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missioners, stating the amount and on what account it shall be due; and that the amount of expenses incurred by the Commissioners in each Ward, and the particular causes thereof may be known to the other Commissioners, it is hereby declared to be the duty of the Commissioners or those who act in each Ward, once in every three months, to render to the Commissioners of the other Wards, or file with the Chairman of the Commissioners, an account exhibiting the amount of monies expended by them in the preceding three months, the objects of such expenses, and any contracts or agreements entered into by them, whereby the Corporation may become chargeable for the payment of any money.
That the Commissioners of Streets may be enabled to cause the Streets, Lanes and Alleys to be kept in repair, the Common Council shall, for that purpose, from time to time, grant such sums of money as they shall think proper to be appropriated under the direction of the said Commissioners. The Commissioners of the Streets, at the regular Meeting of the Hall to be held in the month of March, or any other Meeting called for that purpose, in every year, shall render to the Hall an account, stating the most important improvements made by them to the Streets, Lanes and Alleys in the City, the sums expended about them, particularly the sum total expended by the said Commissioners, and the balance, if any, remaining unappropriated of the sums granted them by the Corporation. The right is hereby retained to the Common Hall, of acting and directing on any subject respecting the Streets: Provided, The same shall not annul or interfere in any contract or agreement entered into by the Commissioners, so as to charge them in their private capacities on account thereof. If the Commissioners of Streets should disagree and be equal. ly divided, upon any subject relative to their duties under this Ordinance, the same shall be referred to and decided by the next Hall, and the Commissioners shall thereafter act in conformity to the decision of the Hall relative to such difference. No number of the Commissioners of Streets shall be considered as a majority, unless there be present at least one Member from each Ward. And it shall be the duty of every occupier of a house, to cause the Gutters which have been or may be made, to be constantly kept open and free from obstructions, as far as the ground oceupied by him or her extends; and in case of failure so to do, he or she shall be liable to a fine of four dollars, for every twenty-four hours that obstructions shall be suffered to remain in those parts of the said Gutters, after notice thereof be given to such occupier by any Commissioner of Streets, or by any Magistrate, or by the High Constable, or by any of the Deputies of Police.
2. And be it further Ordained, That the several acts or offences immediately hereinafter enumerated, shall be considered as Nuisances in the Streets, and every person who shall be guilty of, or occasion any or either of them, shall be punished as follows: Whosoever shall convey or cause to be conveyed, dirt, rubbish, filth, or other offensive matter, from his or her own lot, or any other place, and deposit the same upon any Street, shall be liable to pay a fine not exceeding four dollars, and also a sum not exceeding one dollar, for every hour the same shall remain. Every person who shall suffer to be placed in a Street, Lane or Alley, before his or her door or lot, dirt, stones, rubbish, filth; noxious or offensive matter or obstructions, and shall suffer the same to remain unremoved, more than four hours, shall be liable to pay fifty cents for every hour the same shall so remain: Provided, however, That Vendue Masters and others selling at Public Auction, shall on the days of their public sale, be permitted to occupy with articles intended for sale, one half of the Foot-Way, and one third of the Street between the curb stones, next to their Auction rooms, and no more: and the said articles to be removed in one half hour after sunset of the days of public sales, under the penalty of six dollars and sixty-six cents for every hour during the continuance of such obstruction, to be recovered for the use of said Corporation, as other debts under twenty dollars are by Law authorised to be recovered. And provided also, That any Citizen may place his or her goods upon the Side Walks, as far out as the outer edge of the cellar huts or doors where they exist, and do not extend out from the house more than one half the Side Walk, and where they do thus extend further, then any Citizen may occupy with his or her goods one half such side walk, and in all cases where such huts or cellar doors do not exist, then any Citizen may occupy one half the Side Walk, and no more, with his or her goods; but this privilege is not to be construed to abridge the powers herein given to the Commissioners of Streets. Provided also, That it shall be lawful for the Commissioners of the Streets, or any of them, of the Ward wherein any person or persons shall be building or about to build any house, or make other improvements on any lot or lots, to permit such persons, so long as the said Commissioners shall think proper, to put in such part of the Street adjoining thereto, as will thereby occasion the least inconvenience to others, such materials as may be necessary about such buildings or other improvements, and which cannot conveniently be deposited on the ground of such person. Any person who shall ride on the Foot-Way of a Street, or drive any wagon, cart, dray, chair, charriot, or other carriage on the same, or lead or tie a horse thereon, shall be subject to a penalty not exceeding one dollar for every offence. Whosoever shall run a horse race, or cause the same to be run, or strain a horse within the limits of the City, shall, for every such offence, be liable to a penalty not exceeding forty shillings; and where the offender in any case mentioned in this Ordinance, shall be a slave, he or she shall receive, on his or her bare back, such number of stripes as a Magistrate may direct, not exceeding thirty-nine. And if any such offender shall be a free person, who cannot render immediate payment of the fine imposed on him or her or give security to pay the sum in twenty-four hours, he or she may at the discretion of a Magistrate, be committed to Jail for such space of time as he may direct, not exceeding six days, unless the fine shall be sooner paid, in which case the offender shall be immediately discharged. Any of the Nuisances herein enumerated, which may be erected, placed or occasioned in any Street, Lane or Alley, may be abated or removed by order of the Commissioners of Streets, or any one of them, in the Ward, where the same may be, or by any Magistrate or any Officer of Police and at the expense of the persons who shall occasion them; and should such person or persons refuse to pay the said expense, it shall be lawful for any Magistrate of the City or the Court of Hustings thereof, where a single Magistrate hath not jurisdiction, to award judgment, for the amount of such expense. Any person who shall place or occasion any Nuisance in a Street, Lane or Alley, for the removal whereof, and punishment of the offender, no provision is particularly made, shall for every such offence, be liable to a fine, not exceeding six dollars, and such Nuisance may be abated or removed, and the expense attending the abatement or removal, recovered as aforesaid.
3. And be it further Ordained by the authority aforesaid, That it shall be the duty of the Commissioners of Streets, on the twentyfourth day of December in every year, or so, soon thereafter as may be convenient, to hire a sufficient number of able-bodied young and healthy negro men to work on the Streets of this City for one year, and also from time to time to procure by purchase or hire, a sufficient number of horses, mules, carts and tools for the said hands to be employed in the same work; to contract for furnishing food, clothing and lodging for said negroes, provender, and stablage for the said horses and mules, with a shelter for the carts, gear and tools, taking
from the Contractor or Contractors, bond with approved security, payable to the Mayor, Aldermen and Commonalty of the City of Richmond and their successors in office, in such penalty and with such condition as the said Commissioners may prescribe, and the same to be lodged with the Chamberlain of the City for safe-keeping, and may be put in suit in case of the breach of the condition, by order of the Common Hall or Commissioners of Streets.
4. And be it further Ordained, That the Commissioners of Streets, be and they are hereby authorised and required, annually to appoint an Overseer of the hands employed in working on the Streets in this City, whose duty it shall be to superintend and carry into effect all repairs and improvements of the said Streets that may be ordered and directed by the said Commissioners of Streets, or the Commissioners of each Ward, or by the Common Hall, and to do and perform, if required by the said Commissioners of Streets, all or any of the duties authorized to be done by them in this Ordinance. The said Overseer, before he acts as such, shall give bond and good security, payable to the Mayor, Aldermen and Commonalty of the City of Richmond and their successors in office, to be approved by the Commissioners of Streets or by the Common Hall, in the penal sum of one thousand dollars, conditioned for the due and faithful performance of the duties of his Office, and which bond-shall be lodged with the Chamberlain for safe-keeping, and in case of any breach of the condition thereof, may be put in suit by order of the Common · Hall or Commissioners of Streets. The said Overseer shall be allowed and paid for his services, a salary at the rate of four hundred dollars per annum, but may be removed from Office at the pleasure of the Common Hall or of the Commissioners of Streets, in which event he shall be allowed and paid a proportionate part of his salary according to the time he shall have served, unless it shall appear, that in consequence of misconduct, he is not reasonably entitled to the same.
5. And be it further Ordained, by the authority aforesaid, That the Committee of Streets or other Agent of this Hall, who may be appointed to superintend streets, shall have power and authority to lay out Foot-Ways upon each and every Street in manner following, viz: Upon Streets the width whereof shall exceed one hundred feet, eighteen feet shall be laid out as a Foot-Way; and under one hundred feet, shall be twelve feet: upon Streets the width whereof shall be sixty and under sixty-five feet, twelve feet: upon Streets, the width
whereof shall be fifty and under sixty feet, ten feet: upon Streets the width whereof, shall be forty and under fifty feet, seven feet: upon Streets, the width whereof shall be thirty and under forty feet, five. feet.
6. And be it further Ordained, That no Street, the width whereof shall be less than thirty feet, shall be entitled to a Foot-Way: Provided, That nothing herein contained, shall affect the Foot-Ways which have been or may be laid out on E Street.
7. And be it further Ordained, That when in the prosecution of the graduation of the Streets of this City, any Street shall be cut down below the level of the adjoining lots, the Committee of Streets or any other Agent of this Hall, shall be and they are hereby authorised to cause the like improvement or cutting down of the Foot-Way: Provided, Such cutting down and improvement shall not interfere with any house or houses on such adjoining lot or lots, unless the proprietors shall consent thereto.
8. And be it further Ordained, That every person hereafter building or repairing on any Street, the width whereof shall exceed fifty feet, shall be permitted to make Cellar Doors to extend five feet in the Foot-Way and no more, and that no person shall have the privilege of making such erection, in any Street below the width of fifty feet.
9. And be it further Ordained, That all the fines, forfeitures and penalties provided by this Ordinance, shall in the usual mode, be recovered before, or inflicted by the Judgment of a single Magistrate, or the Court of Hustings of this City, as may be most proper, according to the nature of the case; the amount whereof, shall be applied and appropriated to the benefit of the City and in aid of the other funds thereof.
10. This Ordinance shall commence and be in force from and after the first day of January, one thousand cight hundred and twenty-eight.