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January 26th, 1954.
<br />
<br /> UNFINISHED BUS I~'ESS
<br />
<br /> 54-11 Am appropriation of $27,500.00 to repair the plumbing and cell locks in the City Jail,
<br /> placed on first reading ar last meeting, was taken up.
<br />
<br /> Mo~ion of Mr. Howard to appropriate $27,500.00 for said purpose, was adopted, and by
<br /> the following vote:
<br />
<br /> Ayes: Duke, Bilisoly, Hawks, Houghton, Howard, Lawrence, Smith, Sturtevant,
<br /> ; Warren, Wilson
<br /> Nays: None
<br />
<br /> NEW BUS INESS -
<br />
<br /> 54-34. The following letter from the Secretary of the Supplemental Retirement System was read:I
<br />
<br /> ,The Trust es of the Portsmouth Supplemental Retirement S,ystem, at a meeting held on
<br /> January 21st, requested me to submit for adoption the attached ordinance, in order that the Trustees may more
<br /> efficiently handle the investment of the Pension Fund monies."
<br />
<br /> Motion of Mr. Bilisoly to place the following ordinance on first reading, was adopted:I
<br />
<br /> "AN ORDINANCE TO AMEND AND RE-ORDAIN .SECTION. 17 OF ARTICLE II OF AN
<br /> ORDINANCE ENTITLED 'AN ORDINANCE TO PROVIDE A SUPPLEMENTAL RETIREMENT
<br /> SYSTEM FOR CITY EMPLOYEES' RELATING TO THE CUSTODIAN OF FUNDS"
<br />
<br /> 54-35. The following letter from Judge W.H.W. Cassell was read;
<br />
<br /> Having been elected by the Council to fill the unexpired term of Justice William
<br />H. Cast, deceased, as Justice of the Civil and Police Court and Judge of the Juvenile and Domestic Relations Court
<br />of the City of Portsmouth'; ~ Virginia, and having qualified as such, it is necessary for me to vacate the office
<br />of Special Justice for the holding of Commissions, To which I was elected by the Council iri July or August of 1952.
<br /> I, therefore, hereby tender my resignation from the said office of Special Justice
<br />for the holding of Commissions on persons alleged to be mentally ill or inebriates in the.City of Portsmouth, and
<br />request that the same be accepted as of this date.
<br /> Until another is elected and qualified as said SpeCial Justice, I will continue ~o
<br />hold such commissions as~they arise, as Civil and Police Justice.
<br /> As the intention of the General Assembly in the provision for a Special Justice was
<br />to have the Substitute Justice qualify as such, when possible, and as John A. ~acKenzie has been appointed by the
<br />Court of Hustings of the City of Portsmouth to the position of Substitute Justice of the Civil and Police Court, an
<br />has signified his willingness to serve as such Special Justice, I respectfully recommend.To the Council that it
<br />elect John A. MacKenzie a Special Justice for holding commissions on ~ersons alleged to be mentally ill or inebria e."
<br />
<br /> Motion of Mir. Howard to go into the election of a Special Justice, was adopted.
<br />
<br />Mr. Howard nominated John A. MacKenzie.
<br />
<br />Motion of Mr. Bilisoly that the nominations be ctosed, was adopted.
<br />
<br />Mr. MacKenzie was elected Special Justice, and by the following vote:
<br />
<br />Ayes: D~ke, Bilisoly, Hawks, Houghton, Howard, Lawrenoe, Smith, Sturtevant.
<br />Nays: None.
<br />
<br />read:
<br />
<br />54-36.
<br />
<br />The following letter from Charles B. Cross, representing William I. Webster, was
<br />
<br />"Your petitioner, William I. Webster, represents as follows:
<br />
<br /> 1. That on the 22nd day of August, 1953, a summons was written for your
<br />petitioner charging him with not.having~a Virginia State license nor a City
<br />of Portsmouth license on his 1953 Plymouth Sedan; and,
<br /> 2. That on the 3rd day of September, 1953, your petitioner was fined
<br />$25.00 and costs i~ the Civil and Police Court of the City of Portsmouth; and
<br /> 3. Tha~ the fine and costs, amounting to $27.00, were paid by your peti-
<br />tioner to theCIe~K of the Civil and Police Court of Portsmouth, as evidenced
<br />by Receipt No. 1083 A, attached hereto and marked Enclosure A; and
<br /> 4. That the 12th day of October, 1953, this cause was heard on appeal in
<br />the Courz of Hustings for the City of Portsmouth, ar which time your petitioner
<br />was found "not guilty" of said charge, as evidenced by a certificate to that
<br />effect attached hereto and marked Enclosure B~ and
<br /> 5. That the reason for the dismissal of this cause on appeal was based upon
<br />the Soldiers' ~ S~iloys' Civil Relief Act (50 USCA App. 574) inasmuch as your
<br />petitioner is a m~ber oI tb~ Armed Services of the United States, to-wit; the
<br />United States Navy.
<br /> IN CONSIDERATION~EREOF your petitioner hereby prays thai he be refunded
<br />the amoun~ of $27.00 which ~as paid by hi, pursuant ~o the erroneous decision of
<br />the Civil ahd Police Court .of Portsmouth Virginia."
<br />
<br /> 54-37.
<br />Police Court of the City of
<br />
<br /> Motion of Mr. Houghton that refund of $27.00 be granted, was adopted.
<br />
<br /> The following letter from Attorney R.F. McMurran was read:
<br />
<br />"On November 12th, 1953, my client, William R. Grimes was convicted in the Civil and
<br />Portsmouth of reckless driving and paid a fine and cost of $54.00, the receipt of
<br />
<br />
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