such assistant shall not exercise the duties of his employment or office nor receive any emolument therefrom. Any vacancy arising from any such removal shall be filled as hereinbefore provided for the appointment of such assistant.

The said board of control shall make all local assessments for any public works for which such assessments may be made by law under such rules and regulations as may be prescribed by the city council by ordinance or otherwise, but any person affected by any such local assessment may appeal from the decision of the said board, as to any such assessment against him, to the corporation court of the city.

The said board shall have the right to call upon any administrative officer of the said city, except the mayor, to attend its meetings and give such information or services to said board as may be required of him.

All appointments by the board of control or other boards or departments shall be based upon merit, fitness, and competency alone, and political or religious opinions shall not be considered in making appointments. In order to carry this into effect, the council shall, after September first. nineteen hundred and six, elect a commission of five citizens, who shall serve without compensation, to hold office for three years and until their successors are elected and shall qualify. In electing the said commission by the council the cumulative system of voting shall prevail. It shall be the duty of the said commission to ascertain the fitness and competency of applicants for all positions, except the heads, superintendents, or chiefs of departments under the city government, under such rules and regulations as shall be determined by the city council by ordinance, and to furnish at all times lists of fit persons, for various positions, as designated by such ordinances, and from such lists all appointments shall be made.

It shall be the duty of the council to provide for the proper maintenance of the commission.

$55. The board of control, upon its organization in September, nineteen hundred and six, and in September every two years thereafter, shall nominate to the city council, one chief of the police, and upon his confirmation by the said council, in joint session, shall by warrant, appoint such person so nominated and confirmed as the chief of the police for the term of two years from the date of his appointment, unless sooner removed, and until his successor is duly appointed and qualified.

The said chief of the police, upon his appointment and qualification. shall select, to be approved by the said board, such captains and sergeants of the police as may be authorized by the city council, and upon such approval the said board shall by warrant appoint such captains and sergeants for the term of two years from the date of their respective appointments, unless sooner removed, and until their successors, respectively, are duly appointed and qualified..

One of the captains of the police, in the order of his appointment, or according to his rank, shall act as chief of the police, in case of the sickness, absence from the city, or other disability, of the chief of the police, and perform all the duties incident to his office, but without additional compensation.

The said chief of the police shall select as many policemen, patrolmen. or other members of the police force as may be authorized by the city

council, to be approved by the said board, and upon such approval the said board shall, by warrant, appoint each of such policemen, patrolmen, or other members of the said police force, to serve during the term of his good behavior, or until the said board, at its pleasure, shall remove him, but in every case of removal the said board shall enter upon its records the reasons therefor.

The selection and appointment of the policemen, patrolmen, or other members of the police force, shall be under such rules and regulations for examination as to fitness and ability as may be prescribed by the city council.

Each member of the police force, both rank and file, shall have issued to him a warrant of appointment, signed by at least two members of the board of control, and attested by the city clerk, with the seal of the city, in which the date of his appointment shall be stated, and such warrant shall be his commission, and the said board of control shall keep a record of all its proceedings, relating to the nomination or appointment of all of its said officers, policemen or other members of said force.

Each member of the said force shall, before entering upon duties of his office, take and subscribe an oath that he will faithfully, without fear or favor, perform the duties of his office, and such oath shall be filed with the city clerk; and in addition the several officers of the said force shall give such bond, with security, as may be required by the city council. The members of the police force shall be chosen and appointed from among the electors of the said city, and shall receive such salaries or compensation as shall be determined by the city council.

As soon as the appointments of the police force are made in the manner hereinbefore provided, then all the members of the said force in service previous thereto shall immediately vacate their respective offices or positions, unless reappointed as herein provided.

The said board of control may make the rules and regulations for the government of the officers and other members of the police force, and may prescribe their respective duties, subject only to the ordinances of the city council, and to the laws of the State and of the United States; may prescribe and regulate the time and manner of drill or exercise, and impose reasonable fines for the breach of any rule or regulation, the said fines to be paid into the city treasury; but this power to impose fines is in no way to be construed as abridging the power of suspension or removal. The chief of the police shall have the immediate direction and control. of the said force, subject, however, at all times, to the rules, regulations, and orders of the said board of control, and through him the said board of control shall promulgate all orders, rules, and regulations for the government of the whole force.

The said board of control shall have the power at any time to suspend, for a period not exceeding thirty days, the chief of the police, for misconduct in office, or neglect of duty, upon charges in writing, a copy of which shall be furnished the said chief, and after a hearing upon such charges may remove him from office, subject only to the approval of the city council, in joint session. During such suspension one of the captains of the police force, to be designated by the said board of control,

shall perform the duties of the office of chief, and until his successor is duly elected and qualified, and upon the removal of the said chief from office, the said board shall nominate his successor, in the manner hereinbefore provided, for election by the city council.

The mayor of the city shall also have the power to suspend the said chief of the police, and remove him from office, for misconduct in office or neglect of duty, to be specified in the order of suspension or removal, but no such removal shall be made without reasonable notice to the said chief and an opportunity afforded him to be heard in person or by counsel, and to present testimony in his defense. From such order of suspension or removal the said chief shall have the right of appeal to the said board of control, and upon such appeal the case shall be heard de novo, and the decision of the said board shall be final.

The said board of control, the mayor, or the chief of the police, or the officer acting as chief, shall have the power at any time to suspend, for a period not exceeding thirty days, any officer or member of the police force, other than the chief of the police, for misconduct in office or neglect of duty, upon charges, in writing, a copy of which shall be furnished the person so suspended, and after a hearing upon such charges by the said board, in case of suspension by the board or the chief of the police, or officer acting as chief, and by the mayor, in case of suspension by him, the said board of control or mayor, as the case may be, may remove the person so suspended from office: provided, that any officer or member of the police force, other than the chief, so suspended or removed by the mayor, shall have the right of appeal to the said board of control, and upon such appeal the case shall be heard de novo, and the decision of the said board shall be final.

No officer or member of the police force so suspended, as hereinbefore provided, shall exercise the duties of his office during his suspension or receive the emoluments thereof.

In times of exigency the said board of control, or any one of them, if the other members of the said board should be absent from the city, or unable from any cause to act, may, by and with the consent or upon the application of the mayor of the city, in writing, appoint temporarily, without previous authority from the city council, a suitable number of additional policemen for such time as shall appear necessary, not however to extend beyond the time of the next meeting of the city council.

$56. The officers and privates constituting the police force of the city of Norfolk shall be, and they are hereby, invested with all the power and authority which now belong to the office of constable at common law in taking cognizance of and in enforcing the criminal laws of the State and the ordinances and regulations of the said city, and it shall be the duty of each and every one of such policemen to use his best endeavors to prevent the commission within the said city of offenses against the laws of said State and against the ordinances and regulations of said city: to observe and enforce all such laws, ordinances and regulations; to detect and arrest offenders against the same; to preserve the good order of the said city, and to secure the inhabitants thereof from violence and the property therein from injury.

Such policemen shall have no power or authority in civil matters, but he shall in all other cases execute such warrant or summons as may be placed in his hands by any justice of the peace for said city, and shall make due return thereof.

Such policeman shall not receive any fee or other compensation out of the treasury of the State or the said city for any services rendered under the provisions of this act other than the salary paid him by the city; nor shall he receive a fee as a witness in any case arising under the criminal laws of the said State, or under the ordinances or regulations of the said city. If, however, it shall become necessary or expedient for him to travel beyond the limits of the said city in his capacity as a policeman or as a witness, he shall be entitled to his actual expenses, to be allowed and paid as is now provided by law for other expenses in criminal cases.

Nothing contained herein shall be construed as prohibiting a policeman from claiming and receiving any reward which may be offered for the arrest and detention of any offender against the criminal laws of this or any other State or nation.

$57. The said board of control shall prescribe the uniforms and badges for the members of the police force, and direct the manner in which the members of the said force shall be armed. And any person, other than a member of the said force who shall wear such uniform or badge, as may be prescribed as aforesaid, may be subjected to such fine or imprisonment, or both, as may be prescribed by the city council by ordinance.

$58. The board of control, upon its organization in September, nineteen hundred and six, and in September every two years thereafter, shall nominate to the city council one chief of the fire department, and upon his confirmation by the said council, in joint session, shall by warrant appoint such person so nominated and confirmed as the chief of the fire department for the term of two years from the date of his appointment.. unless sooner removed, and until his successor is duly appointed and qualified.

The said chief of the fire department, upon his appointment and qualification, shall select, to be approved by the said board, such assistants as may be authorized by the city council, and upon such approval the said board shall by warrant appoint such assistants for the term of two years from the date of their respective appointments, unless sooner removed, and until their successors, respectively, are duly appointed and qualified. One of the assistants, in the order of his appointment, or according to his rank, shall act as chief of the fire department in case of sickness, absence from the city, or other disability of the chief of the fire department, and perform all the duties incident to his office, but without additional compensation.

The said chief of the fire department shall select as many engineers, or other members of the fire department, as may be authorized by the city council, to be approved by the said board, and upon such approval the said board shall appoint each of such engineers, or other members of his said fire department, to serve during the term of his good behavior, or until the said board, at its pleasure, shall remove him, but in every case of removal the said board shall enter upon its records the reasons therefor.

The selection and appointment of the engineers, or other members of the fire department, shall be under such rules and regulations for examination as to fitness and ability as may be prescribed by the city

council.

The chief of the fire department and his assistants shall each have issued to him a warrant of appointment signed by at least two members of the board of control and attested by the city clerk, with the seal of the said city, in which the date of his appointment shall be stated, and such warrant shall be his commission, and the said board of control shall keep a record of all of its proceedings relating to the nomination or appointment of all of the said officers, engineers, or other members of the said department.

The members of the fire department shall be chosen and appointed from among the electors of the said city, and shall receive such salaries or compensation as shall be determined by the city council.

As soon as the appointments of the members of the fire department are made by the first board of control in the manner hereinbefore provided, then all the members of the said department in service previous thereto shall immediately vacate their respective offices or positions, unless reappointed as herein provided.

The said board of control may make the rules and regulations for the government of the officers and other members of the fire department, and may prescribe their respective duties, subject only to the ordinances of the city council and to the laws of the State and of the United States; may prescribe the uniform, dress or badge of authority to be worn by them, respectively; may prescribe and regulate the time and manner of drill or exercise, and impose reasonable fines for the breach of any rule or regulation, the said fines to be paid into the city treasury, but this power to impose fines is in no way to be construed as abridging the power of suspension or removal.

The chief of the fire department shall have the immediate direction and control of the said department, subject, however, at all times to the rules, regulations, and orders of the said board of control, and through him the said board of control shall promulgate all orders, rules, and regulations for the government of the whole department.

The said board of control shall have the power at any time to suspend for a period not exceeding thirty days, the chief of the fire department, for misconduct in office or neglect of duty, upon charges in writing, a copy of which shall be furnished the said chief, and after a hearing upon such charges may remove him from office, subject only to the approval of the city council, in joint session. During such suspension one of the assistants of the said fire department, to be designated by the said board of control, shall perform the duties of the office of chief, and until his successor is duly elected and qualified, and upon the removal of the said chief from office, the said board shall nominate his successor, in the manner hereinbefore provided, for election by the city council.

The mayor of the city shall also have the power to suspend the said chief of the fire department and remove him from office, for misconduct in office or neglect of duty, to be specified in the order of suspension or