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September i3th~ 1932.
<br />
<br /> At a regular meeting of the City Cou_ucil he~d September '13th, 1932, at 8:00
<br />there were present:
<br />
<br />j.Vern°nAldenA'0ast,Br°°kS'Archibatd W' R. HutchinS,ogg. Leslie T. Fox, Arthur ~ayo, S. B. Moore,
<br />
<br /> Minutes of regular meeti~ held August 22nd and. special meetings of
<br />let and September 2nd were read, and after correction of minutes of September
<br />$7,000.00 to the motion of Mr. Fox in nominating Er. H.B. Anderson for
<br />utes were approved.
<br />
<br /> S~ptember
<br />2nd by adding
<br />City Manager, the min-
<br />
<br />- UI~FINiSHED BUS INESS -
<br />
<br /> The City Manager announced the appointment of Rosette Bain as colored nurse to
<br />succeed Louisa W~tkins, deceased. Same was ordered filed,
<br />
<br /> Motion of Er. Brooks to appoint a committee to present resolution of respect on
<br />the death of Louise Watkins, was adopted, and the Chair appointed Messrs. Brooks and Moore
<br />on said Committee.
<br />
<br />The following letter from the City Attorney was read:
<br />
<br /> "At your last meeting you referred to me a communication from Mr. Jason I.
<br /> Eckford, Attorney, asking that the s~n of Thirty-Five ($35.00) Dollars be
<br /> paid to Mr. E. C. ~itt. It appears that Mr. ~itt was fined Twenty ($20,00)
<br /> Dollars in Police Court and apoealed the case, giving bond for his appea~--
<br /> ante in the sen of One Hundred~ ($100.00) Dollars. ~hen the case came on to
<br /> be triad on July ll, 1~32, he did not a~pear in the Court o£ Hustings and
<br /> was tried in his absence and fined. His bondsm~u, Mir. E.S. Early, in order
<br /> to
<br /> a~void payment of the bond, aooeared a day or so later and paid the fine
<br /> of ~venty (~20.00) Dollars and ~e costs of Fifteen ($15.00) Dollars.~' In
<br /> the meantime, the sheriff had received the mitti~s for Mr. Witt's arrest
<br /> and he_was arrested and placed in jail, where he remained for twenty days,
<br /> the time required for the non-payment of his fine and. costs. ·
<br /> Section 4~3 of the Code of V~rginia provides for the confinement of a Der-
<br /> so~ in jail for the ~on-payment of fine and costs and concludes with the-
<br /> following language: ~ · '' ~
<br /> .That notnzno herein, or in the preceding section, shall
<br />prevent the issue of a writ of fieri facies after such release i~rom jailo~
<br />This section has been construed in the case of Quillen vs. Commonwealth, 105
<br />Va. 8~4, to the effect that the fine and cost i~posed upon a person for a
<br />crimLual offense are not satisfied by imprison=ment, which is but a meansof
<br />enforci~ payment, and that the punishment is not complete until the judg-
<br />ment of the cou~t has been discharged. In the case of Mayor vs. Dillard
<br />135 Va. 707, it is stated that confinement in jail for the non-payment of a
<br />fine "does not satzs_y the fine and cost in whole or in part, same cont inu-
<br />· lng to be judgment debt due the Commonwealth, to be enforced by execution
<br />or otherwise°,,
<br />It is customary for the clerk of the court to docket a judgment against
<br />the defendant in all Commonwealth cases and, recently, this has been done in
<br />the city cases.
<br />in my opinion, Mr. Witt has no claim upon the city for a return of the
<br />amount paid by him."
<br />
<br />~Motion of ~r. 0gg to concur ~ City Attorney's recommendation was adopted.
<br />The following letter from the 0ity Attorney was read:
<br />
<br /> ~At your last meeting you referred to the City Manager and myself the re-
<br /> d, est from Mr. George ~. Whitehurst to amend the city ordinance in order
<br /> at a 275 gallon fuel tank, used in connection with oil burner equipment
<br /> for domestic use, may be placed above ground.
<br /> We have investigated this matter and find that the National Board of Fire
<br /> Underwriters permits such installations and that other cities are following
<br /> the rules as laid dovrnby the Fire Underwriters. Such an installation will
<br /> oermit a 275 gallon tank to he placed in a cellar co~ected with an oil
<br /> ~u~ner. At the present time, all tanks of a capacity in excess of 60 gal-
<br /> lons are reeuired to be placed underground.
<br /> I am submi~tting herewith an amendment to the present ordinance, in the
<br /> event you should~desire to change the same to meet ~Lv. Whitehurst, s request."
<br />
<br /> Iu this connection the following ordinance was read:
<br />
<br /> "An Ordinance to 8~end and re-ordain Section 4 of an ordinance entitled,
<br /> 'An Ordinance regulating the construction and installation of oil burning
<br /> e9~ioment for domestic use and the storage and use of oil fuel used the~e-
<br /> wz~h adopted by the 0i~y 0ouncil Bept. 8th, 1925~".
<br />
<br />Lug vote:
<br />
<br />On motion of Mr. Brooks same was placed on its first reading, and by the follow-
<br />Ayes - Brooks~ Hutohins, Fox, Mayo, Moore, Oast, 0gg - 7.
<br />
<br />Nays - None.
<br />
<br />The following letter from the 0on,missioner of Revenue was read:
<br />
<br />
<br />
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