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may be found of such delinquent, and the same to sell, at the City Hall, after giving ten days notice of the time of such sale, posted up at the front door of the said Hall, and from the proceeds of such sale, shall pay and satisfy the amount of the tax or levy due to the City, and the residue, if any, shall pay over to such delinquent, his executors or administrators; but the said Collector shall sell no other or greater interest in such property than the person charged with such tax hath therein. And in the collection of the taxes due apon Lots or parts of Lots, the property of the tenant on the same, shall be liable for the tax of the Lot on which the same may be found, in the same manner, and to the same extent, as if owned by the proprietor of such Lot or part of a Lot.

14. And be it further Ordained, That the Collector shall not be allowed to return any list of insolvents or absentees, or have any credit therefor, but upon oath, nor shall such return be admitted, unless certified by the Court of Hustings, within six months after the same is made payable by him to the Chamberlain, in the same manner as the lists of insolvents of. Sheriffs are certified to the Auditor of Public Accounts; subject, however, to such corrections as the Hall may make in the same.

15. All Ordinances, and parts of Ordinances coming within the purview of this Ordinance, shall be, and the same are hereby repealed.

16. This Ordinance shall commence and be in force from and after the passing thereof.

CHAP. XII. An Ordinance, for regulating the Appointment and Duties

sof the Surveyor of the City of Richmond..

[Passed February 20, 1828.]

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 the authority of the same, That so soon as shall be practicable after every annual election of the Common Council of the said City, the Common Hall shall elect by ballot, a fit and City. “I

proper person to act as Mathematical Surveyor for said City, who shall continue to perform the duties thereof until a new election shall take place: and shall, before entering on the duties of his Office, take the following oath or affirmation before the Court of Hustings of this

do solemnly swear, (or affirm as the case may be) that I will well, truly and impartially, to the best of my skill and judgment, execute the duties of Surveyor for the City of Richmond, so long as I continue in Office. So help me God.” In case a vacancy in said Office shall occur, by death, resignation, or by removal from Office, which removal may be effected by a vote of two-thirds of the Members present, a successor shall be appointed by the Common Hall, to continue in Office until the next annual election.

2. It shall be the daty of the said Surveyor, under the direction of the Commissioners of Streets of said City, to make such Surveys from time to time, as the said Commissioners may require: for which services, he shall be entitled to receive compensation at the rate of two dollars per hour for the first two hours he shall be so engaged, and one dollar for each hour that he shall afterwards be employed on the same day; which sum shall include a compensation for the services of his Chain Carriers and their Assistants.

3. If at any time hereafter, any person shall encroach on any Street, Lane or Alley, by building on, or inclosing any part of the same, and a Survey shall be required by the Commissioners of Streets to determine such matter in controversy, and it shall be found by Survey made, that an encroachment has been committed, the person so encroaching shall be liable to the Surveyor for his fees, as in the second section prescribed. And the said Surveyor shall, for all services rendered at the request of the owners of property, be authorised to charge the before mentioned fees and no more.

4. It shall not be lawful for any other Surveyor to make Surveys for compensation, within the limits of said City, without the consent of the Common Hall, or of a majority of the Commissioners of Streets of said City, previously obtained in writing. And any person so offending, shall for each and every such offence, forfeit and pay the sum of five dollars to be recovered by the City Surveyor to his own use, by Warrant before the Mayor, Recorder, or any Alderman of said City

5. All Ordinances, or parts of Ordinances, coming within the pur view of this Ordinance shall be, and the same are hereby repealed.

6. This Ordinance shall commence and be in force, from and after the passing thereof.

CHAP. XIII.

An Ordinance, concerning Theatres, and Public Shows and Exhibitions within the City of Richmond.

[Passed February 26, 1828.] WHEREAS experience has evinced the great danger, which results from the insecurity of buildings in which Theatrical and other Exhibitions are made in populous Cities; and it is the duty of a good Police, to guard as far as practicable against disasters arising from such à cause,

1. Be it therefore Ordained by the President and Common Council of the City of Richmond, in Common Hall assembled, and it is hereby Ordained by the authority of the same, That from and after the passage of this Ordinance, no person or persons shall within the limits of the City of Richmond, for his or her gain, act, exhibit, or perform any Play, Farce, Interlude, Show, Opera, or other Theatrical or Dramatical Performance or Entertainment, or shall make any other Public Exhibition, without a license for that purpose first obtained in writing, in the manner hereinafter provided.

2. And be it further Ordained, That any person or persons, wishing to obtain a license for any Exhibition provided for in the first section of this Ordinance, shall apply to the Mayor of the City, and shall inform him of the kind of Exhibition for which a license is wished, and shall designate the house or room in which it is intended such Exhibition shall be made. Whereupon, it shall be the duty of the Mayor, to issue a Warrant under his hand and seal, directed to three respectable and discreet freeholders of said City, authorising and requiring them, attended by any Officer of Police, whose duty it shall be to accompany them, to proceed to examine the room or house in which it is intended to make such Exhibition: And the said freeholders or a majority of them, shall state and report to the said Mayor in writing under their hands and seals, a description of said room or house in which it is intended to Exhibit as aforesaid, particularly stating whether it be of sufficient strength and stability for safety, and also whether it be of such materials and have such a number of doors and other openings, properly arranged and constructed, as in case of fire to afford facilities for escape. If upon the said report the Mayor shall think it safe and proper, that a license should be granted, he shall grant the same to the person or persons so applying, upon his or their paying to the Chamberlain the following rates, viz:

- Tragedians, ten dollars per week, or one hundred and fifty dollars for twelve months. For a Circus and Feats of Horsemanship, combined with Theatrical Exhibitions, ten dollars for each day's or night's performance. For a Circus or Feats of Horsemanship without Theatrical Exhibitions, ten dollars for each day's or night's performance. For Rope or Wire dancing, or Puppet Shows, thirty dollars for each week. For Musical parties for gain, five dollars for each day's or night's performance. For all other Public Exhibitions for gain, five dollars per week. Each and every person or persons intending to make such Exhibitions as aforesaid, shall first pay into the hands of the Chamberlain for the use of the City, the amount of the license tax as aforesaid: Provided however, That the Mayor may in his discretion, grant any such license or permission free of tax, for any religious or charitable purpose.

3. And be it further Ordained, That upon the Mayor's being satisfied of the strength and security of the said house or room as aforesaid, he shall transmit the report of the said freeholders to the said Chamberlain, to be by him carefully filed away and preserved, and shall direct the said Chamberlain to issue a license to the person or persons applying as aforesaid, specifying the kind of Exhibitions to which said license shall extend, and the time for which it shall continue, which shall not, except in the case of Comedians and Tragedians as aforesaid, exceed three months; and in relation to them, shall not exceed one year, nor be less than one week. And upon the production of the said report of the freeholders and order from the Mayor, and upon the amount of the license tax being paid into the hands of the Chamberlain for the use of the City as aforesaid, it shall be the duty of the said Chamberlain, to issue a license to said applicant or applicants under his hand, permitting him, her, or them, to make the Ex

hibitions stated in the said order of the Mayor, describing the kind of Exhibitions in the said license, and specifying in the said license the particular room or house in which the said Exhibitions are to be made; for which license it shall be lawful for the said Chamberlain, to demand and receive of the applicant or applicants, one dollar for his trouble; and it shall be his duty to retain a copy of the said license so granted, to be filed away with the report of the freeholders and the order of the Mayor aforesaid.

4. And be it further Ordained, That it shall not be allowed to any person or persons licensed to make any Theatrical or other Public Exhibition as aforesaid, to cause or permit any alteration to be made in the room or house in which the said Exhibitions are licensed, after the date of such license, or after the view and report of the said freeholders on which the license is founded; or to exhibit in any such room or house after any such alteration is made, unless the same be sanctioned by a written permission of the Mayor, founded on a report of freeholders made as aforesaid: but that any person or persons so exhibiting after such alteration, without permission as aforesaid, shall be deemed, and taken to be an exhibitor or exhibitors without a license.

5. And be it further Ordained, That no person or persons obtaining a license to make Theatrical or other Public Exhibitions as aforesaid, shall permit any other or distinct persons, to make any Theatrical or other Pablic Exhibitions, in the room or house in which he or they are licensed to make Exhibitions: but that such other or distinct person or persons shall, if exhibiting in such room or house without a license to him or them granted, be considered as an exhibitor or exhibitors without license, and shall come within the penalties of this Ordinance

6. And be it further Ordained, That if any person or persons shall, within the limits of the said City for his or her gain, act, exhibit, or perform, or aid or assist in acting, exhibiting or performing, either as actor, player, musician, door-keeper, or other assistant, or in any other character, any Play, Farce, Interlude, Show, Opera, or other Theatrical or Dramatical performance or entertainment, or shall make, or aid, or in any manner assist in making any other Public Exhibition, without a license for that purpose first had and obtained, in the manner herein before provided for; each and every person so offend

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