Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1851-04-16

! until the Both day Of April, 1851
On motion OF Mr.. Bosher, it ordered that whel
the Council djourns, it adjourn to Thursday next.
DR.. Chamberlayne reported from the Committee o,
Lg at, proposal OF Vancleve and Mexican, to con
sruct additional reor benches, condenser, SC
| which was approved by the Council.
The Council then adjourned.
OPINION FOR THE COUNCIL OF THE CITY
OF RICHMOND.
The Council Of the city of Richmond has asked m,
opinion on several questions arising under the charter
1912 and the Of the 29th March, 1851 if that &C
should become part of the City Charter.
The questions arise under the 9th. 9th, 10th, 18th
l2h, 18th, l4h 18th, 10th and 18th sections othe &C
OF 1872 and the lst 3d. 4th and 9Th sections of the
of 1851.
The 9th section Of the act OF 1S42 requires the per
sons entitled to vote in the city elections to assemble il
their respective Wards OH the first Wednesday ii
April, and elect nine persons from each Ward to
In the several offices in said section mentioned The
persons thus elected majority of them, are within
one week to elect Udua uoce from among Themselves o.
from the body otthe citizens one person to serve al
Mayor; and they are to elect from among themselves,
Recorder, Senior Alderm IN, and ten other Aldermen
distributing the Recorder and Aldermen equally
among the several Wards,) and the residue shall con
sttute board which shall be called the Council of the
The 9th section requires the Sergeant to appoint an
nuay, in each Ward, place for holding the elections
The 10th section makes the duty Of the Sergeant and
his deputies to hold the election The 5th, 18th, 18th
OF conducting the elections.
The LIST section of the of 1851 enacts that the
Mayor, Recorder, and other officers therein named
The Councmen and Aldermen are not named among
the officers TO be elected
The 3rd section directs the City Council to appoint
place OF election in each Ward, and to appoint
competent persons for each Ward who shall su-
pernend and record such election for Councmen and
officers.
The 4th section requires the Superintendents as soon
practicable after the completion of the election to
notify the Councilmen and officers Of their election
and summon them to appear at the City Hall to quail
fly, DC.
The 9Th section enactshat the Council shall be sworn
into office by Justice of the Peace for Henrico county
and shall proceed 10 organize in all other respects
is now provided by the Charter of the said city.
The questions propounded to me are, lst is the Ser
geant still to conduct the elections for nine persons
each Ward under the Charter of 1912?
End. Ifso what in respect to such election will be
the respective duties of the sergeant and the supernen
dents appointed under the act OF 1851, to superntend
and conduct such elections!
3rd. Who are to be elected by the said twenty reven
persons from among themselves
4th. What is to be the number ofthe Council!
ind serious difficulty in answering some OF these
questions 1.-THE of 1851 is adopted as part of the
charter and further Of Assembly is passed and
adopted by the city, it will probably become necessary
10 have its true construction ascetaned by judicial in
depreciation. But the act is inartifcalIy drawn,
that is difficult to ascertain by the settled rules of
Interpretation, what construction will be adoped by the
courts.
The first question is: Is the Sergeant still to conduct
the elections for nine persons, in each Ward under the
act of 1912!
think nine persons still to be elected in each
Ward, under the act of 1872 The Act of 1851 doe.
not provide for the election of nine persons in each
Ward, out Of whom the Aldermen are to be appointed.
Indeed it is wholly silent as to Aldermen, except in
the last section which merely pospones the election
tor the present year. tspeaks several times OF Coun.
slmen, but never but once al udes 10 the election of
Aldermen. II the provision tor the election of nine per-
sons in each Ward is repealed, the Hastings Court is
abolished. infer, from the necessity of the case that
the Act OF 1912, requiring the election of zine persons
in each Ward not to be repealed by the Act of 1851
But is the election of these nine persons in each
Ward to be conducted BY the Sergeant under the Act
which counsel and judges may differ.
1t is obvious that there is no express repeal efthe
provisions of the act of 1912 requiring the Sergeant to
appoint place for the election OF nine persons in each
Ward, and requiring him and his deputies to conduct
the election subject to the ordinances of the city, &C.
1t these provisions are repealed it must be by mplca
ton.
The doctrine of an implied repeal of an old statute
by new one stated thus ina work OF high authority:
" An old statute gives place to new one, and when
''the common law and a statute differ, the common
law gives place to'he statute if expressed in negative
words.
"The first part of this rule however must be receiv-
ed with degree of caution for u.s. in general ne
cessary that the intention of the Legislature repeal
previous atute, be expressed in clear and unambguous
language and must be not merely left to be inferred
from the subsequent statute. more ancient statute
will be implicitly repealed by a more modern one only
when the latter is couched in Negative terms its mat
ter is clearly repugnant that necessarily implies
negative And again it is said "where both acts are
merely affirmative, and the substance such that both
may stand together, in this the latter does not re-
peal the former but they shall both have concurrent
efficacy
The above extracts are made from Brooms Legal
Maxims, and are fully sustained by the numerous cases
cited by the author to support them.
th IL.
way. He says; every affirmative statue is by impi-
cation repeal Of precedent affirmative statute SO far
as it is contrary thereto and again "And is ge-
mel al rule subsequent statutes which add cumulative pe
naltes and institute new methods of proceeding, do
not repeal former penalties and methods ofproceedng
ordained by preceding statutes without negative Words
nor hath latter act OF parliament ever been construed
to repeal prior act unless there be contrariey or
in them; or at least some notice take OF
The former act to indicate an ntentOn of the law
giver to repeal n"-673-4.
In the application of these doctrines to the laws in
question find much difficulty.
The provision OF the third section of the act Of 1851
that there shall he appointed one or more competent
persons in each Ward who shall superintend and re-
cord such elections tor councmen and officers, and the
provision of the fourth section that the spernendents
shall notify the councmen and officers OF their election
would at first sight raise the impression that the super
int ndens were to conduct the election. But on exam
ralion such serious difficulties exist in the way OF this
and the provision for its execution
totally detective, that think cannot be adopted.
1t must be recollec,ed 10 considering this ques-
lion that the power of contracting, legisating for
and taxing the city is, by the charter of 1872 vested
n the Council. and that the duty and power of
holding the Hastings court is vested IN the Aldermen.
The election OF these officers is therefore matter of
great Importance to the credit and all the business OF
he city. 1t is OF great and special importance that
here should be Judge ofther election, SO that Il
he disasters which would follow contested election
n be avoided. This was carefully provided for in
he charter 1912, While the election wac to be held