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<br />§ 31 CHARTER OF CITY OF CHARLOTTESVILLE § 32
<br />S 33 CHARLOTTESVILLE CITY CODE § 37
<br />for all fines and costs imposed by him or he may require the im-
<br />Sec. 33. Granting franchises.
<br />mediate payment thereof, and in default of such payment he may
<br />The regulation and restrictions for granting any franchise in
<br />commit the party in default to the city jail until the fine and costs
<br />the city shall be such as are provided by the general law as found
<br />be paid, for a period, however, not exceeding ninety days. He
<br />in section ten hundred and thirty -three -e of the Code of Virginia
<br />shall hold his court daily, except Sundays, at the place prescribed
<br />of nineteen hundred and four.*
<br />by the council, and if from any cause he shall be unable to act,
<br />he shall appoint any other justice of the peace, or any councilman
<br />Sec. 34. Receipt and disbursement of moneys by
<br />of said city, to discharge the duties of the police justice prescribed
<br />treasurer.
<br />herein during such inability; and who shall be paid for such serv-
<br />ices by the police justice at the same rate per diem as such police
<br />All moneys belonging to said city shall be paid over to the
<br />justice receives. The police justice shall keep a regular account
<br />treasurer, and no money shall be by him paid out except as the
<br />of all fines, forfeitures, fees and costs imposed, arising or col-
<br />same shall have been appropriated and ordered to be paid by the
<br />lected in the administration of his office, which he shall report
<br />[council]t councils, and the said treasurer shall also pay the same
<br />monthly to the city treasurer, except that all fines collected for
<br />upon warrants approved in such manner as may be prescribed by
<br />offenses committed against the State shall go to the literary fund,
<br />ordinance of the council.
<br />as provided by law. The police justice of said city shall be re-
<br />moved, as hereinbefore provided, by the mayor upon proof of
<br />Sec. 35. Recovery against treasurer and sureties.
<br />malfeasance or misfeasance in office. The police justice shall re-
<br />ceive acompensation for his services, to be fixed by the [council]*
<br />If the said treasurer shall fail to account for and pay over all
<br />councils, which shall not be increased or decreased during the term
<br />of the moneys that shall come into his hands when thereto required
<br />for which he is elected, but said compensation shall not be more
<br />by the council, it shall be lawful for the council, in the corporate
<br />than twelve hundred dollars per annum, but nothing herein con-
<br />name Of the city, by motion before any court of record having
<br />tained shall be deemed to repeal or alter the general law with re-
<br />jurisdiction in the City of Charlottesville, to recover from the
<br />spect to civil and police justices in cities.
<br />treasurer and his sureties, or their personal representatives, any
<br />sum that may be due from said treasurer to said city on ten days'
<br />Sec. 31. Salaries fixed by council.
<br />notice.
<br />The salaries of all officers who receive stated compensation for
<br />Sec. 36.
<br />their services from the city shall be fixed by the council.
<br />[This number was not used in the original act.]
<br />Sec. 32. Stated and special meetings of council.
<br />Sec. 37. Collection of fines.
<br />The council shall fix by ordinance the time for holding their
<br />stated meetings and no business shall be transacted at a special
<br />All fines imposed for any violation of any city ordinance or
<br />meeting, unless by unanimous consent, except that for which it
<br />State law shall be collected by the chief of police; and if said chief
<br />shall have been called, and every call for a special meeting shall
<br />of police shall fail to collect, account for, and pay over all the
<br />specify the thereof.
<br />p y e object
<br />*See now §§ 3016 et seq. of Michie's Code of 1942.
<br />*In the original act the word "councils" appears but it is obvious
<br />tIn the original act the word "councils" appears but it is obvious
<br />"council"
<br />that the word "council" was intended.
<br />that the word was intended.
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<br />§ 38 CHARTER OF CITY OF CHARLOTTESVILLE § 40
<br />§ 40% CHARLOTTESVILLE CITY CODE § 42
<br />fines in his hands for collection, it shall be lawful for the council
<br />time ordered by the city council, it may impose a penalty of five
<br />to recover the same, so far as the same are accruing to the city,
<br />dollars for each and every day that it is allowed to continue there-
<br />by motion, in the corporate name of the city, before the corpora-
<br />after, and may cause the encroachment to be removed, and col -
<br />tion court of said city, against the said chief of police, his sureties
<br />lect from the owner all reasonable charges therefor, with cost,
<br />on his said bond, or any or either of them, his or their executors
<br />for which there shall be lien on the premises so encroaching.
<br />or administrators, on giving ten days' notice of the same.
<br />which lien may be enforced in a court of equity having jurisdic-
<br />tion of the subject. No encroachment upon any street, however
<br />Sec. 38. Animals running at large.
<br />long continued, shall constitute an adverse possession thereto, or
<br />The council shall have power to make such ordinances, by-
<br />confer any right upon the person claiming thereunder as against
<br />laws, orders and regulations as they may deem necessary to pre -
<br />said city.
<br />vent dogs, hogs and other animals from running at large in the
<br />Sec. 401/2. Filing claim for damages condition precedent
<br />limits of the city, and may subject the owners thereof to such
<br />to action against city.
<br />fines, regulations and taxes as the [council] * councils may deem
<br />No action shall be maintained against the said city for damages
<br />proper, and may sell said animals at public auction to enforce the
<br />for an injury to any person or property alleged to have been sus -
<br />payment of said fines and taxes; and may order such dogs, as to
<br />which are in default, to be killed by a policeman or constable.
<br />tained by reason of the negligence of the city, or any officer, agent
<br />or employee thereof, unless a written statement, verified by the
<br />Sec. 39. Taking or damaging private property.
<br />oath of the claimant, his agent or attorney, of the nature of the
<br />claim and of the time and place at which the injury is alleged to
<br />The city shall not take or damage any private property for
<br />have occurred or been received shall have been filed with the city
<br />streets, or other public purposes, without making to the owner,
<br />manager within six months after such cause shall have accrued.
<br />or owners, thereof just compensation for the same. But in all
<br />(1928, c. 287, p. 832.)
<br />cases where the city council cannot by agreement obtain title to
<br />The 1928 amendment added this section.
<br />the ground necessary for such purposes, it shall be lawful for it
<br />to apply to the circuit court of the county in which the land shall
<br />Sec. 41. Continuance of rights, etc., of city; ordinances,
<br />be situated, or to the proper court of the city having jurisdiction
<br />etc.
<br />of such matters, if the subject lie within the city, to condemn the
<br />All rights, privileges and properties of the City of Charlottes -
<br />same.
<br />Ville heretofore acquired and possessed, owned and enjoyed by
<br />an act now in force, not in conflict with this act, shall continue
<br />Sec. 40. Encroachments upon streets.
<br />undiminished and remain vested in said city under this act; and
<br />In every case where a street in said city has been or shall be en-
<br />all laws, ordinances and resolutions of the corporation of Char-
<br />croached upon by any fence, building or otherwise, the city coun-
<br />lottesville now in force, and not inconsistent with this act, shall
<br />cil may require the owner or owners, if known, and if unknown
<br />be and continue in full force and effect in the City of Charlottes -
<br />the occupant or occupants of the premises so encroaching, to re-
<br />ville, until regularly repealed.
<br />move the same. If such removal shall not be made within the
<br />Sec. 42. Corporation court.
<br />*In the original act the word "councils" appears but it is obvious that
<br />The corporation court of the City of Charlottesville shall re -
<br />the word "council" was intended.
<br />main as it now exists and be held by the city judge at such times
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