force from the passage thereof.

CHAP. XXIX.

An Act, authorizing the Common Hall of the City of Richmond to change the width and bearings of the Street therein mentioned.

[February 19, 1816. Ch. 93. Ses. Acts, p. 213.]

1. BE it enacted by the General Assembly, That the Common Hall of the City of Richmond is hereby authorized and empowered to make such changes in the width and bearings of so much of eleventh street, as is situated between the streets designated by the letters D and E, as to them may seem proper: Provided however, That nothing herein contained shall be construed to authorize the said Common Hall to levy any tax on the inhabitants of the said City, in consequence of such changes.

2. This act shall be in force from the passing thereof.

CHAP. XXX.

An Act, authorizing the Common Hall of the City of Rickmond to make certain changes in the Streets of the said City.

[February 3, 1817. Ch. 107. Ses. Acts, p. 168.]

WHEREAS it is represented to the General Assembly, that the changes herein authorized to be made in certain streets in the City of Richmond, will be advantageous to the said City, and that the consent of the persons whose property may be affected thereby has been obtained;

1. BE it therefore enacted by the General Aesembly, That the Common Hall of the City of Richmond be and the same is hereby authorized and empowered, to extend a certain street in the said City, called D street, from its present termination at 25th street, to Rocketts street; also to discontinue or put down Pine street, and to make such changes in Oak street, as to the said Common Hall may seem proper or necessary: Provided however, That, in the execution of this act, it shall not be lawful for the Common Hall of the said City of Richmond to affect the estate or property of any person whatsoever, unless the consent of such person to the proposed alteration, according to the provisions of this act, shall have been first obtained, and entered of record in the Hustings Court of the City of Richmond.

2. This act shall be in force from and after the passing thereof.

CHAP. XXXI.

An Act, reducing into one act the several acts concerning the election of Members of the General Assembly, and for other purposes.

[January 27, 1818.-January 1, 1819. Ch. 51. 1 R. C. p. 155.]

13. The Mayor of the City shall conduct the election of Delegate, Senator, and Member of the House of Representatives, of the United States.

15. And if the Mayor, shall, by death or any other cause whatever, be unable to attend and conduct the election according to the provisions of this act, then the Recorder, or if there be no Recorder, or he be unable to attend, the Senior Alderman capable of attending shall attend and conduct such election according to Law.

17. The said Magistrates, Recorder or Alderman, in case of refusal, shall be subject to all the penalties to which Sheriffs are liable, and shall be entitled to the same compensation.

40. The Sheriffs and other, Officers conducting an election for a Senator to the General Assembly, [or Member of the House of Representatives of the United States, (Act, February 6, 1813. Ch. 50. 1 R, C. p. 150,)] shall be allowed one dollar and sixty-seven cents per day, for each day on which they shall necessarily attend to compare the different polls; and four cents per mile for travelling to and from the place appointed for that purpose, besides ferriages; to be paid out o the Treasury, on warrant from the Auditor of Public Accounts.

* See Ante Ch. XIV. p. 19.

*

CHAP. XXXII.

An Aet, concerning the Court of Hustings for the City of Richmond.

[February 2, 1818. Ch. 99. Ses. Acts, p. 166.]

WHEREAS it is represented to the General Assembly, that it may become necessary to hold the Hustings Court for the City of Richmond in some other place than the Court-House of the County of Henrico, wherein it is now authorised to be holden by Law;* and doubts exist whether any removal can be effected without the sanction of the Legislature:

1. BE it therefore enacted by the General Assembly, That the said Court of Hustings be and the same is hereby authorised, at any Session thereof after the passing of this act, by order entered of record, to direct public notice to be given in the said City, that the Sessions of the said Court will be in future held in the Court-House now

*See Ante Ch. IX. Sec. 3, p. 13, and the Order of the Hustings Court, July 15, 1782, and of the County Court of Henrico, August, 5, 1782.

building in the said City, or in such other place within the same, as the said Court may appoint and adjourn to, and to make a similar order whenever hereafter it shall in the judgment of the said Court be proper so to do. And that all proceedings of the said Court shall be as valid, and have the same effect, as they would or might have had if the said Court had sat in the house formerly made use of for holding the Sessions thereof.

2. This act shall be in force from the passing thereof,

CHAP. XXXIII.

An Act, extending the Jurisdiction of the Magistrates of the City of Richmond, and for other purposes.

[March 2, 1819, Ch. 118, Ses. Acts, p. 158.]

1. WHEREAS an application has been made to the General Assembly of Virginia, by the Common-Hall and Citizens of the City of Richmond, to enlarge the jurisdiction of the Magistrates of the said City, and to authorize the Common-Hall to make them compensation for their services:

2. Be it therefore enacted, That a Mayor shall be annually appointed for the said City in the mode now prescribed by law, except that he may be chosen from. the body of the Citizens of the said City, or from the Members of the Common-Hall, as the electors may think best: if elected from the Members of the Common-Hall, the vacancy occasioned by his appointment, shall be filled by the Hall, from the Ward in which the Mayor elected shall have resided.

3. If the person elected Mayor, shall refuse or omit from any cause to qualify to his appointment for the space of one month after his election, the Hall may proceed as soon thereafter as they may think fit to elect another in his place, and may proceed from time to time to a new election, whenever, for the cause aforesaid, it shall in their opinion be proper so to do.

4. The Mayor may be re-elected from year to year without limitation: He shall keep an Office in some convenient part of the City, and shall be the Keeper of the Seal of the Corporation; his jurisdiction shall extend to all breaches of the peace committed within the jurisdiction of the City, and to all infractions of the City Ordinances, and his judgments touching the same shall be final: Provided, however, That if the party prosecuted for a breach of the peace, before the said Mayor, shall pray an appeal from the judgment or sentence of the said Mayor, to the next Court to be held for the said City, having cognizance of such cases, the appeal shall be allowed and certified by the said Mayor to such Court, provided that the party praying such appeal do acknowledge, before the said Mayor, a recognizance in a reasonable penalty with sufficient security to appear at such Court on the first day thereof and there to remain until discharged by duo course of law, which recognizance shall be returned to such Court by

the Mayor, and filed with the said certificate of appeal. In all such cases of appeal, it shall be the duty of the said Mayor to take a recognizance from the witnesses, on the part of the prosecution, to appear at the Court to which such appeal shall be certified, on the first day thereof, and there to remain until discharged by the Court; which recognizance shall also be returned to the said Court, with the certificate of appeal. The said Mayor shall superintend and control the Officers of Police and the Night Watch, in the said City, pursuant to the Ordinances now in force, or which may be hereafter passed by the Common Hall.

5. In case of the death, resignation, inability or absence of the said Mayor from the said City, or his refusal or omission to qualify, the Recorder, or, in case of his death, resignation, inability, absence, refusal or omission to qualify as aforesaid, the Senior Alderman shall possess and exercise all the powers of the Mayor.

6. The Mayor, Recorder and Aldermen of the said City shall henceforth receive for their services a compensation, to be fixed by the Common-Hall, and to be paid out of the funds of the City.

7. The elections of Members of the Common-Hall in the respective Wards of the said City, shall in future be held on the second Wednesday in April in each year, instead of the time now prescribed by law. [See Ante p. 22, Note.]

8. All and every act or acts, parts or clauses of acts coming within the purview of this act shall be, and the same are hereby repealed. 9. This act shall commence and be in force from and after the passing thereof.

CHAP. XXXIV.

An Act, to amend an act, concerning the Constables for the City of Richmond.

[February 18, 1820, Ch. 112, Ses. Acts, p. 90.]

1. BE it enacted by the General Assembly, That all writs of Capias ad Satisfaciendum hereafter to be issued by the Clerk of the Hustings Court for the City of Richmond, upon judgments obtained before any Magistrate, may be directed to the Constable of the said City, who shall execute the same in like manner as the Serjeant of the said City is now required to execute such process; and that the Court of Hustings for the said City be authorised and required to take such additional security of the said Constable, as to the said Court

may seem necessary.

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2. This act shall commence and be in force from and after the passing thereof,

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