if yo es ES ays folate iPod > , Pear ae = 5, ma ni ~ zs = feamaeper iu tence. THE UNIVERSITY OF ILLINOIS LIBRARY DOULOUG\ M2?) or \SBGG = if ne ea or S REIviG i ae a a AGE _ BOOKSTACKS OFFICE a ee a Ca ont yn Sh > ae ; ea + ‘ ; ‘ . ay y ; . * Mie iectaah “tg , i : slides Ss 3 oO eek ea ~® oe : iD : + | Wyte aye A TT ye | & 7 . . - . F - z i RE tek Sa i Cnt "ca ae he at Aaa THE CHARTER CODE OF ORDINANCES OF THE CITY OF MOBILE. REUBEN A. LEWIS, UNDER THE ORDER OF THE MAYOR, ALDERMEN AND COMMON COUNCIL. pa an | ES eS =| MOBILE, ALA.: ADVERTISER & REGISTER OFFICE. 1866. si ae om Shel. Bz: ©, vaydaa rota: site “ aie 0 fate a SZ 10d}039 Gla Ge Shp - 1866 iii rpc 7 3 BSZ. OG! Millar 1¥G6 / REMOTE STORAGE BOOKSTACKS OFFICE CHARTER. 1050247 FG nh el EYE: we . — r p ‘ . iat = ‘ ae ie" ae % PED, AT} yee ~ hee Nal 4 OM py geen ©, soe es can tired hs Gee 1 ‘a SRP i ee ae ayit." tp i yee a ae hare bawie Sade th By se Ne om | x ‘e ag ead ab cae ; ee roa : | ce ‘4 wien ee x ce ig! Se Bi tid nse CHARTER OF THE CITY OF MOBILE. AN ACT to consolidate the several Acts of Incorporation of the City of Mobile, and to alter and amend the same. § 1. Be it enacted by the Senate and House of Representa- tives of the State of Alabama, in General Assembly convened, That the corporation of the city of Mobile shall iutettter Style of corpo- consist of a Mayor, Board of Aldermen and Board of Com- ™”°™ mon Council, and shall be known and styled as the “ Mayor, Aldermen and Common Council of the City of Mobile,” and by their corporate name may sue and be sued, implead May purchase and be impleaded, grant, receive, and do all other acts as”? natural persons, and may purchase and hold real, personal and mixed property, or dispose of the same, for the benefit of said city, and may have and use a city seal, which may be broken or altered at pleasure. § 2. Be it further enacted, That the limits and boundaries Boundary of the of the said city of Mobile Aan Be ae follows, to wit: = Commencing at the North bank of Bayou Chetaugue at its mouth, thence running east to the east bank of Spanish River, thence down the east bank of said river to the extreme southern point of the island, thence south to a point which will intersect the south boundary of township No. 4, thence west to a point where a north line will strike the Bayou Chetaugue at the old portage, thence down the left bank of said bayou to the place of beginning. § 3. Be it further enacted, That the said city of Mobile night wards. shall be divided into eight Wards, to be numbered and designated as Wards Nos. 1, 2, 3, 4, 5, 6, 7, and 8; which Wards shall be divided and bounded as follows: Ward No. 1 shall commence at the intersection of the Ward No.1. eastern and northern boundary lines of the city, thence running southwardly along the east boundary line of the city to its intersection with the centre of St. Louis street, Ward No. 2. Ward No. 3. Ward No. 4. Ward No. 5. CHARTER. thence westwardly along the centre of St. Louis street to its intersection with the centre of Franklin street, thence northwardly along the centre of Franklin street to its intersection with the north boundary line of the city, thence along the said north boundary line eastwardly to its intersection with the east boundary line of the city, being the place of beginning. — Ward No. 2 shall commence at the intersection of the east boundary line of the city and the centre of St. Louis street, thence running southwardly along the said east boundary line to its intersection with the centre of St. Francis street, thence westwardly along the centre of said St. Francis street to its intersection with the centre of Franklin street, thence northwardly along the centre of Franklin street to its intersection with the centre of St. Louis street, thence eastwardly along the centre of St. Louis street to its intersection with the said east boundary line, being the place of beginning. Ward No. 3 shall commence at the intersection of the east boundary line of the city and the centre of St. Francis street, thence running southwardly along said east boun- dary line to its intersection with the centre of Conti street, thence westwardly along the centre of Conti street to its intersection with the centre of Franklin street, thence run- -ning northwardly along the centre of Franklin street to its intersection with the centre of St. Francis street, thence eastwardly along the centre of St. Francis street to its intersection. with the said east boundary line, being the place of beginning. Ward No. 4 shall commence at the intersection of the east boundary line of the city and the centre of Conti street, thence running southwardly along said east boun- dary line to its intersection with the centre of Monroe street, thence westwardly along the centre of Monroe street to its intersection with the centre of Franklin street, thence northwardly along the centre of Franklin street to its intersection with the centre of Conti street, thence east- wardly along the centre of Conti street to its intersection with the said east boundary line, being the place of begin- ning. Ward No. 5 shall commence.at the intersection of the ‘east boundary line of the city and the centre of Monroe CHARTER. street, thence running southwardly along said east boun- dary line to its intersection with the south boundary line of the city, thence westwardly along said south boundary line to its intersection with the centre of Franklin street, thence northwardly along the centre of Franklin street to its intersection with the centre of Monroe street, thence eastwardly along the centre of Monroe street to its inter- section with the east boundary line of the city, being the place of beginning. Ward No. 6 shall commence at the intersection of the Ward No. 6. south boundary line of the city and the centre of Franklin street, thence running northwardly along the centre of Franklin street to its intersection with the centre of Dau- phin street, thence westwardly along the centre of Dauphin street as far as the intersection of Wilkinson street, from thence south along the centre of Wilkinson street to the ‘connection of said street with Washington Avenue, for- merly called Dog River road, and thence along the centre of said avenue or road to the south boundary line of the city. Ward No. 7 shall commence at the intersection of the centre of Dauphin and Franklin streets, thence running westwardly along the centre of Dauphin street as far as the intersection of Wilkinson street, from which point con- tinuing westwardly along the centre of the Spring Hill road to the west boundary line of the city, thence north- wardly along said west boundary line to its intersection with the north boundary line of the city, thence eastwardly along said north boundary line to its intersection with the centre of Franklin street, thence southwardly along the centre of Franklin street to its intersection with the centre of Dauphin street, being the place of beginning. Ward No. 7. Ward No. 8 shall commence at the centre of the inter- Ward No. g. section of Dauphin and Wilkinson streets and Spring Hill road, and from thence run northwestwardly to the western boundary line of the city, thence southwardly along the western boundary line of the city to the south boundary line thereof, thence along said south boundary line of the city to a point where said line intersects with Washington Avenue or Dog River road, thence north through the cen- tre of said Washington Avenue or Dog River road to its ~! 8 CHARTER. connection with Wilkinson street, and thence along the centre of Wilkinson street to the place of beginning. Eligibility of § 4. Be it further enacted, That no person or persons shall meen ana es: be eligible to the offices of mayor, aldermen or common mon council. council aforesaid, unless he or they be free white male citizens of the United States, of lawful age, and shall have ~ lived within the corporate limits of the said city at least twelve months immediately preceding the time of their election, and shall have paid into the city treasury a tax within the last municipal year, unless exempted by law from the payment of the same. Fiests of len: gare Be it further enacted, That the board of aldermen shall consist of three aldermen for each ward, and the Councilmen. board of common council shall consist of eight members, to be elected as hereinafter provided: Provided, One of the said common councilmen shall reside in each of the several wards. Electionofmay- § 6. Be it further enacted, That the mayor of the said city ra ond the eight common councilmen shall be elected by ballot in general ticket, by the free white male inhabitants Qualification of of said city, of or over the age of twenty-one years, who veh are citizens of the United States, and have resided within the city at least twelve months immediately preceding the election, and who have paid into the city treasury a tax within the last municipal year previous to the election, unless exempt by law from the payment of the same; and Election of al- the aldermen aforesaid shall be elected by ballot by the aaa citizens of their respective wards, who shall be respectively Qualification of qualified as aforesaid; but no person shall be so eligible Rare. to the office of alderman, or qualified to vote for the same, unless he or they shall have been residents of the ward for at least twenty days immediately preceding the day of election. : Term of oficeot § 7. Be tt further enacted, That the persons elected at the mayerandcoun- municipal election held in the city of Mobile on the first Monday of December, A. D, 1865, to fill the respective offices of mayor and common council of the city of Mobile, pursuant to an Ordinance of the State convention of 1865, shall hold their offices for the term of three years from the date of said election; and as a new ward, called the eighth ward, has been created, resulting from a division of the sixth into two wards, therefore, on the first Monday of CHARTER. March, 1866, an election shall be held by the qualified voters of said city, in the manner prescribed by this Act, for one councilman to represent the eighth ward, whose term of office shall expire on the first Monday of December, 1868; and no general election shall be held hereafter for either of the offices of mayor and common council oftener than onee in every three years; but that when a vacancy Vacaney, how shall occur in the meantime in either or any of said offices, “~ the same shall be filled in the manner now prescribed for the balance of the unexpired term for which such mayor or common councilman was elected, whose office shall be SO vacant. § 5. Be it further enacted, That at the municipal election Election of al- held in and for said city, on the first Monday of December, ai 1865, at which said election three aldermen for each of the then seven wards were elected by the qualified voters there- of, respectively, pursuant to an Ordinance of the State con- vention of 1865, one of which said aldermen for each ward shall hold his office for the term of one year, one for the term of two years, and one for the term of three years, from the date of said election in 1865, and no longer; now, therefore, as a new ward, called the eighth ward, has been created by this Act, resulting from a division of the sixth ward into two wards, and as one of the aldermen so elected resides within the limits of the eighth ward, and two re- side within the sixth ward, as defined herein, and in order that said wards may be represented as contemplated by this Charter, there shall be held on the first Monday of March, A. D. 1866, an election by the qualified voters thereof, for one alderman for the sixth ward, and two alder- men for the eighth ward, whose terms of office shall expire on the first Monday in December of each municipal year, as they may draw by lot the long or short terms, respect- Draw lots. ively, and that on the first day of November, 1866, if not already done, the said three aldermen so elected for each ward shall, in the presence of the board of aldermen, which shall be organized as now required, so far as may be, and in such manner as said board may direct, determine by lot which one of said three aldermen for each ward shall hold his office for one, and which for two, and which for three years, so that thereafter, commencing at the next election, in 1866, one alderman from each ward, and no more, shall e 10 CHARTER. Cabeputae be annually elected at the said municipal election in eacl: year, who shall hold his office for the term of three years, vaopancy, How and no longer; all vacancies in said board of aldermen, by death or otherwise, to be filled in the manner pointed out by the laws now in force, and for the unexpired time of the persons whose office shall become vacant. Shall appoint § 9. Be tt further enacted, That the mayor, aldermen and threemspeetrs common council for the time being shall appoint three in- spectors for each ward in the city, to preside at the election Certificate of for mayor, aldermen and common council; the certificate ne 7a" of which inspectors shall state the number of votes taken, and who are highest on the list, and said certificate being filed with the clerk of the said city of Mobile, shall be evidence as to those who are elected mayor, aldermen and common councilmen for said city; and within three days after the said or any subsequent election, each person who Oath of office. Shall be elected shall take the following oath, viz: “Ido solemnly swear (or affirm) that I will truly and faithfully execute the duties of mayor, alderman or common council- man (as the case may be) as prescribed in this Act, and Contracts to be that I will not, during my continuance in office, be directly Sidi or indirectly engaged in any contract with the corporation, or sell to or buy from it any estate, interest or matter whatever, and all contracts entered into in which any officer or member of the corporation other than for efficient members, either directly or indirectly, shall be void.” Notice of elec § 10. Be it further enacted, That the mayor for, the time bape *Y peing shall give ten days’ public notice, by advertising in some public newspaper printed in the said city of Mobile, or by posting up such notice in two or more.of the most public places within said city, of the time and place of holding said elections; which elections must.be holden in Inspectors haye the several wards of the said city, and the said imspectors. powe, keeP or judges shall have full power and authority to keep order at the place of holding said elections, and to commit to the jail of the county for a time not exceeding forty-eight hours any person who shall attempt to make, or make, any dis- turbance at the place of holding the said elections so as to interfere with the peaceable and orderly conducting of said Duty of sheriff elections, and the sheriff of the county of Mobile, and all ane ty Phe’ olice officers of the city of Mobile, are hereby commanded to obey and carry into execution all process issued by the Yips CHARTER. 11 said judges or inspectors as aforesaid, in pursuance of this Act; and if there should be an equal number of votes between any two or more persons who shall have been voted for at said election, and the choice of mayor, alder- men or common councilmen, or either of them, is prevented thereby, the said judges or inspectors shall declare the fact, and shall issue notice in the same manner and form as is required by this Act for the regular election, for a new election to fill the vacancy occasioned by those having an equal number of votes. § 11. Be tt further enacted, That the polls for.said election Polls to be kept of mayor, aldermen and common councilmen shall be kept M. 14 P.M, open from eight o’clock in the morning until four o’clock in the evening, and no longer, for the reception of ballots, and on closing the polls the judges shall proceed immediately, and in a public manner, to count the ballots, and when the certificate of the said judges or inspectors shall be filed as aforesaid, the clerk shall immediately give to each person a Clerk to give certificate of his having been duly elected. ee § 12. Be it further enacted, That if any municipal election How election shall be contested in the city of Mobile, it shall be before ay ones the jadge of the circuit court of the Mobile district, or judge of the city court of Mobile. Testimony may be taken How testimony by a justice of the peace or before a commissioner appointed serait by the judge trying the cause for that purpose, or may cause the witnesses to come before him and depose in the case. : § 13. Be it further enacted, That the ballots at the several Ballots sealed polls or precincts in the city of Mobile shall be carefully pace aca sealed up without examination after said election, and shall be by the managers deposited with the city clerk, who shall preserve the same for fifteen days, and then, if there be no contest, said city clerk shall cause the same to be burned in his presence, but in the event of a contest they shall be delivered to the judge trying the same. § 14. Be it further enacted, That the party contesting How notice shall file his application and give notice of said contest to 7°” the judge before whom he wishes said contest tried, and to the person or persons whose election is so contested, within fifteen days next succeeding said election. » § 15. Be it further enacted, That when testimony is taken under this Act, the opposite party shall have two days’ 12 CHARTER. previous notice of time and place, and the party taking Fees for deposi- depositions shall receive fees as follows, to wit: For each de hundred words fifteen cents, for each notice or certificate to the officer serving notices or subpeenas, each fifty cents, to be paid by the party at whose instance the said service is performed. Trial and judg- § 16. Be it further enacted, That after said testimony is aia completed, said judge trying the cause shall examine the poll list and ballots, and pronounce judgment in the case according to the facts developed. Aldermen shal § 17. Be tt further enacted, That the board of aldermei elect presiding kK atest officer, and meet Shall select one of their own body as a presiding officer; and once aweek- it shall be the duty of said board to convene once in each week, and the board of common council shall elect one ‘of their own body to preside over them, which board shall assemble weekly (but not on the same day that the board of aldermen convene). Boards to judge § 18, Be it further enacted, That the said boards of alder- of qualification : . of their mem- men and common council shall severally be the jadges of the election and qualification of their respeetive members (except so far as restricted by sections 12, 13, 14, 15, 16). Who shall act § 19. Be it further enacted, That in case of the sickness as mayor when : 2 temporarily ab- OF temporary absence of the mayor from the city, the duties of his office shall be performed by the president of the board of common council, and in ease of the absence, inability or refusal of the latter to attend to the said duties, the same shall be performed by the president of the board of aldermen; and in ease of the death of the mayor, his resignation, or inability to discharge the duties of his office, or absence from the city for two consecutive months without When declared permission of both boards, his office shall be declared Geren vacant by said boards, who, after giving five days’ publie Vacancy,how notice, Shall proceed in joint convention to elect his suc- filled. 3 ; cessor, and until such successor is elected and qualified, all the duties of the mayor, as defined in this charter, shall be performed by the president of the board of common ecoun- eil, and in the case of his absence, inability, or refusal, then by the president of the board of aldermen; and the person so acting shall receive the salary of the mayor for the time being. The receiving of salary shall not apply to the person acting mayor in the case of sickness or tempo- rary absence of the mayor. CHARTER. a7 § 20. Be it further enacted, That no person residing out Of Mayor shall be the corporate limits of tata city shall be eligible to the arte bee 1 office of mayor of said city; and if the mayor shall, after his election, remove his domicil out of the Linpaasy he shall thereby forfeit and vacate his office. § 21. Be it further enacted, That in case any member of Causes for de- either of the boards of aitarain or common council shall joes" die, resign, be unable te discharge the duties of his or their oftice or offices, or be absent from the city for two consecu- tive months without leave of the board of which he is a member, or if any alderman or aldermen shall, after his or their election, remove from the ward for which he or they were elected, the seat of any such member or members of either of said boards shall be declared vacant, and the said Vacancies, how vacancy filled by the board in which it occurs, of which five Bie days’ public notice shall be given. 22. Beit further enacted, That the said mayor, aldermen convention and common council shall have full power to elect or ana beara appoint, in a convention to consist of the mayor and the “7 *"* #8" said two boards, all officers and agents which may be deemed necessary for the purpose of said corporation, and the compensation, duties, and security for the faithful per- formance of the duties of said officers and agents shall be fixed by the said mayor, aldermen and common council, and the said officers and agents may be removed and displaced -at the pleasure of said convention, and the compensation compensation. of such officers and agents shall cease from the time of such displacement or removal. § 23. Be it further enacted, That the terms of office of all Terms of ofice, officers of said city, intent elected, shall commence on cbcteda Se the first day of January of each year, and continue one year, and until their successors shall be duly elected and qualified. § 24. Be it further enacted, That the treasurer for the time ‘treasurer to be being shall perform the duties of clerk of the common °° % co! council. . § 25. Be it further enacted, That there shall be an officer Tax assessor called the city tax assessor, and that the city tax assessor mig elected on the 9th day of January, 1866, in and for the city of Mobile, shall hold his office for the term of three years from the first day of January, 1866, except when a vacancy Vacancy, how shall occur in the said office of assessor, by death, resigna- *"°* 14 CHARTER. tion, or removal, in which event an assessor shall be elected, _who shall hold his office from the date of his election to Office in muni- cipal buildings. fill such vacancy for the unexpired term of his predecessor, and that said assessor shall be elected by the mayor, alder- men and common council of said city every three years thereafter; that said assessor shall hold his office in the municipal buildings of said city, devote his entire time and attention to the duties appertaining to his said office . of assessor, and that the books and papers relating to his Duties and com- pensation, City engineer elected. Vacancies, how filled. Shall keep his office in munici- pal buildings. His duties. said office shall at all proper times be kept open to public inspection; that once in each year, under such regulations and in such periods of time as the said corporate authori- ties may from time to time ordain and appoint, the said assessor shall make an assessment of all the property in said city liable to be assessed, and that for the performance of the duties of his said office the said assessor shall be compensated in such manner, and to such an extent, as the said corporate authorities may from time to time ordain and establish, but in no case to be changed during the official term of any assessor. § 26. Be it further enacted, That there shall be an officer called city engineer, and that the city engineer elected on | the 9th day of January, 1866, in and for the city of Mobile, shall hold his office for the term of three years from the first day of January, 1866, except when a vacancy shall occur in the said office of city engineer by death, resigna- tion, or removal, in which event, a city engineer shall be elected, who shall hold his office from the date of his election to fill said vacancy for the unexpired term of his predecessor, and the said engineer shall be elected by the mayor, aldermen and common council of said city every three years thereafter; he shall keep his office in the municipal buildings, together with all surveys, field notes, maps, charts, diagrams, ete., and all papers, etc., memo- randa relating to his said office of city engineer which may be necessary or proper for a perfect understanding of his acts in his said office, all of which shall be entered by him in suitable books, to be provided by and to be the property of the city, which books shail be at all times open to public inspection, under such regulations as the corporate author- ities shall from time to time prescribe. The foregoing du- ties to be additional to those required under existing laws - CHARTER. 15 and ordinances, for all of which said city engineer shall receive such annual or other compensation as the corporate authorities shall allow. § 27. Be it further enacted, That the assessor and collector Assessor and of taxes of said city shall be freeholders within the corpo- foots” rate limits of said city. Pane Cay: § 28. Be it further enacted, That inspectors may be Ispection. appointed, their duties prescribed, their fees fixed, and inspection regulations adopted by the city authorities of Mobile, for inspection of staves, tobacco, pitch, tar, turpen- tine, rosin, fish, flour, salt, and oil, within the limits of the city. § 29. Be it further enacted, That the boards of aldermen Meetings of and common council, respectively, shall have power to hold qutea. = and to adjourn their meetings from time to time, unless sooner called together by a written notice from the mayor, or the presidents of their respective boards, designating _ the time and place of holding such meetings; they shall each keep a journal of their proceedings, and shall enter the yeas and nays on any question, resolve or ordinance, at the request of any member, and their deliberations shall be public. _§ 30. Be tt further enacted, That the said mayor, alder- Authority to men and common council shall have full -power and ing'ee. of ves. authority to pass all by-laws and ordinances to regulate *** the stationary anchorage and moorings of vessels within their jurisdiction ; To prevent and remove nuisances, Prsvere id oa) And to prevent the introduction of contagious or in- Weve Musances Prevent intro- ees CARE: 5 alent eth Ad Mice Se i fectious diseases within the said city, by regulating the Saney licrataat approach of vessels having sick on board, and the landing the sick, or of articles calculated to produce disease, and by providing one or more places for the reception of the sick, or by any other lawful means whatsoever ; To establish night watches and patrols, Night-watches And to erect lamps; Hott lama To provide for licensing and regulating retailers of License, &c.,re- p lan & AP ge ‘ . tailers, and reg- liquors within the limits of said corporation, and to fix ulate” the sum to be paid for the same, and annulling the same May revoke. on good and sufficient complaint being made against any person holding such license ; 16 GHARTER. License and reg. For the regulating hackney coaches, carriages, wagons, riages, wagons, Carts and drays, and for licensing the same, carts, drays and pawnbrokers. And for the regulating of pawnbrokers within the said city ; To prevent To restrain or prohibit gambling, gambling. ‘ : 2 : License and And to provide for licensing and regulating theatrical regulate theat- rical and public and other public amusements within the city; Regulate, &. To establish and regulate markets, and to rent out the Rentnialls Stalls in the same, Saving and reserving, however, at least stalls. two stalls in each and every market for the use of country To prohibit the ‘ ; sale of meat, People who may attend the same with marketable supplies, oultry, fish, or n a ie F 3 : Fame, except at Aad to prohibit the selling of meats, poultry, fish, or game, e market. : » 4 the market. —_ except at the public market or markets ; To erect and re- To erect and repair bridges, to keep in repair all neces- pair bridges. ery : : To keep inre- Sary streets, avenues, drains and sewers, and to pass regu- pair streets, : 2 a venues, drains lations necessary for the preservation of the same; and sewers, &c. Tilensechim. LO provide for the licensing of chimney-sweepers, and . Xo weep, regulating the sweeping of chimneys and fixing the rates thereof ; ; Toestablishfre Lo establish and regulate fire wards and fire companies; wards and fire + 4 companies. To sink wells and erect and repair pumps in the streets ; To sink wells : F : i Pe ae terkor pans To impose and appropriate fines, penalties and forfeitures in streets. % : : : To impose ana tor the breach of their ordinances or bylaws; fae neon To enact by-laws for the prevention and extinguishmen and forfeitures, REG 4 : eit et SE tay and forfdi’s of fires, and if necessary, to remove or pull down buildings Bae Weannd Ars OF. fences for the prevention of the spreading of the same ; Be preven and To erect or establish hospitals or pest houses, work Rome dewn-ot houses, houses of correction, penitentiary or other buildings tions. gee for the use of the city, or to join with the county of tals, pesthouses, Mobile in the erection of the same, and to have a joint need Bt oom control, over the same with the public authorities of the tentiary. nie county, and to levy and collect taxes, as preseribed by this lect taxes there. ACt, for defraying the expenses thereof, and all other for, and for all " other purposes, WECESSALY PULPOSES ; Toregulatepar: ‘To regulate partition and other fences; and to determine tition and other fences, &e. Dy Whom the same shall be made and kept in repair ; To prevent, To restrain and prohibit the nightly and other meetings nightly anc * : a Es me meetings, or disorderly assemblies of all persons, and to punish for » and disorderly such offences by affixing penalties, not exceeding fifty assemblages of all persons. = dollars for any one offence, and in case of the inability of any such person to pay and satisfy said fine or penalty, and May be confined ; bbe the costs thereon, to sentence such person to labor for said CHARTER. 17 city for such reasonable time, not exceeding six calendar months for any one offence, as may be deemed equivalent to such penalty and costs, which said labor shall be such How desig- ; 7 nated. as Shall be designated by the said mayor, aldermen and Shall haveright ‘ ° to give bond to common council: Provided, That the person so fined shall satisty fine and have a right to give a stay bond, with approved security, °° to pay said fine and costs within thirty days, and if they fail to pay the same within that time, then execution may issue against the obligors on said bond ; To cause all vagrants, idle, disorderly or dangerous and To cauge all va- Bi : . : grants, idle, dis Suspicious persons, all persons of evil life or ill fame, and orderly or dan- ake ‘ : gerous and sus- all such as have no visible means of support, or are likely picious persons, 3 all of evillife, or to become chargeable to the city as paupers, or are found who have novis- : , P . “ ibl f begging or drunk in or about the streets, or loitering in or gipport, or are about tippling houses, or who can show no reasonable UX¢ly to become paupers, or cause of employment or business in the city, all who have (om"¢ begging > ; . : } about the. no fixed place of residence or cannot give a good account of 2? ition . . ? ing about tip- themselves, all who are grossly indecent in language or Tiareeaeaer behavior publicly in the streets, and all public prostitutes, show no reason- or such as lead a notoriously lewd or lascivious course of posta fae life, to give security for their good behavior for a reasonable Blagenk ee time; and to indemnify the city against any charge for their give a good ac- support, and in case of their inability or refusal to give such Spices Racks ‘ security, to cause them to be contined to labor for a limited SURE Beha ‘ : ' . or behavior pub- time, not exceeding six calendar months, unless such security jicly in the treats, and all shall sooner be given, which said labor shall be designated public prosti-_ by the said mayor, aldermen and common council, for the (Ufs.crot lewd or lascivious general benefit of the said city; and that the labor so desig- or eehnty. . ® : “ If unable to give nated may be carried into effect, the said mayor, aldermen Papeete ats ak j 1 a confined to la- and common council shall have power to appoint a person ¢" pk cmraled p or persons to take those so confined and sentenced to labor ing six months. How labor de- from their place of confinement to the place appointed for pire hee their working, and watch them while at labor, and return them before sundown to the place of confinement; and if Repetition of they shall be found afterwards offending, such security may Qesit with xs again be required, and for want thereof, the like proceeding elbte may again be had, from time to time, as often as may be necessary ; To take care of, remove, preserve, designate, and regulate Toestablishand all burying grounds within the city ; rte To regulate weights and measures, appoint inspectors of To regulate lumber, fire-wood, flour, beef, pork, fish, and all other salt weeneen4 3 18 CHARTER. To appoint in. provisions whatsoever; and in order to prevent fraud and spectors of lum- ber, fire-wood, JmMposition by gas pinpamied. power is hereby given to flour, beef, pork, fish, and other’ Create the office of inspector of gas metres, and to define It To percent and regulate his powers and duties by ordinance; and to d , sition by gas” Pass all such resolutions, by-laws and ordinances as they, companies, and or a majority of them, may deem requisite and necessary ona mapeewer of for the good government of the said city, not contrary to To passall such the laws of the State of Alabama. resolutions, by- lawsandordi- — § 31, Be it further enacted, That the said mayor, aldermen nances aS may be necessary. _ and common council shall rave full power and authority .to Toestablishand open ferries’ establish ferries across the river Mobile, within the limits across Mobile river. sch of said city, and regulate the rates of ferriage, to establish 0 estadls and keep open and keep open all sidewalks, drains and sewers, which side-walks, ; drains and sew- they may deem necessary for the convenience or health of it the citizens. Mayorandeach § 32. Be it further enacted, That the mayor and each of anilicotmenren the aldermen, and each member of the board of common tha panck ek 4 council, shall be conservators of the peace in and for the city of Mobile, and shall have power to examine and com- mit, or discharge on bail, all persons charged with criminal offences, in the same manner as justices of the peace, but shall exercise no other judicial functions whatever, and shall Mayor’s author- hot receive any fees or perquisites; and the mayor shall ‘ty as toseame? have authority concurrent with a justice of the peace to arrest and commit to prison deserting seamen and mariners - from vessels in the merchant service, under the provisions of an Act passed at the fifth annual session of the general assembly, entitled ‘“‘An Act in relation to seamen belonging to vessels in the merchant service.” Mayor to see § 33. Be it further enacted, That it shall be the duty of laws executed. +e mayor to see that the eas of this corporation be duly Hold court each executed, and he shall hold a eourt once in each day of the ny, week (Sundays excepted) for the trial of all offenders Shallreport against its laws and ordinances; he shall report the negli- negligence, <4. vence, incapacity, or misconduct of any officer to the boards Shall lay altera. Of aldermen and common council; he shall lay before said tions of laws boards, from time to time, in ath such alterations in peed sug- the laws of the corporation, or measures for its good gov- ernment or interest, as he may deem necessary and proper ; “Salary when and he shall receive such salary as shall be fixed by the set two boards as soon as practicable after the municipal elec- tion held for said city in December of each and every year. CHARTER. 19 § 34. Be it further enacted, That in case of invasion or Im ease of inva- sion or insurrec- insurrection, or when the peace and security of the City tion. mayor may require it, in the opinion of the mayor, he shall have shiaealboatas power, and is hereby required, to call out the volunteer companies of the city in its defence. § 35. Be it further enacted, That the mayor shall, from Mayor shall ap- time to time, appoint such a number of policemen to guard leramober and protect the city as may be designated by the boards of aldermen and common council, and the policemen so appointed shall be subject to his control in the discharge of their duties, and may at any time be removed by him for How removed. any misconduct or neglect of duty, and may also be removed Mayberemoved from office by a joint vote of two-thirds of the two boards °¥ of aldermen and common council assembled in joint con- vention. § 36. Be it further enacted, 'That all ordinances and. reso- Ordinances and lutions may originate in either board, but shall be passed Sipiated aa by a majority of a quorum of each; a quorum for the "2% transaction of business shall consist of not less than a majority of each board; every ordinance which shall have Mayor to ap- been passed by both boards shall be presented to the mayor at eit for his approval and signature, and if he approves and signs the same, it shall become a law, and if he should not gow acted on approve it, he shall return it, with his objections, to the Ye vetee¢. board from whence it emanated, and at its next regular meeting, in case of his non-approval or failure to return as aforesaid, a vote of two-thirds of each board shall make it a law. § 37. Beit further enacted, That the said mayor, aldermen Power to levy and common council shall have power to lay taxes on the ae real and personal estate, auction sales and sales of mer- chandise, capital employed in business, and income, within said city, and a head tax upon all the male inhabitants over the age of twenty-one and under sixty. That the said tax Assessment, upon the personal and real estate be laid in pursuance of '°¥ ™4* an assessment and valuation of the said personal and real estate to be made by some discreet person thereto appointed as assessor by the said corporation, which tax shall be laid in the manner following ; the said assessment or valuation, when completed, containing all the property as well as the names of the owners thereof, shall be lodged with the clerk of the corporation, and the mayor, aldermen and common 20 * CHARTER. » council shall assess so many cents on the dollar, making no Assessment distinction as to any persons, and which assessment or open to public: valuation, together with the names of the persons liable to taxation, with the tax laid thereon, shall be open for inspec- Noticetobe tion to all and every person interested therein, and the a be said mayor, aldermen and common council shall give ten days’ public notice in some newspaper printed within the limits of the city of Mobile that the said assessment or valuation, together with the tax laid thereon, is ready for Objections. inspection, and if any person shall be dissatisfied with said assessment or valuation, or tax laid thereon, he shall give notice to the mayor, aldermen and common council to alter said assessment or valuation, together with the tax assessed. thereon, as to them shall seem meet, (witnesses shall be heard on oath to affix a proper valuation,) but their decision shall be final as to all questions or objections that may be brought before them in reference to the said assessment or valuation, and the tax assessed thereon as aforesaid; and after twenty days have elapsed from giving the notice that the said valuation or assessment, together with the tax assessed thereon, as aforesaid, are ready for public inspec- tion, the said mayor shall issue his warrant, annexed to the tax list, to the collector of the corporation, containing a description of the real estate taxed, together with its valua- tion and the taxes assessed thereon, and also the amount of the personal property valued or assessed to each person, Head tax. together with the tax assessed thereon, and the name of each person lable to a head tax, and the amount of such Sales of mer. head tax laid: Provided, That each person liable to pay Po Nathtk te the tax upon sales at auction and sales of merchandise be made to tax shall, once in every three months, to wit: on the first day of January, first day of April, first day of July, and first day of October, give in, under oath, the gross amount of sales of each three months from the first day of October, 1865, and each three months thereafter, to the city tax collector, whose duty it shall be to collect the tax so laid by the mayor, aldermen and common council; and upon the failure of any person to report such sales for the preceding quarter, then the mayor, aldermen and common council may provide and enforce such penalties as they may deem necessary for the enforcement and collection of such taxes: CHARTER. ; 21 And provided further, That no tax shall be laid upon sales Judicial sales under judicial proceedings, guardians’, executors’ and ad- °°?" ministrators’ sales, and sales of property under the provi- sions of deeds for the security or payment of debt, but it Sales of cotton is expressly understood that the duties of the tax collector, ~~” ha for the collection of sales of merchandise, shall in no wise relate to the sales of cotton. § 38. Be it further enacted, That the taxes’ on real and Assessment personal property, and all other taxes and dues laid and affect of fae assessed by the said mayor, aldermen and common council, “°"” shall have the force and effect of a judgment at law against the individual assessed with the same. It shall be the Tax collector's duty of the tax collector, after giving thirty days’ notice (Wyvrona in some public newspaper printed in the city of Mobile that the city taxes (or the particular tax or due, as the case may be,) are required to be paid to him on or before a certain day specified; if the same shall not be paid, to levy shall levy and on the personal estate of the individual or corporation ~ assessed, and to sell the same, or so much thereof as shall be sufficient to pay the tax assessed, and one dollar to the tax collector for making the levy and sale, and the sale Shall be advertised for the space of ten days at the mayor’s office. § 39. Be it further enacted, That the tax collector may Cottector may sell real or personal property for taxes without the neces- Peeper sity of exhausting the personal property before selling real 8°"! Property: estate, as required by law, either for city or special taxes of any kind. § 40. Be it further enacted, That no prosecution, suit, or No proceeding, . wi des &c., to be affect- claim whatever, pending or to be brought under existing ed by this Act, laws, Shall in any manner be affected, impaired or altered hina, bint de by the passage of this Act. § 41. Be it further enacted, That if any real estate shall Tax on proper- be assessed to unknown owners, or to persons who are Semin known, and the taxes or dues assessed on them shall not °° be paid, and cannot be collected by a levy and sale of personal estate by the means provided herein, within sixty days from the time when the said taxes or dues are re- quired to be paid, then the tax collector shall give notice advertisement in some newspaper printed in the city of Mobile, or by a *™¢° thet printed sheet circulated therewith, and also kept for public inspection at the mayor’s office, as shall be deemed most Form of certifi- cate of sale for taxes. Collector shall put purchaser in possession. Clerk shall keep Sam of certifi- ‘cate. CHARTER. expedient and least expensive to the city, of the lots and real estate on which the taxes are unpaid (describing the same by such numbers and abbreviations as will indicate the lot to be sold), and that he will at a certain time and place, named in the advertisement, proceed to sell such of the lots and lands, upon which the taxes and dues shall not be paid, or so much thereof as shall be sufficient to pay the same, and on the day appointed, or on such day as he may adjourn the sale, the tax collector shall proceed to sell any lot on which the taxes and dues shall not be paid, or so much thereof as will satisfy the tax, and one dollar as a fee for the advertisement and sale, and a certificate . thereof. § 42. Be it further enacted, That the tax collector shall give to the purchaser at such sale a certificate to the following effect: “I, , tax collector of the city of Mobile, do hereby certify that the city taxes for the year 18—, (or the particular tax or-assessment, as the case may be,) being due and unpaid on a lot of land in said city, bounded and described as follows: (here shall be inserted a description of the lot by metes and bounds) I have this day sold the same (or such undivided. fractional part as he may sell) to , who has paid the taxes thereon, amount- ing to dollars, including my fee of one dollar for the said sale, advertising, and this certificate, and by virtue of the authority to me given by law, I authorize the said , and his assigns, to hold the said premises until the same shall be redeemed according to law. Witness my hand, and seal of the corporation, this —— day of ——, 18—.” And the mayor shall cause the seal of the city to be affixed to the said certificate. The tax collector is hereby empowered, and it shall be his duty, to put the purchaser in possession of the premises: sold to him within thirty days after the sealing of the certificate, which shall be evidence of a right to possess the premises therein specified and to retain the possession until the same shall be re- deemed in the manner hereinafter provided. § 45. Be it further enacted, That it shall be the duty of the mayor to cause the clerk of the corporation, or such other person as may be charged with the duties, to record each of the said certificates in a well bound book to be kept for that purpose, before he shall permit the seal of CHARTER. 23 the city to be affixed, and no other fees or charges shall be received for advertising, said certificate, seal and record, than is prescribed by this Act. § 44. Be it further enacted, That any lot thus sold may How property be redeemed within twelve months from the day of sale, Say bere. by any person claiming title, who will deposit with the ““™** treasurer of the city of Mobile, for the use of the purchaser, the amount of the bid and fees so paid and twenty-five per cent. on the same, and thereupon the title created by the certificate aforesaid shall wholly cease and determine, and the purchaser, and all others claiming under him, shall relinquish the possession, and shall, after notice of the said redemption, be deemed unlawful and forcible de- tainers of said lot, and liable as such to any suit or action at the instance of any one entitled to the possession; and the said lot may in like manner be redeemed by any person claiming title at any time after twelve months and within five years from the time of sale, by paying into the office of the city treasurer, as before provided, the amount of the taxes, fees, and interest thereon, at the rate of twenty- five per cent. per annum from the day of sale, and on such payment being made, the title created by the certificate shall cease and determine on the first day of November next after the said payment, and the purchaser, and all Failing to de, others claiminig under him, shall relinquish the possession, twity of wales and, after notice of the said redemption, shall be deemed ‘™ °°" unlawful and forcible detainers, and as such liable to any suit or action at the instance of any one entitled to the possession. § 45. Be it further enacted, That it shall be the duty of Form of certif- ° . ‘ cate to be given the treasurer of the city of Mobile to give any person who by treasurer to shall redeem any lot sold for taxes, a certificate to the fe oe following effect: ‘I, , treasurer of the city of Mobile, do hereby certify that , claiming title to a certain lot in the city of Mobile, known and described as follows: (here shall be a marked description of the lot by metes and bounds) has this day paid into my office, for the use of the purchaser, the sum of dollars, being the amount for which said lot was sold, the fees thereon, and twenty-five per cent. on the same, (or interest on the same at the rate of twenty-five per cent. per annum, as the case may be,) the said lot is therefore redeemed. Witness my hand and 24 Certificate to be recorded. Treasuret’s fee. How tax title may be per- fected. Certificate is conclusive evi- dence. Act remedial. Collector shall be charged with all the assess- ment. How relieved. CHARTER. seal at the city of Mobile, this day of ——, 18—;” and it shall be the duty of the mayor to cause the seal of the city to be affixed to the certificate, which shall be recorded in the same book as the certificates issued by the tax collector; and the treasurer shall be entitled to receive a fee of one dollar for the said certificate. § 46. Be it further enacted, That if the lot so sold shall not be redeemed within the period of five years from the day of sale, the purchaser, his heirs or assigns, may perfect the title to the lot purchased by publishing the certificate issued by the tax collector for the term of three months in some newspaper printed in the city of Mobile, with the following notice subjoined: ‘All persons claiming interest in the above described lot are required to exhibit their claims by commencing suit against me in the cireuit court of Mobile county, within six months from the date of this advertisement, or their claims will be forever barred ;” and if no suit is commenced within the said term of six months, the title under the certificate shall be complete and perfect, and if suit is commenced within six months after the publication of such notice, no damages shall be recovered, nor shall a writ of possession issue in the event of a recovery, unless the plaintiff shail pay the taxes due on the same, and fees and interest at the rate of twenty-five per cent. per annum on the same, and the cost of the advertisement, to be adjudged by the court, on the sugges- tion of the defendant: Provided, however, That no estate of any infant, feme covert, or insane person, shall be barred if they commence their action within three years after the removal of their disability to sue. § 47. Be it further enacted, That the certificate aforesaid shall be conclusive evidence of the regularity of all previous proceedings, and this Act shall be construed as a remedial Act. . § 48. Be it further enacted, That the tax collector shall be charged with and accountable for the whole amount of the assessed taxes for each year, and he shall only discharge himself from such accountability by showing an account of the entire insolvency of the persons assessed, and by show- ing that the amount of his account cannot be collected by the exercise of the means given by the foregoing sections, CHARTER. 25 § 49. Beit further enacted, That such part or portion of Taxes not col- the assessed taxes as cannot be collected by the means seats (hens ve before stated, shall continue a lien on the property assessed until paid, and the tax collector shall be authorized from time to time to offer and expose to sale, under the foregoing provisions, such lots or other property as shall not have the tax paid thereon, and the same certificates shall be given in cases of any subsequent sale, and similar proceed- ings shall be had thereon. § 50. Be it further enacted, That if any purchaser of a Purchaser at lot under a sale by a tax collector shall fail or omit to pay But tees” any subsequent tax or assessment, he shall forfeit all right eihtrand ote under his certificate, and shall be bound to relinquish the {yh te Pree possession, and if the said lot shall be subsequently sold Failing to do so, for taxes, the person so holding under the first sale shall, of unlawful e- after notice, be deemed guilty of unlawful and forcible Sci detainer, and shall be liable to any suit or action at the instance of any person entitled to its possession. § 51. Be it further enacted, That the corporate authorities Power to assess " and collect taxes aforesaid shall have power to assess and collect a tax on on all property all property sold upon the wharves of the city of Mobile, saree me shipboard or on shipboard, or otherwise, before the same shall be Otherwise. be- stored: Provided, This section shall not be construed to Ore sres ota. allow any assessment on cotton, or other staple production, Pie nreductions imported into said city from the interior of the States of {espr' = Alabama or Mississippi. § 52. Be it further enacted, That the corporate authorities Tax on all. pub- aforesaid shall have authority to assess a tax on any public games, &e. balls, shows, exhibitions, theatrical entertainments, billiard tables, nine-pin alleys, ten-pin alleys, bowling alleys, and any and every other public game or public place of amuse- ment, and the amoung of taxes provided for by this section shall be fixed and determined by the mayor and the pre- siding officers of the boards of aldermen and common council, as hereinbefore provided. § 53. Be vt further enacted, 'That full power and authority Power, and col- is hereby given to the corporate authorities aforesaid to ‘°"™ % %* establish such rules and regulations for the collections of the dues, taxes, and revenues hereby provided, and to use all lawful process and proceedings which they may deem requisite to enforce the same, and also to impose such fine 4 CHARTER. or penalty for the violation of any provision of this Act, as they may deem requisite, and collect the same as- other fines are collected. Taxonitinerant § 54. Be it further enacted, That the corporate authorities or transient merchants, and Shall have power to levy a tax on itinerant or transient vessels, Public faith, how pledged. Assessors shall make oath thereof. > Three grades. Duty of asses- sor. Proviso not to extend to licenses for re- tailers, &c. merchants, steamboats, or other vessels, which shall remain in said corporation less than one year, which taxes shall be laid and collected at any time the corporate authorities may direct. § 55. Be it further enacted, That in no case shall the faith of the city be pledged for the payment of money unless it be by a vote of two-thirds of both boards and the sanction of the mayor of the city. § 56. Be it further enacted, That the corporate authorities of the city of Mobile shall have the authority to assess and collect from all persons or corporations trading or carrying on any business, trade, or profession, by an agent or other- wise, within the limits of said city, a license tax, which shall be assessed in three grades; the amount of said license tax for each grade shall be fixed by ordinance, from time to time, as may be deemed necessary, and it shall be the duty of the city assessor to assess and collect, under such ordinance, from the person subject to said license tax, according to their true and proper grades, respectively, and according to his best judgment, with a just regard to the extent, amount, and profits of the trade, business, or pro- fession of the person so assessed; and no person shall be | required to pay more than one of said grades in any one year, nor shall more than one license tax under this Act be assessed against the partners of any firm trading or carrying on any business of said firm, where the firm is assessed: Provided, That nothing in this Act shall be con- strued to apply to or affect licenses granted, or which may be granted, to retailers of liquor, keepers of taverns, | billiard tables, nine-pin alleys, ten-pin alleys, circus, or other theatrical exhibitions for public amusement, auction sales, or sales of merchandise, capital or income, nor shall any tax assessed or paid on real or personal property, or taxes on any other property, by any party, operate as an exemption from such license tax, as herein provided, and all the provisions of the statutes heretofore passed con- flicting with the provisions of this section are hereby CHARTER. 27 repealed: Provided further, That this Act shall not affect Proviso not to any mechanic who employs no capital, but conducts his eae ieee trade solely by his own skill’and attention, without the °"?'°"°* aid of employees. § 57. Be ét further enacted, That in all cases in which Assessment the assessor for city taxes of the city of Mobile shall be cat eye authorized by law to assess the value of real or personal _ estate in said city, the only rule of appraisement shall be the cash value of the property so assessed; and the assessor Assessor shall shall, in all such cases of assessment, make oath or affirma- tenet tion before the mayor of said city, or some lawfully qualified justice of the peace, that he, the said assessor, has valued and set in the tax list the property so assessed by him, according to his best judgment, at its value in money at the time of the assessment, which oath or affirmation shall be written at the end of every such assessment list, and shall be subscribed by the assessor making such assess- ment. § 58. Be tt further enacted, That it shall be lawful for the Powers of mayor, aldermen and common council of the city of Mobile melons to pave, shell, or plank any street or streets, part or parts epi aa Seg i of a street, within the limits ef said city, whenever they deem it expedient, at its own expense, or it may be done How made. upen the written application of the owners of at least one- third in quantity of the real estate located on each side of the street or streets, part or parts of a street, which it may be preposed te have thus improved; which said paving, shelling, or planking shall be done at the expense of the owners of the property located upon any street or part of a street so improved, in such a proportion as that each piece of said property shall pay of the expense of any such improvement a fractional share thereof equal to its front on any such street or parts of a street so improved; and Duty of mayor after such improvement is complete, for the purpose of Helin hea ascertaining the proportion of said expenses to be paid by the owners of such property, it is hereby made the duty of | the city engineer and the mayor of said city to certify in writing the proper amount due from each owner, or piece of property whose owner is unknown, to the tax collector of said city, which amounts, so certified, shall be respect- Daty of tax ively levied on each piece of said property, and shall be aa collected by said corporation in like manner as the taxes 28 CHARTER. on real estate are authorized to be collected under the provisions of this Charter; and when so collected the said tax collector shall pay the same to the city treasurer. Power to pur- § 59. Be it further enacted, That the said corporation chase and pay 2 for realestate. Shall have full power and authority to purchase, and pro- | vide for payment of the same, all such real estate and personal property as may, from time to time, be deemed necessary and proper for the use, convenience, and im- Power tocrect Provement of said corporation ; and full power and author- water works : . : and gas works. Ity 18 also given to construct and erect water works, and gas works, for the purpose of furnishing water and light to the inhabitants of said city. Powers of § 60. Be it further enacted, That in order to carry out the atabnien aa system of wharfage in the city of Mobile herein provided aged sg for, and to establish dockage charges on vessels, and charges on produce and merchandise, the mayor, aldermen and common council of the city of Mobile shall have power and authority to obtain, by contract or purchase, the pro- perty in, or the control of, the wharves and wharf property of the city of Mobile, so far as the same may be practica- ble, and shall have power, if necessary, to issue city bonds bearing interest for the purchase of the same. Toappointcom- § 61. Be it further enacted, That in order to accomplish eh ey said purpose, if found practicable, the said corporation of Mobile shall be authorized to appoint, in such mode and manner as it may provide, a committee of its own mem- bers, who shall be charged, under the control and super- vision of the said corporation, with the carrying into effect of said wharf arrangement, with power to purchase, con- tract for, arrange and compromise m the name and behalf of the city, with all owners of wharves and wharf property, and to make all suitable agreements to accomplish the object aforesaid, so far as the same may be found practi- cable and expedient, under such ordinances and regulations as said corporation may from time to time prescribe. To raise reve- § 62. Be it further enacted, That said corporation shall ttebin’ estal-« have power to raise a revenue from such wharves and soe," ¥°* docks as may be under the control of the said corporation, by establishing and collecting a rate of dockage and wharf charges, to be paid by all persons receiving and shipping merchandise and other property, and by all ships, vessels, steamboats, steamships, and crafts of all deseriptions, CHARTER. 29 trading to, at, and from the port of Mobile, the bay of Mobile, and the rivers and streams emptying into the same, all of which shall be sanctioned by proper ordinances of Said city. § 63. Be it further enacted, That said corporation shall aed arias 2 have power to appoint a proper person as superintendent of wharves; his of wharves, whose duty it shall be to collect and pay out a ae all moneys, under the control and direction of said com- mittee, to keep said wharves and docks in repair, and attend generally to the execution of the orders of said committee. Said superintendent shall give bond, payable Shall give bond. to the corporate authorities of the city of Mobile, in such sum as the corporation may reqttire, conditioned for the faithful discharge of the duties of his office; and the said Power to ap- corporation shall also appoint all such clerks and agents sidageiue al as may be needed, the compensation of all of which, as "°°" well as that of the superintendent, shall be fixed by the corporate authorities. . § 64. Be it further enacted, That in order to enable the Power to levy corporate athorities of the city of Mobile to carry into ceed aie 9 Sb full effect the arrangement contemplated in this Act, said corporate authorities shall have power to levy a special tax on the real and personal estate, and all other property liable to taxation in the city, which tax shall be collected by the city tax collector, under such powers, rules and regulations, as are provided by law for the collection of other city taxes, and paid over by him as fast as collected into the treasury of said corporation; and it shall be the duty of the said corporation to appropriate the money thus received to the building of wharves over such slips as are now, or may hereafter become, the property of the city, or in the construction of a levee or levees, under such regulations and upon such plans as may be prescribed by the city authorities, and in no case or event shall the money thus collected be appropriated to any other use or purpose whatever. § 65. Be it further enacted, That the financial year shall Financial year commence on the first day of January. | i oa neh § 66, Be it further enacted, That the mayor and aldermen Mayer and ‘and common councilmen of the city of Mobile shall, at the noe onmintttes annual convention for the election of officers, elect four” °°" master mechanics of the city of Mobile to be measurers 30 A difference concerning work to be re- ferred to the cemmittee. Mode of pro- ceeding. Proviso. ‘Work not faith- fully dene, CHARTER. and estimators of work, and the said four shall be ealled the Committee of Master Mechanics of the city of Mobile. § 67. Be it further enacted, That whenever any difference arises between persons interested in any work done to or on any building within the city of Mobile concerning said work, whether the same be as to quantity or quality of the work, the said difference shall be, at the suggestion of either of the parties interested, referred to the said com- mittee of master mechanics, in manner and form herein- after provided. § 68. Be it further enacted, That any person or persons wishing to avail him or themselves of the privileges of this Act, shall give notice in writing to the said committee that a difference has arisen between himself and another, or others, touching the quantity of work done or the quality thereof (as the case may be), on any building or buildings (describing the same), whereupon it shall be the duty of the said committee, or a majority thereof, to give notice in writing to all parties interested, if the same be practicable, and if not practicable, public notice in a newspaper printed in the city of Mobile, that they intend, at a certain time and place, to be mentioned in said notice—the time being not less than two nor more than ten days from the service or appearance of said notice—to proceed to measure the quantity, or estimate the quality (as the case may be) of . such work, and at the same time and place so appointed the said committee, or a majority thereof, shall proceed to measure and estimate as aforesaid, and shall thereupon give to the party at whose instance the same was done, and to such others as may require it, a certificate setting forth their doings in the premises; and the said certificate, under the proper hands and seals of the said committee, or a majority thereof, shall be held and deemed in any court in this State evidence as to the quantity or quality of the work in question, and also as to any notice required by this Act: Provided, That nothing contained in this Act shall prevent any person who may feel himself aggrieved by any such survey.from his right of appeal. § 69. Be tt further enacted, That with regard to the qual- ity of any work done, as aforesaid, the said committee shall, when it shall seem to them, or a majority of them, that the same has not been done in a workmanlike manner, CHARTER. 31 barely certify the per centage that shall be deducted in consequence thereof. § 70. Be it further enacted, That any vacancy or vacan- Vacancies, how cies which may occur by death, resignation, absence of ae sixty days or removal from the city, or refusal to act, shall be filled by the mayor, aldermen and common council as other vacancies are filled. | § 71. Be it further enacted, That the said committee shall compensation. be entitled to such compensation as the mayor, aldermen and cominon council shall from time to time establish by ordinance, which compensation the parties interested in said work shall pay, share and share alike. § 72. Be wt further enacted, That all suits brought by Recovery of said committee for the recovery of fees, shall be in the sey name of the committee of mechanics of Mobile. § 73. Be it further enacted, That every member of said oath of oftice. committee shall, before he enters upon the discharge of the duties of his office, take and subscribe an oath faithfully and impartially to discharge the duties of his office so long as he may continue therein, which oath shall be filed in the office of the clerk of the city of Mobile. § 74. Beit further enacted, That the mayor, aldermen and Mayor ana aldermen to common council of said city shall have power and authority, have concur- concurrent with the probate court and overseers of the Sty Goats poor of this State, to provide for the indigent, lame, blind, Toren’ °° and others not able to maintain themselves within said city, and also to bind out as apprentices such orphans and poor children within the limits of said city as, in the opinion of the said mayor, aldermen and common council, may require it, in the same manner and under the same regulations as the probate court and overseers of the poor now do, and require from the masters of such persons that they engage in a covenant, entered into with the said mayor, aldermen and common council, that they will pro- vide for such apprentices such food, clothing, instruction, and edutation as the said mayor, aldermen and common council may require, the same to be specified in such covenant. § 75. Be it further enacted, That there shall be appointed port wardens, ‘by the mayor, the president of the board of aldermen, BOW AUDOUt Nod and the president of the board of common council of the 32 Shall keep records. Duty of harbor master to regu- late ships, boats, &c. To adjust their spars. Penalty for fail- ing or refusing to obey. CHARTER. city of Mobile, on the commencement of each municipal year, five persons, who. shall be denominated port war- dens, one of whom shall be designated as and shali serve as harbor master, all of whom shall devote their whole time to the discharge of the duties required of them by this Act, and for any refusal or neglect thereof, or for improper conduct in the discharge of their duties, the said mayor and the president of the boards of aldermen and common council are hereby authorized to remove them, one or all, and to appoint others in their stead. § 76. Be wt further enacted, That the said harbor master and wardens shall have an office in the city of Mobile, in which shall be kept, for the inspection of all persons therein interested, in a book or books to be provided for that purpose, a full and complete record of all their official acts. § 77. Be it further enacted, That it shall be the duty of the harbor master to regulate and station all ships and vessels arriving within the bay and corporate limits of the city of Mobile, and from time to time to remove such ships or vessels as are not employed in receiving or discharging their cargoes, to make room for such others as require to be moored immediately—accommodating them for the pur- pose of receiving or discharging cargo; and as to the fact of their being fairly and bona jide employed in receiving or discharging cargo, the said harbor master is hereby constituted sole judge; and the said harbor master shall have authority to require masters and others having charge of ships and vessels made fast to any of the wharves, to so adjust their spars that they will not interfere with other vessels, or project over any of the streets in said city, and shall also have authority to determine how far and in what instances it is the duty of masters and others having. charge of ships and vessels to accommodate each other in their respective situations; and if any master or other person having charge of any ship or vessel shall resist or oppose the harbor master in the execution of the duties of his office, such master or other person shall be fined for every such offence a sum not exceeding fifty dollars, to be imposed by the mayor, and collected as other fines, and all such fines shall be paid into the treasury of the city of CHARTER. 33 Mobile; and the said harbor master, in case of sick- In case of sick- ness or temporary absence, shall have power to appoint of after eet one of the wardens, his deputy, who shall be invested Geet eu” with all ‘the powers conferred by this Act on the harbor master. § 78. Be tt further enacted, That it shall be the duty of Duties of har- the said harbor master and wardens, or any one of them, faces ne on application being made to them for the purpose, to Aapoed eta inspect and be present at the opening of the hatches of all Vo" ey ebee® vessels arriving within the bay and corporate limits of the °°" city of Mobile, and to survey the storage of their cargoes ; and in making record, as aforesaid, of such inspection of hatches, they shall state whether they were properly covered and secured, and of cargo, they shall designate every package of merchandise surveyed by marks and numbers, and if such package or packages have appear- — ances of being damaged, they shall state how such package appeared to have received damage. § 79. Be it further enacted, That it shall be the duty of To inspect cot- the said harbor master and wardens, or any two of them, chanaiae when applied to for that purpose, to inspect all damaged cotton or other merchandise arriving in the bay and city of Mobile, and to attend and direct the sale thereof at To attend and 5 Wee : Sage . direct sale of public auction, if in their opinion the damage thereto is damaged goods, sufficient to justify its sale, and the owner or consignee Nt aeeglalaeae thereof orders it. sold under their direction, and to give a Shall give certi- certificate of such survey, and of the correctness of the *“ sales, under their hands and official seal: Provided, That 48 hours’ notice they shall direct and certify no sale of damaged cotton or bas hah other merchandise at public auction, unless forty-eight hours’ notice of the time and place of such sale or sales has been given in one of the newspapers of the city of Mobile. § 80. Be it further enacted, That the said harbor master To survey ves. and wardens, or any two of them, when called upon by the Bderontsenthies master, owner or consignee to survey any ship or vessel, (erred shall have power to employ a carpenter or carpenters to open the ceiling, strip the sheathing, bore the timbers, and perform such other work as shall be necessary to enable them to make a correct survey, and to employ laborers to move, open, cooper, or otherwise arrange cotton or other 5 34 CHARTER. At the expense~Inerchandise they may survey, the expense of all which of owner. Fees for survey For sales and certificate. Proviso. Disposition of revenue, shall be paid by the owner, master or consignee of such ships, or vessels, or cotton, or other merchandise. § 81. Be it further enacted, That for the survey to be performed by the said harbor master and port wardens by virtue of this Act, there shall be paid by the owner, master or consignee of any vessel or cargo, the following fees, to wit: For every ship or vessel that may come within the bay and corporate limits of the city of Mobile and load, discharge, or make fast to any of the wharves in said city, at and after the rate of three cents per ton, to be com- puted upon the tonnage expressed in the register or en- rollment of such ship or vessel; for every survey of the hatches or of the storage of the cargo of any ship or ves- sel, three dollars; for every survey of damaged cotton or other merchandise, ten dollars; for every survey of any ship or vessel, ten dollars; and for attending, directing, and certifying the sales of damaged cotton or other merchan- dise, as required by this Act, they shall be entitled to the following compensation, to wit: On sums of two hundred dollars and under, five per cent.; over two hundred and not exceeding five hundred, two per cent.; over five hundred and not exceeding one thousand dollars, one per cent.; and over one thousand dollars, one-quarter of one per cent: Provided, That the foregoing charges of three cents per ton shall not be paid on flatboats, and that it shall not be required more than once in each year from packets and regular traders between New Orleans and Mobile, and Pensacola and Mobile, and American steamers engaged as regular packets to Mobile, and from steamboats and barges employed on the rivers that. flow into Mobile bay: And provided further, That the number of such port wardens, their fees and rates of compensation, in the port and bay of Mobile, may be changed by said corporate authorities, from time to time, as they may deem necessary and expedient. . § 82. Be it further enacted, That all the revenues arising to the harbor master and wardens for the services required of them by this Act, shall constitute one fund, out of which shall be paid—first, all their office expenses, then there shall be paid to the harbor master the sum of five . hundred dollars: the residue of said funds shall be divided CHARTER. 3D equally between the said harbor master and wardens, share and share alike. — § 83. Be it further enacted, That no person acting aS Qualification. agent or inspector of any insurance company, or any owner or consignee of any ship or vessel, or any person employed by the owner, master, or consignee of any ship or vessel, for any purpose in connection with ships or vessels, except as provided by this Act, or any person who furnishes supplies or material of any description to any ship or vessel, or any person having any direct or indirect interest in the business of auctioneering, shall be appointed a harbor master or port warden. § 84. Be it further enacted, That the harbor master and Harbor master wardens of the port of Mobile be, and they are hereby, ees tartan is authorized to point out and direct where ballast shall be °° ?!#cc¢- discharged in or about the bay of Mobile; and that the penalty. master or officer of any vessel, or other person who may violate such directions, after the same shall have been given or published, and discharge the same at any other than the place or places pointed out, as aforesaid, shall forfeit and pay the sum of five hundred dollars for every such offence, with costs, to be recovered before any court having competent jurisdiction, at the suit of the harbor master, one-half of which shall be paid to the person or persons giving information of the same, and the other half to the use of the city of Mobile. § 85. Be it further enacted, That the boards of mayor, May require aldermen and common council shall have power to require Sota ‘cee na the fencing or enclosing any vacant lot within the limits of the city; to require lots to be cleansed and cleared of all Lots to be such nuisances as to the said boards may seem necessary weaned abcal to be removed; to require sidewalks to be made fronting ‘To require side- any lots within the corporate limits, and in every instance Fe here where no owner or agent can be found to make such clean- {w7er's u ing and improvements, or in case of the refusal or neglect How enforced of the owners or agents to comply with the orders of the Bila tote authorities aforesaid, then the said boards may cause the same to be done, and let out such lot or lots for such term of time as will cover the expenses incurred in so cleansing or improving any such lots, having first given ten days’ public notice thereof in one of the newspapers published in the city of Mobile. 36 CHARTER. Buildingsmay § 86. Be it further enacted, That the mayor, aldermen be regulated. “and common council shall have full power and authority to prohibit and prevent the erection and construction of all kind of wooden or other buildings, except those erected or constructed of brick or stone, and covered with slate or metal, within such limits as they may deem best for the safety of the city. $15 per day | § 87. Beit further enacied, That if any person or persons eso ' shall either directly or indirectly build, or cause to be built, eat or shall knowingly suffer or permit any wooden or other building or buildings, except as aforesaid, to be erected, built, or put upon his, or her, or their lot or lots, within such limits and boundaries as may be designated by the said mayor, boards of aldermen and common council, such person or persons so offending against the provisions of this Act shall, for each and every day he, she, or they shall continue so to offend, forfeit and pay the sum of fifteen dollars, to be recovered before the mayor or any one of the aldermen or common councilmen of said city. Ar itary tay § 88. Beit further enacted, That the mayor, aldermen and other buildings Egmmon council for the time being, and their successors in 1e29 may bere- office, shall be fully authorized and empowered to remove such wooden or other buildings as have been erected since the first of January in the year of our Lord eighteen hun- dred and twenty-nine, except those constructed of brick or stone, as have been or may be erected, built, or put up within the limits to be defined as aforesaid by said corpo- ration, which removal shall be at the expense of the city: Proviso, should Provided, always, That the said mayor, aldermen and. be necessary. common council be of opinion that the protection of said city, and its safety and security from fire, will be inereased Equitablecom. by the removal of said wooden or other buildings: And onto” »rovided, also, That they first pay to the owner or owners thereof such equitable compensation in damages as a jury of freeholders in said city, to be summoned and sworn as in other cases by the mayor for the time being, shall be of opinion that he, she, or they may sustain thereby. Defaulting § 89. Bett further enacted, That for any default of attend- juror, how P"™- ance of any juror who may be drawn and summoned under the provisions of this Act, such juror shall and may be fined by the mayor, or any one of the aldermen or common CHARTER. 37 council, in a sum not exceeding fifty dollars: Provided, Excuse to be That a reasonable excuse made on oath by such defaulting juror shall exempt him from the payment thereof. § 90. Be tt further enacted, That all physicians who may Physicians ap- be appointed by the said mayor, aldermen and common ites health council to carry into effect their ordinances in reference to """°* the preservation of health in the city of Mobile, shall be obliged to give their opinions in writing, when thereto requested by the said mayor, aldermen and common council, touching any contagious or malignant fevers prevailing within the limits of said city of Mobile, or any disease, matter, or thing which affects the health or lives of the inhabitants of said city. § 91. Beit further enacted, That the said mayor, or either Mayor, &e., of the said aldermen or common councilmen, shall issue poe fa his process as a justice of the peace for the city of Mobile saaeeue ‘the for offences committed under this Act, and for a breach of Directea to all or any of the by-laws or ordinances of the said corpora- °° “eer tion, to any police officer of said corporation, who shall bring the offenders, in pursuance of the said process, before the said mayor, or the aldermen or common councilmen aforesaid, and the said mayor, the aldermen, or the common Mayor, &«., councilmen, or any one of them, shall proceed to try the %" °% offenders, and examine all witnesses that.may appear or be subpenaed before him, both on the part of the corporation and on the part of the delinquents, and give judgment as Shall give judg- to him shall appear just and legal; and if the said person Areal how or persons who may be brought before the said mayor, ““”™ aldermen or common council shall be dissatisfied with the decision of the said mayor, aldermen or common. council- men, he, she, or they may forthwith appeal to the circuit or city court of Mobile county, and the said person or persons shall give a bond, with good and sufficient security, to pay and satisfy the judgment, with costs, in case the judgment of the said mayor, aldermen or common council- men shall be affirmed by the said cireuit or city court, and the proceedings thereon shall be as are prescribed by law in other cases of appeal, and in case of the death of the person appealing, the action may be revived in the name of his or her personal representative. | § 92. Be it further enacted, That from and after the pas- Fines, &e., may . ; _ ake A be enforced by sage of this Act, all fines and forfeitures adjudged or exceution, asin 38 CHARTER. casesbefore assessed against any person or persons by the mayor or date: shi a any one of the aldermen or councilmen of said city, under or by virtue of any statute of this State, or of any proper ordinance of said city, may be enforced and collected against any such person or persons by execution, to be issued by the clerk of said corporation, and to be directed to and executed by any police officer of said city, which said execution shall, in all respects except in the direction thereof, as aforesaid, conform to and be governed by, and be executed by, the said officers, to whom the same is to be directed, in the same manner as is required by the laws regulating executions issued by justices of the peace of this State. Survey of city, § 93. Be it further enacted, That the said corporation be, canes a and they are hereby, authorized to cause a complete and were accurate survey to be made of the said city, agreeably to the courses and limits prescribed in this Act, and to estab- lish and fix, from time to time, permanent boundaries at such places as they may deem necessary and proper, for To divide city perpetuating the boundaries of said city, and to cause the into squares. squares into which the city now is, or hereafter may be divided, to be numbered, beginning at such point as the said corporation may designate, and progressing with the Lots. same in the manner they may direct, and also to cause the front and depth of each lot so numbered to be measured To be recorded. and specified on the survey of the said city; and after the said survey shall have been so made and approved by the corporation, the same shall be admitted to record in the office of the clerk of the probate court of Mobile county, or in such office as, at the time of completing said survey, shall or may by law be appointed for recording deeds. New streetsor § 94. Be it further enacted, That it shall be lawful for the alterations. mayor, aldermen and common council of the city of Mobile to make any new streets, or to make any alteration, im- Improvements, provement, or repairs of any already made, at the expense &c., may be " : ‘ 5 5 : madeatexpense Of Said city, or it may be done upon the written application Tact svErtents, of the owners of at least one-fourth in quantity of the & °4 f eet 1: . cei con appl. Property through or over which any new street, alteration, erie hoikces of improvements, or repairs are desired to be made; and it at least one’ st, Shall be the duty of the mayor to give notice of such Al oticg te see application or intended change or alteration of any street, wen for thirty days, in the official journal of the city, in order CHARTER. 39 that persons interested therein may signify their objections to the same; and if after the expiration of such notice, the r objections board of aldermen and common council ordain the making °°" "" alterations, improvements, or repairs of such street, it shall be at the expense of those benefited by the same; and it shall be the duty of the mayor to impannel a jury gury to bo im- of twelve freeholders of the city of Mobile, who shall Pnzced assess the property benefited by and adjacent to the pro- posed new street, alteration, improvement, or amendment, the fractional part of the whole sum paid or expended, or directed by ordinance to be paid or expended, which Assessment a assessment shall be a lien on the property, and collected “°""°™” by the said corporation in like manner as the taxes on real estate are collected under the provisions of this Act; and if the new street, alteration, improvement, or repairs When owners shall be requested by the owners of one-fourth part of the Ne Fi property, in manner aforesaid, and the same shall be made by reason of any ordinance of the corporation, the several parties benefited as aforesaid shall be compelled to con- tribute to the expense of making the same, although the forms prescribed by this section may not have been strictly complied with, and the request and ordinance shall alone be deemed essential to create the claim for contribution: Provided, That the street called and known by the name Proviso, Gov- of Government street shall be, and is hereby declared to (rye iu0 fect be, one hundred feet wide,:and it shall be the duty of the }\4¢; Northern I i ig istine limits, der said corporation to designate and distinctly mark out the nih eae: northern limits of said street according as the same were ment, to be established by the Spanish government, as nearly as can be ascertained by the Spanish records, by the records of the land office, or by any other evidence which they may deem necessary or satisfactory; and the limits, when so ascertained, marked out, and designated, shall be the permanent northern boundary of said street. § 95. Be it further enacted, That the said corporation May change shall have power, and they are hereby authorized, to alter ™™°" *"°°* and change the names of streets of the said city whenever they may deem it expedient, and they shall mark the names, when so altered and changed, together with the original names thereof, on the map of said city. § 96. Be it further enacted, That hereafter the number ono justice of of justices of the peace in and for the city of Mobile shall ope each ward, 40 Justices shall keep docket. At the expira- tion of ofiice to hand over pa- pers to succes- sor. Justices not to keep office in city if elected out of city. Corporation to appoint inspec- tors of election. Vacaney, how filled. Ordinance to raise money by taxation to buy property to lay over six days. CHARTER. not depend on the militia beats, but there shall be elected for each ward in the city one justice of the peace and one constable, by the qualified electors of said ward, who shall hold their office for three years, and be governed by the same rules, in every other respect, that now govern justices of the peace in their powers, duties, and fees, and their terms of office shall commence from the expiration of the terms of office of the present incumbents. § 97. Be it further enacted, That all justices of the peace for said city shall keep a docket, on which shall be entered a note of each case brought before them, and of their orders and doings thereabouts; and that at the expiration of their terms of office, whether by death or otherwise, the said books, together with the papers of their office, shall be turned over to their successors in office, and imperfect orders, proceedings, and judgments may be perfected by the successor of the justice whose proceedings are thus defective. | § 98. Be it further enacted, That from and after the pas- sage of this Act, justices elected in the county of Mobile, beyond the limits of said city, shall not be permitted to keep their offices within the limits of said city. § 99. Be wt further enacted, That the mayor, aldermen and common council of the city of Mobile be charged with appointing inspectors and officers to hold the elections hereinbefore provided for, in the same manner that alder- men are elected; and in case of the death or resignation of any of the justices herein provided, his place shall be filled by election, in the same manner as if his term of office had expired, and reasonable expenses of such elee- tions shall be paid by the county of Mobile. § 100. Be it further enacted, That. whenever it is proposed to raise money by the issuing of bonds, or by increased taxation, for the purchase of real or personal property, or for any other extraordinary purpose, beyond the ordinary and necessary demands for municipal purposes, an ordi- nanee authorizing the same shall be prepared and offered in one or the other of the boards of aldermen and com- mon council, which, when read shall be laid on the table, and further action thereon postponed until the said ordi- nance shall have been published for at least six days. CHARTER. 41 Then for the passage of said ordinance, the yeas and nays Yeas and nays shall be called, and a vote of two-thirds of each of the ®??“!e¢ boards of aldermen and common council shall be requisite, and the approval of the mayor. § 101. Be it further enacted, That all Acts and parts of Repealing see- Acts conflicting with the provisions of this Act be, and °°” the same are hereby, repealed. APPROVED 2d February, 1866. hae wi) cH Manon she : Gaba ee J i ah? 5 seed DS ane “7 oe tying } et ) a DE eS ED | TO Ge Acehy Shy HSER & Pray Tit yt ' iy oie Die xX opal INDEX TO ALDERMEN, Created, - - “ Eligibility of, - Three for each ward, - Election of, = - Term of office, - = Oath of, - - Shall not contract with city, How election contested, Shall elect presiding officer, Shall meet once a week, When president of shall act as mayor, Cause of vacancy, - May call meetings and adjourn, May be called by mayor, Shall keep journal, - Conseryators of the peace, Shall assess taxes, - Power of president to assess taxes on public amusements, Two-third vote to pledge city, Shall draw lots, - CHARTER. Two aldermen of eighth ward elected One alderman of sixth ward elected, - President of, with mayor and president of council, may elect port wardens, ALLEYS. Nine or ten-pin, or bowling ; how taxed, Not affected by license tax, AMUSEMENTS, THEATRICAL AND PUBLIC. Licensed, &c., - - How taxed, - - Not affected by license tax ASSESSOR OF TAXES. Elected, - - Term, and vacancy how (filled, Office in municipal buildings, 46 INDEX TO ASSESSOR OF TAXES.—Continued. Books shall be kept open, - - - : - 14 Shall make assessments, - - - - - 14, 26 Compensation, - - - - - - - 14 Shall be freeholder of the city, : - - - 15 Shall assess license tax on business - . - - 26° In three grades, - - - - - - 26 Shall make cash valuation, - - - : - 27 And make oath thereof, - - - - - 27 ASSESSMENT OF DAMAGES. 1 For shelling, paving or planking streets, - - - St J kf Shall be collected by tax collector, - - a iets 28 ; For opening streets, . - - - - 38, 39 | ASSESSMENT OF TAXES. . Shall be made by assessor, - - - - - 14 Shall be open to public, - - - - - 14 Notice of completion to be given, - - - - 20 Objections, how made, - . - - - - 20 Witnesses may be heard thereon, ~ - - . : 20 Mayor to issue warrant, - - - - - 20 Shall have effect of judgment, . - - - ay. Collector shall collect, - - - - - - 2h Of license tax on business, - - - - - 26 In three grades, i rb dh 4. : 2 96 Shall be cash valuation, - 2 wiih Sura Og - 27 APPRENTICES. City may bind out persons as, - - a VOL AUCTION SALES. How taxed, - me ‘. - iy 19, 20 BALLS. Public, how taxed, - - uw) : i 25 BEGGING. Persons found, how dealt with, - - - ay, BEEF. Inspection of, - . a “ 3 2 17 BILLIARD TABLES. How taxed, : - > - 25 BOWLING ALLEYS. How taxed, - - - « : 25 BLIND PERSONS. Oity has samé power as county officers over, 31 BOUNDARIES. Of city, - 3 : : x ; i a sity. “Ist ward, - - 2 : 2 ¢ 56 46 od éé ~ i v ty m u i 6 (sat REN 9 pla » y ~ 4 ge i G Of igh nits - - “ - - - - 6 FF Ti at hang - - 4 - € : 6,7 EMO GEL ph os - - - - - 3 : 7 ate gn et hl Rs - - “ - “ A 7 afk ol * + thy - . at a A eM as « City may survey and fix, - - - - . 38 BRIDGES. City may erect and repair, - - - - 16 BY-LAWS. May be adopted, - - m . - . 16 Fines, forfeitures and penalties may be imposed for breach of, - J - - - 16, 17, 36, 37 CHARTER. BUILDINGS. City may pull down or remove, - - - “« * prohibit wooden, - - ! 2 «require brick or stone, - - : : Wooden erected since 1829 may be removed, - - BURYING GROUNDS. City may establish, ; : BUSINESS. License tax on, in three grades, - : ~ BRICK BUILDINGS. May be required, . - - CARTS, CABS AND CARRIAGES. May be licensed, CHARTER Of the city of Mobile, - - . - : t Style of corporation, - - - - - a May sue and be sued, - - - ¢ : May hold real and personal property, - - - May establish seal, - - - : x Limits and boundaries established, - - - P Number of wards, - - - - < Boundaries of ward No.1, - - : . © CPL Ties - : - . ss oF MON Ope sie. = - : » ‘ - Sid Gee4, - : 3 ¥ rt SOR Ms Pe - “i c ‘: SN Gn Oy - - , 2 ¥ Ce. Nome wis - i c = on Nog 8} ih acielse - ~ Who eligible to the office of mayor, - - - - Aldermen and common council, - - ts 4 Number of aldermen and councilmen, - : ‘ Mayor, aldermen and councilmen, how elected, - “ Qualification of voters, - - a 2 “ Aldermen to be elected by citizens of their ward, . Vacancies, how filled, - - + . = Aldermen shall draw lots, - = ES r One alderman for each ward elected annually, - - Mayor, &c., to appoint inspectors, ° - - Their duties, - - - . " : P Certificate shall be evidence of election, - - = Oath of mayor, aldermen and councilmen, - - Mayor to give notice of election, - - How to proceed in case of tie vote, - : How long polls to be kept open, - . : Election of members, how contested, . - When mayor’s election contested, . - Aldermen elect president, - - - Shall meet weekly, - - - Aldermen and council judge of qualification of members, - Duties of president of council in case of mayor’s sickness, &c., He failing, to be performed by president of board of aldermen, Duties of both boards in case of death, &c., of mayor, - Mayor shall be resident of the city, - - - © Arnnranaa en ~J SCOTT TVMAMAMBAANNNY AOS ~ a | 10 48 INDEX TO CHARTER. — Continued. Death, resignation, or removal from ward to vacate seat in either board, - - “4 S Vacancy, how filled, - . ee a Officers of corporation, how elected, - Terms of office, when elected annually, - Treasurer to be clerk of council, “ - Tax assessor, how elected, - - - His duties and compensation, - . City engineer, how elected, - - - His duties and compensation, - - Assessor and collector to be freeholders, - Inspectors may be elected, - - - Boards to regulate adjournments, - - Shall meet on call of mayor, - - To pass all by-laws, - - - - Regulate shipping, - - - To remove nuisances, &c., - - - To prevent introduction of disease, To provide places for the sick, &c., - - To establish night watch, &c., - - To erect lamps, - - 5 ; 4 To license retail shops, - 2 2 To fix amount of same, - - . : To regulate hackney coaches, &c., - - Same as to pawnbrokers, - * M To restrain gambling, - - ~ To regulate theatres, &c., - - - To establish and regulate markets, To erect bridges, repair streets, &c., —- - To license chimney sweeps, - - - To regulate fire wards and companies, - - To sink wells, &c., —- - - - To fix penalties, &c., - - - - To enact by-laws for prevention of fires, - To establish pest-houses, &c., —- aM ons fe To levy and collect taxes, = - - - To regulate partition fences, - : ne To prohibit disorderly assemblies, —- ~ Relating to vagrants, &c., - - - How dealt with, - - - ~ To regulate burying grounds, - - - To regulate weights, &c.,°— - . - To create office of inspector of gas metres, - To pass all laws, &c., - - : To establish ferries across Mobile river, - Mayor and aldermen conservators of the peace, To examine suspected persons, - - - Not allowed fees, &c., for same, . - Mayor ex-officio justice of the peace, —- 14, iW ee CHARTER. 49 CHARTER.— Continued. Mayor’s duties, - - - p < 7 18 To hold court every day, - - - - . i8 Sunday excepted, - - - : i 4 18 To report negligence, &c., of officers, - a - 18 His salary, - - - . - - - 18 Ordinances, &c., how originated, - - - - 19 How passed, - - - - - : = 19 To be approved by mayor, - - - : , 19 When not approved by him, how disposed of, - - 19 Boards to levy taxes, - - - - 2 if 19 Lists of assessments to be filed in clerk’s office, - - 19, 20 To be open for inspection, - - L 2 90 Ten days’ notice to be given, - . : a 20 Duty of mayor or boards relative to assessment, - - - 20 Assessment to have effect of a judgment, - - a 21 Collector’s duty as to same, - - - 2 : 91 . His duty as to unknown owners, - - ‘ 4 21 Collector’s title to purchase, - - 3 a é, 929 _To put purchaser in possession, - - ~ y 99 Clerk-of the corporation to record the collector’s certificate of title, - - - - - ' ~ 92. 93 How lots sold by collector redeemed, - - e 23 Treasurer’s duty, - a = ao dhyrntiy R 93 Lots not redeemed in five years, title perfect, - - 23 Duty of purchaser, - - - ‘ i 93 Proviso as to minors, &c., —- - - F t 24 Certificates conclusive evidence, - - Z : 24 Collector liable for whole amount of assessment, - - 24 How to discharge himself fromsame,_ - - LE é 24 Taxes not paid, alien on property, - - - Q 25 Collector’s duty as to same, - - - : z 25 Purchaser failing to pay subsequent taxes forfeits property, - ob Tax on itinerant merchants, - - - - X 26 Public faith, how pledged, - - - : ( 26 Power to assess business licenses, : -— é zs 26 Duty of assessor as to licenses, - - & L 26 Assessment cash valuation, - - E : 97 Assessor to make oath, - - . S 4 97 Power to pave and shell streets, - - - G ‘ 27 Duty of mayor and engineer as to streets, - - - 97 Duty of tax collector as to streets, - - - - 27, 28 Corporation may purchase real and personal property, - 28 Corporation may erect water works, . - : : 28 Corporation may erect gas works, - - - s 28 Power of mayor and boards as to wharves, - : : 298 May establish dockage on vessels and wharf charges, - 28 Financial year fixed, - - - ‘ ‘ a 29 Committee of mechanics, how elected, - - ol 29 Their mode of proceeding, oe “ 3 7 2 30 7 50 INDEX TO CHARTER.— Continued. Oath of office and compensation, - - - Power of city as to indigent poor, - - Harbor master and port wardens, how appointed, - Their duties, - - - - - Their compensation, - : - - Corporation may require lots to be enclosed, —- How requirement enforced, - : - May regulate buildings, - - - - Defaulting jurors, how punished, - - Board of health appointed, - - - Their duties, - - - - - Mayor to issue process as justice of the peace, Fines may be enforced by execution, - Boundaries and limits of city fixed, - - May be divided into squares and lots, - New streets or alterations of streets, how made, Government street 100 feet wide, - - May change names of streets, - - - One justice of the peace for each ward elected, 3 9, 40 Manner of passing ordinance to raise money by issuing of bonds, 40, 41 CLERK. Shall notify persons elected, - - 3 Shall record certificate of sale of property for taxes, Shall record certificate of redemption, - : Shall take ballots, - - Ps : CERTIFICATE. Of election, - - = tm E Of sale for taxes, - i ae - - Clerk shall record, - = Fs i Treasurer shall give to person redeeming property, Clerk shall record, - “ . Me CHIMNEY SWEEPS. City may license, CITY ENGINEER. Election of, and his duties, COMMON COUNCIL. Created, - - - - Eligibility of, — - : : : One for each ward, - - :, Election of, - - - A Term of office, - “ ~ Vacancy, how filled, - in % Oath of, - - - - Shall not contract with city, - - How election contested, - : Shall elect presiding officer, - . Shall meet weekly, - - - When president shall act as mayor, - Cause of vacancy, - - : May call meetings and adjourn, - - May be called by mayor, - . ae ell oe aol or GW WwW WwW ®W . ‘ CHARTER. 51 COMMON COUNCIL.— Continued. Shall keep journal, - - - - . : 15 Conseryators of the peace, - - - - - 18 Duty as to assessment of taxes, - - - - - 20 Power of president to assess taxes on public amusements, &c., ps) Two-thirds vote to pledge faith, - - - - - 26 President of, with mayor and president of board of alder- men may elect port wardens, - - - - ol, oe CONTRACT. Members of the corporation shall not, with city, - 10 CONTESTED ELECTIONS. How tried, - - - - - - - 11 Proceedings thereon, - - : - - 112 CONVENTION. To elect all officers and agents, - - - - 13 Fix compensation and duties, - - - - - 13 And may remoye, - - - - - - ‘13 DISEASE. City may prevent introduction of, - »~ B.- 15 DISORDERLY, DANGEROUS AND SUSPICIOUS PERSONS. How dealt with, - - - - - - 17 DRAY. May be licensed, : - - - - - 16 DRAINS. City may keep in repair, - - - - - - 18 «establish, &c., - - - - - 18 DRUNK. Persons found, how dealt with, - . - - 17 DOCKAGE. To provide for charges of, - - : - 28 ELECTIONS. For mayor, aldermen and common council, - - - 8 Qualification of voters, - - - - - 8 Vacancy, how filled, - - - - - - 9 Aldermen, . - - - - - - 9 Vacancy, how filled, - - - - - - 10 Three inspectors appointed,. - - - - - 10 Certificate of election, - - - . - - 10 Mayor shall give notice of, - - - ° - 10 Inspeetors may keep peace, - - - > 105.11 Duty of sheriff and police at, - - - - 10 If a tie, inspectors’ duty, - - - - - 11 Polls to be kept open in charter elections from 8 to 4 - 11 When certificate of filed with clerk, he shall give notice, - 11 Municipal, how contested, - - - - - 11 Testimony, howtaken, - - - . - - 11 Ballots to be handed to clerk, > - - - 11 Notice of contest; fees - - - - - 11,12 Trial and judgment, - - - - - - 12 Convention shall meet for, of officers and agents, - - 13 Term of those annually elected, - - - . 13 Of justice of the peace, - - - : - 39, 40 Inspectors to be appointed, - - - - - 40 EXHIBITIONS. How taxed, - ‘ - “ “ 25 52 INDEX TO FENCES. May be removed or pulled down, . Partition may be regulated, _ - - ey City may require lots to be fenced, - FERRIES. City may openand establish, - - FISH, Inspection of, — - - - - Sale of may be prohibited, except in market, FLOUR. Inspection of, - - - FINANCIAL YEAR, - a % FINES. May be imposed and appropriated, - For failing to pay revenue, - : - How may be enforced, - - . FIRE WARDS. Establish may, - - - FIRE COMPANIES. “. “ - 3 FIRES. . City may prevent and extinguish, . FIRE-WOOD. Inspection of, - - - FORFEITURES. May be imposed and appropriated, GAMBLING. May be prohibited, - - GAME. Sale of may be prohibited except in market, : GAMES. Public, how taxed, - . - GAS WORKS. Powertoerect, - ae - GAS METRES. May be regulated, - - GOVERNMENT STREET. Shall be 100 feet wide, HARBOR MASTER. Klected, - - - - . Wardens elected, - - - - Shall have office and keep records, - Regulate ships, boats, etc., - - : Penalty for refusal to obey, - - - Sickness of, warden to act, - - - To inspect and survey, - - - To inspect cotton and merchandise, - . Direct sale, etc., - - aes - To survey vessels, - - - - Fees for survey, - - - - Fees, - - - _— - - Disposition of revenue, - - . No one connected with an insurance company to be, Direct where ballast to be discharged, - Penalty for, - - - 3 - HEALTH. Preservation of,’ - ie “, HEAD TAX. On citizens, - - - HOSPITALS. City may erect, &c., - - HOUSE OF CORRECTION. City may establish, HOUSE, PEST. City may establish, - « WORK. City may establish, -- . IDLE OR DISORDERLY PERSONS, How dealt with, @ ww %~ ie) ie) nr 16 CHARTER. 53 INSPECTORS OF ELECTIONS. Three appointed, - - - - - - 10 Shall give certificate of election, - : - - 10 May keep peace, - - - - - - 10 Duty, when there is a tie vote, - - - : - 11 Ballots to be deposited with clerk, - - - - 11 For election of justice of the peace, - - - 39, 40 ILL FAME. Persons of, how dealt with, - - - 17 INDECENT CONDUCT. How punished, - - - - 17 INSPECTION. | Of staves, tobacco, tar, pitch, turpentine, rosin, fish, flour, f oil, How city may establish, - - - - 15 Of salt and oil. City may establish, - - - 15 Of lumber, fire-wood, flour, beef, pork, fish and salt pro- visions. May be appointed by city, - - 17,18 INSURRECTION OR INVASION. In case of, mayor may call on volunteer regiment, - . 19 JUSTICE OF THE PEACE. Mayor, aldermen and councilmen vested with certain powers of, - - - - - - 18). 37, Duties therein, and appeal, - - - ~ ‘8 on Fines may be coerced, as in cases pending before, - 37, 38 One for each ward, forthree years, - ~ = x 39, 40 Shall keep docket and hand over to successor, - ~ = 40 JUROR. Defaulting, how punished, - - - - AIP BG. 37 How summoned, &c., - - - = * i 36 JUSTICES. Elected out of city, not to hold office within, . - 40 City appoints inspectors of election, - - - AO LABOR. When imposed as a punishment, - - es 16,) 17 LAMPS. May be erected, -, . - - “ . 16 LANGUAGE. Indecent, in streets, how persons guilty of may be punished, - - - - - - 17 LASCIVIOUS LIFE. Persons of, how punished, : - 17 LAME PERSONS. City has same power as county officers over, - 31 LEWD PERSONS. How dealt with, - : q a 17 LICENSE. City may, retailers, hacks, carriages, wagons, carts, drays, and pawnbrokers, - - - > . - 16 Chimney sweepers, - - - - - - 16 Tax on business, - - - - - - : 26 In three grades, &c., - - - - - - 26 LOITERERS. About tippling-houses, how dealt with, - - 17 LOTS. City may require fences, - - . - - 35 A sage cot ‘* to be cleaned, - - - ” 35 Side-walks to be made before, - - - - Ns May be surveyed, - . - - - - 38 LUMBER. Inspection of, - : - - - - 17 54 INDEX TO MAYOR OF MOBILE. Created, - - - = 3 i % Eligibility of, - - - - wl ‘ Election of, - - - - - & a Term of office, - - - ~ “ ‘ Vacancy, how filled, - . - - - - Oath of, - - - - = . ‘ Shall not contract with city, - - - . . To give notice of election, - - “ . How election contested, - - - i : Who shall act for, when he is incapacitated, - - In case of vacancy, - - - - ‘4 . Shall reside in city, - - - 4 i May call boards together, - - - ‘ . Conservator of the peace, ° - - ~ z Powers as to seamen, » - - 3 i Shall see laws executed, - a é . Hold court every day, - - - c _ Shall report negligence and incapacity of officers, - Shall lay before boards, in writing, such alterations and measures as he deems proper, &c., - - - Salary, - - - a = be if Duty in case of invasion, insurrection, &c., - - Shall appoint watchmen and police, - - Powers and duty as to ordinances and resolutions, - - Duty as to assessment of taxes, - - - = Duty as to assessment of taxes on public balls, shows, exhi- bitions, theatrical entertainments, billiard tables, nine and ten-pin alleys, bowling alleys, and public games, and amusements, - - - - 2 Duty as to shelling, paving and planking streets, —- “ With president of council and president of aldermen, elect port wardens, - - - - - MARKETS. City may establish, - - - - x ’ May prohibit sale of meat, poultry, fish or game, except in Shall reserve two public stalls, - _ < ~ MEAT. Sale of, may be prohibited, except in market, - MEASURES AND WEIGHTS. City may regulate, - . MECHANICS, MASTER. Committee of four appointed to measure work, - Duties, - - - 4 ‘ 2 PS Mode of proceeding, = - : - 3 é Determine as to quality of, - - - . 2 Vacancies, how filled, - - - - H Compensation, - - - . s 2 How recovered, - - - x Z 4 Oath of office, WAT = as 4 " MILITARY. Mayor may call out, - - . Ais 30, 31 CHARTER. 55 NIGHT WATCH. City may establish, - - am : _ ; 15 Mayor shall appoint, - _ - - * - 19 NUISANCES. City may prevent and remove, . - - - - 15 Pie a om 0 4 from lots, - - ° 35 OFFICERS. To be elected by convention, - - - - 13 Of police, appointed by mayor, - - - - . 19 Term of where annually elected, - - - - 13 OIL. Inspection of, - - - = , Oe * 4 15 ORDINANCES. : May be adopted, . - - ; 3 a 18 Fines, forfeitures, and penalties may be imposed for breach of, = - - - - = 16,25, 37, 38 May adopt all necessary, - - - x . 18 How originated and passed, - - - - - 19 ORPHANS. City may bind out, - - - . 4 a1 PATROLS. City may establish, - Rh tae : 15 PAVE. City may, streets, - - - - . - 97 PHYSICIANS. Appointed to carry into force health ordinances, - - 37 Shall give opinion in writing, - - - - 37 PAWNBROKER. May be licensed, - . - - - 16 PAUPERS. Persons likely to become, how dealt with, - - - 17 City has same powers as county officers over, = - - 31 PENALTIES. May be imposed and appropriated, - - - - 16 AT ikl, age ZA to collect revenue, Tee - - 85 PENITENTIARY. City may establish, - - - - 16 PEST-HOUSE. City may establish, - - - - - 16 PITCH. Inspection of, - - - - - -- 15 PLANK. Streets, city may, - - - - - . ml PORK. Inspection of, - - -. . . - 17 PROPERTY. City may hold, - - - - - - - 5 May tax real and personal, = - . - - 16, 19 Tax on sold at auction, - - - * - x 19 POLLS. To bekept open in charter elections, - - - 11 POLICE. Duty of at elections, - - - - - - 10 City may establish, - - - . - 157 19 Mayor shall appoint, &c., = - - - - - 19 Shall execute process, - - - - - - 37 PORT WARDENS. (See Harsor Master,) - - - 31 POULTRY. Sale of may be prohibited, except in market, - - 16 PROSTITUTES. Public, how dealt with, - - iY! - 17 PROFESSION. License tax in three grades, - : - 26 PUBLIC AMUSEMENTS. May be licensed, - - . 16 56 INDEX TO PUMPS. May be established in streets, QUALIFICATIONS. For mayor, aldermen and common council, Councilmen shall reside in ward, - Of voters, - “ ‘ BS ‘‘ -foraldermen, - - Aldermen shall reside in ward, RETAILERS. May be licensed by city, RESOLUTIONS. City may adopt all necessary, How originated and passed, - ROSIN. Inspection of, © - SALT. Inspection of, power for, - Provisions, - “ - SALE. Of meat, poultry, fish, or game, may be prohibited, except at market, - - At auction, how taxed, - Of property, befored stored, how taxed, SHERIFF’S DUTY. At elections, SECURITY. To be of good behavior, SEAMAN. Mayor may hear and determine as SEAL, CITY. May be established, - SEWERS. City may keep in repair, fe City may establish, - 3 SHOWS. How taxed, - : SHELL. City may, streets, - SIDE-WALKS. City may establish, : > fF UR red aire) - “ STYLE OF CORPORATION, - STAVES. Inspection of, power for, STALLS. City may rent market, - - Shall be two public, - : STREET. Drunk or begging in, how punished, Indecent or disorderly, &c., conduct, City may keep in repair, - May pave, shell or plank, - Duty of mayor and engineer as to, Tax collector shall collect assessment, - How new, or alterations on streets, may be made, - How made, - - - Government, shall be 100 feet wide, City may change name of ~ - Squares, city may be divided into, SUE AND BE SUED. City may, CHARTER. SUPERINTENDENT OF WHARVES AND DOCKS. TAX. Appointed, and duties, - - - - . . Compensation and bond, - + - « ' Assessor elected, - - ~ = - a Term and yacancy, how filled, - - - - Office in municipal buildings, - - - ‘ ‘ Books shall be kept open, - - - * “ Shall make assessment, - - . - - Compensation, - - - : 7 x Shall be freeholder in city, - - a . 4 Collector shall be freeholder in city, - - = City may levy and collect, to carry out its powers, - - May tax auction sales, sales of merchandise, capital and income, May levy on real and personal property and poll tax, - Valuation shall be cash, - - ~ = - Assessment, how made, - - - “ - E Assessment open to public, - - - : _ oS notice of to be given, - = x - os objections to, how made, - - - a witnesses may be heard, - . - - & mayor shall issue his warrant, — - . - Collector shall collect, = - - - - . bs ‘¢ may sell real or personal property, without exhausting personal, - - = 2 a A = On property of unknown owners, how collected, . : Form of certificate of sale for taxes, - - - : Collector shall put purchaser in possession, - - - Clerk shall record certificate, = - - = b a How property sold for may be redeemed, - - - Person failing to surrender possession guilty of unlawful detainer, Form of certificate to person redeeming, - . . How titles may be perfected, - - - a pe Certificate is conclusive evidence, - « ° = Collector shall be charged with all of the assessment, - + How collector may relieve himself from charge of assessment, Remains a lien until paid, - - = ie é Collector shall from time to time offer for sale, - - Purchaser failing to pay taxes, forfeits his claim, and shall yield possession, - - : 2 = = Failing to do so, guilty of unlawful detainer, - 28 Superintendent of, - - - - - - 7 29 Duties, bond and compensation, - - - - 29 Tax may be levied, . - - - - - 29 WORK-HOUSE. City may establish, - . - - 16 WORK. Measurers of, and duties, - - . - - 29,30 Mode of proceeding, - . - - ‘- 30 Determine as to quality, - . - - - - 30 Vacancies, how filled, - - . . . 31 Compensation, - - - - - - = 31 How recovered, - - » - * - 31 Oath of office, - - aa fae - . . 31 WOODEN BUILDINGS. May be prohibited, - . . : - - 36 Erected since 1829, may be removed, - > : - 36 WOOD, FIRE. Inspection of, - : - ” > 17 YEAR, FINANCIAL, - . -’ - - - “ - 2g Rene oe i, ae a ion aind 2 ee iM pA tia la ee oe oe “4 pepe ane Caf Yuk sen, oe ae ss 2 Sidi nse “shoo ie. pg TAR roel Sy -: gibius i fo Givarenhe | ea 2) OO jetbaaneilt 3 olathe + i yoghan oF ane chm: | 4 allt wot salogean fe Mir oatinan aren : he O Davauowe ies 4 a ig ne &) obit Yor heed oars HORT IT, HANGO y rainy Aatiatilorrg Od Cahir ya foro ge ‘eet ‘Genk ‘anata Bara 9a Le RE ia he De soliongeal Hai adr S| : Balak MABE > pert Lota @ md ey y ¢ re ahs Bi ind i ‘a > i ie Py at Sant ist: oo5 a tii. ih tok : ‘ae a ¥ ¥ 3 r& b TKD. i Kei raf 5 =i | ' Oe iia plik oy ED eta Meet 7 gi : at ; a + Shea Seah ~eraear’ Fe 4p 4 Te a a. Pas Fi : ie ~_ * s Tog + a . ** a OT ue Pee “Pi oR ee V4 \ See ea ogy? ‘> 1 Lee ee a re) ae “i 3 oe f 1 sit tA Pa Pen se eet es Oe rt es : i : Lf ite ty AN ORDINANCE TO ADOPT THE COMPILATION OF ORDINANCES. § 1. Be it ordained, That the following ordinances, com- piled, revised, and codified by Reuben A. Lewis, Esq., be and the same are hereby adopted and approved: CHAPTER I.—Ordinances. An ordinance respecting ordinances. ARTICLE I. City seal, - - - . =) BS Wak ARTICLE IJ. Publication of ordinances, — - ae ARTICLE III. Mode of enforcing, - 2G ARTICLE LY. General provision, - - § 26 CHAPTER I.—Attorney of the City. An ordinance to create and define the duties of city attorney, - - CHAPTER Ui.—Balls, Bells, Drums, Fire Crack- ers, Rockets, and Mites. An ordinance to regulate and prohibit cer- tain balls, bells, drums, fire crackers, rockets, and kites, - - . - eset CHAPTER IV.—Burying Grounds. An ordinance regulating burying grounds. ARTICLE I. General regulations, - - = 3 42 ARTICLE II. City sexton and his duties, - § 47 CHAPTER V.—Carts, Drays and Wagons. — An ordinance respecting carts, drays and wagons, - : - - - - - § 50 CHAPTER Vi.—Coaches, Carriages, Cabs. An ordinance respecting coaches, car- riages, cabs, &e., —- : - . - § 38 6 COMPILATION OF ORDINANCES. CHAPTER VIL—Chimney and Chimney Sweeps. An ordinance to regulate chimneys and chimney Sweeps, - - - - - CHAPTER VIUL—Clerk of the City. - An ordinance to create and define the duties of city clerk, - - . - CHAPTER IX.—Factories. An ordinance to regulate the establishment of soap and candle factories, - - —- CHAPTER X.—Fences. An ordinance to regulate partition fences, CHAPTER XI.—JSivres. An ordinance concerning the fire depart- ment. ARTICLE I. Fire department organized, — - ARTICLE II. Precautionary measures, ARTICLE IIL. Board to investigate the origin of fires, - . - - - CHAPTER XIL.—Gaming. An ordinance respecting gaming, — - zs CHAPTER XIII.—Hawking and Peddling. An ordinance respecting hawking and ped- dling, - - - - - = - CHAPTER XIV.—HAHealth. An ordinance to secure the public health. ARTICLE I. Board of health, - - - ARTICLE II. Duty of citizens, - - - ARTICLE III. Quarantine, - - : - CHAPTER XV.—Hospiials. An ordinance for the regulation of hos- pitals. ARTICLE I. City hospital established, - — - ARTICLE II. Officers and duties, ARTICLE ITI. Regulations, - -~ - ARTICLE IV. Pauper lunatics, « - - ARTICLE V. Private hospitals, - - . Ber § 68 § 70 wel $172 § 94 § 98 § 99 § 102 § 104 § 106 § 113 ——————— COMPILATION OF ORDINANCES. CHAPTER XViL—Houses, Public. An ordinance to regulate and license inns and public houses, - - - - - CHAPTER XVII.—Jnspection. An ordinance to provide for the inspection of hay, lumber, liquids, fire-wood, staves, gas metres, standard of grain, weights and measures, work on builings. ARTICLE I. Inspection of hay, - - - ARTICLE II. Inspection of lumber, - - ARTICLE UI. Firewood, - : - - ARTICLE IV. City Gauger, - - . ARTICLE V. Staves, - - - - - ARTICLE VI. Gas metres, - - - ARTICLE VII. Weights and measures, - ARTICLE VIII. Standard weight of grain, ARTICLE LX. Work of buildings, - - ARTICLE X. Flour, - : - : , CHAPTER XVII.—Jurors. An ordinance to punish defaulting jurors, CHAPTER XIX.—Lots. An ordinance respecting vacant lots, - CHAPTER XX.—WMarkets. An ordinance to establish and regulate markets. ARTICLE I. Markets established, - - ARTICLE II. Renting and allotment of stalls, ARTICLE III. Election and duties of clerk of market, - - - - - : - ARTICLE IV. Regulations, - - - CHAPTER XXIL—IMiktary. An ordinance to establish an armory for the 1st volunteer regiment, - - - CHAPTER XXIT.— Milk. An ordinance to prohibit the sale of im- pure milk, - - - - - “ CHAPTER XXITI.—Patrol. An ordinance to establish citizens’ patrol, § 138 Ot Ee He Co et oO i ol ~~ bo Cr MMM OM UMMM Ww eg ae WD DUI ns) = bt mn ko =] 78 COMPILATION OF ORDINANCES. CHAPTER XXIV.—Pawnbrokers. An ordinance concerning pawnbrokers, - § 211 CHAPTER XX V.—Police. An ordinance respecting the city police. ARTICLE IJ. General regulations, — - - § 214 ARTICLE II. City prison, - - - - § 227 ARTICLE III. Secret fund, - - - § 236 CHAPTER XX VI.—Ctty Porter. An ordinance creating the office and de- fining the duties of city porter, - - § 239 CHAPTER XXVII.—Powder. An ordinance to regulate the keeping of gunpowder, - - . - : - § 241 CHAPTER XXVIII.—Property of the City. An ordinance respecting the city property. ARTICLE I. Municipal buildings, - ARTICLE II. Public squares, — - - - ARTICLE IIL. City property, . - - CHAPTER XXIX.—Public Pounds. An ordinance to provide for the-impound- ing of animals, - : - - - § 275 CHAPTER XXX.—Public Safety. An ordinance defining offences affecting public safety or convenience. - - § 289 CHAPTER XXXI.—Public Morals. An ordinance prohibiting vagrancy, quar- relling, riotous, immoral and disorderly conduct, - - - - - : - § 292 CHAPTER XXXII.—Sabbath. | An ordinance to regulate the observance of the Christian Sabbath, = a - § 298 CHAPTER XXXIII.—Shows, Theatres, Exhibi- tions. Lr tr bo bo bo op) ma CO An ordinance to regulate shows, theatres, pxhibitions, Sci" 9 -aae sis aes ee BOS COMPILATION OF ORDINANCES. CHAPTER XXXIV.—Street Railroads. An ordinance to regulate the building of passenger railways in the city of Mobile and their uses, - - - - CHAPTER XXX V.—Streets. An ordinance regulating streets. ARTICLE I, To establish, open and repair streets, . - - . - - ARTICLE II. Regulation of streets, - - ARTICLE III. Shelling, paving and Dee streets, - - - - ARTICLE IV. Regulation of ee raes - ARTICLE VY. City engineer, - - . - ARTICLE VI. Street Commissioner, CHAPTER XXX VI.—Taxes and Taxation. _ An ordinance to provide for the assessment and collection of taxes. ARTICLE I. Assessor and assessment of taxes, - - - - - - ARTICLE II. Tax collector and collection of taxes, - - - - - - ARTICLE III. Assessment and collection of license taxes, - . - - - - CHAPTER XXXVIL—Treasurer. An ordinance to provide for a city treasurer, CHAPTER XXXVIIU.— Water Works. An ordinance TPEDECUR EW the city water works, - - . . CHAPTER XXXIX.— Wharves. An ordinance respecting wharves, and the wharf and water fronts, - - CHAPTER XL.— Work House. An ordinance establishing a work house, house of correction, and working for the benefit of the city; and prescribing rules and regulations therefor, 79 § 314 § 328 § 333 § 344 § 352 § 363 § 369 § 370 § 181 § 388 § 395 § 416 80 COMPILATION OF ORDINANCES. And that all ordinances and parts of ordinances con- flicting with the ordidances contained in this Code of Ordinances, be and the same are hereby repealed. ‘§ 2. That this ordinance and Code of Ordinances shall not take effect until the mayor shall make proclamation thereof, stating the day that it shall be in force. § 3. All licenses, fees, taxes, charges, salaries, commis- sions, required to be paid or received, by any existing ordinance, and not herein changed, shall remain as they now are until otherwise provided. APPROVED July 13th, 1866. J. M. WITHERS, Mayor. Attest : ; WumertTELD TURNER, City Clerk. PROCLAMATION, MAYOR’S OFFICE, CITY OF MOBILE, July 16, 1866. WHEREAS, By the code of ordinances for the city of Mobile, heretofore adopted by the boards of aldermen and common council, and approved by the Mayor on the 13th day of July, 1866, it is provided therein that said code of ordinances, styled ‘“‘ The Code of Ordinances of the City of Mobile, compiled by Reuben A. Lewis, pursuant to an order of the Mayor, Aldermen and Common Council,” ‘¢ shall not be in force or take effect until the Mayor shall make proclamation thereof, stating the day that it shall be in force.” Now, therefore, be it known that I, JONES M. WITHERS, Mayor of the City of Mobile, do hereby declare and pro- claim that said code of ordinances, adopted and approved as aforesaid, shall be in full force and effect on and after the 23d day of July, A. D. 1866. ~—, In witness whereof, I have hereunto set my hand Buea aucatiead, thes seal oi tis Gitte of Mobile, to. te affixed. Done at the Mayor’s office, in said City, on the 16th day of July, A. D. 1866. J. M. WITHERS, Mayor. . . wm Attest: WHITFIELD TURNER, City Clerk. Il t 1 aes ‘aes heats om jee ae area al a ne ath re ih Ai B p / r A one te -s r Wis ae } oh Sam ihe ‘aa os é " ony C8) fe ae “ivi AY fay st? * th j 1 3 OM ome amen: aap AS ses MEA gs Ps Seer ah Bees ach Say AMER ts “% rn 7s | ? yee 19 ’ 1 ey ov ai vedi pas ihe vie gma fae vs i ee SIR Se in NSS AUTRE £3 ae edie. “ E ‘wigncaathy Fon an Navi gies ste aa ee tne dwesite ta nities sth te seth fs, henley At, ea’ Mane Aare anal te segat, “ihe od Havorqetis Gch, finciag evitties ope ie i ae AbAg: THE det} eel Saberer epee 3h, oe kahit ew ren a a tO Palys CHEt coh cari A abe, Oa Diba ance nih ori i Cen sk oh al pane) : ahi! bv muir. eh: dea liegainn 2 HAG pe eae Memerobl Anam: sth to salle 8 Ae pee (Rte RELRE sy dbitosk: tee ie . ions a aN is Oe ate heli: Aly ; oe Seale ee ek ROR ‘ ‘ Mga) anys pestle Steet fsa bs ea +o xen ah ee, ny : ot { be Melt ap rae ‘i f ; ; eerie |)» a ty Brie va We ie Hidptag® 1 te det eetion! a Faw Taken before me, JONES M. WITHERS, Mayor. § 25. Form of commitment: STATE OF ALABAMA, County of Mobile. To the Jailor of Mobile County: On examination of A. B., charged with the offence of ,it appearing that such offence has been committed, and that there is sufficient cause to believe that ane ts guilty thereof, } Mayor's Office of City of Mobile. You are therefore commanded to receive him into your custody, and detain him until he is legally discharged— admit to bail in the sum of $ | Dated day of , 18 JONES M. WITHERS, Mayor. § 24. For each bond taken and approved, there shall be collected the sum of fifty cents, which shall be accounted for by the officer receiving it to the chief of police, who shall pay the same over as other moneys of the city are paid. 25. Whenever an appeal bond has been taken and approved, it shall be the duty of the chief of police, or acting chief of police, to forthwith deposit the same with the city attorney, together with a transcript of the case from the mayor’s docket, signed and certified by the mayor, and a list of the witnesses to establish the charge, and all the facts of the case within his knowledge. GENERAL PROVISIONS. 91 ARTICLE IV. GENERAL PROVISIONS. § 26. Be it ordained, That where the word ‘“ conven- Convention. tion” is used in these ordinances, it shall mean a conven- tion of the mayor, aldermen and common council of the city of Mobile, or in the absence of the mayor, the acting mayor shall be the presiding officer of the convention. § 27. That the words used in these ordinances in the Meaning of cer- tain words i in past or present tense, include the future as well as the this code, past past or present. Words used in the masculine gender pee i include the feminine and neuter. The singular includes {fy Speut" the plural, and the plural the singular, the word ‘‘ person” Person. includes corporation, as well as natural person, writing Writing. includes printing on paper, oath includes affirmation, oath. signature or subscription includes mark, when the person Signature. cannot write, hisname being written near it and witnessed by a person who writes his own name as a witness. The word ‘property ” includes real and personal pro- Property. perty. The words “real property” are co-extensive with lands, Real property. tenements, hereditaments and permanent fixtures thereto. The words “personal property” include money, goods, Personal pro- chattels, things in action, evidences of debt, bills, bonds, vhs notes, deeds, and conveyances. , The word ‘‘vessel” shall include steamboats, steamers, vessel. boats, barges and all water craft. § 28. That the municipal year shall commence on the Municipal year. first Monday in January in each year. The municipal year for the commencement of the terms of officers, not otherwise expressly provided for, shall commence on the first day of January, in each year. § 29. All official bonds shall be made payable to the oficial ponds. mayor, aldermen and common council of the city of Mobile, and shall require security, and be conditioned ‘Faithfully to perform the duties of his office according to the provisions of the charter of the city of Mobile, and all orders, ordinances, by-laws, and resolutions of the mayor, aldermen and common council of the city of Mobile now in force or hereafter to be made, to the satisfaction of the said mayor, aldermen and common council.” ; ORDINANCES. § 30. The form of the bonds of the city officers and Official bond Form of oath. agents shall be in substance as follows: STATE OF ALABAMA, City of Mobile. Mayor’s Office. We, , acknowledge ourselves to be indebted to the mayor, aldermen and common council of the city of Mobile, and their successors in office, in the - sum of dollars, for the payment of which, we bind ourselves and our heirs, executors, administrators, and assigns, jointly and severally, by these presents. Signed with our hands and sealed this day of : in the year of our Lord one thousaud eight hundred and On the condition, that whereas, the said , was on the day of , A. D. 18, elected (or appointed) by the (mayor, aldermen and common council) of the city of Mobile, , for the municipal year ending on the thirty-first day of December 18 If he shall well and truly execute and perform all of the duties of the said office according to the provisions of the charter of the city of Mobile, and all orders, ordi- nances, by-laws and resolutions of the said mayor, alder- men and common council of the city of Mobile, now in force or hereafter made, to the satisfaction of the said mayor, aldermen and common council, then this obligation to be null and void, otherwise to remain in full force and effect. [L. S.] [L. §.] [L. 8.] Witness. rors} ASAD: But: § 31. Every officer in the service of the city shall take the following oath (or affirmation) before he shall discharge any of the duties of his office: I solemnly swear, that I will support the Constitution of the United States, and of the State of Alabama, and the charter and ordinances and by-laws of the city of Mobile, while I remain a citizen thereof, and that I will ATTORNEY FOR THE CITY.” 95 truly and faithfully execute and discharge the duties of of the city of Mobile to the best of my knowledge and ability, so help me God. Subscribed and sworn to before me, } this day of 1s JONES M. WiTHERS, Mayor. § 32. When any vacancy occurs in any office, it shall be Vacancies, how filled at once. In the case of the mayor or any one of the aldermen or common council, as is provided by the charter. | In all other cases, by the body or persons originally elect- ing or appointing. And the mayor is authorized to fill all vacancies until such election or appointment. hee In every case, the mayor is authorized and empowered to; Mayor may sus- suspend any officer or agent of the city from the discharge °°" of any or all of his duties, until (where the officer is elected by the convention) the boards of aldermen and common council shall direct such officer to resume his duties. In all other cases, for such time as he may see fit, or he Mayor may may remove such person from office. Aer ey § 33. That a complete record shall be kept in the office Record of ordi- of the clerk of the city, of every ordinance, by-law and be kept fr the: joint resolution of the city, with the date of approval and “5% publication, and all proclamations of the mayor, with full and complete indexes thereto. = CHAPTER II. ATTORNEY FOR THE CITY. An Ordinance to create and define the duties of City Attorney. § 34. Be tt ordained, That there shall be elected annually yyection of by the convention, a city attorney, whose duties shall be 4ttomey and To institute and carry on all actions at law, and in equity, Conduct suits. in favor of the city, to final judgment, and to defend all suits brought against the city where a defence should be made. 4 ORDINANCES. Appearandat- ‘T'o appear before the police court, when notified by the tend at police court when mayor, and prosecute all. persons charged. with a violation fee! Y of any law or ordinance of: the city. Investigate To investigate all titles on behalf of the city, when re- ’ titles. : . quested, and furnish reports thereof. Togiveopinions To give his opinion in writing on questions of law to the mayor, and boards of aldermen and common council, when- ever requested. To write con- To reduce.to writing all contracts where. the city is a pee party, and approve such written contracts before the same are perfected. To inform the To furnish the mayor with a statement in agenrols if ace et required, previous to the trial of every case pending, where the city is interested, fully advising him as to the legal points, the testimony necessary for the city, and all other confidential matters, relating thereto. To inform the To furnish the mayor and both boards with a written eee statement of suits pending, wherein the city is interested, at least twice in each year, and oftener if necessary. To pay over all To pay over all money collected by him as attorney for ahs the corporation, within five days after the collecting thereof. Attorney to § 35. He shall keep a record of all official opinions given PEE ina by him in writing, with the request therefor, and an index account book. thereto; and an account book, showing all claims placed in his hands for collection, all moneys received by him on account of the city, and all payments made by him into the city treasury. Also, adocket | He shall also keep a book or docket in which he shall of cases, . : : : enter an abstract of all suits pending, and all judgments in favor of, or against the city, in tabular form, substantially aS follows: Names of parties, suits when brought, in what court, nature of action, names of witnesses, abstract of proof for the city, what steps taken at last term, what preparatory steps necessary for next term, cause of contin- uance at last term, amount of judgment, date of execution, to what officer delivered, when returnable, the judgment Books tobe how Satisfied, or what other return, remarks, &c.; all of delivered to his successorin Wich books and docket shall be delivered by him to his sees successor in office. Books to be It shall be his duty, as soon as practicable after the pas- provided by the t . . ° city. sage of this ordinance, to procure the books above indica- ted, at the expense of the city, and to enter on the docket BALLS, BELLS, DRUMS, &C. 95 book all judgments remaining unsatisfied in favor of the city, and to use all practicable and proper efforts to collect the same. That for the collection of all judgments rendered, prior Fees for collec. to his election, he shall be entitled to a commission of ten °°” per cent, Assistant counsel may be employed in any case, at the Assistant coun- diseretion of the mayor and the presidents of the two eas ilar boards. § 36. That he shall give such bond, and be paid such Bondanda salary, payable quarterly, as the corporate authorities may “""™ from time to time determine, CWA DPE hh. Lit. An Ordinance to regulate and prohibit Balls, Bells, Drums, Fire Crackers, Rockets and Kites. § 37. Be it ordained, That it shall not be lawful for any masked or pub. person to give or hold any masked or other public ball, or Ze pirciendne any party where licentious or disorderly persons may con- Bormtted by gregate within the city, unless with consent of the mayor in writing, under penalty not exceeding fifty dollars. § 38. That no person shall ring any bell within the city Bells larger of Mobile, larger than an ordinary hand bell, except it be ae ee bene church bells, tavern, shipping, or steamboat bells, and bells giving an alarm of fire, insurrection.or riot, and the market bell, under penalty not exceeding twenty dollars. § 39. That no drum shall be beaten in the city, except on No drum to be occasions of military, fireman and society parade, under?" °*°P~ penalty of not exceeding twenty dollars. § 40. That it shall not be lawful for any person to fly any Unlawful to fly kite in the city of Mobile, under penalty of not exceeding fifty dollars. § 41. That it shall not be lawful, for any person to dis- No person abil explode fire ‘charge or explode any fire crackers, rockets or fire works, crackers or : . - , rockets, &¢, in the streets or on the side walks, without the consent of the mayor, under penalty of not exceeding twenty dollars, ORDINANCES. Established, Bodies not to be buried at any other place. _ Persons owning lots shall con- form to regula- tions. Penalty, Unlawful to tie horse or mule to any tree or shrub, Treasurer shall open an ac- count, ‘the cemotry fund.” - To pay to sex- tou monthly. To improve grounds. CHAPTER IV. BURYING GROUNDS. An Ordinance regulating Burying Grounds, ARTICLE I. GENERAL REGULATIONS. (JI, CITY SEXTON AND HIS DUTIES. ARTICLE I. GENERAL REGULATIONS, § 42. Be it ordained, That the three lots of land lying in the city of Mobile, and now used as burial places, be and are hereby established as public burying grounds. § 43. That the bodies of deceased persons shall not be buried at any other place within the limits of the ‘city, under penalty of not exceeding fifty dollars. § 44. That all persons owning lots in said cemetries shall in fencing the same and in planting trees or shrubs, con- form to the regulations adopted by the city, under penalty of twenty dollars, and such fence, tree or shrub shall be removed. § 45. That it is unlawful to hitch or tie any horse, mule, or other animal to any ornamental tree or shrub, that is or may be planted in either of the burying grounds, under penalty of ten dollars. § 46. That the city treasurer shall open an account to be known as the cemetery account; crediting such account with all money received from the city clerk for the sale of lots and permits, orders, &ec., and charging the same, with the amount paid to city sexton, clerk, and expenses proper- ly appertaining thereto. It shall be his duty to pay to the city sexton monthly, on an order signed by the mayor, all money reported by the sexton for fees for interments in the city cemeteries, first deducting therefrom twenty per cent, of said amount. This sum of twenty per cent., together with all other sums accruing under this ordinance, shall be set apart for the improvement and embellishing of the city cemeteries. 3URYING GROUNDS. 97 Two hundred dollars of it shall be first set apart for the 200 for clerk. extra payment of the city clerk. The amount received for embellishing the city cemeteries Improvements shall be expended under the direction of the joint committee putisd oe of public grounds and property, who shall report such P*)Y? sounds: expenditures to the boards. The treasurer shall pay the amount so expended on an How expended. order signed by the mayor and chairman of the committee. The treasurer shall make monthly reports to the boards Treasurer to 7 - ; ake month] of the receipts and expenditures of the cemetery fund. repentant ARTICLE II. CITY SEXTON AND HIS DUTIES. § 47. That there shall be elected annually in convention Sexton clected. a city sexton, who shall give such bond and receive such Bona. fees or compensation as the corporate authorities may from time to time determine. His duty shall be to take care that the walls and fences are not injured, To keep the walks and inclosures of the cemetery clean Keep walks, and in good order. wih ees) re To permit no encroachments to be made therein, and no defacing of tombs or monuments, or profanation of any kind to take place. He shall direct or oversee the digging of all graves and Direct the dig. cause each grave to be dug at least five feet deep, and to be £25 % piaced in conformity to the plan or plot of the grounds and avenues, and to be so dug that all monuments may face the respective avenues, unless otherwise directed by the mayor. The decision of the mayor shall be his guide in all cases mayor to decide of disagreement with any lot owner. on He shall cause every grave to be properly covered, and He shall be noti- - fied of the open- every tomb or vault properly opened and closed; and in ing of graves case of the remoyal of a body from the graveyard, by any 3h Gnova ore other than the city sexton, he shall first be notified, and the city sexton shall record the removal and see that the grave or vault is properly filled or closed; and if the re- moval be from one lot to another in the graveyard, it shall be done by the city sexton exclusively, and he shall receive reasonable compensation therefor. 15 YS ORDINANCES. Keep map. He shall keep a map of the grounds with all the names of the lot owners, names of avenues and walks, which map must be kept ciean and neat, and at the expiration of his term of office, shall be deposited by him with the city clerk. Paupers to be § 48. The city sexton shall bury such paupers, free of ee charge to the city, as the corporate authorities may from time to time determine, and shall furnish a plain pine coffin therefor, and carry the corpse from any point in the city to the new cemetery and there deposit it in the grave. Wo pody suibe § 49. That no “body” or ‘‘ corpse” shall be removed for interred with- out a certificate interment in the city cemeteries, or in any cemetery out of ee ag the city, without first having obtained the certificates of Physician shall the attending physician, or of two eitizens, stating the give certificate. ; 4 4 Sea ee ee : name, age, sex, color, nativity, disease of the deceased, and date of death, and if the physician refuses or neglects to give such certificate, he shall be fined such sum as the In case of mayor may inpose, not exceeding fifty dollars. Or in case ‘de Ae y lence, Of death by murder, fraud, force, violence, or casualty, then the certificates of the coroner, or jury, which certificate Clerk tomake Shall be presented to the city clerk, who shall thereupon register os enter the particulars set forth in the certificate, the num- order burial. er of the lot or place wherein the corpse is to be interred, in a book properly kept, known as the “‘register of deaths ;” the clerk shall then issue the permit and order for burial directed to the sexton, and require the payment of such fees as the corporate authorities may from time to time determine. Incase of sick. 1n case of sickness of the clerk, and on the Sabbath day, ween muay act He May provide the sexton with blank permits to be used when necessary. The sexton shall be held accountable for their lawful application in the same manner and to the same extent as the clerk. City clerkshal! The city clerk shall pay over to the city treasurer weekly opived t> —-s Al Moneys received by him by virtue of this ordinance, erhiir 8 er and shall make report of the same to the boards. He Shall keepmap. shall keep a map similar to the one kept by the sexton, He shallse—! Upon which he shall make the same entries. It shall be the lots, &e- ‘his duty to sell any lot or lots, and issue deeds therefor. Salary. of lore: For all of which services he shall receive the sum of two hundred dollars per annum, payable quarterly out of the cemetery fund. CARTS, DRAYS, WAGONS. 99 It shall be the duty of the city sexton to keep at. his Sexton to keep y of register office a copy of the “register of deaths,” and to make a of deaths, ret monthly and annual report to the boards of aldermen and oaks only common council of all of the particulars contained therein. ' It shall not be lawful for the city sexton to be interested Not to be in- either directly or indirectly in the purchase or sale of any mae are lot in the city cemeteries except for his own family use. For the violation of any of the provisions of this ordi- nance, he shall be fined not exceeding fifty dollars. The clerk shall issue permits for the burial of paupers Clerk to issue without any fee, but he shall require a certificate from the yak sexton, signed by the attending physician or by two ered- ible citizens, that deceased was a pauper. CHAPTER V*. CARTS, DRAYS, WAGONS. An Ordinance respecting Carts, Drays, Wagons, &c. § 50. Be it ordained, That the owner of each and every License. dray, cart or wagon kept for hire or employed in hauling, or used for any purpose within the limits of the city, shail obtain a license to run such dray, cart or wagon, to be issued by the mayor under the seal of the corporation, and countersigned by the clerk, and shall give such bond, and Bona. pay such sum for said license per annum as the corporate authorities may from time to time determine. The clerk shall number said licenses, beginning with No. Clerk shall 1, for each, and terminating in each case with the highest er nk number issued during the term of one year, commencing on the first days of January, April, July or October of each year, and terminating first day of January thereafter. This ordinance shall not extend or apply to wagons and Polite extend to produce carts employed in hauling for the owner, the products of wagons, &c. his farm, and wagons and carts used for private family use where no money is received, nor to carts employed solely in the service of the city. § 51. That the owner of every dray, cart or wagon re- Owner to num- quired to take out a license, shall cause the same to be hae numbered on both sides with the number of the license 100 Clerk to keep a book of names. Bonds given shall be entered and kept in a ~ book. Transfers to be entered. Driver of cart or dray com- pelled to take joad, Penalty. Load defined. ORDINANCES. issued for said dray, cart or wagon, with plain and con- spicuous figures, such as may be furnished by the clerk of the city. No dray, cart or wagon shall be used without being so- licensed and numbered. § 52. That the clerk of the city shall keep a book in which he shall enter the names of all owners of drays, carts or wagons, and the number and date of each license, and also a book in which shall be entered all the bonds given by them for the faithful performance of their duties as public carriers, which book shall also contain a complete index of the names of the principal and sureties. That every sale or transfer of any dray, cart or wagon shall be made known to said clerk at his office, and he shall make an entry thereof; and if the owner fail or neglect to notify the clerk, of the sale or transfer, within five days thereafter, the license is declared to be forfeited. § 53. That every driver of a cart or dray used for public hire, when unemployed, shall go to any place in the inhabited part of the city to which he may be directed, and there load his cart or dray, and shall not refuse to take such load to such other place in the inhabited parts of the city as he may be required, under penalty of not exceeding fifty dollars. § 54, That every driver of a cart or dray shall, if required, take upon his cart or dray a full load and no more. A full load is 3 bales of cotton. 5 barrels or 20 kegs of lard. 1 hogshead of tobacco. - 30 bushels of corn. 1 hogshead or 5 barrels of sugar. 2 tierces of rice. 3 barrels of molasses. 10 coils bale rope. 8 sacks coffee. 12 pieces bagging. 5 barrels pork or other salted provisions. 8 barrels loaf sugar. 5 barrels mackerel. 8 barrels flour. 8 barrels coal. 4 bales hay. CARTS, DRAYS, WAGONS. 101 RRS Es RMT ae ela Md tad SA Ae en 5 barrels potatoes. 4 bales moss. 8 barrels beans. 12 kegs nails. 10 boxes tobacco. 2 casks bacon. © barrels tar. 7 sacks salt. 6 barrels rosin. 40 bushels of oats. 1 pipe brandy. 8 barrels apples. 2 casks claret or other liquor. 4 barrels whiskey or other liquors. And a load of any article not enumerated, or of which only a part is enumerated, shall not exceed in weight fifteen hundred pounds. § 55. That every driver of a cart or dray shall be entitled Drayage ana to demand and receive of the person who employs him “"*° ** such fees or compensation as may from time to time be determined by the corporate authorities. Any person who shall charge more than the rates fixed penalty. by the corporate authorities, or shall otherwise violate the provisions of this ordinance, or who shall aet improperly or corruptly in the performance of his duty as a public carrier, he shall be fined in such sum as the mayor may impose, not exceeding fifty dollars, and the mayor may, at Mayor may revoke license his discretion, revoke his license. for overcharg- ing, &e. § 56. That every driver of drays, carts, wagons, and Driver of cart, carriages of burthen or pleasure, driving in and through Pak ey cate the streets, lanes and alleys in the city of Mobile, where f/8) side ot there is sufficient room for two to pass, shall keep on that side of the street, lane or alley which is on his right hand in the passing direction, under such penalty as the mayor Penalty. may impose, not exceeding fifty dollars. § 57. That no person shall sit or stand in or upon any Shall have dray, cart, wagon or carriage of burthen or pleasure, or on * "=" any horse or beast harnessed thereto, unless he shall have strong reins or lines fastened to the bridle of the horse or beast, and held in his hands, sufficient to guide and restrain them from running, galloping or going at immoderate speed through the streets, lanes, or alleys of the city. 102 Not to gallop, &c. License for cab, &e. Hack and cab hire. Penalty for overcharging, &c.; mayor may revoke license. Penalty for refusing, to carry persons. To be number- ed on lamps. ORDINANCES. That no person driving or riding any horse or beast in the city shall permit or suffer such horse or beast to go in a gallop or other immoderate gait. CHAPTER VI. COACHES, CARRIAGES, CABS, &c. An Ordinance respecting Coaches, Carriages, Cabs, &c. § 58. Be it ordained, That the owner of every carriage, hack, cab, omnibus, buggy, gig, or sulkey, kept for hire or for the conveyance of passengers, shall pay annually in advance into the city treasury, such sum for license or licenses as the corporate authorities may from time to time determine. Which shall authorize them to run within the city under the regulations and penalties of the city ordinances. § 59. That the drivers of such vehicles shall be permitted to charge such compensation as the corporate authorities may from time to time determine, and shall not be permit- ted to charge double rates after 10 o’clock at night. Any person who shall charge more than the rates fixed by the corporate authorities, or shall otherwise violate the provisions of this ordinance, or who shall act improperly or corruptly in the performance of his duties as a carrier of passengers, baggage, or other property, shall be fined in such sum as the mayor may impose—not exceeding fifty dollars—and the mayor may, at his discretion, revoke his license. § 60. That any owner or driver of a carriage,: hack or cab, who shall refuse either to a number of persons, or to a single person, to convey him or them according to the provisions of this ordinance, shall be fined not less than five nor more than fifty dollars. § 61. That every carriage, hack or cab, shall have the number of the same painted on the lamps, in figures, in a conspicuous manner not less than three inches long and | properly proportioned. COACHES, CARRIAGES, CABS, &C. 105 § 62. And said lamps shall be lighted every night, Lamps to be moonlight or dark, at dusk, and continue so lighted w hile pee in the streets or elsewhere on hire, under penalty of not Penalty. less than five nor more than fifty doilars, to be imposed on the owner or driver. § 63. That it shall not be lawful for any owner or driver Not to stand in of any carriage, hack, cab, buggy or vehicle kept for hire Heeling my or the conveyance of passengers or otherwise, to occupy Sosentot with the same, any place or stand in any of the streets of °Y"” the city, in front of any dwelling house or store, against the consent of the owners or occupants, longer than is necessary to set down or take up passengers, except in the places hereafter designated. It shall be the duty of all drivers of public vehicles, Driver shall when employed in conveying passengers, and during the caicenieoperth time they are waiting for passengers or employers, to con- duct themselves in a quiet, peaceable and orderly manner. To take up and set down their loads as expeditiously as Duties of possible; to give way for the drivers of other vehicles to deposit or receive their loads; and not to encumber or block up any passage-way or street; to avoid all collisions or interference with other vehicles, and to avoid all conten- tions, disputes, altercations and affrays with other drivers or persons. It shall be the duty of every driver of a public vehicle, while at the stands, to remain in his seat or within ten feet of his horse’s head; and on all and every occasion of leaving their vehicles they shall leave their whips in them, and it shall not be lawful for any driver of any vehicle to Shall not sleep sleep in the same while on the public stand. pouie meena: § 64. That no person shall engage in racing with car- sap at bh riages or public vehicles, or drive at a speed to endanger fined.” the safety of persons of passengers. § 65. That every owner or driver of a public vehicle shall Driver to keep é : é f . é a copy of this obtain from the city clerk a printed copy of this ordinance, érdinance and any amendments thereof hereafter made, at the time Bee ie of getting his license, which he shall keep at all times posted or hung up in a conspicuous place inside of his ve- hicle for the inspection of his passengers. § 66. That the public stands for carriages, cabs, and other Where public public vehicles for the conveyance of passengers and bag- ames ar i gage, and public use, shall be fixed at the following named 104 ORDINANCES. places, viz: On the east side of Royal street, between Government and St. Louis streets, up to 12 o’clock M.; on the west side of Royal street, between Government and St. Louis streets, atter 12 o’clock M.; on the west side of St. - Joseph street, between Dauphin and St. Francis; on the north side of Government street, between Royal and St. Emanuel streets ; and on the south side of St. Louis, be- tween Royal and Water streets ; and not elsewhere. Shall not re- And if any owner or driver of any public vehicle stop in cance front of any store, dwelling, or other house, other than papinstor those fronting such public stands for a longer time than is necessary for taking up or putting down a load, or waiting for an engaged load, or shall violate any gther provisions Penalty. of this ordinance, he shall be fined such sum as the mayor Vehicles may may impose, not exceeding fifty dollars: Provided, This Sfulucsot Shall not prevent such public vehicles from standing in Seen} front of any places of public amusement at night. CHAPTER VII. CHIMNEYS AND CHIMNEY SWEEPS. An Ordinance to regulate Chimneys and Chimney Sweeps. Chimneyama § 67. _Be it ordained, That it shall be the duty of each ate owner or occupant of every house, within the limits of the f : ; . if boildinesto, city, to Sweep, or cause to be swept, at least once in every have chimney Soton ts three months, every chimney in which he, she, or they Penalty for habitually keep a fire; and if any chimney shall take fire on through neglect of being properly swept and cleansed, the occupant of the house, room, or apartment to which such chimney appertains, shall pay such fine as the mayor may impose, not exceeding fifty dollars. License may That upon the application of any person, a license may chimney sweep. be granted to carry on the business of a chimney sweep, He shallkeep Which shall be deemed a third grade license; and such per- an office. ; son shall have an office or place of business where he can be found, or where orders may be left by any resident de- Compensation. Siring to have his chimney cleansed, and he shall be authorized to charge for such service such sum as may be just and reasonable. CLERK OF THE CITY. 105 CHAPTER VIII. CLERK OF THE CITY. An Ordinance to create and define the duties of City Clerk. § 68. Be it ordained, That there shall be annually elected Elected. by the convention, a clerk of the city, who shall give such Bona. bond and receive such salary as may be from time to time Salary. established by the corporate authorities, and keep his Oftice. office in the municipal buildings, where he shall attend from 9 o’clock A. M. till 3 o’clock P. M. of each day. Whose duty shall be: To keep a correct record of all the proceedings of the Duties. board of aldermen and common council. To attend at all the meetings of the board of aldermen, and make proper entries and records of all orders, resolu- tions, ordinances, opinions, and proceedings of the board. To keep a separate book, in which shall be entered in full all ordinances, by-laws, and joint resolutions adopted by the city, with full and complete index thereto. To carefully file and preserve in his office all books and papers which may be delivered to him by virtue of his office, and to mark and number such papers. To keep at all times the office free and accessible to any person having a right or claim of business therein. He shall notify the city printer of all called or special shai notify meetings of the board of aldermen, or meetings of a con- Ciletorspecial vention, and report to the mayor any failure of the city Pens’ {ne printer to have a reporter present at any called or regular ©o7ve" meeting of the said board or convention. He shall cause to be printed, on appropriate cards, the Duties of clerk. ordinance to regulate ‘coaches, carriages, cabs, We.,” and at the time of issuing a license to any owner, agent or driver of a public vehicle, he shall deliver with the license a copy of such printed ordinance to such owner, agent or driver, to be posted up in each public vehicle; such cards shall contain a list of the rates or charges for such public vehicles, established by the corporate authorities, conspic- uously printed thereon. 14 106 Shall keep a bulletin board ORDINANCES. He shall, as soon after the passage of this ordinance as of all the taxes, practicable, make out and at all times keep on a bulletin fees and charges which affect the public. Shall make the appropriate changes on bulletin board. Fees to be paid to clerk. board, for public inspection, a complete and accurate list of the rate of taxes on real and personal property and. sales, and rates of licenses on business pursuits and pro- fessions, and rates of all other fees, deeds and licenses ; also a complete and accurate list of the rates of charges allowed to be demanded and received by all owners, agents or drivers of public vehicles, of all kinds, for the convey- ance of freight and passengers. He shall from time to time, as such taxes, licenses, or other charges are changed by the corporate authorities, make the appropriate change on the bulletin boards, so that the public may at all times, by reference thereto, know what is the law on those subjects. He shall also, at the same time, make out and furnish to the chief of police a like list, to be kept on a bulletin board at the police office for the inspection of the public, and make the appropriate changes on that list when necessary. To perform all other duties required by the city ordi- nances or by-laws. | § 69. That he be required to demand and receive the foliowing fees, which shall be paid by the applicant to the clerk, who shall pay the same to the city treasurer: For issuing license for each dray, cart, wagon, car- riage, or other vehicle, - - - - . - $1 00 For issuing license for retailing spirituous liquors, - 2 00 For any certificate required by any person, — - . 50 For any copy of the records, or of any papers in the office under one hundred words, — - . . - 50 For any copy over one hundred words, at the rate of 50 for the first hundred words, and thirty cents for each additional hundred. To perform all other duties generally, under the direction of the mayor, which clerks of cities are required or accus- tomed to perform. FACTORIES—FENCES. 107 CHAPTER IX... FACTORIES. An Ordinance to regulate the establishment of Candle and Soap Factories. § 70. Be it ordained, That no person shall establish with- not to ve in the city, the boiling of any materials for the manufacture S\inout license. of soap or candles, or any factory of soap or candles, unless he shall first obtain the written certificate of the board of health that the location which he has selected for that purpose, will not prove injurious to the health or comfort of the neighborhood. This certificate shall be submitted to the mayor, and if he approve of the location, he shall grant a license for the establishment of the factory at the place named in the cer- tificate. Any person violating this ordinance, shall be fined in penalty. such sum as the mayor may impose, not exceeding fifty dollars. CHAPTER X. FENCES. An Ordinance to regulate Partition Fences. § 71. Be it ordained, That all partition fences in the city, A¢ the cost of shall be erected, built, and kept in repair, at the joint pcre ak expense and cost of the person whose grounds shall be inclosed or separated thereby. That in all cases where any dispute shall arise, as to the pispate, how sum or sums of money to be paid by either party for the *°t¥e* erection, building or repairing, any partition fence, the party aggrieved may complain to the mayor. The mayor shall appoint three respectable freeholders of the city, as inspectors, whose duty it is, to examine said fence, and report to the mayor the sum to be paid, and to, and by whom. 108 Companies authorized. Duties of company. ORDINANCES. Thereupon the mayor shall make an order, requiring the delinquent, within the term of ten days, to pay to the per- son to whom the same may be due, the sum so reported, by a majority of the inspectors. And if the delinquent shall neglect, or refuse, after due notice of the order, to pay said sum of money, the person so neglecting, or refusing, shall be fined in such sum as the mayor may impose, not exceeding fifty dollars. CHAPTER Xf. FIRES. An Ordinance concerning the Fire Department. ARTICLE I. TO CRGANIZE THE FIRE DEPARTMENT. és II. TO ESTABLISH PRECAUTIONARY MEASURES. “ III, TO ESTABLISH A BOARD TO INVESTIGATE THE ORIGIN OF. ARTICLE I. TO ORGANIZE THE FIRE DEPARTMENT. § 72. Be it ordained, That there be established such num- ber of fire engines, hook and ladder, hose and bucket com- | panies, as may be deemed expedient by the city. For the management of each, there shall be a company enrolled and organized agreeably to such by-laws as said companies may deem expedient and proper, for the purpose of compelling the attendance of such members of said companies, in case of fire, or an alarm of fire. Such companies may elect from their number such offi- cers to command the same as they may deem proper. The officers, when elected, shall have and exercise the power of compelling the attendance of the members accord- ing to the by-laws, and to demand and collect all fines that may be incurred by such by-laws. § 73. That it shall be the duty of each company to take care of and keep in good order their respective engines, hose, hooks, ladders, and other apparatus, and to have them at all times ready for use. FIRES. 109 That each officer, member, honorary member, and the Members fire wardens of the fire department, shall be exempt from port.” paying a city head tax. § 74. That it shall be the duty of the foreman or officer Duty of in command of each company, to cause their engines and °°" apparatus to be worked at least once in each month, by the company, under penalty of not exceeding fifty dollars. § 75. That as often as a fire shall break out, the firemen Duties in case shall repair at once, upon the alarm thereof, to their respec- ° ""™ tive engines or other fire apparatus, and convey the same to the place of the fire, unless otherwise directed by the chief or other engineer, and there, in conformity with the direc- tion given by the chief engineer, manage the engines and other apparatus to the best advantage. And when the fire is extinguished, shall not remove therefrom but by the permission of the chief or other en- gineer in command. § 76. That no fire engine or other fire apparatus shall be No engine to removed or taken from its house unless a member of its Cceopt by a company shall be present, under a penalty of not exceed-"™°™"*™ ing fifty dollars. That it shall be the duty of the officers of every fire com- Oftcers shall j ; : : * ‘eport any pany to report all violations of this section to the chief or Vidlation of other engineer. | this. § 77. That the fire department shall be under the control Department | of one principal or chief engineer, and two persons to be of chief and called 1st and 2d assistant engineers. ele They shall be elected from among the fire department riectea. annually, on the third Monday of April, by the qualified white firemen of the several fire companies, and the fire wardens of the city. | Said election to be conducted under the management of How. an officer or delegate from each fire company, or by any three of said officers or delegates. § 78. In the event of the death, resignation or vacancy vacancy, how of the office of chief engineer, at It shall be the duty of the fire department, under the direction of the first assistant engineer, within ten days after such vacancy shall occur, to elect some person to fill the vacancy, in the manner prescribed for the election in April, 110 Vacancy, how ilied lied. No one but those named shall vote. Lists to be furnished. Duties of oflicers. Duty of engineer. Persons at- tending fires required to assist. ORDINANCES. And the person so elected shall hold office till the next election in April. § 79. That if from any cause the office of the first and second assistant engineers or either of them become vacant, The chief engineer shall, within ten days thereafter, fill the vacancy by his appointment from among the fire depart- ment, and the person so appointed shall hold office until the election in April thereafter. § 80. That no person except fire wardens shall vote at the election for officers of the department who has not been elected a member of one of the nipapsnrt thirty days previous to said election. It is the duty of the secretaries of the Seanad to fur- nish an attested list of the members of their companies. § 81. That the several officers commanding the compa- nies, shall obey all orders of the chief engineer or of the assistants, when emanating from the chief in command, either in time of fire or at an alarm of fire, under such pevalty as the mayor may impose, not exceeding fifty dollars. That the engineer in command shall place himself in the most advantageous and conspicuous station for giving directions to the firemen, and the orders of the engineer so in command shall be paramount to all others. § 82. That the engineer in command shall inspect the several fire engines, hose, hooks, and ladders, and other fire apparatus, as often as he may deem necessary, but not less than once in each month. If any of the engines or apparatus should require any extensive repairs, he shall report the same to the mayor, aldermen and common council, that it may be done at the expense of the city. He shall make a report of the state of the several com- panies once in each year, together with the names of all the members of the department, and the companies to which they may belong, which report shall be published in the official journal of the city. § 83. That all persons attending fires, not members of the fire department, may be required to assist the firemen if called on by any officer of the department, or of a com- pany, or by either of the fire wardens. FIRES. 111 CURR o te Sod Se Any person refusing or neglecting to render reasonable aid shall be fined not exceeding fifty dollars. § 84. The chief engineer and the assistants shall be fined Penalties. such sum for any neglect of duty, as the mayor may im- pose, not exceeding fifty dollars. § 85. That the engineer in command shall be authorized, Engines att with the concurrence of the other engineers or of the remove or pull 5 down building, mayor, or of one of the aldermen or councilmen, to pull &e., in case ~ down or remove (or cause it to be done,) any building, *”"” matter, or thing, which they may deem necessary, in the exercise of a sound judgment, to suppress the ravages of the conflagration. § 86. That each of the engineers shall be furnished with Engineer to a trumpet, and a fire cap such as is now worn, at the ex- trumpet, &c. pense of the city, not exceeding seventy-five dollars in any one year. . The caps are to be painted blue and lettered “ chief engineer,” ‘ first assistant engineer,” “second assistant engineer.” § 87. That to all such companies as fully conform to all Annual appro- ordinances of the city, adopted for their government, there eighty shall be appropriated annually on the first of April, out of any moneys in the treasury, not otherwise appropriated: To the fire engine companies five hundred dollars each. To the Mobile hook and ladder company the sum of two hundred dolars. Payable quarterly thereafter on the order of the fore- man, countersigned by the secretary. § 88. That no company shall permit any person to be- No person to come a member of it, under the age of eighteen years, whe iy eidee 18 Nor any person who has been expelled from any of the eer che Seka companies of the department, unless he has been re- aase he instated in the company expelling him. § 89, That there shall be one fire warden elected for right fire each company by the firemen at the same time and in the ste same manner of electingthe engineers, whose duty it is to Duties. repair at once on the alarm of fire to the place where it may be, and to assist in the preservation of property, and to keep all idle and suspicious persons at a proper distance from the fire and its vicinity. § 90. That the fire wardens may choose out of their atin number a president and secretary, at such time and in dent and secretary. ORDINANCES. STS 1 MCSA Re Oe ee EO, RO PERSP OCR Re re ete Duty of mar- shal and chief police, on an alarm of fire. Night police not to ieave his beat to attend fire. Penalty. 4‘ Fire depart- ment of the city of Mobiie,” authorized. Fines under this ordinance to go to fireman’s fund, Fire limits. such manner as they may see fit, and may make stich rules and impose such fines as in their judgment may best secure the performance of their duties. § 91. That it shall be the duty of the chief of police and all police officers, to repair at once on an alarm of fire, to the place where such fire may be: Provided, That no night policeman shall leave his beat while on duty to attend any fire. And it shall be the duty of all police officers, there to report themselves to the chief of police, and to obey such orders as may be given by the mayor, or aldermen, or com- mon councilmen, or engineer, for the preservation of the public peace, and the removal of all idle and suspicious persons, or others not actually and usefully employed in aiding or extinguishing the fire, under such penalty as the mayor may impose, not exceeding fifty dollars. § 92. That the engineers, fire wardens, and the fire com- panies, are hereby authorized and empowered to form an association to be called ‘* The Fire Department of the City of Mobile,” and to make such by-laws, as they may deem expedient for the government of said department: Provided said by-laws shall in no way conflict with the city ordi- nances, the laws of Alabama, or of the United States. § 93. That all fines imposed by this ordinance, are an- propriated to the fireman’s fund, for the benefit of the sick and disabled firemen and their families. ARTICLE II. An Ordinance to establish Precautionary Measures. § 94. Be it ordained, That the fire limits in the city of Mobile shall be as follows: Commencing at the river in Canal street, running along the centre of Canal to Royal street, along the centre of Royal to Eslava street, along the centre of Eslava to Joachim street, along the centre of Joachim to Monroe street, along the centre of Monroe to Cedar street, along the centre of Cedar to Government, including both sides of Government to Bayou, along the centre of Bayou to St. Francis street, along the centre of St. Francis to Cedar FIRES. street, along the centre of Cedar to St. Anthony street, along the centre of St. Anthony to Jackson street, along the centre of Jackson to Adams street, along the centre of Adams to Joachim street, along the centre of Joachim to Hunt street, along the centre of Hunt to Royal street, along both sides of Royal to the One Mile Creek, thence along the One Mile Creek to the Mobile River, and from thence to the place of beginning. That within those limits no building shall be erected or constructed of wood, under penalty of fifteen dollars for each and every day that any person shall permit, or be concerned in erecting such wooden building. 113 § 95. That the fire wardens shall examine the dwelling puty of fire houses and other buildings, in their respective districts, in the months of May and November of each year, and oftener if they think proper. To ascertain violations of this ordinance, to examine the fire-places, hearths, chimneys, stoves and the pipes thereto, ovens, boilers, kettles, and everything which in their opin- ion may be dangerous in causing or promoting fire. And upon finding any of them defective or dangerous, either of them may direct the owner or occupant by written notice to alter, remove, or amend the same, in such manner and in such reasonable time, as either of them may deem necessary. To enter and examine all buildings, livery or other stables, hay boats, or vessels, and places where gunpowder, shavings, or other combustible materials may be lodged, and give such directions in writing, in the premises, as may be deemed necessary, relative to the moving thereof. wardens. And any person failing to observe and obey the direc- Persons tions of the wardens, or either of them, shall be fined such obey, fined. sum for each day that such neglect or refusal continues, as the mayor may impose, not exceeding fifty dollars. § 96. That no person shall have in his possession in the No coal or city, any coal, wood, pales, planks, stayes, shingles, lumber ¢ or fuel of any description, combustibles, or materials that may occasion hazard, or danger of fire, unless the same shall be placed or secured in such situation and in such manner, aS the mayor, or any one of the aldermen or common council shall consider safe, or secure from danger of fire. 15 wood, &c., or ombustibles. 114 ORDINANCES. Pena ty. And any person failing to remove such articles, when directed to do so by the mayor or any one of the aldermen or common council, shall be fined such sum for each day of such neglect or failure, as the mayor may impose, not exceeding fifty dollars. No fire-arm to § 97. It is not lawful for any person to discharge any be discharged ° 4 : inthecity. gun, pistol, fowling-piece, or fire-arm, nor to let off, or dis- charge, any rocket, fire-cracker, squib, or other fireworks, in any street, court, yard, lot, walk, or public highway, or from the door of any house or building, or near any house or any inhabited part of the city, on any pretext, under a Penalty. penalty of such sum as the mayor may impose, not exceed- ing fifty dollars. Exception. This section shall not extend to military reviews. Burning brands. It shall not be lawful to carry, or cause to be carried, A 1 4 lehted cigar any burning coal or brand, or to smoke, or carry any not to be carried liehted cigar or pipe in any warehouse or yard where where cotton is nyhracl cotton is stored or compressed, under such penalty as the mayor may impose, not exceeding fifty dollars. ARTICLE III. An Ordinance to establish a Board to investigate the origin of Fires. Board toinves- § 98. Be it ordained, That there shall be appointed an- peate origin of Tually a board for the investigation of the origin of all fires in the city. To consist of one member of each of the boards of aldermen and common council, the chief engineer of the fire department, one member of the board of fire wardens, to be chosen by them, and three firemen to be chosen by the fire companies in such manner as they may determine. Duties. That the said, board shall make inquiry into and in- vestigate the origin of all fires, which may occur, and to report to the mayor the result of their investigations. Duty of mayor. That should their investigations warrant the belief, that the origin of any fire was not accidental, but proceeded from wanton or malicious intent; or from an intent to de- fraud, and should individuals be designated with sufficient grounds for suspicion of having so caused such fire, they shall report to the mayor, who shall take cognizance, as the case may warrant. GAMING.—HAWKING AND PEDDLING. 115 CHAPTER XII. GAMING. An Ordinance respecting Gaming. § 99. Be it ordained, That no person shall play with Bo gemingoatsh cards or dice for money, or at any faro bank or gaming ee table, by whatever name, letter or figure the same may be known or called, nor at any game of chance for money or other valuable thing, nor bet or wager money or other valuable thing on the side or hands of such as do game, with dice or cards or any faro bank, or at any gaming table, under such penalty as the mayor may impose, not Penalty. exceeding fifty dollars. ° § 100. That if any person shall keep or exhibit any No gaming gaming table of any name or description whatever or any bakenees a faro bank, or bank for gaming of any kind, by whatever name it may be called, or be concerned therein directly or indirectly, he shall be fined such sum as the mayor may Penalty. impose, not exceeding fifty dollars. § 101. That if any person who has a license to keep a Hotel, &c.. bearding house, hotel or tavern, or to retail spirituous permit gaming, liquors, shall knowingly permit any gaming, prohibited in either of the two last sections, in his premises, or any building in his occupation, he shall be fined such sum as Penalty. the mayor may impose, not exceeding fifty dollars, and his license may be revoked. CHAPTER XIII? HAWKING AND PEDDLING. An Ordinance to regulate Hawking and Peddling. § 102. Be it ordained, That there shall be paid for each Hawker and license to any hawker or peddler of any goods, wares or ones aa merchandise in the city, such sum per annum or otherwise as the corporate authorities may from time to time determine. 116 Peddling, &c., in the streets forbidden. Penalty. Proviso. Board of health. Duties. ORDINANCES. Any person hawking. or peddling any goods, wares or merchandise without such license, shall be fined in such sum as the mayor may impose, not exceeding fifty dollars. § 103. That the hawking and peddling in the streets of the city of any meat, game, poultry, vegetables, or any other article usually sold, or vended, in the market, is prohibited, under such penalty as the mayor may impose, not exceeding fifty dollars; except that this does not apply to persons who lease stalls in the public market, after 9 o’élock, A. M., during week days. GHA PDE R ix DVii HEALTH. An Ordinance to secure Public Health. ARTICLE I. BOARD OF HEALTH. «Il, DUTY OF CITIZENS. ¢ TII. QUARANTINE. ARTICLE I. BOARD OF HEALTH. § 104. Be it ordained, That it shall be the duty of the board of health in the city of Mobile, organized and ap- pointed, under the provisions of an Act of the legislature of the State of Alabama, incorporating the ‘ Mobile Medical Society,” passed December 21st, 1843, to prescribe and enforce such rules and regulations as, in their opinion, may conduce to the health of the city. To examine into any and all cases of malignant, in- fectious, pestilential, and epidemic diseases, which may originate in the city, and the cause thereof. To enforce such measures as they may deem necessary to effect the removal of, or to check the same. To examine into all such nuisances as may tend to affect or endanger the health of the city. And to report weekly to the mayor, aldermen and com- mom council of the city. HEALTH. 17 § 105. That if any person neglect or refuse to comply Persons neglecting or with the requisitions of the board of health, or shall pre- yefusing to com- vent any member of the board from examining the yards, PO ir vou, lots or out-houses of any person in which there is cause to * Pe *ne4- believe that nuisances exist, he shall be fined such sum as the mayor may impose, not exceeding fifty dollars. ARTICLE Il. DUTY OF CITIZENS. § 106. Be it ordained, That the owner or occupant of Yaras, &e., to every house, yard, stable, stall, lot of ground within the ’**P*¢*™ inhabited parts of the city, shall keep the same clean, and shall not at any time suffer kitchen-stuff, oyster-shells, shavings, chips, dung, trash, or filthy matter of any kind, to remain upon his lot, grounds or property, under such Peaalty. penalty as the mayor may impose, not exceeding fifty dollars. § 107. That the mayor shall be authorized to prevent Mayor may pre- the landing from any vessel, boat or water craft, and the of hides, poe: introduction in any way, within the city, of all hides, peltry, coffee, salt provisions, or other damaged or infected articles, (which in the judgment of the board of: health will endanger the health of the city) under such penalty Penalty. as the mayor may impose, not exceeding fifty dollars. That any such articles found in the city shall be imme- Such may be m- diately removed out of the city, by the person in whose mieiin possession such article is found, under such penalty as the mayor may impose, not exceeding fifty dollars. § 105. That it is not lawful for any person to leave any Dead animals, dead animal, or carrion, or any filth, putrid or putrescent jen "°* “ ay matter, in any place in the city (except on the ground to be designated by the mayor from time to time, and there buried in a hole of proper depth,) under such penalty as Penalty. the mayor may impose, not exceeding fifty dollars. § 109. That no slaughter or butcher-house or pen, shall No slaughter or be established or carried on in the city, under such penalty theete as the mayor may impose, not exceeding fifty dollars for *°"™ every day it shall remain. § 110. That it is not lawful for any person to excavate OF Earth not to be dig the earth from any lot or parcel of ground in the city, “"® “* in such a manner as may cause water to remain therein, 118 ORDINANCES. Penalty. under such penalty as the mayor may impose, not exceed- - ing fifty dollars. Trash, filth,&c., § 111. That the owner or occupant of every house, store, to be deposited on Tuesday, Stable, or other tenement, or any lot, yard, or enclosure, gatuniay ““* shall on Tuesday, Thursday, and Saturday in each week, between the hours of five and eight o’clock in the morning, collect and deposit in front of their property, and as near thereto as may be, in a tub, barrel or other vessel, all trash, filth, shells, manure, or other putrid or putrescent matter Penalty. that may have accumulated therein, under such penalty as the mayor may impose, not exceeding fifty dollars. Power of city § 112. That when in the opinion of the mayor, aldermen authorities. and common council, any lot or piece of ground in the city, should be filled up, cleansed or purified, Or when any of the sections of this article shall be vio- lated or disregarded, The mayor may, if necessary to the enforcement of this - article, cause its provisions to be complied with at the ex- pense of the delinquent. That if the delinquent fails to pay the amount so incur- red within three days after the payment by the city, he shall be fined such sum as the mayor may impose, not ex- ceeding fifty dollars, for each day that he fails or neglects to do so. ARTICLE III. QUARANTINE. Quarantine to § 115. Be it ordained, That there shall be established a "strict system of quarantine, to be enforced against all ves- sels arriving in the bay of Mobile, from any port or place where “yellow,” “malignant,”.or ‘pestilential” or ‘‘ infec- tious” fever, or other infectious or dangerous disease is pre- vailing, Or having any person on board suffering from such disease. That this article shall only be in force when so proclaim- ed from time to time by the mayor, with the advice of the board of health, and every proclamation shall define the length of time that it shall continue in force. Physiciantobe § 114. That the convention shall elect a quarantine phy- pane sician, who shall proceed at once to the execution of his HEALTH. duties. He shall receive such salary or compensation as the corporate authorities may from time to time determine. That such attendants and employees as may be required at the station, shall be employed and appointed by the mayor. 119 § 115. That it shall be the duty of the physician to Duties of physi- clan. attend at the quarantine station. To board all vessels entering the bay or harbor of Mobile. To fully examine into the condition of the vessel and cargo, and the health of all persons therein. To examine as many or such persons on board under oath, to learn and obtain any facts that he may deem essential and necessary. To detain all vessels.coming from any infected port or place, or that has any case of disease described in the first section of this article, on board, the cargo, and every per- son on board, for any length of time that he may deem necessary or expedient. To direct such measures to be taken as may be necessary to purify the vessel, and supervise the same at the expense of the captain, owner or consignee of the vessel. To direct the discharge of any cargo, or portion thereof, and supervise the same, at the expense of the captain, owner or consignee of the vessel. To remove any person from any vessel who may be sick of any malignant or infectious fever or disease to the quar- antine hospital, and it shall be his duty to give his profes- sional services to said person. To sign all permits for vessels and persons to pass the quarantine, And all discharges for vessels or persons leaving the quarantine, without which no vessel or persons shall be permitted to leave or pass the quarantine station. And any person violating any of the quarantine regula- tions, he, or the owner and captain, together with the vessel to which he may belong, or be a passenger, shall be fined such sum as the mayor may impose, not exceeding fifty dollars. § 116. That it is the duty of every person acting as a pilot, or revenue, or boarding officer, of the custom house, to deliver to the officer in charge of every vessel, coming into the bay of Mobile, a copy of these regulations, or so Daties of pilot &c, 120 Penalty. Persons receiv- ing medical at- tendance shall pay $5 per day. When unable, captain, owner or consignee shall pay. Not apply to New Orleans mail line. Duty of officers of y O. steamers, ORDINANCES. much as may be wanted for the use of the vessel, of which the mayor shall have a sufficient number of copies printed. During the existence of the quarantine, all pilots and other persons having charge of vessels, entering the bay of Mobile, shall bring such vessels to anchor at the quaran- tine station, and no vessel shall leave such anchorage until it shall have been boarded by the quarantine physician and shall have received permission from him to do so. Every pilot or other person violating this section, shall be fined such sum as the mayor muy impose, not exceed- ing fifty dollars, § 117. That all persons who may receive medical treat- ment under this ordinance, shall pay for the use of the city, five dollars for each day of such treatment. And where the persons so treated shall be unable to pay the charge, the captain, owner or consignee of the vessel to which he may belong, shall pay the same. § 118. That the provisions of this article shall not apply to New Orleans and Mobile mail line steamers, but it shall be the duty of the captain or clerk, or person having in charge of each one of these steamers, to furnish the quar- antine physician with a certificate of health of every person on board, each time that one of these steamers may enter the bay of Mobile. For this purpose the steamers shall be brought to anchor as near the quarantine station as it is practicable, and there remain until examined by the quarantine physician. If any person on board of either of these steamers be sick, it shall be the duty of the person having charge of such steamers to inform the quarantine physician of the fact. If on examination such person is found to be sick with the yellow fever, or any malignant, pestilential or infectious disease, he shall be conveyed to the quarantine station. If any person is taken sick on one of these steamers, after having left the quarantine station, and before arriving at the wharf at Mobile, it shall be the duty of the captain, clerk, or person having charge of the steamer, to report it to some member of the board of health, or to the mayor of the city, and it shall not be lawful for such person to leave - the steamer until he shall have been examined by a mem- ber of the board of health. HEALTH. 121 If it be found that such person is suffering from an attack of yellow fever, or any malignant, pestilential or infectious disease, he shall not be landed from the steamer, but it shall be the duty of the person in charge of the steamer, to convey the patient to the quarantine hospital on the same day, or to convey him to New Orleans on the return steamer. The New Orleans and mail line company shall be liable for all fees accruing for attendance on any person carried from any one of their steamers to the quarantine hospital, where such person does not pay the same. Any violation or disregard of any of the provisions of this article shall be punished by a fine in such sum as the mayor may impose, not exceeding fifty dollars. § 119. The word vessel wherever used in this ordinance, Meaning of shall extend to boats, steamers, and water crafts of every ‘“*** description. hi § 120. That no vessel shall take on or discharge the No vessel to cargo of any vessel at quarantine, without a written permit charge cargo, ens unless, &c. from the quarantine physician, under such penalty as the Penaity. mayor may impose, not exceeding fifty dollars, on the owner, consignee, or person in charge. § 121. That the mayor and board of health, when the Mayor ana - = ' board of health public health may require it, may order any vessel at the may remove wharves of the city, or in the vicinity thereof, to the quar- Meventted antine station, and may require all persons, articles, or goods, introduced into the city from such vessels, to be seized, returned on board, or removed to the quarantine station. If the owner, master, consignee, or person having charge Penalty. of such vessel, fails or neglects to obey such requirements, each of them shall be fined such sum as the mayor may impose, not exceeding fifty dollars. And if he cannot be found, or if he neglects and fails to remove the vessel, the mayor and the board of health shall have power to cause such removal at the expense of the vessel. This ordinance applies to vessels lying at anchor in the Extends to : Fi . vessels in the bay of Mobile and not performing quarantine. bay. That the harbor master and port wardens of Mobile, Duties of shall notify the mayor or chief of police in writing of every cee infraction of this article that shall come to their knowledge. Pt Ye": 16 ORDINANCES. And it shall be their duty to see that in every instance, _ vessels arriving at the wharves of the city shall have a Penalty. Fees of two cents per ton to be collected on all vessels. Paid to clerk. Port wardens to notify clerk of the arrival of vessels. Not to apply to N. O. steamers, &c. Station. Len ath of time to remain in. Duty of pilots. proper permit signed by the quarantine physician, giving him liberty to pass the quarantine station. Any vessel failing to have such a permit, shall not be allowed to remain at, or in the vicinity of, the wharf, but shall at once be ordered to the quarantine station, as pro- vided for in section 9 of this article. The harbor master or port wardens, failing to give prompt notice of any violation of this section, shall be fined such sum as the mayor may impose, not exceeding fifty dollars. § 122. That two cents per “a according to the register- ed tonnage of each vessel, shall be established as the quar- antine fee for all vessels entering the port of Mobile, and that the master, owner, or consignee thereof is hereby required to pay the same to the city clerk, who shall pay the said fees to the city treasurer. Such tonnage fees shall be paid within five days after arrival of the vessel in port, under such penalty as the mayor may impose, not exceed- ing fifty dollars, for each day’s neglect or refusal to pay the same. And it shall be the duty of the port wardens to report to the city clerk the arrival of every vessel and the name of the master liable to pay these fees, and if they neglect to make such reports they shall be subject to such fine as the mayor may impose, not exceeding fifty dollars: Provided, That this provision shall not apply to vessels running reg- warly between this port and New Orleans. § 123. Quarantine rules and regulations for the port of Mobile: RuLE I. The quarantine station shall be on Mobile Point, in the rear or north of Fort Morgan, or such other place as the corporate authorities may from time to time determine. RuLE II. The quarantine physician shall in every in- stance determine the length of time that a vessel shall remain at quarantine, and the time that all persons on board such vessel shall remain in quarantine. RuLE III. It shall be the duty of the pilots or other persons, bringing a vessel into the bay of Mobile, to hoist a flag at half-mast at the fore, until the vessel has been visited by the quarantine physician. HOSPITALS. 128 RuLE IV. No person shall leave a vessel nor visit a Not to leave vessel at quarantine, without a written permit to do so, by Linas ha te the quarantine physician. RULE V. The quarantine physician shall make a monthly Monthly report report, on the first day of every month, to the city author- ” phiypiniane ities, of the number and class of vessels quarantined, The number of patients treated at the quarantine hos- pital, The amount of fees collected, and all other information connected with the station, as may be necessary and proper. RuLE VI. All vessels at quarantine, shall keep a flag at et $ ute half-mast at the main, during the day, and the lantern in vessels in f the same position at night. eats RuLE. VII. Any violation of these rules and regulations Penalty. shall be punished by a fine in such sum as the mayor may impose, not exceeding fifty dollars. CHAPTER XV. HOSPITALS, An Ordinance for the regulation of Hospitals. ARTICLE I. CITY HOSPITAL ESTABLISHED. “ Il. OFFICERS AND DUTIES. ‘6 III. REGULATIONS. ¢ 1V. RESPECTING LUNATICS. “; Vv. PRIVATE HOSPITALS. ARTICLE I. CITY HOSPITAL ESTABLISHED. § 124. Be it ordained, That the buildings and premises City hospital. bounded on the south by St. Anthony, east by Jefferson, and west by Broad streets in the city of Mobile, are estab- lished as the “ City Hospital.” § 125. That there shall annually be apiowa ted by the Hospital president of the board of aldermen, three members of the cen ie board; by the president of the common council, two mem- bers of the board ; who, with the mayor, shall be a com- mittee for the government of the city hospital. 124 Powers and ORDINANCES. | § 126. That this committee shall have a general superin- duties of committee. - When they apply for money, shall state the ob- ject. Physician and surgeon elected. Duty of physician. To report quarterly. Small-pox. tendence of the hospital, and shall prescribe such rules for its government, as they may deem proper, with the consent of the mayor, aldermen and common council. They shall make regular visits to the hospital, at least once in each week. They shall make monthly reports of its condition, receipts and expenditures, to the boards of aldermen and common council. . They shall have the exclusive privilege of admitting patients into the hospital. They shall approve all contracts made with persons employed therein, as students, nurses, cooks, laborers, and for all articles of food, raiment, medicines, and fuel neces- sary for the use and maintenance of the hospital. § 127. That whenever the committee shall apply for money to be expended for the use of the hospital, they shall dis- tinctly set forth the object for which such money is asked, excepting salaries to those officers elected by the city. ARTICLE II OFFICERS AND DUTIES. § 128. Be it ordained, That on the first Monday in March, 18 ,and biennially thereafter, there shall be elected in convention, a physician and surgeon of the hospital, who shall give such bond and receive such salary as the corpo- rate authorities may from time to time determine. § 129. That it shall be his duty to visit said hospital twice in each day, and oftener, if necessary, and to admin- ister to the sick therein. To see that the stewards, students and nurses faithfully perform their respective duties and promptly to report any dereliction therein to the hospital committee to be laid before the boards, of aldermen and common council, who may take such action as they deem necessary. To report quarterly to the mayor, aldermen and common council the number, situation and condition of the patients in the hospital, together with such other information as may be deemed necessary or important. When a case or cases of small-pox shall be presented for treatment, he shall attend such patient at the pest-house, provided by HOSPITALS. 125 the city for the treatment of such diseases. For which services he shall receive such remuneration as may be deemed proper by the city authorities. § 130. That the hospital physician shall appoint, with Two students the approval of the hospital committee, two students of °°???" medicine, who shall board and ledge in the hospital, and give bond in the sum of five hundred dollars, whose duty it shall be, | To act as, and perform the duties of, apothecary. To prepare and administer all prescriptions of the physi- cian and surgeon, And to perform such other duties as may be prescribed for them by the physician and surgeon, for the comfort and well-being of the patients. No student shall be appointed for a longer or shorter term than one year, But he is eligible for re-appointment. § 131. That at the same time that the physician is elected, stewara there shall be elected by the convention, a “steward” of °° the hospital, who shall give bond in the sum of dollars, and receive a salary of dollars, and shall board and lodge in the hospital. He shall also have the privilege to board and lodge his wife and minor children in the hospital. ) § 132. It is his duty to superintend the duties of the Dutics, nurses, cooks, servants and laborers; to see that the direc- tions of the physician and surgeon are faithfully and pro- perly executed; and to attend to such other duties as the physician may prescribe to him. He shall enter in a bound book to be kept by him for that purpose, the names of the patients admitted into the hospital, their age, place of birth, occupation, date of admission, their disease, and the date of their discharge, or death: which book shall at all times be subject to the inspection of the mayor, or any of the aldermen or common council; and shall remain in the hospital as a book of record and reference. He shall enter in a book kept for that purpose, an in- ventory of all articles of furniture, bedding, clothing, utensils and all other property belonging to, or purchased for, the hospital, which book shall be examined quarterly by the hospital committee. 126 ORDINANCES. All articles reported as worn out or useless, must be inspected by the committee before they are condemned or destroyed. He shall collect all amounts due to the hospital by pay- ing patients, and pay the same over to the city treasurer, accompanying the payment with a report of the names of such patients, the number of days of treatment, &e. He shall enter in a book kept for that purpose, the name of every pauper patient and the date of his entry in the hospital. He shall keep a correct account ofall moneys, clothing and effects, that any patient may have in his possession when admitted into the hospital, and enter them in a book kept for that purpose, subject to the inspection of the mayor or any of the aldermen or common council, and in case of the death of such patient, the money, effects, &c., shall be disposed of according to law, under the direction of the hospital committee. He shall furnish such articles of bedding, clothing, food, medicines, furniture and cooking utensils, on a requisition made by the mayor or chairman of the hospital committee, as may be needed for the comfort, necessities and well-being of the patients, that may be sent to the pest-house. He shall also secure the services of such nurses and ser- vants aS may be needed, and make such contracts with them as may be approved by the mayor or chairman of the hospital committee. ARTICLE III. REGULATIONS. Paupers § 133. Be it ordained, That all pauper applicants for ad- applying: mission into the hospital, shall present to the steward a permit signed by the mayor or any one of the hospital committee. Paying patients Paying patients shall present a like permit, stating who applying: will be responsible for fees incurred. These permits shall be regularly filed and remain on record. Paying patients § 134. That all paying patients shall be charged two dolJars for each day that they remain inmates of the hos- pital. HOSPITALS. 127 § 1385. That when private or paying patients may be sent Pest-house to the pest-house, such patient shall be charged five dollars ait for each day that he may be under treatment at that place. That in case of private or paying patients being sent to the pest-house, the surgeon or steward of the city hospital shall, before receiving the patient, require of the applicant a receipt from the city treasurer, showing that the sum of one hundred dollars has been deposited in the city treas- ury, to secure the payment of such charges as are above required. ARTICLE IV. RESPECTING PAUPER LUNATICS. § 136. That whenever any inhabitant of said city shall Respecting be declared a lunatic, in accordance with the provisions of lunatics. chapter 12, title 2, part 3, of the code of Alabama, and no guardian shall have been appointed, and such person is permitted to run at large, it shall be the duty of the mayor or acting mayor, upon the complaint of any person, under oath, that such lunatic is disorderly, or dangerous, or a nuisance, to cause such alleged lunatic to be brought before him, and to make an investigation of the facts; and if it May be be found that such person has been so declared a lunatic, city hospital and is disorderly, or dangerous, or a nuisance, and has no visible means of support, and that there is no person liable for such support, within the meaning of section 1212 of the code of Alabama, to cause such person to be removed to the City Hospital, there to remain for care and safe-keep- ing, and for such treatment as may be deemed necessary and proper by the hospital physician, until removed to an asylum for the insane, or until declared to be restored to sanity, as provided in chapter 12, title 2, part 3, of the code of Alabama. ARTICLE V. PRIVATE HOSPITALS. § 137. Be it ordained, That it shall not be lawful for any yow estab. person to establish or have in use or operation in the city, wigs any hospital or infirmary for the cure of diseases, unless they shall have obtained the consent in writing of a major- ity of the citizens living on the squares immediately adjoin- 128 Penalty. Mayor and committee to have access at all times. To be licensed for one year to retail spirit- uous or vinous liquors. Amount of license to be fixed by the eity. — License te sell in theatre for six months. Not to sell more than a quart to be drank on the premises. Not to sell adulterated drink. All public houses te have license. ORDINANCES. ing, and the square on which such hospital or infirmary is proposed to be kept or established, and the consent of the mayor, and boards of aldermen and common council and the recommendation of the board of health, under penalty of fifty dollars, and twenty-five dollars for each day it is continued. That the mayor and the hospital committee shall have free access at any and all times to such hospitals or infirm- aries. OPA PLE baes ve ks HOUSES—PUBLIC. An Ordinance to regulate and license Inns, Public Houses, &e. § 138. Be it ordained, That no person shall retail or sell in quantities less than one quart at one time, any spirit- uous or vinous liquors in the city, unless a license shall have been granted by the mayor, to do so for one year, setting forth the location of the house or place in the city, and the name of the person to whom such license shall issue. For any other place or person it shall be of no validity. That such sum shall be paid to the city treasurer for license to retail, as the corporate authorities may from time to time determine. That a license may issue to retail in the saloons of the Mobile theatre for the term of six months, on payment of such sum as the corporate authorities may from time to time determine. That no person shall sell any vinous or spirituous liquors, in quantities larger than a quart, if the same be drank on the premises of the seller. - That no person shall sell any unwholesome or adulter- ated drink, vinous or spirituous liquors. § 139. That no person shall keep a tavern, boarding house, coffee house, restaurant, eating house, or any other house of entertainment unless he shall have a license therefor; the amount of such license to be fixed from time to time by the corporate authorities. INSPECTION. 12 § 140. That it shall be the duty of every person. having Keeper to conduct him- a license and earrying on business under it, to conduct self orderly and himself, and to see that those he may exitbetian shall con- Bxgvent ts duct themselves in an orderly manner on his premises, and to prevent all persons who may be there after ten o’clock at night, from disturbing by cries, noise, songs, or other- wise, the peace or tranquility of any of the neighbors. That he shall not permit any disorderly conduct nor riotous conduct on his premises. Any person violating Penalty. the provisions of this chapter, shall be fined such sum, for each day that such violation shall continue, as the mayor may impose, not exceeding fifty dollars, and the mayor may annul and revoke the license of such person, if in his judgment it should be done. CHAPTER XVII. INSPECTION. An Ordinance to provide for the Inspection of Hay, Lumber, Wood, Work, and Weights and Measures, &c. ARTICLE I. INSPECTION OF HAY. II. os ‘¢ LUMBER. cele Fae ¥ «“ FIREWOOD. Iv. CITY GAUGER. Vv. INSPECTION OF STAVES. rf vi. ee “ GAS METRES. say Gk CIT, &s ‘¢ WRIGHTS AND MEASURES, AYLI v “ STANDARD WEIGHTS OF GRAIN, &. IX. MASTER MECHANICS. X. INSPECTION OF FLOUR. ARTICLE I. An Ordinance to provide for the Inspection of Hay. § 141. Be it ordained, That there shall be elected an- Tnspector nually in convention an inspector of hay, fodder, shucks ° rppcea and other forage packed in bales, who shall give such bond and receive such fees as may from time to time be de- termined by the corporate authorities. 17 130 Shall weigh hay, fodder and shucks. Penalty Shall enter weights in a book, and give a certificate. Shall make fair deduction. Shall mark net weight. Inspector to require seller to produce a business license Penalty. Inspector elected. Duties. ORDINANCES. _ § 142. That every bale of hay, fodder, shucks, or other forage packed in bales, brought to the city for sale, shall be first weighed by the inspector, and the owner or con- signee thereof, shall pay to said inspector the fees allowed by law, under such penalty as the mayor may impose, not exceeding fifty dollars. § 143. It shall be the duty of the inspector to keep a book, in which he shall enter the weight of every bale weighed by him, and he shall give a certificate of the weight of each bale, for whom weighed, the marks, and the date when weighed. He shall make a fair deduction from the gross weight of every bale weighed by him, for the wood and bandages used in putting up or securing the bales, and shall mark only the net weight on each bale, which shall be done with good black ink or paint. Before weighing any hay, fodder, shucks, or other for- age, in bales, brought to the city for sale from another State, it shall be the duty of the inspector to ascertain whether the owner or consignee thereof, has obtained a business license for selling such merchandise, and he shall not weigh any of such provender until the proper license is exhibited to him. Any inspector who fails, neglects or refuses to comply with the provisions of this section, shall be fined in such sum as the mayor may impose, not exceeding fifty dollars. ARTICLE II. An Ordinance to provide for the Inspection of Lumber. § 144. Be it ordained, That there shall be elected annual- ly in convention, an inspector of lumber, who shall give bond in such sum and receive such fees as may from time to time be determined by the corporate authorities. § 145. That he shall perform the same duties in the city, and be subject to the same penalties as the inspectors of lumber are liable to, under the statutes of Alabama. INSPECTION, 1] ARTICLE ITI. An Ordinance to provide for the Inspection of Fire Wood. § 146. Be it ordained, That there shall be elected an- Inspector of nually by the convention, two inspectors of wood, one for “°° the division north, and the other for the division south of Dauphin street, who shall give such bond and receive such fees as the corporate authorities may from time to time determine. § 147. That all fire wood brought into the city, or ex- Ail fire wood posed for sale, shall, before it is sold, be inspected and inapected measured by the inspector, or his deputy. That the said fire wood shall be full four feet in length, Dimensions. and a cord shall be four feet four inches high, and eight feet long—in cording, it shall be piled in a neat and com- pact manner. That all unsound and short wood shall be rejected, all unsound ana large and straight wood shall be placed at the bottom, and "9°" all small and crooked wood at the top of the pile. All deficiencies in measure, caused by crooked wood, Deficiencies, shall be supplied, under the direction of the inspector. Se That all short and unsound wood shall be forfeited to the Unsound and use of the city hospital, and shall be sent by the inspector forfeited to immediately upon such forfeiture, to the city hospital, and heeetalie he shall inform the steward thereof on the same day. § 148. The inspector shall cause all drays and carts that Drays and may be employed in carrying wood, to be provided with Rate side stakes or other fixtures; on which shall be marked ‘one-third of a cord of wood,” and no cart or dray drawn No more than by one horse shall be permitted to carry more than one- agers a third of a cord of wood at a load. a § 149. That it shall be the duty of all persons selling wood in the city, to cause posts to be set up to contain be- tween them one-third of a cord of wood, one-half, and one cord, under the direction of the inspector. And the posts shall be so marked that any person may see the quantity of wood purchased by him. § 150. That each inspector shall keep an office where he snan keep may be found, and at which orders may be left. Orie: He shall keep an accurate account of all the wood in- ghan keep - spected and measured, and the forfeitures that may accrue, *°°°"** ORDINANCES. Shall not deal in wood. Pees. Shall mark. require seller to produce business license Penalty. City gauger elected Bond. Duties. Not to apply to liquids owned elsewhere and in transitu. and report the same to the mayor, aldermen and common council on the first day of January, April, July, and October. He shall not deal in fire wood, nor purchase it, nor shall any person deal with or sell to him, except for his domestic use. He shall receive such fees for the inspection and meas- uring of wood, as the corporate authorities may from time to time determine, which shall be paid by the seller. He shall mark conspicuously on the end of a stick on each parcel or pile of wood the quantity each parcel or pile contains, and the date of the inspection. It shall be his duty, before inspecting any wood brought to the city for sale, by boat or otherwise, to ascertain whether or not the captain or owner of the boat, or the owner or proprietor of any wood yard, has obtained the proper license for such business. He shall not inspect any wood until the proper licenses are exhibited to him. | Any failure or refusal by any inspector to strictly carry out any of the provisions of this ordinance, shall be fined in such sum as the mayor may impose, not exceeding fifty dollars. ARTICLE IV. GAUGER—CITY. An Ordinance to create a City Gauger. § 151. Be tt ordained, That there shall be elected annually in convention a city gauger, who shall give such bond and receive such fees as the corporate authorities may from time to time determine. It shall be his duty to gauge and prove all liquids im- ported into the city for sale, or brought into the city to be sold here, and afterwards sent elsewhere; or marked and shipped for Mobile as its destination; or owned and stored in the city; or held as agent, on commission or otherwise: Provided, This section does not apply to liquids landed here, and owned elsewhere, in transitu through this city. That he shall brand his name upon each cask, barrel or package inspected by him, with the contents of each. And of spirituous liquors the proof of the same, of which he shali keep a record, open to inspection, and grant certifi- INSPECTION. 135 cates when required: Provided, That this ordinance shall not be held to apply to lager beer, ale or porter. That all persons receiving liquids required by this ordi- Persons shall nance to be inspected, shall report the same to the eity ?""*"°""" gauger, at the place designated by him as his office, under such penalty as the mayor may impose, not exceeding fifty dollars. It shall be his duty, before gauging or inspecting any Shall require liquids, to ascertain whether or not the owner, agent or Shea bisa consignee has obtained the proper business license. Aa He shall not inspect or gauge any liquids until the proper Penalty. business license is exhibited to him, and for failure or refusal by any gauger or inspector to comply with the pro- visions of this section, he shall be fined in such sum as the mayor may impose, not exceeding fifty dollars. ooo ARTICLE VY. An Ordinance to provide for the Inspection of Staves. § 152. Be it ordained, That there shall be elected an- mspector of nually in convention an inspector of staves, who shall give see such bond and receive such fees as may be determined from time to time by the corporate authorities. That all staves brought into the city for sale shall, before He shall inspect they are sold, be inspected and measured by the inspector, prouahs to the or under his direction, after they are landed. eS eh That merchantable staves shall be made of good white Quality of oak, not less than one inch thick, four inches wide, and of ieee the following lengths: barrel, thirty-six inches; hogshead, Description forty-six inches, and pipe, fifty-eight inches, and that they ene shall be rejected as unmerchantable, and classed as cullings, unless of the quality and description set forth in this section; they shall be piled in a neat and compact manner, and the fees for inspection shall be paid by the seller, and Fees. a certificate of such inspection shall be furnished if required. | It shall be the duty of the inspector to keep a book, in mspector to which he shall enter the number of staves inspected, for peel hi ny whom inspected, and the date of such inspection. ibiheg a Lod r ORDINANCES. Persons shall § 153. That all persons receiving staves required by this report to hime ordinance to be inspected, shall report the same to the city inspector, at the place designated by him as his office, under such penalty as shall be imposed by the mayor, not exceeding fifty dollars. ARTICLE VI. On Ordinance providing for the election and defining the duties of Inspector of Gas Metres. Inspector of § 154. Be it ordained, That as soon as practicable after gas meres to the passage of this ordinance, there shall be elected in convention, an inspector of gas metres, who shall act as such for the balance of this municipal year, and shall again be elected in December, 1866, and annually thereafter by Rnd: said convention. He shall receive such compensation and give such bond as the corporate authorities may from time to time determine. His duties. § 155. It shall be his duty to examine once in each year, and oftener if required by any gaS consumer, every gas metre in the city, whereby gas is consumed, whether the same be used in a public or private building, and to see that the same justly, correctly, and uniformly indicates the quantity of gas consumed; if he finds any gas metre work- ing improperly, so as not to indicate the actual quantity being consumed, he shall adjust and correct, or repair the same at the expense of the party gaining by the irregu- Penaltyfor larity; and if he shall, on examination of any gas metre, causing false find that the same has been set or disarranged for the gas metre. purpose of making a false indication of gas consumed, he shall report the same to the mayor, who, on examination of the charge, shall adjudge any one guilty of the offence, shall impose such fine as the nature of the case may war- rant, and the metre shall be corrected at the expense of the guilty party. Noonemust 1t Shall not be lawful for any one to hinder, prevent, or tor in discharge Pesist the inspector of gas metres in the performance of any of his duties. duties required in this ordinance; or to refuse him entrance into any building at a seasonable hour, to inspect, repair, Penalty. or adjust any metre, under such penalty as the mayor may impose, not exceeding fifty dollars. INSPECTION. 135 If any proprietor, clerk or agent of any gas company, Or Shall not make out false bill. any proprietor, clerk or agent of any gas works, shall knowingly demand and receive any false or incorrect bill for ges; or if any proprietor, or managing agent, or clerk Penalty. of any gas company or gas works, shall knowingly make out, or cause to be made out for demand, any false or in- correct bill for gas, he or they shall be fined in such sum as the mayor shall impose, not exceeding fifty dollars. § 156. It shal! be the duty of the inspector of gas metres, erat Ss nish gas of infe- in case of complaint made that the gas company is furnish- rior quality. ing gas of inferior quality, to examine into the cause of complaint, and if it be found that the gas is of inferior quality, he shall report the fact to the mayor, who shall immediately notify the gas company, requiring them to furnish good gas, and the company shall make a reasonable and proper deduction from the price of the gas used during the time of the existence of such inferiority, such deduc- tion to be made by order of the mayor upon the report of the inspector, and if said owner or proprietor refuse to Penalty. obey the order of the mayor, he shall be subject to a fine not exceeding fifty dollars. That no gas company shall ever be allowed to make out Average bills -average bills, but all bills shall be based upon the actual pag ae amount consumed. Nor shall any gas company refuse to supply gas to any Must not refuse to supply gas. occupant of a building, because a previous tenant of a building may not have paid his gas bill. And said inspector shall perform such other and addi- Must perform tional duties as may from time to time be sedi ahi of him quired. by the corporate authorities. ARTICLE VII. An Ordinance to provide for the Inspection of Weights and Measures. § 157. Be it ordained, That there shall be annually iad Se elected in convention, an inspector of weights and measures, who shall give bond in such sum and receive such fees as the corporate authorities may from time to time determine. § 158. It is his duty, as soon after his election as is prac- Duties. ticable, to call on every person in the city who may have 136 ORDINANCES. PD GL NNT a SERN RER TL a Oh Map eB Or IR Cea seales or weights or measures of any description, to be used in the purchase or sale of goods or merchandise in the city. He shall inspect them by the city standard of weights and measures, and if found to be correct and stamped by any former inspector, to give a certificate for the same, for which he shall receive one dollar from the owner. That if he find the beams or patent balances or scales of any description, or weights or measures, or any portion. of the same used by any person for the purchase or sale of eoods or merchandise, to be incorrect, by the city standard, he shall correct them at the expense of the owner, and he shall brand the dry measures with the letters M.S., (mean- ing Mobile standard,) and stamp the wet measures with the same letters, in such manner that the said brand or stamp cannot be obliterated. All yard sticks or devices of any kind used for measuring goods, shall also be branded in like manner. He shall also brand or stamp all beams, balances, or scales, used in the sale of goods and wares or other commodities. . No personmusts Any person using any beams, balances, scales, or weights use scales, ‘ weightsor and measures, for the sale of any merchandise or other eae commodity, without first having the same inspected, brand- shee" ed or stamped by the inspector, shall be fined such sum as Renalty. ‘the mayor may impose, not exceeding fifty dollars; and the proximity of all beams, scales, balances, weights and meas- ures to goods, wares, or other articles exposed for sale, shall be evidence of their use. Use of spring That no person shall be permitted to use for the sale of balances pro- ° ; ‘ihited: any goods, wares, meats in the public markets, or other commodities, the scales commonly called “spring balances,” under such penalty as the mayor may impose, not exceed- ing fifty dollars. Standard to § 159. The standard of weights and measures to be used conform to standard of the in this city, shall conform to the standard prescribed by orthisState the laws of the United States, or the State of Alabama. Inspectionto § 160, That he shall twice in each year, once in each six be made once i anne months, make an inspection of all balances, beams, scales, econ weights and measures, and receive the like fees for each inspection. Weights and Upon any information being lodged with him that any measures ma : be seized and person has sold by weight or measure any commodity orireltea. INSPECTION. 137 which has proved to be of short weight or measure, he shall inspect the balances, beam, scale, weight, and meas- ures of the person informed against, and if any of them are found to be incorrect they shall be seized and forfeited to the city. That he shall report to the mayor, aldermen and common Penalty. council all balances, beams, scales, and weights and meas- ures liable to seizure, and ‘forfeited to the city, and all persons liable to penalties by this article. That it shall be the duty of all persons engaged in the puaty of an sale of goods, wares, or other commodities, to have their sigpeaeateatts scales, beams, balances, weights and measures properly aes ae inspected before using the same. § 161. That if any person shall refuse to produce his Any person refusing to balances, beams, scales, and weights and measures, to be present his inspected, or shall prevent the inspector from discharging *°* &* his duty, or shall have sold or knowingly bought any mer- chandise by any imperfect. balance, beam, scale or weight or measure, he shall be fined such sum as the mayor may penalty. impose, not exceeding fifty dollars. That for the violation of any of the provisions of this tspector may ordinance, or for the improper or negligent performance atrenectetee of any of the duties herein prescribed, by the inspector, ee 5 shall subject the inspector to such fine as the mayor may _ impose, not exceeding fifty dollars. ARTICLE VIII. An Ordinance to establish Standard Weights of Corn, Grains and other Commodities. § 162. Be tt ordained, That the following grains and other standara commodities, when sold as merchantable in the city of Mavi” Mobile, shall be sold at the following number of pounds °™™"°"%* (avoirdupois) to the bushel : The standard weight of corn in the ear, per bushel, shall be - - “th ts - - 70 pounds. Shelled corn, per bushel, — - . - - 56 As Oats, a 6 66 ‘s 4 a 2c tabi BS 66 Wheat and beans, per bushel, - - - 60 “ Rye, per bushel, - : - : - - 56 sf Sweet and Irish potatoes, per bushel, 60 ff 18 138 ORDINANCES. Flax seed, per bushel, - - - : - 56 pounds. Barley, Rs Mie : . . F 48 és Bran, ef é . z Z . 20 &c Onions, a 66 é : F a 57 rT Dried peaches, per aes: + ee sh jee. BE - Dried apples, “ $f say i - - - 24 + Salt, 6c 66 . . = - 50 14 Castor Beane: ae OA tee - - : 46 Ae Purchaser may Any person offering any of the above described articles thant to weigh, OF Commodities for sale, who shall refuse to have the same weighed, or who shall refuse to give the number of pounds per bushel, described in this article, or who shall sell any of said articles without giving the foregoing established Penalty. weights, shall be fined in such sum as the mayor may im- pose, not exceeding fifty dollars, for each and every offence. oe ARTICLE IX. An Ordinance to provide for Inspection of Work done on Buildings. Rote misior § 163. Be it ordained, That there shall be annually mechanics t0 elected in convention four master mechanics who shall be called “the Committee of Mechanics of the City of Mobile.” a hatine. § 164. When any difference shall arise between persons interested in any work done to or on any building within the city of Mobile, concerning the said work, the said difference shall be at the suggestion of either of the parties interested—referred to the said committee of master me- chanics, in manner and form hereinafter provided. Persons § 165. That any person or persons wishing to avail him- ree to give Self or themselves of the privilege of this ordinance, shall ae give notice in writing to said committee, that a difference has arisen between himself or themselves and other or others, touching the quantity of work done or the quality thereof, as the case may be, on any building or buildings, Dutyofcom- describing the same; whereupon it shall be the duty of notice. the said committee, or a majority of them, to give private notice in writing, to all parties interested, if the same be practicable; and if not practicable, public notice in some newspaper printed in the city of Mobile, that they intend, INSPECTION. 139 at a certain time and place, to be mentioned in said notice, the time being not less than two, nor more than ten days, from the service or appearance of the said notice, to pro- ceed to measure the quantity, or estimate the quality as the case may be, of such work ; and at the same time and Shall measure place so appointed, the said Paoitantetees or a majority are thereof, shall proceed to measure and estimate as afore- said; and shall thereupon give to the party at whose instance the same was done, and to such others as may require it, a certificate, setting forth their doings in the premises; and the said certificate, under the proper hands Certificate and seals of the said committee, or a majority of them, eviience. shall be held and deemed in any court in this State, evidence as to the quantity or quality of work in question; and also to any notice required by this ordinance: Pro- Party vided, That nothing contained in this ordinance shall pre- Seca alla vent any person or persons who may feel him or them- selves aggrieved by any such survey, from the right of appeal. § 166. That with regard to the quality of any work done Work not well as aforesaid, the said committee shall, when it shall seem ee a to them or a majority of them, that the same has not been done in a workmanlike manner, barely certify the per centage that shall be deducted in consequence thereof. § 167. That any vacancy or vacancies which may occur Vacancies, by death, resignation, absence or removal, shall be supplied "°” — by the mayor, aldermen and common council aforesaid, and that a continued absence from the city of Mobile sixty sixty days days, shall forfeit membership, which absence shall be star SO certified to the clerk of the city of Mobile. § 168. That the said committee shall be entitled to re- Fees. ceive the following rate of per centage as a compensation for their services, viz: For measuring and estimating all sums of five Of twenty “ Sune -efifteenw, And all sums over twenty thousand " - hundred dollars, and under, - - : 5 per ct. Of one thousand and over five hundred - ih hs.48 Of five i “ one thousand - = Midlety +. $F Of ten ‘“ “five “6 ‘ Be 66 Of fifteen “ “6 666 ten 66 . Eos Gh: $6 é $ 140 How suit brought. Oath before entering on duties. Inspector of flour may be elected. Bond. Duties. Weight of barrels and sacks, 3rands. Shall not be interested in sales of flour only for private use. ORDINANCES. Which compensation the said parties in the said work shall pay share and share alike. § 169. That all suits brought by the said committee for the recovery ‘of fees, shall be in the name of the com- mittee of mechanics of the city of Mobile. § 170. That every member of the said committee shall, before he enters upon the discharge of the duties of his office, take and subscribe an oath faithfully and impartially to discharge the duties of his office, so long as he may continue therein; which oath shall be filed in the office of the clerk of the city of Mobile. ARTICLE X. INSPECTOR OF FLOUR. An Ordinauce creating the office of Inspector of Flour. § 171. Be tt ordained, That the flour inspector, elected on the 28th day of December, 1865, shall serve for the term of three years, ending the 1st day of January, 1869, and shall be elected in convention at the municipal election for officers, every three years thereafter. He shall give such bond and receive such fees as may from time to time be determined by the corporate authorities. It shall be his duty to inspect, classify and weigh each barrel or half barrel of flour, brought into the city for sale ; if in sacks or bags, he must inspect, weigh and class, and mark on each barrel or half barrel, sack or bag, its weight, quality and class. Each barrel of flour shall contain one hundred and ninety-six pounds of flour, English weight; and each half barrel, or sack intended to represent a half barrel of flour, shall contain ninety-eight pounds of flour, net weight; and if intended for the first quality, shall be brand- ed ‘‘extra;” if intended for the second quality, shall be branded ‘extra superfine ;” and if intended for the third quality, shall be branded “superfine ;” all of which brands shall be accompanied with the initials of the inspector, with the words ‘City of Mobile” added: which shall entitle the flour to be sold as bearing the quality thereon described. § 172. No inspector shall be directly or indirectly inter- ested in the purchase or sale of flour, other than for his own private use for the consumption of his family, under penalty of dismissal from ‘office. ~ INSPECTION. 141 § 173. All persons receiving flour for sale, shall report the setter must same to the inspector, at the place designated by him as his er deanta th office, for inspection, as soon as the said flour is received in P°°" the city of Mobile, and before it is offered for sale; and for failure or refusal to report the flour as provided in this section, shall be fined in such sum as the mayor may impose, not exceeding fifty dollars, and it shall be the duty of the inspector to promptly inspect all flour when receiv- ing notice. § 174. That for the inspection of flour, the inspector shall Inspector must bore into and ‘provide himself with a half-inch barrel auger, with which examine each each barrel, half barrel, or sack of flour, shall be bored into, marie _ so as to satisfy himself of the quality of the flour. If he Penalty for shall brand any barrel, half barrel or sack, without boring ape Satna into it and examining its quality; or if any barrel, half "°” barrel, or sack, shall turn out to be inferior in quality to the brand he places upon it, he shall be subject to such fine as the mayor may impose, not exceeding fifty dollars, and moreover he and his securities on his official bond, shall be liable to an action for damages to the party injured.. § 175. And if the owner of any flour shall offer the same Penalty for for sale, after it has been inspected and condemned, either ouneal: aoe as unfit for use or containing a mixture of Indian meal, or any other mixture, without making known to the purchaser its true condition, he or they shall be fined in such sum as the mayor may impose, not exceeding fifty dollars. If any person shall alter or erase any brand or mark of No one shall the inspector, he shall be fined in such sum as the mayor brand. me may impose, not exceeding fifty dollars. | It shall be the duty of the inspector, before inspecting Must require any flour, to require the owner or consignee thereof to rice bisuieas exhibit his business license, authorizing him to carry on "°"** business in the city of Mobile; and for any failure of the inspector to cpmply with the provisions of this section, he shall be fined such sum as the mayor may impose, not exceeding fifty dollars, Jurors failing to attend fined $10. To be fenced. Cleansed when directed. Penalty. Where owner is unknown. ORDINANCES. CHAPTER XVIII. JURORS. An Ordinance to punish Defaulting Jurors. § 176. Be it ordained, That every person summoned by the authority of the mayor, aldermen or common council, to attend as a juror for any purpose authorized by the laws and ordinances of the city, who shall fail to attend within the time and at the place specified in the summons, shall be fined ten dollars. ‘ CHAPTER XIX. VACANT LOTS. An Ordinance respecting Vacant Lots. § 177. Be wt ordained, That all persons owning or pos- sessing lots that are vacant in the city, shall fence them with a good and substantial rail or board fence, and shall cleanse and clear them off whenever so directed by the city authorities, of which ten days’ notice shall be given in time of health, under penalty of five dollars, and five dollars for every day the neglect or refusal continues: Provided, That the mayor shall be authorized to have any lot enclosed, whenever in his judgment it shall become a nuisance. § 178. That where no owner, possessor or agent can be found, the same proceedings shall be had as are provided in the ordinance relating to making and repairing side-walks. MARKETS. 143 CHAPTER XX. MARKKTS. An Ordinance to establish and regulate Markets. ARTICLE I. MARKET ESTABLISHED. Tl. RENTING AND ALLOTMENT OF STALLS. “III. ELECTION OF, AND DUTIES OF CLERK OF THE MARKET. IV. REGULATIONS, ARTICLE I MARKET ESTABLISHED. An Ordinance to establish Markets. § 179. Be it ordained, That the three market buildings Established. erected in the city are established as public markets. That located on the square bounded by Royal, Church, southern Water, and Government streets, shall be called the ™™** ‘Southern Market.” That located at the intersection of Dauphin street, Dauphin street Spring Hill Road, and Wilkinson street, shall be called ae ‘“ Dauphin street Market.” That located at the intersection of Spring Hill and Ann street Three Mile Creek Road, shall be called the ‘‘ Ann street assets Market.” ARTICLE II. RENTING AND ALLOTMENT OF STALLS. An Ordinance to provide for the Renting and Allotment of Stalls in the Markets. § 180. Be it ordained, That on or before the first Monday minimum to in October in every year, the mayor and the joint market popiiied, committee shall fix the minimum price of the stalls and stands in the market, and when made, the mayor shall publish it in the official newspaper of the city. That on the first Monday in November in every year, 1st Monday in the stalls and stands in the market shall be rented for one sthlles Ae to year, at public auction, to the highest bidder, for cash, un- °° ""** der the direction of the mayor and joint market committee, 144 Treasurer to give receipt. Two stalls to be set apart as public stalls. Fish market. Portions to be allotted for meat, vegeta- bles, fish and country pro- duce. Not to be let, nor to be occu- pied by others. But may sell out, provided. No person shali enter into any combination to persons, prevent fair sale of stalls. Penalty. ORDINANCES. and no bid under the minimum price shall be received; and any stall or stand not rented at auction, may be rented by the joint market committee in such manner and on such terms as they may deem expedient. The city treasurer shall give a receipt therefor, specify- ing the number of the stall, which receipt shail entitle the holder to the occupation and use of such stall for one year. § 181. That the mayor and joint market committee shall select and set apart two stalls in the meat market as public stalls, for the use of country persons and others not regular butchers, who may, from time to time, Sell butchers’ meat in the market. § 182. That a certain number of stalls, to be determined by the mayor and the joint market committee, shall be set apart at the eastern end of the meat market, as a fish market. § 183. That the mayor and the joint market committee shall, from time to time, determine what portions of the market shall be occupied for the sale of meat, vegetables, fish, country produce, and articles sold in the market. § 184. That it is not lawful for any person renting stalls in the market to re-let the same for any time, nor permit others to occupy jointly, or to sell any marketable commo- dity from or on their stalls. But every person may make a full and complete sale of the residue of the term for which any stall is rented, if the seller shall notify the city clerk of such sale, with name of the purchaser; and no sale or transfer shall be valid until this is done. If any lessee of stalls or stands, or any other person or shall enter into any combination or conspiracy, to prevent the market stalls or stands from renting at auction for more than the minimum price; or if any person or per- sons shall threaten with violence, or in any way intimidate or prevent any one from bidding on any stall or stand rented at auction, he shall be fined in such sum ag the mayor may impose, not exceeding fifty dollars. MARKETS. ARTICLE III. ELECTION, AND DUTIES OF CLERK OF THE MARKET, An Ordinance to provide for the Election, and define the Duties of the Clerk of the Market. 145 § 185. Be tt ordained, That there shall be annually elect- clerk elected. ed by the convention, ‘a clerk of the market,’ who shall Bond and . . . . 8a, give bond in such sum and receive such compensation as the corporate authorities shall from time to time deter- mine; he paying all expenses for keeping the market in a neat and cleanly condition. § 186. That it is his duty to attend at the market- Howaé Duties. during market hours. To maintain order and enforce obe- dience to the rules and regulations of the market, prescribed in this chapter, and report to the mayor any infraction thereof. To decide all disputes between buyers and sellers, as to the weight, measure, or quality of any article offered for sale, or sold. To procure and have sealed at the expense of the city, at least two complete sets of measures, of the capacity of from a bushel down to half a peck; and one complete set of scales and weights, conforming to the standard of mea- sures and weights of the State of Alabama, which shall at all times be kept at the market-house. To seize and destroy all, or regulate and correct any un- lawful weight, scale, or measure. To seize all impure meat, fish, and provisions, and dis- pose of them as the mayor may direct. To cause to be swept, washed, and thoroughly cleaned, every day as soon aS market hours are over, all parts of the market, and market premises, and to see that the same be always kept clean, and free from every description of filth. To keep the market-place, avenues, alleys, walks, side- walks, and streets surrounding or adjoining to the market, free from all obstructions, and to remove, or cause to be removed, all horses, carts, wagons, drays, and vehicles, and all and every article or thing which may prevent or interfere with, the free passage, and approach to, through or around the market or market-place. 19 146 ORDINANCES. § 187. To ring the market bell half of an hour previous Fees. Market hours. Shall sell by retail. Meat not to remain in market from June to November. Nor to be hung up, except— No skins to be exhibited. Nor offer unsound meat. How weighed. to the time for closing the market, on every occasion. To light, or cause to be lighted, the lamps in the market, as follows: At early candle light, only four lamps in the market. At four o’clock in the morning, such others shall be lighted as convenience or necessity shall indicate, and all shall be extinguished at early daylight. On Saturday evenings the lamps shall be lighted at early candle light, and as soon as the market is over to ex- tinguish all but four, which shall be extinguished at early daylight in the morning. § 188. That he shall collect from each unsold vacant or public stall, for the use of the city, a daily tax from such person or persons as may occupy them. ARTICLE IV. REGULATIONS. An Ordinance to regulate the Market. § 189. Be it ordained, That the regular market hours shall be from daybreak until ten o’clock in the morning each day; and on Saturday evening from three o’clock, .P. M. until nine o’clock, P. M., and on Sunday mornings from daybreak until 9 o’clock in the morning. § 190. That every butcher occupying a stall in the mar- ket shall sell meat in any quantity, by retail, that any person may want. But he shall not be required to sustain an evident loss by such sale, of which the clerk of the market shall determine. Nor shall meat of any description be permitted to re- main in the market-house after market hours, from the first day of June to the first day of October. Nor shall any butcher hang up or keep his meat in any other place than at his stall, or butcher-pen, and when hung up at his stall it shall be hung in the rear of the stall and not in front or on the side. Nor shall he exhibit any skins of beeves or other slaugh- tered animal in the market-house. § 191. That no person shall offer for sale at the market- house any unsound or impure meat, fish or provisions. § 192. That all articles sold in the market by weight or measurement, shall be weighed and measured by scales, MARKETS. 147 beams, weights, balances and measures according to the standard of the State of Alabama, and unless the seller has them sealed and inspected by the inspector of weights and measures, he shall use those kept by the clerk of the market. § 193. That no person except those who lease stalls in the No person, public market, shall hawk or peddle about the streets of of stalls shall the city, any meat, game, poultry, vegetables or any other el oP ana article or commodity, usually sold or vended in the market, nor sell or offer to sell at retail any such articles (eggs, potatoes, melons and vegetables excepted,) at any store, stand, street or place in the city, except at the public mar- kets: Provided, that retailing herein shall not be so con- Commission strued, as to prevent merchants who receive beef by the quar- Say aril boot ter in the regular course of their business, from the eoun- °° @rer- try, on commission, from selling the same by the quarter. And those leasing stalls shall not hawk or peddle about Lessees must the streets, any meat, game, poultry or vegetables, or other until after 9 articles usually sold in the market, until 9 o’clock A. M. of °7°°* 4 ™ the day. § 194. That any person residing out of the city may sell Non-residents and retail meat by the pound, at the public stalls in the pablio stall meat market, or if those stalls be in use at any other place assigned, that may be assigned by the clerk of the market, and such persons shall be subject to all of the provisions of these ordinances. That it shall not be lawful for any of the regular butchers Butchers in the market, or any person connected or interested with "** them directly or indirectly, to rent or use any of the public stalls, or molest or interfere with, in any manner, the per- son who may for the time have the occupancy of any public stall. § 195. That it shall not be lawfull to sell or expose for Fish, how sale until after 12 o’clock, M., any fish in any place in the pie city other than in the fish market. That no ice box shall be kept in the fish market. § 196. That all persons who use any of the public or va- tees for public cant stalls or stands, and all carts or wagons which use the same, shall pay such tax or fees as may be from time to time imposed by the corporate authorities. § 197. That no person shall, during market hours, buy or wo monopoly, contract for any provisions, or article usually sold in the iomatalltiee 14s Nor specula- ting. -Fee to be paid to each market where anything is sold or offered. No article to be taken with- out consent. Stalls to be washed, Not to inter- fere with lights. Penalty. Location. ORDINANCES. market, in such quantities as to prevent others applying at the same time from having an equal share thereof, or so much as the clerk of the market may consider that the several applicants are entitled. Nor shall any person, during market hours, buy or con- tract for in the market any provisions or article usually sold in the market for the purpose of retailing or making a profit thereon. Nor shall any hueckster or other person buy any article or marketable commodity, in one market, to be sold in another, without paying a fee to each aaa Nor shall any person, under any pretence of any NENT take or carry away any article without having paid there- for or without the consent of the owner. § 198. That every butcher occupying a stall in the mar- ket shall, once in every day, under the inspection of the clerk of the market, wash and scrape down his stali and benches, and keep the same clear from all kinds of filth. And all persons occupying any stall, stand, cart or wagon, in or near the market, shall cause the same to be washed and cleaned at least once every day. § 199. That no person shail meddle with lights or extin- guish any of the public lamps in the market, except the clerk of the market. § 200. That any one violating any provision of this chap- ter shall be fined in such sum as the mayor may impose, not exceeding fifty dollars. “CHAPTER XXI. MILITARY. An Ordinance to establish an Armory for the First Volunteer Regiment. § 201. Be it ordained, That the second story of the stores in the southern market, (except the room over number 13,) on Church street, with the room under the stairs and the stairs leading thereto, is hereby established as an armory for the city of Mobile, to be under the control and direction of the officers of the first volunteer regiment, for which they shall pay annually the sum of dollars. MILK. 149 To be used as a place of deposit for their arms and equipments, and for their safe keeping, and for such other purposes as the officers of the regiment deem necessary for the proper discharge of the duties of the regiment. § 202. That they shall have entire and exclusive control Regiment to of the said armory, except when in cases of invasion, in- tseot ccepl- surrection, rebellion, riots, or civil commotion, it shall be necessary, for the time being, to quarter an additional number of police or troops. In such cases the city authorities shall have the right to use such part of the armory as may be necessary for such purposes. § 203. That no alterations or additions shall be made to no alteration the building, except with the consent of the city authorities. pean aes § 204. That whenever there shall be any riot, rebellion, m cases of insurrection, invasion or civil commotion, the mayor shall?!” make a requisition on the officer in command for such com- panies or number of men and arms as in his judgment may be necessary. And such officer shall detail such men and supply stich Duty of officer. arms with promptness and dispatch. CHAPTER XXII. MILK. An Ordinance to prohibit the sale of Impure Milk. § 205. Be it ordained, That no unwholesome, adulterated Milk to be pure or watered milk shail be sold in the city, under such Penalty. penalty as the mayor may impose, not exceeding fifty dollars. § 206. That any person peddling milk, or driving a milk Peddler or wagon, who shall violate the provisions of this ordinance, ea may be prohibited from the sale of milk for such time as the officer trying the case.may determine, and if he shall Penalty. sell any milk within such time he shall be fined in such sum as the mayor may impose, not exceeding fifty dollars. 150 ORDINANCES. CHAPTER XXIII. PATROL. An Ordinance to establish Citizen Patrol. Chief of police § 207. Be it ordained, That the chief of police shall keep namesotai & book in which shall be recorded the names of all the free Sipe t white male citizens over the age of sixteen years, residents of the city. To which list he shall add from time to time, and at least once in three months, the names of all such persons as may hereafter become residents of the city, if they shall have resided therein ten days. That all such shall be subject to patrol duty (unless they are exempt by some law or ordinance), under the direction and supervision of the regularly appointed police officers. Patrol to be § 208. That whenever it may be deemed necessary by selected by lot. the city authorities to establish patrols, the chief of police, under the direction of the mayor, or in his absence one of the aldermen or common councilmen, shall select by lot from the names of citizens as recorded, such number as may be necessary to guard and protect the city each and every night. Urhanisitk or And in case the person drawn shall be absent or unable me) _ to perform his duty by reason of sickness, his name shall be replaced in the Jot, to be drawn again. Chief of police § 209. That the chief of police shall cause all persons shall notity. whose names have been drawn to be notified at least six hours before they are required to attend and perform the service of patrol for one night, specifying the time and Penalty for place for their attendance, and if he fail to attend and puns toat faithfully perform the duties of patrol, he shall be fined such sum as the mayor may impose, not exceeding fifty dollars. . Regulations § 210. That the patrol shall, under the direction of the oho police officers, have full power and authority to stop and apprehend any suspicious person, or any person who may be guilty of disturbing the peace and good order of the city. It shall be their duty to disperse all unseasonable, riotous, or disorderly meetings of all persons. PAWNBROKERS. 151 CHAPTER XXIV. : PAWNBROKERS. On Ordinance concerning Pawnbrokers. § 211. Be it ordained, That no person shall carry on or To be licensed. conduct the business or calling of a pawnbroker in Mobile, unless he give such bond and pay such license as the cor- Bond. porate authorities may from time to time determine. The condition of the bond shall be, that he will in every Person injurea particular conform to the provisions of this or any other HEN Of ketlon ordinance which may be passed concerning pawnbrokers, ”— sale and every person injured by him in any dealing or trans- action with him as a pawnbroker shall have a right of action against him on such bond until the penalty is exhausted. Any person who loans money on deposit or pledge of per- Defined. sonal property, or who deals in the purchasing of personal property, on condition of selling the same back again at a stipulated price, is defined and declared to be a pawnbroker. § 212. Every person so licensed sail keep at his place shall keep of business a book, in which he shall enter in writing a °°" minute description of all property received on deposit, pledge, or purchase, as aforesaid ; particularly mentioning any prominent or descriptive marks that may be on such property, The time when received, The name and place of residence of the person from whom received. Which book shall be kept clean and legible, and no entry therein shall be erased, obliterated or defaced. Any pawnbroker who shall violate any of the provisions Penalty. of this ordinance, shall be fined in such sum as the mayor may impose for each violation, not exceeding fifty dollars. § 215. That every person so licensed shall, during the Book to be ordinary hours of business, when requested by the mayor, Poy eeomi. chief of police, or any police officer of the city, submit and "*°™ exhibit such book to. their inspection; and shall exhibit any property that may have been so left with, or received - by such pawnbroker, under penalty of fifty dollars. Mayor, head of police. Aldermen and common council shall co-operate, &c. Duties. Powerse Numbers to be desinated by boards. ORDINANCES. GHAP TH Bree ~ POLICE. An Ordinance respecting the City Police. ARTICLE I. GENERAL REGULATIONS. “YI. CITY PRISON, ¢ III, SECRET FUND. ARTICLE I. GENERAL REGULATIONS. § 214, The mayor shall be the head of the police de- partment, and shall superintend and direct the police gen- erally. See that the several members are prompt and faithful in the discharge of their duties, and at all times shall take such measures as he may see fit for the preservation of the peace and good order of the city, and enforcing the laws and ordinances of the city. § 215. The aldermen and common councilmen shall co- operate with the mayor in preserving the peace, and enforcing the laws and ordinances. As conservators of the peace, they may arrest, or cause to be arrested, with or without process, and taken before the proper tribunal in the city, all persons who shall break or threaten to break the peace; and may commit or admit such persons to bail. They may arrest, or cause to be arrested, all persons who shall be found committing or violating, or who may be reasonably suspected of having committed any crime or misdemeanor, or violated any ordinance of the city, for the preservation of the peace and good order thereof, And shall have power to detain, or order the detention of all such persons in custody, in the city prison, over night, and over the Sabbath, and until such person can be examined or tried by a competent court or magistrate, unless he give bond according to law. That there shall be appointed annually by the mayor of the city, aS many policemen, as may be designated from time to. time by, the boards, to guard and. protect the city. POLICE. 153 And shall be subject to his control in the discharge of their duties, and may at any time be removed by him for any misconduct or neglect of duty. § 216. The chief of police shall be the chief of the acting Chief of police. police, under the mayor. It shall be his duty to cause and see that the public Duties. peace is preserved, and whenever any violation thereof shall come to his knowledge, or be reported to him, he Shall report. shall cause the requisite complaint to be made, and see that the evidence is procured for the successful prosecution of the offender. He shall obey, and cause the police officers under him to Obey mayor. obey the directions of the mayor, and see that they per- form their duties promptly and faithfully. In case of tumult, riot, insurrections, or threatening mm case of thereof, he shall take command (under the direction of the "> &* mayor) in person of the police, and direct their movements and operations in the discharge of their respective duties. He shall attend at the mayor’s court, at the mayor’s office, Attend mayor's and at the office of the city prison, at such times as the °"™ mayor may direct. He shall keep; and cause to be kept, and made at such Shall keep time and such manner, all records, registers, books, and °°“* “* reports concerning the affairs and operations of the police department, as may be directed by the mayor. § 217. The assistants, and all other police officers, shall, Assistant chief in all things, obey and assist the chief of police in the sia SS charge of his duties. § 218. The captain of the night watch shall be ig: Captain of the chief executive officer (under the mayor and chief of po- peta ah lice) of the night watch, and shall direct them or any mem- Duties. ber of them under him. And he shall obey, and cause the members of the night watch under him to obey the rules, orders, and regulations prescribed by the mayor and the ordinances of the city. He shall be responsible for the efficiency, general con- duct, and good order of the night watch. § 219. The heutenants shali aid and assist their supe- rieutenant of rior officers in the discharge of all their duties, and shall $° 2" obey all directions that they may give, and see that his subordinates are efficient, prompt, and faithful, in the dis- charge of their police hen 20 154 Police officers or privates. Shall report for duty. Devote their time, &c. Preserve order, &e. Power to arrest. Shall serve process. Same powers as State officers in certain cases, Penalty. No person shall resist or inter- fere with any officer. ORDINANCES. § 220. The police officers are required to devote their attention to the preservation of the peace, quiet, and good order of the city, and the enforcement of the city laws and ordinances. They shall severally report themselves for duty at such time and place as the mayor, chief of police, or captain of the night watch shall direct, and render such prompt and energetic assistance as may be required of them or the. ex- igencies of the service demand. They shall devote their time and attention to the dis- charge of the duties of their office according to the regula- tions prescribed by the mayor. They shall preserve order, peace and quiet, and enforce the laws and ordinances throughout the city. | They shall have power to arrest all persons in the city found in the act of violating any law or ordinance, or aid- ing or abetting in any such violation, and all dangerous and suspicious characters, and all persons found under sus- picious circumstances, and shall take such persons to the police stations to be committed to the city prison, unless they give bond according to law. They shall have power and authority m the city, to serve and execute warrants aud other processes, for the appre- hension and commitment of persons charged with or held for examination, or trial, or taken in execution for the com- mission of any crime or misdemeanor, or violation of any law or ordinance of the city. § 221. And while making such arrest or while executing or serving, or assisting in the execution or service of any such warrant or process, shall be vested with and have all the powers and authority conferred on such officers by chapter V, title 4, part 2, of the Code of Alabama. | § 222. Any member of the city police who neglects or reiuses to perform any duty required of him by the laws or ordinances, or the mayor, or in the discharge of his official duties shall be guilty of any fraud, extortion, oppression, favoritism, partiality, or wilful wrong, or neglect of duty, or injustice, Shall be fined in such sum as the mayor may impose, not exceeding fifty dollars, and be discharged from office. § 223. If any person shall resist any police officer in the discharge of his duty, or shall in any way interfere with or hinder or prevent him from discharging his duty as a police POLICE. 155 officer, or offer or endeavor so to do, or assist any person in custody of any policeman to escape or attempt to escape from such custody, or rescue or attempt to rescue any per- son so in custody, he shall be fined in such sum as the mayor may impose, not exceeding fifty dollars. § 224. All persons when ealled on by any police officer An persons shall promptly aid and assist him in the execution of his Sieoee ston duties, under such penalty as may be imposed by the “*?°™ mayor, not exceeding fifty dollars. § 225. If any person shall falsely represent any of the No person members of the city police, or shall maliciously or with in- Seevecent tent to deceive, use or imitate any of the signs, signals, ?°'°* ** devices, or similar uniform or number adopted and used by the city watch, he shall be fined such sum as the mayor may impose, not exceeding fifty dollars. § 226. The officers and members of the police shall, as Police to be soon as practicable after the passage of this ordinance, be to: meets ya uniformed and numbered, and the officers thereof shall and number. wear a badge of office, which uniform and number shall be prescribed and designated by the mayor and joint police committee. The uniform and number shall be worn at all times when In case of on duty, and when any officer or member thereof shall Hon, oot h b resign, be discharged, or term of office expires, he shall to bedelivered. deliver his number to the chief of police, who shall be held ;oicc” * accountable for the same; and in case of death, the chief of police shall procure his number from his family or other person who shall be in possession of the same. Such number shall be worn and at all times attached to number worn the front of the hat or cap, so that the same may be dis- * es at hes tinctly seen. If any policeman, after resignation, discharge, or expira- Penalty. tion of office, shall fail or refuse to return his number, he shall be fined in such sum as the ayON may impose, not exceeding fifty dollars. The number and the badge shall be furnished at the ex- pense of the city, and the uniform shall be furnished by the police at their own expense. 156 City prison, location of. Mayor shall appoint keeper, deputy keeper, and three alarm sentinels. Keeper. Deputy keeper. Duty of keeper. Shall give receipt. Take receipt. Copies. Keep book to keep account of all articles received or taken from prisoners. Shall furnish food. Shall keep prison clean. Shall make a weekly report to the mayor. ORDINANCES. ARTICLE II. OITY PRISON. An Ordinance to establish and regulate the City Prison. § 227. Be it ordained, That the building on the south side of Conti street, between Royal and St. Emanuel streets, now occupied as the city guard house, be, and is estab- lished and called the city prison, and shall be the place of confinement of such persons as are imprisoned for viola- tion of the city laws, ordinances and by-laws, and for the temporary safe-keeping of persons arrested by the city police. § 228. That there shall be appointed, by the mayor, a keeper of the city prison, a deputy keeper, and three alarm sentinels. § 229. The keeper of the city prison shall have the charge and keeping of the prison, and the custody of all persons confined therein. § 230. The deputy shall in all things obey and assist him in the discharge of his duties. § 231. When any person is committed therein he_ shall give to the officer or person who may have the custody of such person, a receipt stating the alleged name, the charge against him, and from whom received, and when such per- son is discharged or placed in custody of any other officer or person he shall take a like receipt, a copy of which he shall keep in his office. He shall keep in a book, kept for that purpose, a full account of all articles or property taken from any person placed in his custody, or received of any person in custody, for which he shall give a receipt to such person, setting forth the date, name of the person and description of the articles, and upon the discharge on bond, or otherwise, of the prisoner, shall deliver such articles as belong to him, unless they have been used as the means of committing a felony, or necessary to be used in evidence. He shall furnish to all persons who are confined therein, proper food and diet, according to the regulations that may from time to time be made by the city authorities. He shall keep the prison clean and well ventilated. He shall weekly make a report to the mayor, of the names of all persons committed, discharged and remaining POLICE. 157 in eustody, accompanied with the vouchers for the dis- charge. § 252. He shall deliver, or cause to be delivered to any Prisoner to : . ue £ oc ‘ have food and prisoner confined therein, any food, drink, wearing apparel, clothing deliv- or bed clothing (wine or spirituous liquors excepted) piso which may be brought to the prison for any prisoner. It shall not be lawful for the keeper of the city prison, Prisoner to : fs J : A have communi- or any police officer, to prevent a prisoner from having in- cation with - ° ‘ C . ‘ a] terviews with counsel, relations or friends, in the day time, and relatives. for a proper purpose. Such interviews may, at his discre- tion, be in his presence, or in the presence of some police officer under his direction, or the direction of the chief of police. The keeper of the city prison shall inspect all articles of Keeper of : ° ° : ‘ison to food or clothing brought to the city prison, tor a prisoner, examine arti- to see that there are no tools or implements thus conveyed Cisoners.. into the prison to aid in the escape of any one. Any keeper of the city prison, or any police officer, who shall violate the provisions of this section, shall be fined in such sum as the mayor may impose, not exceeding fifty dollars, and shall be discharged from service. § 233. He shall demand and collect for the city from Fees of prison. every person confined therein for any violation of the or- dinances of the city: For commitment, = - 2 z é : : - $1 00 And for every day that he may continue there, - 30 And for every bond, - - - - Seer 50 § 234. That one of the alarm sentinels shall be at all Duty of alarm times on the bell tower, to watch and observe the city. = “™" He shall cry the hour of night, or strike the bell, at each shail ery the half hour through the night, till daylight, as he may be sha heals directed by the mayor. § 235. Whenever there is any alarm of fire, he shall onan alarm of strike the bell to indicate the alarm for all parts of the engi ae pen. city south of Dauphin and east of Royal street, with one tap. All north of Dauphin, east of St. Joseph, two taps. Fire limits All south of Dauphin, west of Royal, and east of Frank- °°!" lin, three taps. All north of Dauphin, west of St. Joseph, and east of Franklin, four taps. All south of Dauphin, west of Franklin, and east of Broad, five taps. . 158 ORDINANCES. All north of Dauphin, west of Franklin, and east of Broad, six taps. All south of Dauphin, and west of Broad, seven taps. All north of Dauphin, and west of Broad, eight taps. BROAD. STREET. = 5 f 6 > D Shien, HEANICLEN pac STREET. - na by ST. JOSEPH ST. Qy = =) ROYAL STREET. =< Ss peter 2 MOBILE RIVER. For riot, é&c. For riots or civil commotion, rebellion or insurrection, double the number. Viz? 151 372) 253,33 Ff, 43 OG Or Os 1, vs, Oo. CITY PORTER. 159 ARTICLE III. An Ordinance to establish a Secret Fund. § 236. Be it ordained, That there is appropriated from Appropriation. the city treasury an amount equal to ten per cent. on the total money paid by the chief of police, to be called the ‘ Seeret Fund.” § 237. This amount shall be paid by the treasurer to the To mayor. mayor, who shall take his receipt within five days after it is paid into the treasury. To be under his sole control—to be used as he may see Under his fit in facilitating the operations of the police, and to make tte cced them efficient. | He shall make monthly exhibits to the presidents of the He shall make two boards as to the disposition of the fund, and annual exhibits. reports to both boards. § 238. If it appear to the mayor and the two presidents puty of at any time, that the fund is larger than is necessary for }ielmeo”™ its purpose, such surplus shall be paid to the city treas- urer, taking his receipt for it. CHAPTER XXVI. CITY PORTER. An Ordinance creating the Office and defining the Duties of City Porter. § 239. Be it ordained, That the mayor shall, as soon as Gity porter to practicable after the passage of this ordinance, appoint a py en city porter, who shall hold his office for the balance of this municipal year, and shall be annually appointed thereafter by the mayor, and who shall be removed at the pleasure of the mayor for any reasonable cause or dereliction in the performance of his official duties. He shall receive such salary as the corporate authorities may from time to time determine. § 240. It shall be the duty of the city porter to have all puties of the offices of the public officers of the city in the municipal °° buildings, properly cleaned and prepared for their occu- 160 He shall attend the meetings of the boards, committees and conventions. Penalty. Keeper elected. Duties. Shall keep book Fees. ORDINANCES. pancy by 9 o’clock of each day, with fires lighted, and sup. plies of coal provided in said offices, whenever the same may be necessary. It shall also be his business to be in attendance at the municipal buildings during office hours, and as long as any of the city officers may be engaged in their offices, and to attend to the lighting of the rooms and fires at each regular and called meeting of the boards of aldermen and common council, or conventions, and to remain until after such boards or convention adjourn, to perform any services that may be required of him by them. He shall also attend at the municipal buildings as long as any committee of either board shall be in session. He shall go on all errands that may be required of him by an officer on official business, and to do and perform such other duties as may be required of him from time to time by the corporate authorities. For any violation by the city porter of any of the provi- sions of this ordinance, shall subject him to such penalty as the mayor may impose, not exceeding fifty dollars. CHAPTER XXVaAT POWDER—GUNPOWDER. An Ordinance to regulate the keeping of Gunpowder. § 241. Beit ordained, That there shall be annually elected in convention a keeper of the powder magazine, who shall give such bond and receive such compensation as the cor- porate authorities may from time to time determine. § 242. That he shall keep a book in which he shall note and enter every keg and package of gunpowder received into and delivered from the magazine, or transferred while in the magazine, as well as the owners’ names, and the marks and numbers thereof. And he shall render an account quarterly, and oftener if required by the city authorities, of all gunpowder stored. ~ § 243. And for his services he shall receive fifteen cents for the first keg of powder delivered to any person, and eight cents for each additional keg delivered, which shall POWDER.—GUNPOWDER. 161 be regarded as sufficient compensation for furnishing and feeding his horse to be used for delivering said powder. He shall, monthly, and up to the end of each and every Shall make month, present to the mayor, aldermen and common coun- Parts of money cil, a full, exact, and correct account of all moneys received ““°Y"" by him for receiving, storing, and delivery of powder, and pay the same to the city treasurer. He shall keep at all times, and in good repair, a covered shall keep a wagon or cart (to be furnished and provided by the mayor, ““"°" who is authorized and required to provide it at the expense of the city) for the transportation of powder to and from the magazine. § 244. That the house and premises now occupied for the Magazine storage, located at or near the mouth of Chickasabogue, ““’""** is established as the ‘powder magazine” for the city of Mobile. | § 245. That it is not lawful for any person to keep more no powder tobe than twelve and one-half pounds of gunpowder in one *°?*°°?' parcel, nor more than two parcels in his store, warehouse, dwellinghouse, or outhouse, in the city, at any one time ; and such gunpowder shall be kept in tin canisters. § 246. That no vessel having powder on board shall be wo vessel shall permitted to be alongside of any wharf in the city more Wiiiowa than twenty-four hours. § 247. That no person shali land any gunpowder at any now landed. of the wharves of the city in any box, tierce, or package, other than the original keg or barrel, unless the same be legibly marked “powder.” That no person, except the keeper of the powder maga- How carried. zine, shall carry gunpowder through the streets of the city. That every owner, agent, or consignee of any powder Shall be deliv- landing from any vessel, shall deliver it over immediately “°* '° "°°? to the keeper of the powder magazine to be stored. Every person violating this ordinance shall be fined. in penaity. such sum as the mayor may impose, not exceeding fifty dollars. § 248. That for every keg or package of gunpowder, of not Pees for storage more than 25 pounds, received into the magazine for stor- age, there shall be paid in advance, for the first six months, 75 cents, and in that proportion for large packages. And if the powder remain in the magazine for a longer time than six months, there shall be paid in advance one half of these 21 162 ORDINANCES. rates. And so on for each and every succeeding six Powder remain- ing more than six months for- feited. Fire warden to direct the stor- ing of rosin, tar, turpentine, oil, &e. Any merchant may keep five barrels on sale. Municipal buildings de- clared. The mayor's court room. months. . That if the ownership of any powder shall be changed while on storage, the keeper may collect fifty cents for every transfer, for the registry thereof. That every person having powder in the magazine shall indorse on the back or margin of every order for powder, the time to which the storage of such powder has been paid. § 249. That all powder remaining in the magazine six months, on which the storage has not been paid, shall be forfeited to the city, and sold at auction. § 250. That rosin, tar, pitch, spirits of turpentine, petro- leum oil, and kerosene oil, shall be stored at such place or places as may be designated by the fire wardens and ap- proved by the mayor: Provided, that any merchant or other person may keep five barrels of each for sale in his place of business; and any person violating this section shall be fined in such sum as the mayor may impose, not exceeding fifty dollars. CHAPTER XXVIII. PROPERTY OF THE CITY. ARTICLE I. MUNICIPAL BUILDINGS. ‘“ - II. PUBLIC PARKS. ‘¢ Il. CITY PROPERTY. ad ARTICLE I. MUNICIPAL BUILDINGS. An Ordinance respecting the Municipal Buildings. § 251. Be it ordained, That the second story of the centre building of the southern market, fronting on Royal street, with the stairs leading thereto, is established as the muni- cipal building of the city of Mobile, within which the mayor or some one of the aldermen or common councilmen of the Court tobe held City of Mobile shall, on each day of the week, except Sun- daily. day, hold court for the trial and determination of all PROPERTY OF THE CITY. 163 offences against, or violations of, the by-laws and ordi- naneces of the city, which shall be called “The Mayor’s Court,” at which times may be heard complaints against persons charged with offences against the laws of the State of Alabama, in a room to be called the mayor’s court room. § 252. The board of aldermen shall hold their meetings Aldermen's in another. eae § 253. The board of common council shall hold their Common coun: meetings in the room assigned to the city treasurer. § 254. The mayor shall have his office in another. Mayor. § 255. The city treasurer in another. Treasurer. § 256. The city clerk in another. Clerk. § 257. The city tax collector in another. Tax collector. § 258. The city assessor in another. Assessor. § 259. The city engineer in another. Engineer. § 260. The chief of police and his assistants and the Chief of police. Assistants and officers of the police, shall have an office in another. ofticers of police § 261. The city police shall have an office in another. Police. § 262. And a guard-room for the safe-keeping and secu- Sesh for sa eeping. rity of persons who may be in custody, awaiting (tempo- ae rarily) the hearing of the case against them. eed ARTICLE II. PUBLIC PARKS. An Ordinance respecting Public Parks. § 263. Be it ordained, That the square bounded by Bienvitle Dauphin, St. Francis, Conception, and St. Joseph streets, ?*™* is established as a public park, to be be called Bienville Park. § 264. That the square bounded by Charles street on the Washington east, on the south by Augusta street, on the west by Chatham street, on the north by Maine and Charleston streets, is established as a public park, to be called Wash- ington Park. § 265. That no person shall use or occupy any portion Not to be occn- of either of the public parks, nor deposit any lumber, ?° timber, wood, brick, or any other material, nor hang clothes nor clothing, nor permit it to be done without the permis- sion of the city authorities. 164 ORDINANCES. Trees, &c.,not § 266, That no person shall cut down, bark, or in any to be injured, bie manner injure, cut, or break any tree, shrub, or flower planted in or about either of the public parks. Horses, &c.,not § 267. That no person shall turn into either of the parks to be turned any horse, cattle, or any animal whatever, nor permit it to be done. Nuisances for § 268. That for any intrusion upon, or interference with, Soe either of these parks, not heretofore specified, calculated in any manner to injure or deface, and for every nuisance Penalty. committed therein or thereon, and for any violation of this ordinance, shall be subject to such fine as the mayor may impose, not exceeding fifty dollars. Duty of police. § 269. That the police officers shall take any property or animals that may be found in either park, and place it in safe keeping, subject to the order of the chief of police, and give notice thereof to the owner at once. If no owner be found, or if he fails to pay the fine‘and costs, the chief of police shall sell it as follows: May seliprop- § 270, At. the expiration of one week from the time it | oe out ab was taken, he shall give three days’ notice in the official aes newspaper of the city, that it will be sold to pay the fine and costs, at which time he shall sell it to the highest bidder, for cash, in front of the municipal buildings, and the excess shall be paid to the owner, when known; if unknown, it is forfeited to the city. ARTICLE III. CITY PROPERTY. An Ordinance respecting City Property. Stores in south: ‘§ 271. Be it ordained, That the stores erected in the torent.’ southern market property shall be rented by the joint mar- ket committee, in such manner and at such time as, in their opinion, may best promote the interest of the city. Directionsasto § 272. That all leases shall expire on the first Monday in prac November of each year. That before executing a lease, or giving possession to any person, the committee shall take notes with securities approved by four of their number. Each note to be for three months’ rent, and made payable to the order of the city treasurer (who shall have the cus- tody of them) at the Bank of Mobile. PUBLIC POUNDS. 165 § 273. That all property belonging to, or pertaining to An other prop- the city, not provided for, or regulated by any of the ordi- oumerdt OF ine nances of the city, shall be under the control and disposal Sanies pe of the mayor and the presidents of the board of aldermen °°" and common council, subject to approval of the mayor, aldermen and common council. § 274. That no person shall injure or deface any of the Lamps, &c., not lamps nor lamp-posts, nor anything pertaining thereto, of Saupe the city, or extinguish the light thereof. Nor injure, nor destroy, break down, nor deface any No property to building, nor carry away any property whatever belonging yee to the city, under such penalty as the mayor may impose, Penalty. not exceeding fifty dollars. CHAPTER XXIXxX. PUBLIC POUNDS. An Ordinance to provide for the Impounding of Animals. § 275. Be it ordained, That the mayor is hereby author- inspector of ized, as soon as practicable after the passage of this ordi- erichcel te nance, to appoint some suitable person as inspector of “°™9°" animals and pound keeper, who shall hold his office until the end of this municipal year, and that he shall be ap- pointed by the mayor annually thereafter, and be removed at the pleasure of the mayor for any reasonable cause, or for any dereliction in the performance of his official duties. He shall give such bond and receive such compensation Bona. or fees as the corporate authorities may from time to time determine. § 276. It shall not be lawful for any horned or other cattle, Animals not to horses or mules, to go at large within the following pre- Tyastyrseosst scribed limits of the city of Mobile, to-wit: Commencing *"°®* at the foot of Congress street, westwardly along Congress to Royal, southwardly down Royal to State, thence west- wardly along State to Jackson, southwardly along Jackson to Monroe, thence eastwardly along Monroe to Conception, southwardly along Conception to Eslava, and thence east- wardly along Eslava to the Mobile river; and hogs shall wogs not torun : , : : le j not be permitted to run at large in any part of the city. Pat Fae aity. 166 ORDINANCES. Pound tobe § 277. That there shall be erected at the expense of the erected at ex- ° ; Ay pense of the Clty, on such grounds és the mayor and police committee tis may select, a high and substantial inclosure, to be known as the public pound, where all animals found going at large in violation of law, shall be confined in such manner and under such rules and regulations as hereinafter pre- seribed. Pound keeper § 278. It shall be the duty of the pound keeper to reside hear thepoand at or near the public pound, so as always to be near when a 1 ce a hg bd Z oe eaten mes animals are brought to be impounded. He shall keep a FEES ina of book in which he shall enter the name of the owner of each ane animal impounded, if known, with the date thereof, as also at the same time a description of each animal so impounded, and report daily to the chief of police the number and des- Description of Cription of all animals impounded, which shall be placed im- ary ree ntin Mediately on a bulletin board and hung up in a conspicuous beard at police lace in the guardhouse, so that the public may at all times Public. see the number and description of all animals confined in He shallfeed the pound. He shall take proper care of all animals in his and water“! charge, feeding and watering the same. He shall release Seth all animals in his charge upon proof of ownership and the payment to him of all fees and charges hereinafter provided ; and if in making proof of ownership, the party claiming the property shall think that he is unfairly dealt with, he shall submit his proof of ownership to the mayor, or, in his ab- sence, to the acting mayor, whose decision shall be final. eles ofpound § 279. That it shall be the duty of the inspector of ani- ; mals and pound keeper to take up and lodge in the public pound all cattle, cows, calves, horses, mules and hogs that may be found running at large in violation of this ordi- nance; and if any person shall attempt to arrest from the proper officer or either of his assistants any animal in his or their charge, or in any manner interfere with him or them, while driving, leading, or in any other manner con- veying any animal to the public pound, the person so offending shall be fined in such sum as the mayor may impose, not exceeding fifty dollars. . Public saleof § 280. That it shall be his duty to hold a public sale at spas a the public pound at the hour of 12 o’clock M. on every sabia Monday of each week. ! Animalstobe . Lhat he shall on every Friday, Saturday and Sunday advertised be- mornings advertise in some newspaper published in the ‘ PUBLIC POUNDS. 167 city of Mobile, the number and accurate description of each and every animal so impounded and to be sold on the fol- lowing Monday; and in said advertisement shall give notice that all animals not called for and the charges and expenses paid thereon by 11 o’clock of the day of sale, will be sold aecording to the provisions of this ordinance. That he shall proceed to sell (after giving the lawful Net proceeds notice as aforesaid) all animals impounded whose owners the eitytreas have not come forward and made the proper proof.and "* paid all the charges herein provided, to the highest bidder, and the proceds of which sales, after first paying all fees, charges and expenses, shall be paid over to the city treas- urer, with a full exhibit of the sale and all transactions connected therewith: Provided, That in the cases of horses, cows and mules, not less than ten days’ notice of the sale to take place shall be given. § 281. That whenever any horse, mule or cow, or animal owner may re- of the like description, shall be sold under the provisions aye steht of this ordinance, the owners or agents thereof shall have thirty days from the date of such sale wherein to redeem the animals thus sold; and if the owners or agents of ani- mals sold as aforesaid do not apply to the keeper-of the pound within the time before mentioned and pay or tender to him the original purchase money which such animal sold for, together with twenty-five per cent. on such amount, he, she or they shall be forever barred from recovering the same: Provided, however, That it shall be city treasurer the privilege of the owner of any such animal sold in the O22o0 Pre manner aforesaid, within thirty days after the sale, to de- mand and receive from the city treasurer the net amount (less fifteen per cent.) of the proceeds of the sale of any such animal belonging to the party making such applica- tion, and ‘which was paid to said city treasurer by the inspector of animals; but in the case of hogs, they will be proceeds of sale sold as provided for i in this ordinance, and after deducting eh ok, arate charges, the balance, if any, will be forfeited to the city. § 282. That the following fees are hereby established, pees for im- and the inspector of animals and pound keeper authorized Poynting ant to collect the same—and in all cases the animals will be held liable for the payment thereof before delivery— to wit: 168 Dog not to re- main in the city . without a collar and payment of tax. Collar must be lettered C. T. P. Penalty. ORDINANCES. For impounding each mule, horse or cow, or animal of like description, . - - - - - $2 00 For impounding each half grown mule, horse or comay or animal of like description, patah Ligeed ‘41 00 For impounding each hog over 40 pounds, - ai ohrO0 For impounding each hog under 40 ee and over 10 pounds, - - . - - - - 50 For impounding each pig under 10 pothis : - 25 For feeding and taking care of each grown horse, mule, cow, or snimal of like description, per day, 1 09 For feeding and taking care of each half grown horse, mule, cow, or animal of like description, per day, - - . - - - - - 50 For feeding and sadiiine care of each grown ne8 per day, - . . - - - . 7 50 For feeding and taking care of each shoat iabuee 40 pounds and over 10 pounds, - - - - - 40 For feeding and taking care of each pig under 10 pounds, - - - - - - - . - 25 For selling each grown horse, mule, cow, or animal of like description, - - : : - - 2 00 For selling each half grown horse, yap cow, or animal of like deseription, = - - : - - 1 00 For selling each grown hog, - - - - 1 00 For selling each hog under 40 Sadie and over 10 pounds, - - . - - - - 50 For selling each pig under 10 oud : 7 25 § 283. No dog shall be permitted to be and remain jirvriit in the limits of the city of Mobile, as now established by law, unless the owner thereof shall have caused the tax imposed by this ordinance to be paid, and shall place on the neck of said dog the collar hereafter described. The tax for each dog over six months old, per annum, shall be two dollars, and for each slut or bitch over six months old three dollars, which shall be collected by the city tax col- lector. The owner of each dog on which the city tax has been paid, shall keep a collar of metal or of leather, with - a metallic plate thereon, on the neck of said dog, on which shall be inscribed the letters, to be plainly seen, “OC. T. P.,” together with the figures indicating the year for which the tax is paid; and if any owner of a dog shall permit such collar to be on any dog, without having paid the tax, or PUBLIC POUNDS. 169 shall fail to put on said collar, (the tax being paid) shall be guilty of a misdemeanor, and shall be fined in such sum as the mayor may impose, not exceeding fifty dollars. § 284. It shall be the duty of the inspector of animals, Dogs to be im- a baa A F pounded if with- and his assistants, to take up and impound in a suitable out collar. place, to be designated by the mayor and the police com- mittee, all dogs which are found in the corporate limits without collars, marked as above provided, and it shall be his and their duty to inquire from time to time from the city tax collector as to the persons who pay taxes on dogs, and if any dog is found with such collar on, without the tax ponatty, being paid, he shall forthwith arrest the owner and cause him to be brought before the mayor, and unless a sufficient cause be shown for such neglect, he shall be fined in such sum as the mayor may inpose, not exceeding fifty dollars. § 285. Every householder or head of a family, suffering Dog not to re- main on preim- a dog to remain on his or her premises, without having ises without such collar on, or reporting the same to the inspector, he Penalty. or she shall be fined in such sum as the mayor may impose, not exceeding fifty dollars. The inspector of animals shall be entitled to receive a fee Fees for re- of two dollars for the redemption by the owner or other “™?% person of every dog impounded, and twenty-five cents per day for feeding, watering and taking care of each dog; and if the owner does not redeem within five days, any other person paying the fee may redeem; and if no one Dogs may be comes to redeem within seven days, it shall then be the Si if notre duty of the inspector to have such dogs slain, and he shall be entitled to receive from the city treasurer one dollar for each dog slain, the slaying to be done in the presence of the chief of police or one of his assistants. The city treas- Fee of inspector urer Shall be authorized to pay the one dollar to the in- spector for each dog so slain, upon the certificate of the chief of police, approved by the mayor. But no one shall redeem any dog until he first pays the proper tax to the city tax collector. Every dog slain under the provisions of this ordinance shall be buried in a hole of proper depth, in some unfrequented place. § 286. Any slut or bitch found in heat running at large Any bitch in in the streets of the city, whether she have a collar on or Mpa. be not, shall be slain by the inspector, his assistants or any ‘”- police officer. 22 170 ORDINANCES. Owner of dan- If any fierce or dangerous dog shall be at large in the gerous dog sub- 4 ‘ jecttoafine Streets, or in any enclosure untied, shall endanger any per- and dog may be . : killed. son passing along the public thoroughfare, the owner shall be subject to such fine as the mayor may impose, not ex- ceeding fifty dollars; and it may be a part of the sentence upon said conviction, that said fierce or dangerous dog be killed, and if so, it shall be the duty of the chief of police to cause said dog to be killed. Inspector to The inspector shall place on the bulletin board at the place descrip- . . : . tion of dogs on police office, every morning after the taking up and im- bulletin board : . eas ‘ at police ofice. DOUNding of any dog, a full description thereof, showing the date of his being impounded, which shall remain there- on for seven days, unless in the meantime the dog shall have been redeemed. Meaning of The word “dog,” whenever used in this ordinance with- word dog. P A ate ; out qualification, is intended to mean a female as well as a male dog. Owners maybe § 287. Whenever it shall, in the opinion of the mayor, required to : : . keep their dogs Nake it necessary for the public safety, or to prevent the pa gnee Prem yrevalence of hydrophobia, it shall be his duty to issue a proclamation notifying owners of dogs to keep the same well secured on their premises; and any dog found at large in any street or public place, at the expiration of two days after such proclamation has been issued, shall be killed immediately, unless muzzled and accompanied by his own- Penalty. er; and the owner thereof shall be fined in such sum as the mayor may impose, not exceeding fifty dollars. Inspector may § 288. That if the inspector of. animals, pound keeper or fhe any of his assistants, shall, in any manner, violate any of the provisions of the foregoing ordinance, he or they shall be fined in such sum as the mayor may impose, not exceed- ing fifty dollars. PUBLIC SAFETY, &C.—PUBLIC MORALS. 171 CHAPTER XXX. PUBLIC SAFETY, OR CONVENIENCE. An Ordinance defining offences affecting public safety or convenience. § 289. Be it ordained, That whoever shall, in the streets Animals not to of the city, ride or Hive any beast of burden, beyond a Piaidcraty i moderate gait, (unless in case of urgent necessity,) or shall “ptt ride or drive any such animal by intentionally and wilfully causing any animal, or vehicle thereto attached, to come in collision with, or strike, any other object or person, or shall Cruelty to ani- inhumanly Bei cruelly beat, injure or otherwise abuse any Ponty dumb animal, shall be fined in such sum as the mayor may impose, not Be ouadin® fifty dollars. § 290. In all cases of persons meeting each other iM Ve- Persons and ve- hicles in the streets, or on foot on the side walks, each per- ringer pty son so meeting shall turn off and go to the right side of the ™#"* street or side walk, so as to enable such vehicles or persons to pass each other without accident or collision. § 291. Every person violating the provisions of this or- penaity. dinance, shall be fined in such sum as the mayor may im- pose, not exceeding fifty dollars. CHAPTER XXXI. PUBLIC MORALS. An Ordinance to prohibit Vagrancy, Quarreling, Riotous, Immoral and Disorderly Conduct. § 292. Be it ordained, That no person shall be guilty of no fighting on I fighting, quarreling, or any riotous, indecent, blasphemous oe yt language, or disorderly conduct in the streets, houses, or Pousnass anywhere else in the city, nor of abusing, provoking, or disturbing, either by word or action, any person in, or walking in any street, road, or public way. 172 ORDINANCES. Nor scandalous Nor shall show or expose in public any writing, sign, seh drawing, print, caricature, statue, or any other object which may excite scandal, or has a tendency to disturb the public peace. Drawg pic- Nor shall write or draw any obscene or vulgar language, catures forbid. OF Grawing, or caricature, on any wall, house, fence, or es other public place. Nor injure any Nor shall break down, destroy, injure, or carry away, any fence or any part thereof, or the steps, or blinds, or doors, of houses. Nor deface any Nor shall deface, break, or carry away any sign, board, Sisnorplate. or plate, indicating the name, residence, occupation, or business of any person. Norinjure any Nor shall destroy, break down, mutilate, or deface any tombstone. 1 tomb, grave, or sepulchral monument, erected in any bury- ing-ground, or in any way violate the same, under such penalty as the mayor may impose, not exceeding fifty dollars. Allpersons va- § 293. That all vagrants, idle, dangerous and suspicious fisorderly, &e. OL disorderly persons, or persons of evil life or ill fame—all persons that have no visible means of support, or are Or beggars, or likely to become chargeable to the city as paupers, all per- drunk, or loiter- A c ers, or no busi: SONS who may be found begging, all persons drunk in or pai about the streets, all persons loitering in or about bar- rooms or tippling-houses, all persons who have no reasona- ble course of business in the city, Ornoplaceof All who: have no fixed place of residence, all who are residence, or publicly inde. grossly indecent in language, person, or behavior publicly tutes oc keep, in the streets, all public prostitutes or such as lead a Pre of Tigtous , notorious, lewd or lascivious course of life, all persons See occupying houses in the city who shall keep the same in a riotous or disorderly manner, or permit such conduct on his premises, shall be subject to such penalty as the mayor Persone fined May impose, not exceeding fifty dollars: Provided, That he may give bond. nay release himself from such penalty by giving bond in such sum as the mayor may prescribe for six calendar months, conditioned to be of good behavior for sueh time, and to indemnity the city against any charge for his support, or he may, at the discretion of the mayor, be permitted to leave the city; and for dangerous and suspi- cious characters, may be sent therefrom without their consent. PUBLIC MORALS. 173 § 294. Whoever shall bathe, wash or swim in the Mobile Bathing in bay . : . : , ot Mobile and river, or in Mobile bay, or in any other water course, pond, river in city pool, or in the intrenchment ditches, between one hour be- "rd" fore sunrise and one hour after sunset, being naked or in- sufficiently clothed to prevent improper exposure of his person, shall be fined in such sum as the mayor may im- Penalty. pose, not exceeding fifty dollars. § 295. Whoever shall appear in any public place in a state No person shall of nudity, or in a dress not belonging to his or her sex, or nt belouzing > in an indecent or lewd dress, or shall make an indecent ex- sex" posure of his or her person, or be guilty of an indecent or lewd act of behavior, or shall exhibit, sell, or offer to sell, sening 1ewa any indecent or lewd book, picture, or other thing, or shall (oc nibitea exhibit or perform any indecent, immoral or lewd play, or other representation, shall be fined such sum as the mayor Penalty. may impose, not exceeding fifty dollars. § 296. Whoever shall, in this city, disturb or disquiet pisturbing re- any congregation met for religious worship, by making a panic? noise, or by rude and indecent behavior, or profane dis- course within the place of worship, or so near the same as to disturb the order or solemnity of the meeting, shall be Penalty. fined in such sum as the mayor may impose, not exceeding fifty dollars. That the mayor be, and he is authorized and required, to suppress all night assemblages of noisy and disorderly per- sons, and all such as may disturb the rest and quiet of the neighborhood ; and all persons engaged in such collections or assemblages shall be liable to such fine and penalty as the mayor may impose, not to exceed fifty dollars, or not exceeding six months in the work house. § 297. Whoever shall be guilty of sticking or putting up no posters or in any street, avenue or alley, or on any wall, fence or other py itaeieee public place in this city, any indecent or gross printed or fe &¢ written advertisement, bill, or notice of his professional skill or remedies for the curing of venereal, or what is usually called secret diseases, or causing the same to be stuck or put up, or shall cause any such indecent or gross written advertisement, either as a bill or circular, whether enclosed in an envelope or in any other form, to be left in any yard or premises attached to any dwelling house, or shall put under the door, or to be given to any servant in or about such dwelling house, shall be fined in such sum as penalty. the mayor may impose, not exceeding fifty dollars. RY 174 ORDINANCES. CHAPTER XXXII. SABBATH. ARTICLE I. An Ordinance to regulate the observance of the Christian Sabbath Day. No person over § 298. Beit ordained, That no tradesman, laborer or other fifteen years 4 iy shall break the Person whatsoever, over the age of fifteen years, shall do Sains or exercise any worldly labor, business, or work of their ordinary calling, on the Christian Sabbath, (works of ne- cessity, charity, and the necessary occasions of the family Penni excepted) under such penalty as the mayor may impose, not exceeding fifty dollars. | Novstorsiake. § 299. That no person shall publicly expose for sale, nor to be open. sell in any store, shop, warehouse, or otherwise, any goods, wares or merchandise, upon the Christian Sabbath ; and all stores, shops and warehouses in which goods of any de- scription are kept for sale, shall be closed during the en- tire day, from twelve o’clock Saturday night to twelve Penalty. o’clock Sunday night, under such penalty as the mayor may impose, not exceeding fifty dollars. Exception, ho. This section does not apply to keepers of hotels, board- eet ing houses, or public eating houses, where no spirituous liquors are kept for sale, nor to apothecaries in their busi- ness as such. No drinking § 300. That every keeper of a drinking house or shop, ot ; vere cpiita: Where spirituous or vinous liquors are kept for sale by the ous or vinous liquors arekept ZlaSs OF drink, who shall allow the same to be kept open,, or shall sell, or permit to be sold, any vinous or spirituous Penalty. liquors on the Christian Sabbath day, shall be fined such sum as the mayor may impose, not exceeding fifty dollars. No sportsor ' § 301. That no sports, public exercise, or exhibitions, or gamesexhib- ames of any kind shall be allowed on that day, under such penalty as the mayor may impose, not exceeding fifty dollars. Billards, ten- § 302. That any owner or keeper of any billiard table, pinsand public, : : amusements nine or ten pin alley, or any other place of public amuse- forbidden. ment, who shall keep or permit the same to be kept open SHOWS, THEATRES, EXHIBITIONS, &C. 175 for use or amusement on that day, shall be fined in such Penalty. sum as the mayor may impose, not exceeding fifty dollars. § 303. That no person shall buy any goods or thing's Shall only pur- “ ; ‘ » chase necessa- whatever on that day, except in cases of sickness and for ries. the necessaries of life, under such penalty as the mayor Penalty. may impose, not exceeding fifty dollars. § 304. That no wagoner, carter, drayman, driver, or Ser- No drivsr shall ° A load or unload vant, shall, with his cart, dray or wagon, load or unload cart, dray, &e., ee : : acaq OF drive sheep, any goods, wares, merchandise or produce, or drive horses, horses, cattle, wae &, cattle, sheep or swine in any part of the city on that day, “° (except in case of necessity) under such penalty as the mayor may impose, not exceeding fifty dollars. § 305. That if any person shall disturb any congregation Plapclor seen 4 Ship shali not pe of people lawfully assembled at any church, or public place disturbed. of worship, to perform divine service, Or shall at any time cause any riot or disturbance in any Penalty. of the churches or public places of worship, of any sect of religion within the city, he shall be fined such sum as the mayor may impose, not exceeding fifty dollars. § 306. That barbers may keep open their shops on that Barbers may . D eep open un day until 12 o’clock at noon, and not after, under such pen- 12M. alty as the mayor may impose, not exceeding fifty dollars. § 307. That the provisions of this ordinance shall not Not to apply to : . por vesels arriving apply to steamboats or vessels, or railroad trains arriving or departing. or departing on that day. Nor to ice houses, livery stables, fruit or melon stores or Nor to ice houses, livery stands, nor to milk carts furnishing the usual supply of stables, milk carts, gas- milk to families, nor to gas works, nor to newsboys deliver- works news- ing papers, nor to bathing establishments. pe peer CHAPTER XXXIII. SHOWS, THEATRES, EXHIBITIONS, &c. An Ordinance to regulate Shows, Theatres, Exhibitions, &c. § 308. Be it ordained, That it is not lawful for any person Unlawful to ex- pants . : hibit theatrical to exhibit any theatrical or any equestrian performance, or equestrian ; LL performance, panorama, diorama, or paintings, or any rare Or UNCOMMON Ke. animal, or person, or any rope dancing, or feat of strength 176 Or public balls. Or street musi- cians to perform without license. Mayorand pres- idents of two boards to deter- mine tax. Police shall at- tend all such performances. Shall be admit- ted free. At request, mayor may ap- point four police officers to at- tend. Duties of such ofticers. Penalty. ORDINANCES. or agility, or any performance or show where the public are admitted for money or reward, nor to have or hold any fancy, or masquerade, or public ball, where the public are admitted for money or reward. Nor for street musicians to perform upon any musical instrument in any street of the city, for money, unless they shall have a license fixed by the mayor and the presiding officers of the two boards, under such penalty as the mayor may lnpose, not exceeding fifty dollars. § 309. That the mayor and the presiding officers of the two boards shall assess the tax to be paid for such license, and the length of time. § 310. That at least one of the police officers shall attend all such performances and exhibitions, and preserve good order. And the person having such license shall admit him free of charge, under such penalty as the mayor may impose, not exceeding fifty dollars. : § dll. That the mayor, at the request of the managers of any theatre, may appoint four police officers to attend the theatre every night of performance, who shall be paid by the managers for their services, and whose duty it is: To preserve strict order and decorum within the theatre. To arrest and eject from the theatre any person who may be creating riots or disturbing, either by loud and boisterous talking, whistling, swearing, or hallooing, or any - ungentlemanly or indecent acts or conduct. And they are vested with full power and authority to call upon any person to assist or aid them in the peform- ance of their duty. § 312. That any person guilty of any of the acts pro- hibited by the last section shall be fined such sum as the mayor may impose, not exceeding fifty dollars, and when arrested by the police may be required to give good secu- rity for his appearance before the mayor, on that or the next day, and in default thereof may be committed to the city prison. STREET RAILROADS. 16% SE CHAPTER XXXIV. STREET RAILROADS. An Ordinance to regulate the building of Passenger Railways in the city of Mobile, and their uses. '§ 313. Be it ordained by the mayor, aldermen and common Passenger rail- council of the city of Mobile, That whenever, hereafter, any desing to con- company or corporation shall desire to construct a railway fey peeaner ak for the conveyance of goods or passengers along any of the *hotes- streets of this city, they shall be required to petition the corporate authorities for the privilege, stating the street along which they desire to build such road, and the points between which they desire to build the same. And if they do not commence to build within six months from the time of obtaining permission, the corporate authorities may grant the privilege to others; and if, after commencing Road must be the company shail for two years leave any part of the road ae vine uncompleted, or decline to complete any part of Such road, then, as to the part of the road so uncompleted, the corpo- rate authorities may grant to others the privilege of build- ing and using the part of the road so uncompleted. § 314. Be it further ordained, That whenever permission Au tracks must : ‘ be laid under shall have been obtained, the company or corporation shall direction and proceed to lay the track along the centre of such street, porate authot- unless otherwise authorized, complying with the surveys, "°* regulations and gradients that are now, or may hereafter be adopted by the city, and shall use such rail as the com- pany and corporate authorities may determine on, and shall so lay the same as to furnish no greater obstruction to the free use and enjoyment of the street than the speci- - men rail now in the office of the city engineer, and at a gauge of five feet two and a half inches, which shall be certified to by the city engineer and shall be filed in the city clerk’s office, before any cars shall be allowed to run on said road; and shall build and keep in repair all bridges, They shallbuild we 3 and keep in re- turn-outs, water-ways, &c., crossing the track, paving or pair all bridges, shelling the track between the rails, and for three feet on ““™°"™ < the outside of each rail, as may be determined by the city 23 175 ORDINANCES. Penalty. at any time; and should any company or corporation violate any of the provisions of this section, the company so violating the same shall be liable to such penalty as the mayor may impose, not exceeding fifty dollars for each and every day they shall be proven to have violated the same after due notice given by the city engineer. Company may § 515. Be it further ordained, That such company or cor- suis bur out poration shall and may make such turn-outs and sidings “ipa for enabling the cars, when traveling in opposite directions, to pass, as the business of the road may demand, and shall be empowered to use and run aS many cars as they may think proper. Mustemployso. § 316. Be it further ordained, That such company shall ber, careful drivers, andnot employ careful, sober and prudent drivers, who shall not et aera run the cars at a speed greater than six miles an hour, and ye dee shall use all exertions to avoid collision, giving due notice Penalty. to the drivers of other vehicles to prevent the same, and any infraction of this section shall be punished by a fine in such sum as the mayor may impose, not exceeding fifty dollars; but this fine shall not exempt the company from the penalties and responsibilities of such violations or acts committed by their drivers. Tivee ust § 317. Be it further ordained, That it shall be the duty of give way 0s, the driver of any car to give place or stop to allow any cart, carriage, dray, or other vehicle to cross the road, provided the same be traveling along any of the streets crossing the road. Horse power § 318. Be it further ordained, That said company or com- omy wltbe panies shall use no other motive power, unless specially permitted, for the conveyance of passengers and freight, than horses and mules, and that whenever it shall be ne- cessary to attach two horses, they shall be driven abreast. Shallrunecars § 319. Be it further ordained, That it shall be the duty on week days and on Sundays Of Such company to run a car on week days at least as at certain hours Often as every hour, from 7 o’clock A. M., to 9 o’clock P. M., and oftener if required by the corporate authorities ; and that they shall not be required to run at all on Sun- days, except between the hours of 9 o’clock A. M., and 2 o’clock P. M., nor between these hours shall they be re- quired to run oftener than once an hour. But this section shall not be construed to prevent trips at shorter intervals during the whole night, should the company so desire ; STREET RAILROADS. 179 and said company shall not demand nor receive more than Rate of fare. cents for fare between any two points on the road ; Provided, however, that one fare may be collected from each passenger going and another fee from each passenger re- turning ; and for every violation of this section, such com- Penalty. pany shall be subject to such fine as the mayor may im- pose, not exceeding fifty dollars. § 520. Be it further ordained, That every car on each Shall havenum road shall have the number of the car painted on each side, Bota tate in such place and manner as shall be plainly seen, and ths at night. shall carry at night a lamp in front and rear, with the number thereon, and shall be fully and properly lighted inside, under such penalty as the mayor may impose, not Penalty. exceeding fifty dollars. § 321. Beit further ordained, That any company building Company shall a road, shall obtain the necessary lines and grades from cial pewnee font the ihe engineer, and shall be liable to a fine in such sum “Y 2°" as the mayor may impose, not exceeding fifty dollars, for any violation of this section. § 322. Be it further ordained, That if any company shall If cars are not refuse or neglect to run sai cars, as provided by this of three months ordinance, for a period of three months, then the corporate Ma neha high authorities of this city shall rent the same, at public out- °° “4 ery, for the account of the company, for a period of twelve months, and if the same should not be rented, but should be idle for a perid of twelve months, then the said authori- ties may have the same taken up, the materials and furni- ture sold to the highest bidder, and after deducting the expense of taking up the road, selling the same, and re- pairing the street, the balance, if any, shall be paid to the legal representatives of said company. § 323. Be it further ordained, That if any person shall smoking in cars smoke in any car of any city a or otherwise in any ?*°"”*** way improperly conduct himself or herself, he or she shall penalty. be liable to such fine as the mayor may impose, not exceed- ing fifty dollars, for each and every offence. § 324. Be it further ordained, That it shall not be lawful Cars not to stop for any driver or conductor of any passenger car on any of nitsetnroan aie the city railroads to stop their cars so as to obstruct the ™®* streets intersecting the line of the railroad; nor shall they obstruct the foot crossings of the street, but it shall always be their duty to drive beyond the intersecting street and 180 ORDINANCES. Penalty. the crossing before stopping, under such penalty for each violation of this section as the mayor may impose, not ex- ceeding fifty dollars. Rights granted § 325. Be it further ordained, That no privilege or author- interfere ante ity herein granted shall be so construed as to interfere with ea veg ramet the operations of the fire department of the city, but in all peices instances, in case of fire, the use of the streets where rail- road tracks are laid, shall be subservient to the necessities of the fire department. Conductorand § 326. The conductor and driver of each car shall keep a ernbatwaten Vigilant watch for all vehicles and persons on foot, especially to prevent ac- children, either on the track or moving towards it, and on RL Ser Epon the first appearance of danger to such vehicles or persons, Re of the car shall be stopped in the shortest space and time possi- ble. The conductor shall not, under any circumstances, allow ladies or children to leave or enter the cars while the Penalty. same are in motion; and for the violation of this section, . such fine may be imposed as the mayor, in his discretion, may think proper, not exceeding fifty dollars. Right reserved § 327. Be it further ordained, That the corporate authori- eo fmze ™'S ties reserve the right to alter or amend the foregoing ordi- nance, whenever circumstances may require it. STREETS. 181 CHAPTER XXXV. STREETS. An Ordinance regulating Streets. ARTICLE I. TO ESTABLISH, OPEN AND REPAIR STREETS, ‘¢ II. REGULATION OF STREETS. “« Ill. SHELLING AND PAVING STREETS. ‘6 IV. REGULATION OF SIDEWALKS. «© y, CITY ENGINEER. ‘¢ VI. STREET COMMISSIONER. ARTICLE I. An Ordinance to establish, open and repair Streets. § 328. Be it ordained, That upon the written application vpon written of the owners of at least one-fourth in quantity of the onetomeh ine property through or over which any new street, or any hroemeh et alteration, improvement or repair is desired. to be made in pe snened al existing streets, or where any water shall settle or stand, [4'ec: & zepair- one-fourth of the owners of property adjoining such place ™y be made. shall petition the city to drain such place, the mayor shall Aavertise- give thirty days’ notice of such application, in the official ™°"” journal of the city, calling on all persons interested therein to signify their objections thereto. The city engineer shall then investigate and ascertain as Surveyor's near as practicable the probable cost and expense of the “""** work petitioned for, and inform the mayor thereof. At the expiration of the time given in the notice, the Mayor's duties. mayor shall report the probable expense to the two boards, together with what he has done, and submit any objections that may have been filed. § 329. That if the mayor, aldermen and common council rf directed, shall ordain that the work be done, the mayor shall then 723°°* cause one of the police officers to summon. a jury of twelve citizens to assemble at a given time and place, of which notice shall be given in the official newspaper. At the Assess. appointed day the mayor shall impannel a jury, to assess _ ORDINANCES. ’ the amount that the different pieces or parcels of the adja- Form of. Advertise- ments for pro- posals. Contractor give bond. How paid. Where the street termi- nates in the water. cent property shall contribute and pay to make up the amount of the probable cost and expense, in form as follows : We, the jury impanneled to assess the amounts to be paid for (opening of or repairing Dauphin) street, do find that the costs of the (repairs) will be (five hundred) dollars, and we assessthat A.B. shallpay - - - $100 00 B. C., executor of C.B., - + - EMT poe 100 00 The vacant lot on the north side of Dauphin, between Cedar and Warren streets, commenc- ing 100 feet from Warren, then running east 55 feet, with a ite of 110 feet, the owners pWeatai - - - 100 00 The president and flinsbtols of the Bank of Mobile, 200 00 MOBILE, 18 A. B., and eleven others, (the twelve signing.) Which shall be recorded by the city clerk, and a certified copy thereof by the clerk shall be a sufficient warrant for the tax collector to collect the said assessments, in the same manner as the taxes on real estate are collected. © § 330. That after the assessment shall be made the mayor shall advertise in the official newspaper for 10 days for sealed proposals to do and complete the proposed work ; on such proposals coming in, the mayor shall determine which is the best. The contractor whose proposal shall be accepted, shall give bond and security in double the amount of the con- tract for its faithful performance, and he shall not receive any money from the city, but shall be wholly paid as the work progresses, from the money collected from the assess- ment in the last section. § 331. That where the alteration, improvement, or open. ing of the street terminates on the water or extends by the bank thereof, that a sufficient bulkhead or abutment shall be made of square and sound timber, not less than 12 inches square, to be secured with braces and iron fastenings, and so made as to carry off the water from the street, and shall be kept in repair by the owners of the property benefited by the improvements, alterations, or openings. STREETS. 183 That all streets and extensions of streets now opened 1! streets now and laid off in the city, however or whoever made by, are olared Bevtid hereby declared to be public streets, subject to be regulated and disposed of only by the city authorities. . § 332. Whenever the corporate authorities deem it expe- Corporate an- dient to open any new street, or make any alteration, im- einen provement or repair in any existing street; or grade, pave “"°*" or shell any street at its own expense, as provided by the charter, it shall be the duty of the city engineer to ex- Duty of city amine into and report to the boards the probable expense” of the proposed opening, alteration, repair, paving, or shelling any street, and if after such report has been made, said boards then deem it expedient to have the proposed work done, they shall so direct by resolution, approved by the mayor, and pass the necessary appropriation to pay for the same. Said work shall be done under the direction and to the Weebtabe satisfaction of the mayor and street committee. ete ae of street com- mittee. ARTICLE II. REGULATION OF STREETS. § 333. Be it ordained, That no person shall lay pipes of Pipes, how laid iron, lead, or other metal, or of wood, for conveying water, or ™ “"° “"°°: for any purpose, in any of the streets of the city, nearer to the centre of the street than four feet. | That no person shall destroy or remove the bolts or other Bolts, &c.. not marks, indicating any lines of the streets. § 334. That no person shall erect, rebuild, or enlarge any No building or house, building, or fence fronting on any street in the city, erected unless unless he shall have called on the city engineer to desig- Gaentlines nate the line of the street. And any house, building or fence, which may be placed Declared a so that it encroaches on the street, is a nuisance, and shall eae be removed back to the proper line of the street. § 335. That it is not lawful for any person employed in Materials how pbuilding or repairing any house, store, or other building, "°°" to lay or place bricks, boards, timber, or any material for building, in the streets so as to occupy more than one-third of any street. § 336. That no person shall obstruct nor incumber any No cotton &c., street in any way, nor throw nor deposit in any street or to ibs epoalesil i in the street. gutter, ditch or drain, any cotton, lumber, firewood, cart, 0" *"" 184 No earth to be dug. No earth to be taken from any street. Penalty. Tf fails. Nor to injure any tree. Tf surface of the earth be disturbed must be left in same condition. Penalty. ORDINANCES. dray, wagon, or any article, nor any hay, straw, dung, kitchen stuff, broken glass, parings, or bits of leather, pa- per, or cloth, nor any shavings or chips, nor any kind of filth or trash whatever. Nor dig, nor haul, nor carry away, any earth or materials of any kind from any street, nor from any ditch opened or excavated. And if any person digs or nets away any earth or ma- terials from any street, as herein prohibited, he shall, in addition to the fine for such offence as may be imposed by the mayor, which shall not exceed fifty dollars, be required to return the earth, or materials, so removed, to the place from whence taken, and if he fails or refuses to do so, he may be fined in such sum as the mayor, or acting mayor may impose, not exceeding fifty dollars, for each day’s failure or refusal. No person shall cut, fell, break, strip off the bark; or damage in any manner, any tree, or tie any animal there- to, which is planted in any walk, square, street, road, or public way. § 337. It shall be the duty of any person, company or corporation, having the privilege of disturbing the surface of any of the streets, for any purpose, to leave the same in like condition as before disturbance, by filling and packing the earth so as to produce a level surface; and for any violation of this provision of the ordinance, they shall be “subject to such fine as the mayor may impose, not exceed- Nor injure any oe plate, Nor permit any erection to re- main which mayor directs to be removed. Nor haul so as to drag the street. How to plant trees. ing twenty dollars, for each and every day’s violation thereof. Nor pull down, remove, nor deface, injure, or destroy any _ board or plate indicating the name of any street. Nor permit any wall, house, or other building or erec- tion, to remain standing, if the mayor notifies him that he is of the opinion that they are liable to fall and endanger the lives of persons passing. Nor haul, carry or transport through any street of the city any timber, lumber, or any other article, in such man- ner that any inte: thereof shall drag upon or touch the street. Nor plant any trees in the street, unless they are placed on the outer edge of the sidewalk, and not more than eight inches within the line of the curb-stone. STREETS. 185 Nor shall erect any building, sheds, or inclosure of any Nor erect any kind, east of Front street, on the west side of the river. onat of Bont § 338. That there shall be placed the name. or sign of Sasnd-of sitet each street, in legibly painted letters, on one of the corners °° "°°" at the intersection of each street, north of Charleston, east of Broad, and south of Hunt streets, including these streets, upon a conspicuous place. That Front street shall be of the width of seventy feet, Width of Front measuring from the building on the west side of the street, pics sixty of which shall be used as a roadway for vehicles. § 359. Be it ordained, That on and after the passage of this ordinance, it shall be the duty of the mayor to employ some competent person who, under the direction of the city engineer, shall number each house and. vacant lot in the city of Mobile, so far as the same may be practicable. Thatit shall be the duty of the person so employed to take Person em- Dauphin street as the base starting-point for numbering Bae tases and all houses and vacant lots on streets running north and ie south, and the Mobile river as the base of streets running east and west. § 340. That the person so employed shall be required, Houses and lots within a reasonable time after his or their employment, to ‘??°"™™"" affix the proper number.on all houses and vacant lots front- ing on any street in the city of Mobile, for which the per- Fee. son so employed shall be entitled to demand and collect from the owner or owners of any house or vacant lot the sum of fifty cents as his compensation for the proper num- ber so affixed. If any person shall refuse to pay the fee required, or pre- Penalty. vent the affixing of the proper number, he shall on complaint be fined in such sum as the mayor may impose, not exceed- ing twenty dollars. § 341. That it shall be the duty of the person or persons Furnish engi- employed to do the numbering, to furnish the city engineer 3; onnee with the numbers and names of the owners of houses or lots as fast as the same shall be ascertained by him. § 342. That the person or persons employed as aforesaid, Under direction shall be under the direct supervision of the city engineer, a al and shall be by him when, in his judgment, the person em- ployed shall refuse or fail to execute the provisions of his contract in good faith, reported to the mayor. 24 186 Name of street to be placed on street lamps. One-third of owners may petition. Boards may direct. Work done un- der supervision of street com- missioner. He shall report cost. Mayor and city engineer shall assess. He shall certify to tax collector. Form of. ORDINANCES. § 343. All public street lamps shall have the name of the street painted in a conspicuous manner on the side which faces the street or streets on which they are placed, which shall be done at the expense of the city, under the direc- tions of the mayor. ARTICLE III. SHELLING AND PAVING OF STREETS. An Ordinance to provide for the Shelling and Paving of Streets. § 344. Be it ordained, That whenever the owners of at least one-third in quantity of real estate fronting on any street, shall in writing petition for the shelling or paving of such street within the city, it shall be lawful for the mayor, aldermen and common council to order such street to be shelled or paved. § 345. That the work shall be done in such manner as the mayor may direct, under the especial supervision of the street commissioner, and it shall be the duty of the city engineer, before the commencement of the work, to furnish the proper grade of the street to be shelled or paved. § 346. That when the work is completed, the city engineer shall ascertain and report to the mayor the expense of it. That then the mayor and the city engineer shall assess the proper amount to be paid by each owner of property, (or piece of property when the owner is unknown) fronting on the street where the work has been done. | They shall certify the assessment to the city tax collec- tor and the certificate shall be full authority for said tax collector to collect the assessment. It shall be in the following form : STATE OF ALABAMA, y] Crry oF Mositz. § ayor’s Office. To the Tax Collector of the City of Mobile: The city engineer having reported to the mayor of the city of Mobile that the expenses of (shelling or paving on street) amounts to five hundred polars, We assess that A. B. pay, - - - $100 00 3 ef C4) dulkpe aha niliodcnigatil of the estate of C. D., - - . - - - - - 5000 STREETS. 187 We assess that vacant lot on north-west corner and , with front of 55 feet and depth of 110 feet, - - - . . - - 6000 We assess that E. F., | - . . . . - $300 00 And the tax collector is commanded to levy of the goods and chattels, lands and tenements of the said persons, and to attach and sell the said lots to make the said several sums of money and costs, and that he have the money in the office of the city treasurer of Mobile, on or before the day of 186 . J. M. WITHERS, Mayor. Given at Mobile this day of P. J. PILLANS, City Engineer. § 347. That it shall be the duty of the tax collector to Tax collector's collect without delay the several amounts assessed in the “"™ same manner and with the same authority as he has in col- lecting the ordinary tax on real estate, and be entitled to the same compensation. § 348. Be it ordained, That no person, upon any pretence, No diteh to be - shall cut any ditch across or along any of the public streets witheat Berets in the city, unless leave be specially granted by the cor-™*°™ porate authorities. That when such leave may be granted, such ditch shall When granted be well barricaded, and guarded during the time it may be °°"? &""™°" necessary to remain open. § 349. It is not lawful for any person to carry or cause to No burning be carried, in the streets, any burning coals, or brands, oa he aie * unless the same be inclosed in a covered vessel. hee § 350. That the street commissioner, under the order and Names to be direction of the mayor and street committee, shall from pets oa thio time to time, at their discretion, be required to place on *”°** one of the corners at the intersection of each street, the name of each street on some conspicuous point on the corner in legibly painted letters; and that any person who Penalty. shall pull down, remove, deface, or destroy said name or sign, shall be fined in such sum as the mayor may impose, not exceeding fifty dollars. And it shall be the duty of the mayor and street com: Mayor to have names placed mittee, as early as practicable after the passage of this on certain streets as early ordinance, to place the names of the following streets on 4s practicable: 188 ORDINANCES. the corner of each intersection, as above provided for, - to wit: Charleston, Augusta, Savannah, Selma, Elmira, Texas, Montgomery, Davis Avenue, Washington Avenue, Beauregard and Manassas streets, the names of which were fixed by ordinance, approved August 16th, 1861. Not to obstruct .§ 351. No person shall obstruct, embarrass or incumber maywey any street or sidewalk with cotton, lumber, fire-wood, carts, drays, wagons, goods, wares or merchandise, or any article. Nor drive any horse, cart, dray, wheelbarrow or carriage over the sidewalk, (except to cross it to enter the lot.) No auction. Nor sell or offer for sale at public auction or outcry in the streets or on the sidewalk any horses, cattle or live stock. Nor expose Nor expose for public or private sale in the streets or on Sage the sidewalks, any goods, wares or merchandise, without the consent of the mayor. Nor erect gates. Nor to erect gates to open on the street, nor permit them to remain when erected. ARTICLE IV. ‘REGULATION OF SIDEWALKS. Tobemadeand § 002. Be it ordained, That the owner or claimant of kept in repair > pyowneror eVery lot of ground shall make or cause to be made and ye ane keep in repair a sidewalk or pavement to the whole extent and front of his. property. Width. Upon every street and exclusive of the gutter, Over thirty and under forty feet wide, - - six feet Over forty and under sixty feet wide, - eight feet Over sixty and under one hundred feet wide, -. ten feet One hundred feet wide, - - - - fifteen feet Grade, According to the level slope and graduation to be furnished by the city engineer. Material in fire That the materials used within the fire limits shall be of yar whole hard. bricks or stone flagging of good quality, and for making bank-heads shall be of stone four inches thick throughout and fifteen inches deep, and not less than three feet long with hewn sides so as to form close and fair joints, and present fair surfaces and a proper level at the top. And the portion before gates for the passage of carts or other vehicles ‘shall be paved with stones or brick, laid edgewise. STREETS, 189 § 353. Outside of the fire limits and upon every square Not in fire on which there shall exist more than one building, the side. ™"* walk may be made of sand or any material capable of being smoothed and made hard. It shall be made _ sloping towards the street in such way that the water may not remain on it, that the bank-heads shall be of stone or pine stuff not less than three inches thick and fifteen. inches wide, and there shall in all cases within and without the fire limits be a proper covered gutter across the sidewalk, to lead the water from the yard or lot into the streets. § 354.-That no veranda or balcony attached to any No erection — building shall be erected at a less height than twelve feet, watk less than 12 feet hig nor any gallery, awning, sign or other projection attached are tate a to any building shall be erected at a less height than nine {o.7grsess and a half feet above the sidewalk, Nor extend over the street more than the width of the Nor to extend sidewalk in front of the building. ire er The posts or columns to support the verandas and bal- Posts and conies shall be composed of iron, and placed on a line °’"™"* within four inches of the outer line of the curb of the sidewalk. Nor shall any other projections be so constructed as. to Other pro- be supported by any posts or pillars erected in the street eae or on the sidewalk. Nor shall any other posts or pillars be No posts or erected in the streets or on the sidewalks, (except tempo- die soak A> rarily while building) but those used to support the tele- graph wires, and for gas-lights, and iron posts placed on How placed. the outer edge of the sidewalks to tie horses to, which shall not be less than four feet nor more than five feet high, under penalty of fifty dollars. Penalty. Nor to permit any walls, houses or other buildings that Nor permit are ina broken or ruinous condition, liable to fall or en- wares to danger the lives of persons passing by, to remain or other. °""™ wise obstruct any sidewalk. § 355. That no engine, hose cart, or hook and ladder ear- Engine, hose, riage, shall be run on the paved sidewallc of the city, ex- reper pe cept in the immediate vicinity of the fire. Pa thea And all posts or pillars now standing, not composed of Posts or pillars iron, in compliance with this section, td declared a nui- waste Sip sance, and shall be abated. en, § 356. That all persons tenants of houses, yards, lots or To be swept day grounds fronting on any street, shall sweep or cause to be before ten. 190 Trees to be trimmed. Duty of police ofticer when owner of nui- sance is unknown. Proceeds, how disposed of. Injury to walk to be repaired. If minor, ap- prentice, or animal, When owner is unknown. Owners of buildings to keep gutters in repair. Water to be earried off through cover- ed drains. ORDINANCES. swept, and to clean or cause to be cleaned, that part of the sidewalk that lies before their premises, every day, before ten o’clock in the morning. § 357. That where any tree is growing or standing on any sidewalk, and any branches or boughs extend over the sidewalk or street, that the owner, or in his absence, the tenant, at the expense of the owner of the lot before which such tree stands, shall cause it to be trimmed to the height of twelve feet above the sidewalk. § 358. That when any article is found obstructing or ineumbering the sidewalks or streets of the city, and the owner is unknown, any police officer, under the direction of the mayor, shall cause such obstruction to be removed ; if of value, to be taken to some place of safety, to be held five days; at the expiration of that time it shall be sold, after giving three days’ notice in the official newspaper, of the time and place. The proceeds shall be paid into the city treasury, after deducting the expenses and costs, and if the proceeds are not called for by the owner within sixty days, it is forfeited to the city. § 359. That every person who shall injure any sidewalk or gutter, shall cause the same to be repaired within twenty- four hours thereafter. If the injury or damage be committed by a minor or apprentice, or by any animal, the father, guardian, minor, or owner shall be bound to eause the repairs to be made at his expense, and shall pay the fine, and if the owner of the animal is unknown, such animal may be taken by any police officer, as is provided for the disposition of articles found obstructing or incumbering the sidewalks or streets, and shall be disposed of, as is therein provided. It shall be the duty of owners of buildings within the fire limits to keep all the gutters overhanging sidewalks, and the pipes and conduits leading therefrom to the side- walk in good repair, so as to prevent water from falling on the sidewalk, and the water passing through such pipes or conduits, shall be conveyed to the street through drains over or under the sidewalks. y Nor shall any water or drain from yards or lots be per- mitted to run over the surface of any sidewalk. STREETS. 191 § 360. The owners of property at the intersection of Stone crossings streets within the fire limits, shall lay stone crossings of ern wba ben street gutters from the sidewalks to the streets of proper “"" length and height to permit the free and unobstructed passage of the water, and such stone crossings shall be of the width of the sidewalk to which they are connected. The sidewalks on all the streets shall be of even and sidewalks to be uniform surface, and of a width proportioned to the width gine” of the street as defined in this ordinance, and shall slope uniformly from the inner to the outer edge, so as to carry off the water, and the fall or slope and width of each side- walk shall be as provided in this ordinance; and it shall be the duty of all owners of lots, to have the sidewalks in front of their property to conform to this ordinance as soon as practicable, and to repair all broken and uneven Water not to surfaces so as to prevent any water from standing on the = eg sidewalk. And if any person shall fail or refuse to comply Penalty. with any of the provisions of this ordinance within a reasonable time after such notice, as may be prescribed by the mayor, he shall be fined for each day’s failure or refusal in such sum as the mayor may impose, not exceeding fifty dollars. § 361. All entrances to alleys, yards, lots or door-ways Entrance to across street gutters shall be by bridges or covered ways shail be bridged which shall be made of iron, stone or brick within the fire Watcs. itn limits, and outside of the fire limits may be made of wood, and in all cases must be so constructed as not to interfere with the drainage of the streets, or the grade of the street or sidewalk. § 362. For any violation of any of the provisions of the streets. ordinances regulating streets and sidewalks, or the failure or refusal to perform any duty enjoined therein or doing any act therein prohibited, the party shall be fined in such sum as the mayor may impose, not exceeding fifty dollars. ARTICLE V. CITY ENGINEER. § 363. Be it ordained, That the present term of the city city engineer, engineer expires on the first day of January 1869, and 2°” “°° that at the annual municipal election for-that year and for every three years thereafter, there shall be elected by 192 Office and office hours. His duties. Records and maps. Shall report. Reports. Shall make maps ana field notes, and keep in a book. Ascertain size of lots and squares, No record but of actual sur- veys. Shall mark out all streets, &c. Survey all lands. Ascertain the grades of streets and con- tinue them. ORDINANCES. the convention some competent person who shall be called the city engineer. He shall give bond in such sum and receive such salary as the corporate authorities may from time to time determine. § 364. He shall have his office in the municipal build- ings, which he shall keep open every day, except Sunday, from 9 o’clock A. M. until 3 o’clock P. M. unless engaged at his official duties. He shall safely keep there all records and maps pertain- ing to his office, subject to the inspection of the mayor or any of the aldermen or common council; such records and maps Shall remain and be the property of the city. He shall report to the mayor all houses, walls or build- ings in a broken or ruinous or other condition, which are liable to fall and endanger the lives of persons passing in the streets. And whenever required he shall report to the mayor, aldermen or common council, information on all subjects pertaining to his office; when any contract for grading, shelling, paving or guttering any street, lane, alley or other property pertaining thereto, shall have been made, he shall be furnished with a copy, which he shall record in a book kept for that purpose in his office. § 365. It is his duty to make full and accurate maps of all parts of the city, making full and complete field notes of them, and entered in a book kept in the office, which shall be open to every person, under his supervision. To ascertain as accurately as possible the different squares and lots, giving to all persons interested due notice, so that they may designate their property... He shall not record or place in the books of the city any map or notes, unless they shall have been prepared from actual survey. § 366. That it is his duty to mark out all streets, lanes, alleys, sidewalks or foot-ways whenever the same shall have been ordered or accepted by or have become the pro- perty of the city. . To survey, when required, all lands belonging to or in the occupancy of the city. To ascertain as early as practicable the grades of the different streets in the city, and so make them that the graduation may be carried out under his supervision, and STREETS. 195 of his successors in office, beginning in the central parts of the city, and extending gradually to the city limits, so that the whole city may be properly drained. To furnish the scale of graduation of all new streets, rurnish scale. and all streets to be paved, shelled or repaired, and to report to the mayor any person improperly marking out or graduating any street, alley, lane or sidewalk. To make the plans, specifications, estimates and exami- Make plans. nations provided by these ordinances, and whenever called on to do so by the mayor, aldermen or common council, and keep a record thereof in his office. To see that all contracts see that con- for making or repairing any street, lane, alley or sidewalks Risadwithes | are faithfully executed. To determine and fix all corners of streets and fronts of To fix course of lots, and give a certificate thereof when called on by the Fonte of lots. owner, who shall pay two cents per running foot to the surveyor therefor. To furnish the running lines and levels for the erection Furnish lines or repair of all buildings, houses, walls or fences fronting “"" “"""~ on any street, or for making and repairing sidewalks. And to provide the lines of, the streets, alleys, lanes, rines of fronts, sidewalks, &c., he shall take such steps for the per- “°° “* manent marking and defining them as he may deem advisa- ble, and keep a record in his office of all such marks as he may make, or such bolts, blocks, or bench-marks as he may place. § 367. The city engineer shall procure, at the expense of He must pro- the corporate authorities, eight suitable well-bound books, books. one for each ward, on the back of which shall be lettered the name and number of the ward, and he shall cause an accurate plat of each square of ground divided into lots in each ward to be drawn and numbered in the appropriate ward book, in a neat and skillful manner. The plat of said shal enter squares and lots shall be made from actual surveys, and {feccn scuato the name or names of the owner of each lot in each square Fiat eae shall be plainly written on pages following each plat. That whenever any lot is sold in said city at private, proper entry to public or judicial sale, the purchaser shall within three ieee at = days after the sale, report the same to the city engineer at his office and cause the change of ownership to be made on the proper ward book, and if any purchaser or his agent Penalty. 25 194 ORDINANCES. f shall fail to make said report, within the time prescribed, he shall be fined in-such sum as the mayor may impose, not exceeding fifty dollars. City enzineer § 368. And it shall be the duty of the city engineer to records toxee ©=eXamine from time to time the records in Mobile county, oe cernt of and report to the mayor any purchaser who fails or refuses ace to make the report therein required. And in order to aid the engineer in making a correct record of the ownership of lots, heis hereby required to give notice by advertise- ment in the official journal of the city, for owners of property to produce their title deeds to lots and lands in said city, Penalty. or otherwise show claim or ownership thereto, and any owner or agent who shall fail or refuse to respond to said notice within a reasonable time, shall be subjected to such fine as the mayor may impose, not exceeding fifty dollars. Fees forinfor. And if any person shall apply to the city engineer for in- Ararat ot formation as to the ownership or dimensions of any lot, it ate a shall be furnished by the engineer, who shall be entitled to receive therefor the sum of fifty cents. He shall attend It shall be the duty of the city engineer to attend the fees, city tax collector’s sales of lands for non-payment of taxes, and to perform the duties prescribed in the ordinance en- titled an ‘‘ordinance for the assessment and collection of taxes and licenses.” Assistantmay The mayor and presidents of the two boards shall ap- be appointed. noint some suitable person‘as an assistant to aid him in making the plats, surveys, and ascertaining and recording the ownership of the lots and squares as provided herein, and do such other work in the office as said engineer may Salary. require of him, and such assistant shall receive a salary at the rate of fifteen hundred dollars per annum, payable monthly, until otherwise provided, by the corporate authorities. ARTICLE VI. STREET COMMISSIONER. Streetcommis: § 369. Be it ordained, That there shall be elected in eon- sioner elected. “Vention at the annual election for the year 1867, and every year thereafter, a street commissioner, with the other city Bond. officers, and he shall give such bond, and receive such sal- ary aS the corporate authorities may from time to time determine. = STREEMS. 195 It shall be his duty, under the direction of the mayor, Under the may- i exercise 3 Lo Beil hd hak reve ov to supervise oO exercise Immediate supervision over the streets, lanes, streets, «ec. alleys, sidewalks, &c., of the city, and to direct and con- And street 7 5 force. trol the force, laborers, horses, carts, and other working power that may be provided for the working of the streets. To keep a correct record of the time they are employed To keep record \ , . of employment from day to day, which he shall report monthly to the city and repoit. treasurer. To keep a correct account of all implements of every de- To ing . . : . ; count or prop- scription belonging to the city, and used on the streets, erty, and report 7 rE every three which may be in his custody, charge or keeping ; and make monihs. a report thereof at the end of every three months, account- ing for loss or destruction of any; and any deficiency not Accountability. accounted for satisfactorily, shall be charged to him, and deducted, by order of the finance committee, from his salary. And whenever, in his opinion, it may be necessary to re- Report as to . 4 bridge. new or erect any bridge or bridges, he shall report the same to the engineer, who shall make an estimate of the prob- able cost and expense of it, and report the same to the mayor. x He shall daily examine the streets, lanes, alleys, vacant Daily examine bi a Fe yy “ ; streets, &c. lots and sidewalks of the city, and cause them to be kept Duties. P Report to clean and in good order, and to report to the mayor all mayor. persons who may be guilty of violating any of the ordi- . nances relating to streets. That all work pertaining to the drainage or grading of Plans of work i ees ¢ to be furnished streets, or making or repairing of sidewalks shall be done by city engi- according to the plans and under the direction of the city ““" engineer. He shall remove all nuisances that may be found in the He shallre- . . Move rui- streets or on the sidewalks—and report to the mayor all sances and , : bury dead persons who obstruct the streets or sidewalks, or who animals. create nuisances, or who fail or refuse to remove their dead animals, and in case the owner of dead animals can- not be found, or is not known, it shall be his duty to re- move them to such place as may be designated for their deposit, and there bury them in a hole of proper depth. And he shall do and perform such other duties as may Ana perform h otl be from time to time required of him by the mayor and Qutiesas may street committee. be required. 196 Property and estate to in- clude. Real. Personal. What distinc- tion may be made i in assess- ing. License not a Ke Head tax of $1 assessed. Assessor elected. ORDINANCES. CHAPTER XXXVI. TAXES AND TAXATION. An Ordinance to provide for the Assessment and Collection of Taxes and Licenses. ARTICLE I. ASSESSOR AND ASSESSMENT OF TAXES. s¢ sIK )©60 COLLECTOR AND COLLECTION OF TAXES. Il. ASSESSMENT AND COLLECTION OF LICENSE TAXES, ARTICLE I. ASSESSOR AND ASSESSMENT OF TAXES. § 370. Be it ordained, That real property or estate when referred to in this ordinance shall include real property as defined in section 27 of this Code, and land, houses, hereditaments, permanent fixtures or attachments thereto, out of the city, if extended to and attached to real estate within the city, if by means thereof such property out of the city is made an adjunct to the carrying on of any business in the city, including water-works and gas-works for supply of the city. And personal property or estate when referred to in- cludes personal property as defined in section 27 of this Code, and all matters of a temporary or movable property in which a right can be had or riches consist, and income, : (except salary and wages for hire, which ‘shall not be taxed). § 371. That in assessing property no distinction shall Be made as to persons, but may be made in the property taxed as shall seem meet and proper by the mayor and the presidents of the two boards, or the corporate authorities. That a license to carry on any trade, business or pursuit » shall not be deemed a tax on the property employed or the, income derived from it. A head tax of one dollar shall be laid and assessed on all male adults in the city between the ages of twenty-one and sixty years, § 372. That at the annual municipal election once in three years after the expiration of the term of the present TAXES AND TAXATION. 197 incumbent, there shall be elected in convention, from the resident free holders in the city, an assessor of taxes for the term of three years, who shall give bond in such sum, Term. and shall receive such annual salary, payable monthly, as , Bandand may be determined from time to time by the corporate authorities. When a vacancy occurs by death, resignation or removal Vacancy, how from the city, the convention shall elect a person with the same qualification, who shall hold office for the unexpired term of his predecessor. He shall keep his office in the municipal buildings and Duties. devote his entire time and attention to the duties apper- coeieigels : taining to his office, and shall hold the books and papers °™™""* relating to his office, at all times during business hours, open and free to the inspection of every person, and at the end of his term shall turn them over to his successor in office. That each municipal year he shall make a full and com- ghau make plete assessment of all the real and personal property in oth oar to be the city, which shall be completed for each ensuing muni- pra e” cipal year before the first Monday in February. Tera In order to aid him in doing this, the city clerk shall cterk shall fur. each year furnish him by the 15th day of December suc- tiphaveticd ceeding every annual municipal election, with an alpha- ¥** of voters. betical list of the voters in the city, who voted at the then last election, the names to be arranged in the wards How arranged. in which they voted. / And as each person whose name is on the list, is assessed, Note each he shall note it opposite to the name. © And every person whose name is not on the list, shall be names to be added thereto when he is assessed. bi he And on the next list made by the clerk he shall add such clerk to make names as appear from the assessor’s last returns, and not jj." °° found in the list of voters. So that each year’s returns of names by the assessor and the voter’s list, may aid him in making full assessments. § 373. He shall begin not sooner than the Ist of Oc- commence ist tober, and as soon thereafter as practicable shall appoint Ociver'? in each ward in the city a time and place for taking assess- ments, notice of which shall be given by advertisement for Notice. ten consecutive days of publication in the official news- paper. Assessor's notice. All persons shall give their assessment. Tax collector shall collect. Assessor shall attend and assess all - property. Form. Ascertain all persons and property sub- ject. ‘Shall compare assessments with clerks lists. Then with engineer. ORDINANCES. § 374. ASSESSOR’S NOTICE. Notice is hereby given that on the day of 18 ,I will attend at on Munroe street, between Royal and Water, between the hours of (9 A. M.) and (4 P. M.) to assess the property in the (5th ward) at which time and place all persons are required to give in their assessment of property. 2. A. LEWIS, City Assessor. Mobile, At which time’all persons shall be required to give their assessments at such of the places as they please, and any person failing so to do shall pay the assessor fifty cents, which shall be collected by the city tax collector and paid over to the assessor. § 375. At such time and place he shall attend and shall well and truly assess the property of every person, setting forth a list and description of the property assessed, (using. the city maps when applicable,) its value, the name of the party assessed and his business, in form substantially as follows: 18 NAME, BUSINESS, AND RESIDENCE. DESCRIPTION OF PROPERTY. VALUE. A. B. , Broker, Mobile, | House and lot, north side Dauphin, between Royal and Water streets : oo feet front; 110 feet deep, © -. - 4horses,- - - - - Vacant lot, south side Pas: be- tween Royal and Water streets : 60 feet front; 120 feetdeep, - - $5,000 $800 Unknown owner, $5,000 He shall use all diligence to ascertain all persons and property that are subject to assessment, and assess them. When he has filled his appointment in each ward of the city, he shall (aided by the clerk) compare his assessment with the lists made by the clerk, and note all that are not assessed. He shall then (aided by the city engincer) compare the property assessed with a correct map of the city, and ascer- tain what real estate is omitted in his assessment, and shall assess if. TAXES AND TAXATION. 199 He shall then assess all persons on the list not already Shai assess those not as- assessed, and allothers whom hecan ascertain have not been sessed. Risdatod: } And where owners are not known he shall assess the Unknown owners. same to “unknown owners.” In ascertaining all assessments, the property to be as- May admin- % . Pte ister oath. sessed, the owner, its value, its description, or any other matter within the range of the duties of assessing the property, he is authorized and empowered to administer an oath in the following form : I do solemnly swear, or affirm, that the list I have de- Form of oath. livered contains all the taxable property I have in any manner in my possession, within the limits of the city of Mobile, subject to taxation, and that I do not know of any other, so help me God. At Ds Subscribed and sworn to } before me, R. A. LEWIS, City Assessor. Which shall be filed in the office of the city clerk, that sap ith clerk he may ascertain the value of property subject to ASSeSS- ment from the oath of the person, any information that he may obtain, or from his own knowledge, but the only rule Cash valuation. of appraisement shall be the cash value of the property. § 376. And if any person shall refuse to make oath as Hee oe UusINE tO take above, he shall be assessed double. That when his assess- oath masdlsed ment shall be complete, he shall arrange and copy alpha- When com- leted, shall betically in plain and legible hand-writing, in books to be Jopy alpha: provided by the city, lists of the assessments, and shall Toyo o5n. have the books completed and properly made up for the pif Miniay in inspection and use of the city authorities, on or before the *°™"y- first Monday in February in each year. That the assessment shall be returned to the city clerk Assessment to 5 : be returned to as soon as compieted, not later than the first Monday in clerk. wih Not later than February, verified by the oath of the assessor as follows: eo February. THE STATE OF ALABAMA, } , = hui to. “orm of oath. MOBILE CIry. I, Reuben A. Lewis, assessor of taxes for the city of Mobile, solemnly swear that I have assessed all of the tax- able property, both real and personal, so far as I know or have been able to learn after the most diligent endeavor 200 Clerk shall file copy. And notif: mayor an¢ presidents. Mayor and presidents shall meet. And make an order of pub- lication that the assessment is ready for in- spection, and that objections may be made. Form of notice. Clerk shall see that notice is given at once, ORDINANCES. and inquiry, that I have valued the property so assessed and. set it forth in the tax list, according to the best of my knowledge and judgment. R. A. LEWIS, City Assessor. Subscribed and sworn to before me, this day, 18 J. M. WITHERS, Mayor. Which shall be written at the end of the assessment lists. The clerk shall file the same and enter a copy of it on the records of the city. And on the day that the assessment list is filed and re- turned into his office he shall notify, in writing, the mayor and the presidents of the two boards of the fact. § 377. That as soon thereafter as is convenient, the mayor and the presidents of the two boards shall meet and form a court, and assess the number of cents on the dollar to be taxed on the property listed and returned by the assessor. They shall make an order of record requiring ten days’ notice to be given in the official newspaper by consecutive publications, that the assessment lists are ready and open for inspection by all persons interested, and that all objec- tions thereto must be made within twenty days after the date of the first publication of the notice, and set a day not less than twenty days after the first publication of the notice for the hearing of all exceptions thereto. The notice may be as follows: OFFICE OF THE CIry CLERK, } Mobile, 18 Public notice is hereby given that the assessment lists of taxable real and personal property in the city of Mobile for the year 18 have been completed and returned to the mayor, aldermen and common council, by the assessor, and are open for inspection at my office. All persons feeling themselves aggrieved by the assess- ment of their property are hereby requested to make and file their exceptions in my office on or before the day of at which time the same will be heard. WHITFIELD TURNER, City Clerk. And it shall be the duty of the clerk to see that the notice is given immediately. TAXES AND TAXATION. 201 § 378. The city clerk shall attend all meetings and record Clerk shall all of the proceedings of the said court throughout their ac- mactttiehy &e, tion on the assessment lists. He shall receive and file all exceptions to the assessment lists, and shall make a docket thereof, which he shall lay before the said court. On the day appointed for the hearing of exceptions to on the day set, the lists, or on such day to which the court shall continue renee daly such hearing, they shall meet in the mayor’s office, and Jections and shall take up, hear and determine each exception filed, and shall decide thereon as a majority of them may deem just and right. They shall distinctly and clearly state the decision made what shall be on all exceptions, and that all exceptions filed have been *“““ heard and decided, and that, save as excepted to and altered upon the hearing of the exception, their previous actions are in all things confirmed, and that the assessment and the number of cents to be paid as assessed by the court be and are fully determined as assessed and laid as taxes on property in the city for the municipal year. Said and ordered to entry shall contain an order that the action taken by the Bore tomo court be at once reported by the clerk to the mayor, alder- men and common council. § 379. The clerk shall at once give the notice to the on notice, the boards of aldermen and common council, who shall sepa- (oavenc and rately convene, attended by the city clerk, and shall cause 2¢P5s an entry to be made reciting that they have received said yay we? notice and have met, and that they find the proceedings ™Y°" conformable to law, and that they are approved by them, which shall be approved by the mayor. § 380. That the city assessor shall at once prepare a Assessor shall duplicate list of the assessment so made containing a de- pate list ob scription of the real property, with its valuation and the 7?" tax assessed and laid thereon. And the amount of the personal property assessed to And personal each person, with the tax assessed and laid thereon. ae se And the name of each person liable to a head tax, and And head tax. the amount of such head tax, and shall submit said list to the mayor, who shall issue his warrant in favor of the city Mayor to issue ep warrant to cit assessor on the city treasurer for one hundred and fifty assessor. dollars. 26 ORDINANCES. Mayor's war- rant to tax . collector. Form of war- rant. ; Tax collector elected. Bond and com- pensation. He shall be ac- countable for whole tax. Who excused. The mayor shall thereupon append thereto his warrant to the tax collector of the city, as follows STATE OF ALABAMA, ; Crry or Mosrix. $§ 2/ayor’s Office. To the Tax Collector of the City of Mobile: Whereas, The mayor, aldermen and common council of the city of Mobile, did, on the day of 18, assess and lay upon the assessed value for the. year eighteen hundred and of the real and personal _property hereafter described, the several sums set opposite thereto, and also the head tax as therein set forth, for a tax for the municipal year eighteen hundred and as follows: [Here set out the list.] Now, therefore, you are hereby commanded to make levy and collect of the goods and chattels, lands and tenements of the said persons, the said several sums of money set op- posite the real and personal property above described, and the head taxes herein set forth as the taxes therein, for the year aforesaid, and to attach and sell the said lots and lands to make the said several sums of money and costs, and make return of this warrant with your proceeding thereon on or before Given at Mobile, this day of | 18 J. M. WITHERS, Mayor. ARTICLE Il. TAX COLLECTOR AND COLLECTION OF TAXES. § 381. Be it ordained, That there shall be annually elect- ed in convention a “tax collector,” who shall give bond in such sum, and receive such remuneration as shall be de- termined by the corporate authorities. He shall be charged with and accountable for the whole amount of the assessed taxes in each year, and he shall only be released from such lability by showing the entire insolvency of the person assessed, of whom he has failed to collect the taxes, And by showing that the amount of his account cannot be collected by the exercise of the utmost diligence, and the use of all the means given by law. TAXES AND TAXATION. 2038 § 582. That if any real property shall be assessed to un- Property of known owners, or to persons who are known, and the taxes ents or dues assessed on them are not paid within sixty days from the time when the said taxes or dues are required to be paid, He shall give notice (in the official newspaper, or by Notice to be printed sheet circulated therewith, and kept for publie in- *"” spection at the mayor’s office, as shall be deemed most ex- pedient and least expensive) of the lots and real estate on which the taxes are unpaid, describing them so that the Description. lot may be pointed out, and that he will, at a certain time and place named, proceed. to sell such of the lots and lands Sale. upon which the taxes and dues are unpaid, or so much thereof as shall be sufficient to pay the same. And on the day and at the time appointed, or on such Shall sell. day as he may then adjourn it to, he shall proceed to sell any and as many lots on which the taxes and dues are not paid, or so much thereof as will satisfy the tax, and two Fee. dollars as a fee for the advertisement and sale, and a cer- tificate thereof, which sum of two dollars shall be paid by the purchaser, and in case the corporate authorities become the purchaser, the tax collector shall retain in his hands the amount of the expenses of sale out of any moneys in his hands not paid over. § 383. The city engineer shall attend such tax sales, and City engineer shall bid off, in the name of and for the mayor, aldermen one ane and common council of the city or Mobile as purchaser, all the lots and lands on which the tax collector cannot get a bid, from other persons, to the amount of the taxes and expenses of sale; and said engineer shall take possession City engineer of such lots, lands and tenements for said city, and if any Rear, Jots. person shall resist or molest him in the discharge of said sitine nT” duty, he or she shall be subject to a fine, to be imposed by “"'"*” the mayor or acting mayor, not exceeding fifty dollars; and said engineer is hereby authorized to call on the mayor for any force or assistance necessary to take and keep posses- sion of said property. Any person may acquire the title and possession of Said Any person may acquire corporate authorities to any of the lots and lands so sold, title paying by paying the taxes due, twenty-five per cent. per annum five percent. thereon, and all charges and expenses of said sale, subject, “"* ° Ll * $ S - tl > cit Te performs all the duties required of him by this ordinance. eh guile They shall report to the boards semi-annually, or oftener Tittee to see that superin- if required, the condition of the wharves, all construction tendent attends to his duties. or repairs of wharves, and all other information necessary. fai! report to The said committee is also authorized and empowered smiannually. when directed by the corporate authorities, to obtain or mittee to pur- u chase wharves, purchase from any person owning any wharf property in Ne i Tested yy corporate said city, the title thereto,.and to report their action for authorities. ratification to the mayor and the two boards. The rates of dockage and wharf charges and fees. shall Rates and fees, be established from time to time as the corporate author- ities may determine. All bills created in the construction, management or re- Wharf com- mittee to audit pairs of the wharves of said city, shall be audited and an bitis for re- pairs construc- passed for payment by said committee, and the draft for tion or man. the amount thereof, signed by the chairman of the com- mentor mittee and countersigned by the mayor, shall be paid by [Rey are pre: ves ri payment. the city treasurer. Mayne to , - : i s : countersign Said committee shall have power to appoint from time Counters oa to time, such clerks or assistants to aid the superintendent ™. . ’ Committee to of wharves, as may be necessary for the proper manage- np ahiere ment of said wharves and collecting the revenue thereof, tendent. who shall receive such compensation as the committee compensation. may determine, until otherwise provided by the corporate authorities—and such clerks shall be subject to the order, clerks to be and under the direction of the superintendent of wharves. set, oon. § 408. Be it further ordained, That there shall be elected {01,0f superin- tendent. as soon after the passage of this ordinance as practicable, Superintendent a superintendent of wharves, who shall act as such for the balance of this municipal year, and shall be elected there- after at the annual election of officers for the year 1867 and annually after said last election, and he shall receive such gona ana com. compensation, and give such bond, as the corporate au- ?°"*%°™ thorities may from time to time determine. His duties shall be to collect all the dockage and wharf paties of charges belonging to said city, and make reports thereof to “PeTimtendent. the boards. 214 ORDINANCES. Superinten- dent shall per-: sonally super- vise, control, collect the revenue and manage the whaves under the direction of wharf com- mittee. Superinten- dent shall pro- cure books and shall act as clerk to the wharf com- mittee. Superinten- dent shall per- form all duties required of him by the city authorities. Docks to be kept clear. Certain vessels, boats, &c., may be removed. He shall personally superintend and control the construc- tion or repairs of said wharves, and to generally supervise and manage the same, under the direction of said commit- tee, and shall see that all the ordinances and regulations respecting wharves are complied with, and report any violations of: the same to the mayor. § 409. He shall provide, at the expense of the city, suit- able blank books, and make entries therein of all moneys collected by him, showing the dates, amounts and sources from whence collected.’ He shall also act as clerk of said committee, at all of their meetings, and keep a record of their proceedings in said books. The books so kept by him shall be open at all times to the inspection of the said committee, the mayor, or any member of the two boards. § 410. He shall perform such other duties in relation to wharves as may be required of him by the corporate authorities or said committee. § 411. That the owner of every wharf shall keep the docks or slips, to the distance of thirty feet on each side of the wharf, from end to end, cleared and free from logs, timber, brush-wood, sea-weeds and every kind of filth or obstruction. § 412. That all vessels, boats, barges, and other water craft, which may at any time contain stagnant water, or be in any manner in any impure or unwholesome condition, _about the wharves or docks of the city, shall be removed Linits of whart front. to such place as the mayor may designate. And in case that the person having control or charge of such vessels, boats, barges or craft shall neglect to remove it, to be cleansed or purified, it shall be removed or sold at the expense and risk of the owners. If sold it shall be at public auction, and five days’ notice shall be given of the time and place of sale; after paying expenses of the sale, the proceeds shall be paid into the city treasury, and if not claimed by the owner or his agent, within six months after the sale, shall be forfeited to the city. § 413. Be it ordained, That no wharf nor any other structure shall be built or constructed or extended, nor if built, constructed or extended, shall remain on the west side of Mobile river, if it projects east beyond a line commencing at the northern line of the city at a point WHARVES. from which a line running south six degrees east shall strike a point in the northern line of Hunt street, extended a distance of three hundred and thirty-eight feet east- wardly from the west line of Front street, thence by a straight line to a point in the north line of St. Anthony street, extended two hundred and fifty-two feet eastwardly from the west line of Front street, thence by a straight line to a point in the north line of Conti street extended one hundred and sixty-five feet eastwardly from the west line,of Front street, thence by a straight line to a point in the north line of Church street, extended two hundred and fifty feet eastwardly from the west line of Commerce street, thence by a straight line toa point in the north line of Theatre street, extended one hundred and ninety-five feet eastwardly from the west line of Commerce street, thence by a straight line to a point in the north line of Maine street, extended two hundred and ninety-five feet east- wardly from the west line of Water street, thence by a straight line to a point in the north line of New York street, extended five hundred and fifty feet eastwardly from the west line of Water street, and thence by a line running south twenty degrees and twenty minutes east to the bay. § 414. That no wharf shall be constructed in the city How con. unless it is on piers or posts of hewn timber, and from an abutment extending east at least two hundred and fifty feet. structed. § 415. That no person shall cast or throw any animal or No filth to be thrown into the vegetable filth, or putrescent matter or thing whatever from any of the wharves, or into the river or docks within the city. docks. 216 ORDINANCES. CHAPTER XL. WORK HOUSE. An Ordinance establishing a. Work House, House of Correction, and for working for benefit of the city, and prescribing rules and regulations therefor. Establishing § 416. Be it ordained, That until otherwise provided, the work house and Salas . . house of cor- building and premises on Royal street, now occupied as a rection. ° ° 8 city prison and work house, or house of correction, shall be known and used as such, in which shall be confined all offenders against the city ordinances, as well as dll persons sentenced by the mayor or mayor’s court to the work house, or house of correction, or to: labor for the benefit of the . city for a limited time. Failure to give § 417. Be tt further ordained, That all persons convicted hontsnay | contented to, siethe offences: enumerated in sections two hundred: and Rhee he ve ot ninety-three, two hundred and: ninety-six, and two hundred ore and ninety-seven of the ordinance entitled ‘ An ordinance to prohibit vagrancy, quarrelling, riotous, immoral and disorderly conduet,’? being in chapter thirty-one of this code, and who fail to give the bond required by the mayor for such offences, as directed by section thirty of the city charter, may be senteneed by the mayor to the work house, or house of correetion, not exceeding six months, to labor May give bond for the benefitof the city: Provided, Such person shali have before time ex- A ‘ A : - i pires. the right to give the bond required at any time before the expiration of the sentence, and be discharged. § 418. Be it further ordained, 'That all persons sentenced to the work house, house of correction, or to labor for the benefit of the city under the second section of this ordinance, or under any ordinance in this code, or here- after adopted, shall be governed and controlled in such labor by the following rules and regulations: Rules and regu- That hereafter, and as soon as practicable, the male prisoners sentenced by the mayor or mayor’s court to work on the streets and public works, shall be worked in chain gangs, or with ball and chain, if their bad conduct and safety require it, and shall be worked under the direction of a WORK HOUSE. superintendent and two assistants, and where the number of prisoners are as many as fifty, thero shall be three assis- tants, and as many as seventy-five, four assistants, and an assistant for each twenty thereafter. Said superintendent and assistants may be appointed by the mayor, and the superintendent shall receive $100 per month, and the as- sistants $75 per month each. The whole chain gang to be under the:chief direction of the superintendent while at work, and in going to and returning therefrom. And the white laborers shall be worked in separate gangs from the negro laborers, and confined in separate cells at night. They shall work eight hours per day, and shall leave the prison in time each day to work the requisite number of hours. ) The superintendent shail receipt to the chief of akin or ofiicer of the day, each morning, by name and number, the prisoners taken to work; and he shall be responsible for their proper treatment, their faithful labor, and safe return tothe city prison each evening, by or before twi- light. The superintendent shali procure, under the direction of the mayor, and at the expense of the city, necessary chains, and a ball and chain for each prisoner, when required, of such weight and character as not to seriously impair his capacity for labor, and he shall be responsible for the safe keeping of this and any other property of the city used for publie work. The female prisoners shall cook for the male prisoners, and the white female prisoners shall wash for the white male prisoners, and the black or negro female prisoners shall wash for the negro male prisoners; but when there are an insufficient number of either class to perform this labor, for the male class, designated, the other class shall be required to assist, of which the superintendent is to be the judge, and in his absence with the out-door laborers, the chief of police. The superintendent shall also direct and apportion said labor among the female prisoners, and in his absence the chief of police, the latter seeing that the work 1s properly and faithfully performed during the day. Ail of said prisoners shail be fed with wholesome food at the expense of the city and the mayor shall make eontracts to the best advantage for furnishing provisions at the 217 218 ORDINANCES. prison, the bills being payable monthly. The prisoners shall be kept at the city prison for the time being, the sexes being separated, and shall be locked up every night by or before dark. Each prisoner shall be entitled to receive each day ounces of bread, ounces of meat, either salt or fresh, and ounces of potatoes, which the superintendent shall give out each day to be cooked, and he shall be responsible for the proper and economical use of said provisions. The superintendent is authorized to direct his assistants, or either of them, to assist in the performance of any duties required of him in these regulations. For any improper or negligent performance of any of the duties required herein, the superintendent, or either of his assistants, shall be fined not less than one or more than fifty dollars, and may be removed by the mayor at any time from office. NOTE. In consequence of the frequent changes which, ex- perience has shown, are made from year to year in the rates of Taxes, Licenses, Fees of public Vehicles, and other charges, fees, &c., provided for by the various ordi- nances herein; it has been deemed best not to include any such matter in this code, but to leave them to be fixed and defined by ordinances kept in manuscript, and record- edin the Book of Ordinances, as they are adopted or changed, from time to time, and inasmuch as it is made the duty of the City Clerk, to keep a correct list of all the existing taxes, rates, licenses, fees, and charges posted on a Bulletin Board in the office of the City Clerk and in the Central Police Station. The public are therefore referred to the bulletin boards for the law on these subjects. REUBEN A. LEWIS, Compiler. ~ 2 =F i © ; L ‘ iis sess tH Lae pike FP is bos ip a mie a : ex yk) aaa bias ik he hl ab ar ee es + A z a” a ve - wy ‘ ae ps re 2 - ty s or guy : . (St SP Ora Peas RS ut a Set Ry r _ ? ni ate a : ae yi ‘ i a i d i re Hit ie ‘ com oa sha ‘tah ; % . ve lp $ ‘ nts alte %, : ie ¢ is \, as : t= pat ee Ach ar r et ‘ - . : . A date Rea irats . ‘s ip Lies nae ney y A fee a : he ¥ nd fi ; PRG. , . : fe ' ‘ sei ; ‘ ck ‘ On ‘ Ws h * ty " } 7 U m , | ais ig se re ere f fae i Saag vie Be ap eT non ee ~ on oe ihe gga jicorperits ld JO gd Ne Rag ROS, ian. plant ¢ bet a oe wine k tin re A. x: 4 ; Nk SEO APORTS oan ) : . “wha tet} ‘hoet dead dyuit: er? espe for, 4 Soren tho xibnl Ob amet adil Ot shat, othe bb at, rsieNe, iba reg ics ion bank Yephoanitter wat defeat seatpgsaees ea “ me th M a aay fetquba Us yout “y nouspuridye) Wee doo'l ii . ie Rs: ee abair ab haa, Pony gy J pis Toast e ae eae ce be bait Whore a hixgo bud ctidl a wanna dayosnnglss Teysit, wsdl Boereee ein ik barrios ; Sl sth Beets Bret y Nee baci te soifter: teat rn bobs a oy ee OP, aerllonl fing? ptt ae jaeind nian 9 oh} thyme eintterod dire sited se ee Ne ae y ty sen Rat) ihe anil ihe, wi XN +P hie Mae pA ae awe a ia ne Ae eigen , INDEX TO ORDINANCES. a 7, ru .- > fing \ 5. 4 ee 1 i a 1 ba - ; f 1 ' a Hee be vi ¢ BY en ci Pen haeliana: haan Deut gS : She feet a . ct " ‘ af - » ty & » = ~ Ve in : ‘ : # (nem hi an Pes cox ah ea a ‘ ‘ Nor 3 Wie eet ee Bal! , a ~ s roby: bp hes ar rne es Ay he if 4 m . 1 f : oe walt LN mh ' ' Ag ms T fe ? » ’ PAs yeahs oor i é, ex ct ry rity ; NED aight. Py ; } cae Sa | agg Papa, WS ad om a ey sfeoenanitney ee yy “is Mw Py sitet Aeencnig’ be ; tesa Sat iy VAD. 4 ae 1 ay an vi be ue OMe Ly ‘ t — et J I ( . 4 f> we “fi ‘ if te = ‘ ’ at Mea "7 ‘ 7 i Ay. nt aT ‘ te ARS SE no ee rea ths Fe Fhe geae bP ok fouls pryit ey r . ; Hs sry ‘a4 | Pore re wey aa jt ie kern Tes; + ¥ a ¥ sy) isle py ae Fe iT Chaitin Laie ryt Tht . Meets Fe Be ‘ ae, Ais) by im : oe OR “ te ’ sa - y pe sy r ora: aig + ‘FLY, e - ‘ a oy ne, ’ Kiln’ tr ote * : eager P “y Re ha yak ake dour! dalicfenal Ld . cae bee 5 £3 > . pues } ‘ Pee eer ey S sper rere in a" Des Reve Bape ne (STS Pee Picks TR we imi er 5 ; Zz PE ae abst : a Micah Secale ‘pee. ba 7. 4 Ke Lye ad ‘ ed af Ppt ee i mh ‘ : mn Bt a: fake Sal BI ks By Ne 2.2 adie ge May Sarees a! Kh airte SB hae. Hetate rhs f } 1 ‘ye r) x eit en a npn ; } ing ; AD” i | “ 5085 Lares Se ie Aa, aie "4 , a : * ‘ \4 i a > f re . aaa 1) ees eo ; Oe REMY Vee Bailie vans be ay ey eet, tis a aia Kh Cua nk ANG hs ‘i he eM net ; o75 4 ‘ ‘ ' i> oP ‘ AYE Re Dae sis he Leer ieee «! Bh claw, So nee! mn ght 2d ae ey noe ne sen ene, a ee leg te! tk Hype! tte a . pT aw a INDEX TO ORDINANCES. ACTING MAYOR. All power vested in mayor to be performed, ACCOUNTS. Clerk shall keep with treasurer, of all money, nies, - Of hospital, shall be kept by steward, SECTION 13 . 46,69, 122 Of expenditures, shall be furnished by secretary of fire compa- Inspector of fire-wood shall keep and report quarterly, - Keeper of powder magazine, Assessor shall, to mayor, for licenses, Cemetery, kept by treasurer, Assessor shall make weekly reports and pay over the treasurer, Tax collector shall report weekly, and pay over the treasurer, Keeper of city prison shall keep an, Treasurer shall keep, Wharf committee shall audit, ADVERTISEMENTS. Printed by city printer, Of assessment of taxes, OF collector’s tax sales of property, Indecent forbidden, Sales of stalls in market, ‘ec Of objections to taxes, nuisances, ADULTERATIONS. Of milk prohibited, Of liquors, - AFFIRMATION. Is included in ‘ oath,” AGENTS. Duties of in reference to gunpowder, ALARM. Bell, how rung for fire, “ec sé sc “ec Duty of police, when, ee ae «ec firemen, fire wardens, “cc (see Frres,) -< riot, tumult, or commotion, all monies to all monies to 224 INDEX TO BADGE. Police shall wear, - - - - . - BAIL. Form of, - - - - - - - Aldermen and councilmen may take, - - - Children or minors, how to give, - - - BALANCES. How inspected—shall be, - - ~ . " Duty of clérk of market as to, - - - - What to be used in market, “ . - ~ BALCONY. , How erected over side-walk, - - - - - BALLS. Masked or public unlawful, except by the permission of mayor, BANK—Faro. Not to be exhibited, &c., - - - - BARGE. Included in word “ vessels,” - + - - BATHING AND BATHING ESTABLISHMENTS. Sunday ordinance does not apply to, - - - - In bay and river, within city limits, forbidden, - . BAWDS. How dealt with, - - - - = BEAMS AND SCALES. Shall be inspected, how, - - - . Duties of clerk of market as to, - - - - What used in market, - - - - - BEASTS. Driver of, to have good reins or lines, - 5 - Not to be driven rapidly in streets, - - - - Dead, not to remain on premises, - ~ - - «¢ how removed, - - - - - Not to run in public parks, — - - - - - If injure side-walks, owner shall pay for, - - - If owner is unknown, shall be sold, — - - - - Not to be thrown into the river or docks, - - - BELLS. If larger than hand bell, not to be rung in streets. except— Market bell, how rung, - - - - = Fire and alarm, how rung, - - - - - BEGGARS. How dealt with, - - - - - - BIENVILLE PARK. Established, (see Pustic Parks, 263 to 270,)__ - - BILLIARD TABLES. Licensed, (see page 25 City Cuarter,) = - - Forbidden on Sunday, - - Z ‘ BOARD OF HEALTH, - 4 Ss Hy 2 é SECTION 266 18, 19 157, 99, 215 12 161 186 186 304 37 ORDINANCES. 225 BOARDING HOUSE. SECTION Not to permit gaming in, - - - - - 101 Shall be licensed, - - - - - - 139 Duty of keeper, - - - ™ m 2 140 Sunday ordinance does not apply to, unless— - - 299 BOATS. we Included in ‘ vessels,”’ - - - - - 27 Fire wardens shall examine, - - - - 95 If nuisance, shall be removed, how, - - - - 412 BONDS. Official bond, made payable to, = - - - - 29 For minors, how given, - - - - . 12 Form of official bonds, - - - - - 30 To answer offense against State, - - . - 19 Appearance bond, - - - - - - 18 For witness, - - - - - - - pws Offender may give, . - - - - 7 Stay bond, - - - - - - - 20 Appeal bond, - - ~ - ~ - 25 If not paid, execution shall issue, - - - 7 Contractor for opening, &c., streets, drains, and shall give, 330 Of city printer, - - - : - - v4 ‘* office, - . - ° - - . 30 ‘* treasurers, - - - - - . 30, 395 ‘* attorney, - : - - - - 36 “* sexton, - - - . - - - 47 “Vclerk,%) 3 - - ~ - - - 68 ‘* physician of hospital, - : - - - 128 ‘* steward, aa - - - - 131 ‘‘ inspector of hay, - - - - . - 141 “* city gauger, - - - - - - 151 ** inspector of lumber, - - - - - 144 . - fire wood, - - - - 146 s = weights and measures, . - - 157 My ae staves, - - - - - 152 “A is gas metres, - - - - - 154 Re sé flour, - - - . - 171 ** street commissioner, - - - - - 369 ‘* superintendent of wharves, - - - - 408 ** clerk of market, - - - - - - 185 ‘¢ chief of police and assistants, - : 445216, 217 “* keeper of powder magazine, - : . 241 ‘* city engineer, - - - - : - 363 ‘* assessor of taxes, - - - - - 372 “* collector of taxes, - - - - - 381 “* pawnbrokers, - - . - - ° 211 Persons sent to work house or house of correction, may give bond, - - - - - - 7, 293, 417 BRANDS. No burning, to be carried in the street, . - - 97 226 INDEX TO BRAWLERS. SECTION Drivers of cabs shall not be guilty of, - : 63 Not permitted in public houses, - - - - 140 Duty of citizen’s patrol as to, - : : . 910 ‘* aldermen and councilmen as to, - - - 215 «police as to, - - - - - 216 Porbidden, - neat) + - - - 292, 293 ‘ at theatre, &c., - - - - 311 To prevent and punish, - - - - - 293 BREACH OF THE PEACE. Offenders may be required to give bond, - - - 12 In case of minor—parent, guardian or employer may give, bond, - - - - - - - 12 BRICK BUILDINGS. 3 Within fire limits, - - - - - - 94 BROKERS. Pawnbrokers regulated, - - - - 211, 214 BUGGY. Licensed for hire, - - . - - - 58 Duties of drivers in passing in the streets, - - - 290 BUILDINGS. When and by whom pulled down during fire, - - 85 How erected within fire limits, 4 - - - 94 Wardens shall examine, - - . - 95 Chimneys of, shall be swept, - - - - > 67 Fire-arms nor works to be let off in, - - - 97 How much powder may be kept in, - - - . 244 Municipal, - - - - - : ~ 251 Shall not be erected until line is designated, - - - 334 Shall not be removed, if dangerous, - - - 354 None to be erected east of Front street, - - - 337 Engineer shall report if any are dangerous, : - 364 BURIAL. Place of, - . - - - - - 42 Certificate of age, sex, &c., before, - - - 49 BUSINESS PURSUITS AND PROFESSIONS. All persons shall have license, except— - - : 388 BURYING-GROUNDS. General regulations, - - - - - - Old and new graveyards established, + 4 - 42 All bodies to be buried therein, - . - = 43 Sexton elected, bond, and duties, - - - - 47 He shall take care of fences and walks, - - - 47 5 prevent defacing of tombs, &c., - - - 47 bury paupers, how, - - - ° : 48 «« _superintend the opening and digging of all graves and, vaults, - - : i 47 In cases of dispute, mayor shall decide, - - é 47 He shall keep map of the grounds, - - - 47 ORDINANCES. 227 BURYING GROUNDS.— Continued. SECTION No corpse to be buried until a certificate is given of age, sex, disease, &c., - - - ~ - - 49 Clerk shall record the certificate, - - - - 49 Record shall be called Register OF DEATHS, - - 49 Shall issue order for burial, - - -. - 49 When clerk is sick, sexton may act, how, , - - - 49 Shall pay over weekly to the treasurer, - - - 40 ‘* keep map, entries to be made on it, - - - 49 *. sell lots, d&c., -- - - - - - 49 Sexton shall keep copy of register of deaths, - - - 49 Shall make monthly reports to boards, - : - 46 ‘¢ not be interested in the sale of lots, - - - 49 Treasurer shall open cemetery account, - - . 46 s ‘ paysexton monthly, - . - - 46 Committee on public grounds shall expend the cemetery fund for embellishing, - - - - - 46 Owners of lots shall conform to regulations, - - 44 Unlawful to hitch or tie animal to tree or shrub, - - 45 No stone or monument to be injured, - - - - 292 BUTCHERS. Regulations concerning, (see MARKET,) - - - 180, 200 Houses or pens forbidden, - ps - - - 109 BY-LAWS. To be published, - - - ~ - - 3 How enforced, - - - - - - 6-14 Attorney shall prosecute, - - > - - 34 Clerk shall keep record of, = - - - - A 68 Of fire companies, - : - . - . a2 Mayor shall enforce, - - - - - - 215 Aldermen and councilmen shall assist, - - - 215 Chief of police, duty of, as to, - - - - 216 Police, - - - - - - - 220 Treasurer shall keep record of council, - - 396 CAB. Shall be licensed, - - - - - - 58 Fare, - - - - - “ - 59 Shall not charge double rates after 10 o’clock, : : 59 Drivers of, shall take loads, - - - - 60 Shall have lighted at night, and numbered,~ - - * 4261) 62 Duties of drivers, - - - - - - 63 Shall not be engaged in racing, - - . 64 Shall place copy of ordinance in conspicuous place, - 65 Shall not be driven on side-walks, - - - > 351 Fee for license to clerk, - - - - - 69 Penalty for extortion, - - - - - - 59 Shall not stand in front of dwelling or store, z > 63 Driver shall not sleep on stand, - - - - 63 Defining where public stands shall be, - - - 66 Shall not remain elsewhere, - - . - - 66 May stand in front of places of public amusement at night, 66 29 228 INDEX TO CANDLE FACTORY. How established, - : ‘ : CAPTAIN OF THE GUARD. Appointed, (see PoLicer, 220,) - Duties of, - - - - Office in municipal buildings, - - CARDS. ‘ Not to be played for money, - - CARTS, DRAYS AND WAGONS. Shall be licensed, and fees fixed, - Owners shall give bond, - “ o a ‘* number, - - 3 ‘« report any sale or transfer, - Exceptions to licensed vehicles, - Duty of drivers of, when used for hire, - Shall keep on the right side of road, - ‘¢ have good reins or lines, - - ‘* not be driven rapidly, - - Fee for license to clerk, - - - Not to obstruct market premises, - Keeper of powder magazine shall have, - Not to be used on Sunday. - . Sunday ordinance does not apply to milk, Not to be left in streets, - - Not to be driven on side-walks, = - Penalty for extortion, - - - CARCASS. Not to be left on premises, - - Nor thrown into the docks, - - How removed, - - - - CATTLE. Not to be tied to tree or shrub in graveyard, Dead not to be left on premises, = - - How removed, - - - Not to run in public square, : - Not to be driven in streets on Sunday, How sold if obstructing streets, - - If injure side-walks, owners shall pay, or be sold, CEMETERY. Established, (see BuRY1nG GRouND,) - No stone or monument to be injured in, CERTIFICATE. Of tax title to purchaser, - - : CHIMNEYS AND CHIMNEY SWEEPS. Owner shall have chimney cleansed, - License may be issued to chimney sweep, - He shall keep an office, - - May charge reasonable fee, - : - Chimneys shall be examined by wardens, SECTION 70 218 218 261 99 50, 55 00 ol 52 00 53, 54 56 o¢ d7 69 186 243 304 307 336 301 50 108 415 108-9, 411, 369 45 108 108-9, 369, 411 267 304 308 359 42-46 292 383 67 “HOT: 67 67 95 ORDINANCES. 229 CHIEF ENGINEER. Elected—of fire department, - - : - - 77 Vacancy, how filled, : - - - - 78-79 Duties, (see Fire DEPARTMENT, ) - - - - 72-93 CHILDREN. Bonds for, how given, - - - - - 12 If injure side-walks, parent or guardian shall pay for, - - 359 CHRISTIAN SABBATH. Observance of, (see SasBatu,) - - . 298, 307 CHURCHES. Not to be disturbed, - - - : - - 296 How punished, - - - - - - 417 CITY PROPERTY. Public, of the city, - - - - - - 251-274 Not to be injured, - - - - - - 274 All under direction of mayor and two presidents, except— 273, 274 CITY PORTER. Mayor to appoint, - . = * - = 239 ‘¢ may remove, - - . - a = 239 Salary, - - - - - - - 239 His duties, - - - - - - - 239 CITIZEN’S PATROL. Established, and duties ef, - - ~ - - 207-210 CIRCUS. Licensed, and how exhibited, - - ~ - - 308-312 Not permitted on Sunday, - - - - - 301 Police shall attend, - - - - - “ 310 CLEANING STREETS. ’ See Streets, - - - - - 336-337 CLERK OF CITY. Elected, bond, salary, - - - - : - 68 Office and office hours, - - - - - 68 Duty to keep record of ordinances, &c., - - : 33 Keep record of board of aldermen, - - - 68 Keep names of owners of licensed vehicles, - - - ae Shall enter bonds of licensed vehicles in book, - - 52 Shall make index thereto, - - - - - 52 General duties, - - - - - - 68 Fees to be paid to treasurer, - - - = 2 69 Duties as to burying ground, . - - - 49 % ‘« issuance of licenses of carts, drays and wagons, - 69 If bond not paid shall issue execution, - - = 7 Shall record assessment of jury on streets, - = - 329 ‘¢ furnish assessor with list of voters, - - - 372 ‘¢ aid assessor of taxes, - - - - - 372 “ file return of assessment, - - ae = 376 Duty thereupon, - - - - - 377, 378, 379 ‘* as to action of mayor, - - - - 378 Shall file and record tax collector’s receipts and reports, - 387 Duty as to license tax, - - - - - 390 230 INDEX TO CLERK OF CITY.— Continued. ; SECTION Shall notify printer of meetings of board of aldermen or con- ventions, - - - - - - - 68 Shall notify mayor of non-attendance of reporter, - 68 ‘“« have printed on cards ordinance regulating coaches, &c., 68 ‘¢ deliver printed card with each license, - - . 68 ** keep a bulletin board with rates of all fees and charges, 68 ‘« keep bulletin boards at clerk’s office and police office, 68 ** collect tonnage fees, - - - - - 122 ‘* furnish assessor with alphabetical list of voters, - 372 “¢ file assessment list and oath, - ~ - - 376 ‘« give notice to mayor and presidents of the board, = - 376 ‘* give public notice that assessment lists are filed, and to tax payers to object if they think proper, - 377 Shall attend all meetings of court of assessment and record proceedings, - > - - ; - 378 Shall report action of assessor’s court to the boards, - - 379 CLERK OF MARKET. Elected, bond, salary, - - - - - 185 Duties of, - - - - - - 186, 187, 188 COACHES. See regulations for (CaBs.) - - - - - 58 COAL. No burning coals to be carried in street, - - - 349 Not to be carried into cotton warehouse, - a 97 What is load of, - - - - - - 54 Shall not be placed in a dangerous place, - - - - 96 COFFEE HOUSE. To be licensed, - - - : - - 138, 139 Duties of keeper, - - - - - - 140 COMBUSTIBLES. To be placed as mayor, or one of aldermen or common coun- cilmen may direct, = = ; - - (96 Fire wardens shall examine as to, - - - - 95 COMMON COUNCIL. Member of may try all violations of ordinances, &c., : 6.7 Attorney shall advise when requested. : - . 34 Record of two boards kept by city clerk, - - - 68 May authorize buildings to be torn down to check fires, - 85 Duties of, as to fises, - . - - * 91 One of board to investigate origin of fires, - . - 98 Two of, on hospital committee, - - - 126 Duty of, as to citizen’s patrol, r - - 208 Shall co-operate with mayor in enforcing ordinances, - 215 Duties of president, as to secret fund, - - ” 238 Duty, as to assessment of taxes, ~ - ORDINANCES. 231 COMMITMENT. SECTION Form of, - - - - - - - 23 May be made by aldermen and councilmen, when,_~ = - 215 hi 7 police, when, - - - . 220 es +s ‘¢ in cases of disorderly conduct at shows, theatres, &c., - - - - - - 311 CONCERT. Shall be licensed, - - - - - : 308 Police shall attend, nl - - - - - 310 CONTEMPT, f What is, and how punished, - - . . 8 CONTRACT. ; Shall be examined by city attorney, - - - - 34 Hospital committee shall approve when, - - - 126 For opening streets and drains, how made, - " - 330, City engineer shall record all, > - - - 364 eS es duty as to, - - - . - 328 CONDUCT, DISORDERLY, &c. Forbidden, - - - - - ‘ 292 + in public houses, - - - - - 140 ch on Sunday, - - - - - 305 vie at theatre, - - - - ” - 311 Drivers shall not be guilty of, - - . - 63 CONVENTION. Meaning of in this code, - “ ~ 7 = 96 Shall elect city printer, - - “ - - 9 Attorney, - : - - a - - 34 May direct officer suspended to resume his duty, - - 32 Shall elect sexton, - - - - - 47 sh ths’ ot clerk: aby oity,e. - - : 68 “« “physician and surgeoii of hospital, - “ 128 cen +S steward, - > - - ‘ 13a ‘Oops Sanapectorof hays) - - sha ee 4 141 ‘Ca ACity, fuarzer, - - - . P 151 «¢ «inspector of lumber, - - i 144 ee ss of wood, - - - * 146 J ele weights and measures, - - - 157 2S eas es gas metres, - - - - 154 ‘6 o6 rT flour, - - ‘s " . 171 a3 73 6 staves, - ba a n . 152 6 street commissioner, . - ~ e 369 «¢ superintendent of wharves, - - “ 408 «clerk of market, - - Za us 185 ‘« four master mechanics, - - - é E 163 «< «* ‘Keeper of powder magazine, - - 24] ‘¢ “ city engineer, - - : . j 363 =a ‘* assessor of taxes, - 3 . 379 ‘6 = collector of taxes, - i a n 381 treasurer, - = “ a = 395 232 INDEX TO CONTAGIOUS DISEASES, &c. SECTION See PEsTILENTIAL DISEASES, - - - . 104, 113 Board of health, - - - - : 104 Quarantine, - - - - - - 113-123 COPIES. Of register of deaths, - - - - 49 Fees of clerk for making, - - - - - 69 CORD WOOD. How inspected, : - - - ~ 147 Unsound and short, forfeited to hospital, - - - 147 Drays shall carry only one-third of a cord, - > 148 Seller shall set up posts, marked, : - 149 CORPSE. How buried, &c., (Buryinc GrounDs,) = - 42-49 CORPORATION. Includes “person,” ~~ - - ° - - - 27 COTTON. Three bales is aload fora dray, - : : 54 Shall not be deposited on side-walk, - - - - SOL Shall not be deposited in street, way, ditch, gutter or drain, 336 COUNTRYMEN. Shall have public stalls in market, fees, &c., COURT, MAYOR'S. Powers, &c., of, - - ot Rts May punish for contempt, - - Chief of police shall attend, - . Shall be held in municipal building, - COURT OF ASSESSMENTS. - 181, 194, 196 - 6,7, 9,251 5 “ 8 - 216 . - 251 Duties of, - - - - - 377, 378, 379 CRACKER, FIRE. Not to be discharged or fired, - : - - . 41 DAMAGED. Mayor may prevent introduction of hides, goods, &c , 107 DANGEROUS DISEASES. See Boarp or HEALTH, - - - - - 104 Contagious diseases, - “ - - 104, 113 Pest house, - - - - - - - 135 Quarantine, - - - - - 113-123 DEAD, BURIAL OF. How, (Buriat, anD BuryinG GrounpDs,) - - - 45-49 DEAD ANIMALS. Not to be left on premises, - - ~ “ 108 Nor thrown in docks, - - - - - - 415 How removed, - - . - - 9, 369 DEATHS, REGISTRY OF. Clerk shall keep, . - - - - - 49 Sexton shall keep copy of, - - - - 49 DECEASED PERSONS. ‘ To be buried only in graveyards, - - . 3 3 See Buryine GrounDs, - . - - 42-49 ORDINANCES. 233 DEEDS, OR CERTIFICATES. SECTION For land sold for taxes, fas ~ - - - 383 DEFAULTING JURORS. How punished, - - - - - - 176 DELINQUENTS. How dealt with, (ORDINANCEs,) - - - - 6-14 ei, ‘¢ in fence disputes, - - - - (a test Nig ** in nuisances, - - - - - 106-111 As to citizen’s patrol, - . - ° - 209 Tax payers, - - - . - . - 382-386 ‘* license payers, - - - F = 388-393 DEPARTMENT, FIRE. Regulated and organized, (see F1rEs,) - - - 72-93 DIORAMA. Shall be licensed, - - - - - - 308 Police shall attend, - - - - - - 310 DICE. Shall not be played for money, - - - - 99 DIRT. None to be excavated from street, - - - - 336 7; rT; 66 66 lot, _ m8 .. = 110 Nor dug or haulded from street or ditch, - - "6 336 If removed to be returned, - - - - 336 DITCHES. Shall not be cut in streets, - - > - - 348 No trash or obstruction to be placed in, - - - 336 No dirt removed from, - - - - - 339 DISORDERLY CONDUCT. Forbidden in public houses, - - ~ - : 140 Persons shall not congregate at balls, etc., - - 37 Drivers shall not be guilty of, - - = - - 63 Persons shall be kept from fires, - - - - 91 Duty of citizen’s patrol as to, - - - ° 210 oh aldermen and councilmen as to, - - - Oth ‘* police in case of, - - - - - 220 Forbidden, - - - - - - - 292, 293 * at theatre and shows, &c., - - - - 311 To prevent and punish, . - - - - 292-3 Mayor to suppress assemblies of disorderly persons, - - 296, 417 DISEASES. Precautions against, (Boarp or HEALTH, ) - : 104 Contagious and pestilential, - - : : - 113, 129 Pest house, - - - - - - + 135 Quarantine, - - - - - - - 113-123 DISTRICTS, FIRE, Alarm bell, to denote, - - - - - 234 DOCKS. Not to be obstructed, (see WHARVES,) - - - 411 Trash shall not remain, - - - = BN Ase 415 234 INDEX TO- Ogg i De ag ee DOGS. SECTIC Respecting, (see Pustic PounDs,) - - - 283, 283 DRAYS, CARTS, WAGONS. Shall be licensed, and fees fixed, - - - 50, 55 Shall give bond, - - - - - - 50 Sales and transfers of to be reported, - - - ay Duty of driver, when used for hire, - - - - 53, 54 Fees—what is a load, - - - - - D4) 50 Shall keep on right side of road, - - - - 290, 56 ‘have good reins or lines, - ~ - ah o7 ** not drive rapidly, . - - - - 57 Fees for license, to clerk, - - - - - 69 Not to obstruct the market, - - - - - 186 Not to be used Sunday, - . - - - 304 Not to be left in street, - . - - - 336 Not to be on side-walks, - - - - - 351 DRAINS. How made, - - - - - - - 328 No trash, cotton, lumber, filth, &c., deposited in, - 336 DRIVERS Not to load or unload on Sunday, - - : : 303 Duties of, of carts, - - - - 50, 5i ‘i cabs, - - - - - = 1 BS 46 se drays, - - . - - SOAd Shall take loads, - - - - - - 53, ¢ Fees in drayage, - - - - : : 5. Shall keep on right side of road, - - : - 56, 290 Of carriages, hacks, cabs, &c., shall take loads, - 60 Fare, - - - - - “ ‘ 5 59 Regulations for, of carriages, hacks, cabs, &c., —- - 63, 66 DRIVING FAST. Forbidden, — - - ae Sigs - - 57, 64, 289 DRUMS. Shall not be beaten, except on parade occasions, - . 39 DRUNK. Persons in streets, how dealt with, - - - - 293 DUTIES. (See various HEADS.) EATING HOUSE. Shall be licensed, - - - - - - 139 Duties of keeper of, - . - > - - 140 Sunday ordinances does not apply to, unless, - . 299 EMPLOYER. May give bond for minor, - - - - - 12 ENGINES, FIRE. Regulated, (see Frres,) - zB - . =)/°7Q=09 Shall not run on pavement, - - 35) ORDINANCES. 235 ENGINEERS. SECTION Chief elected, - - - - - - - 77 Assistants elected, - - - - - - 77 Vacancy, how filled, - - : - - - 78,79 Shall"be furnished with trumpets and hats, - - - 86 See Fires, - - - > - ; - 72-93 ENGINERR, CITY. Of city elected, - - - - - 363 Office, office hours, duties, - - - - - 364 Duty of as to streets, - - - - 365, 366, 367 - ty numbering houses, - - - - 339 ¢ % shelling, &c., streets, - - - 366, 332 No building erected unless applied to, - - - - 334 Shall make maps, field-notes, &c., - - - - 365 Mark out all streets, the grades, &c., - - - - 366 Shall aid assessor of taxcs, - - - - - 375 He shall procure ward book, - - - - - 367 Shall enter each lot and square therein, - - - 367 s¢ #* in said books when lots are sold, - - - 367 ** examine public records in relation to sale of lots, = - 368 Fees for information as to ownership of lots, - - - 368 Shall attend sales of lots for taxes, - > - 368, 383 Shall take possession of lots purchased by city at tax sales, 383 Mayor and presidents of the boards may appoint an assistant, 368 Shall report to mayor housesand walls in dangerous condition, 364 ENGROSSING. Forbidden, - - - - - - - 197 ENTERTAINMENT. House of, shall be licensed, = - - - - 139 «duties of keeper, - - - - - 140 EPIDEMIC. Precautionary measures for, (BoaRD oF HEALTH,) - - 104 ‘‘ Pestilential’’ diseases, - - - -/ - 113 Pest house, - - - - - - - 135 Quarantine, - - - - - - 113-123 EQUESTRIAN PERFORMANCES. . Shall be licensed, - - - ~ . : 308 Police shall attend, - - - 2 : 310 ERECTIONS. ‘ May be removed, when, - ss 2 a : 9 Not to be made of house, unless on application to city en- gineer, &c., - - - - - - 334 Of partition fences, how made, - - - Hi Vaal May be pulled down during fire, - 7 - - 85 No erections east of Front street, - - ~ - 337 See Buitpines, STREETS, NUISANCES. EXECUTIONS. Form of, - - - - - - - 1b eed | 30 236 INDEX TO EXHIBITIONS. Shall be licensed, - a ice Not permitted on Sunday, - - EXPENDITURES. On the cemeteries, how made, - - EXTE Account of shall be kept by treasurer, To repair fire apparatus by city, + To buy trumpets and hats for engineers, Hospital committee shall report, - Of secret fund, mayor shall report, NSION. Of streets, how made, - = Not to be, unless by consent of city, All now open are public, - - The act of, a dedication, - . FACTCRY. Soap and candle, how established, - FAME, ILL. Persons of, how dealt with, - FANCY BALLS. Shall be licensed, . = a FARE. Of cabs, carriages, hacks, &c., - Drays, carts and wagons, - = FARO BANK. Forbidden, - ~ - FAST DRIVING. Forbidden, - - ~ = FEES. Burial, - - a Clerk’s, paid into treasury, - - Inspector of hay, - - A City gauger, - « - Inspector of lumber, - = ry fire-wood, - - “s staves, - - a gas metres, - - a flour, - - Chimney sweeps, . - - Master mechanics, - - Clerk of market, - - - City prison, - - 3 Keeper of powder magazine, - - For bond, - ° s : Tax collector, - - - bs Tax assessor, - = 4 FEMININE. Includes ‘ masculine,” 4 : SECTION c 308 - 301, 302 57, 64, 289 - 49 : 69 : 141 alah Ex : 144 : 146 4 152 Z 154 : 171 J 69 : 168 188 - 233 - 243, 248 24 “ 381 374, 380, 389 ORDINANCES. 237 FENCES. SECTION Partition, how erected, - - - - . rig Disputes in relation to, how settled, - - - - rat In graveyards, - - = - - - 47 Not to be injured, - - - - - 292 When to be erected or changed, shall apply to city engineer, 366 FEVERS. : (See Contactous DisEasEs,) to prevent, &c., - - 113 ‘* Boarp oF HEAaLTH,)~ - - - > - 104 “QUARANTINE, ) - - - - - 113, 123 ““ Pest Housk,) - - - - - - 135 FILTH. Not to be left on premises, - - : - 106, 108 «« remain in docks, - - - - - 415 To be placed in front ef premises, when, - - - 111 Not to be thrown in street, drain, gutters, &c., - 336 aie ot docks, - - - - 415 FIGHTING. To prevent and punish, (see QUARRELING,) - - - 292 FINES. Shall be for the benefit of the city, how enforced, - 6 Limited from one to fifty dollars, - - - - il Not affected by repeal of ordinance, - - - 14 Of fire department, how appropriated, - - - 93 FIRES. Fire department organized, - - - - 72 Powers, duties and privileges, - a - > Se be Fr Duty of each company to keep apparatus in good order, - 73 Members, &c., exempt from head tax, . - - (ec: Duty of foreman, - - ; - - - 74 Duty of members when an alarm of fire, - - - 75 Engine not to be moved except by members, - - 76 Officers must report, - - - - - - 76 Chief engineer and assistants elected, - - - 77 Vacancy, how filled, of engineer, ~ - - - 78 yy < as assistant, - - - - 78,79 Who qualified to vote for officers, - - - > 80 Secretary shall furnish lists of members, - ~ - 80 Duties of chief engineer, - - - + -. $1, 82 Duty of officers to obey engineer, - - - 81 All persons attending fires shall assist when called on by an officer or fire warden, - - - - - 83 How buildings may be pulled down, = - - 85 No expelled member or person under 18 to be .admitted a member of company, - - - - - 88 One fire warden for each company elected, ques &e., - 89 May elect president and secretary, - = -S 90 Duty of police on alarm of fire, - - ° é 91 Engine, hose cart, &c., not to be run on pavement, - 355 Fire department association, - - a ~ - 99 238 FIRES.— Continued. INDEX TO All fines under fire ordinance to be paid to, Fire limits, no wooden buildings within, Wardens shall examine buildings, yards, &c., Chimneys shall be swept, Combustibles shall be placed as directed by mayor, &c,. - Fire-arms nor works to he let off or discharged, No burning coals nor brands to be carried in streets, Board of, to investigate origin of, Duties, - - - Fire alarms, how made, FIRE-ARMS OR WORKS. Not to be let off or discharged, - FIRE DEPARTMENT. Organized, &c., (see Fires, ) FIRE ENGINE. Companies organized, &c., (see Fires,) FIREMEN. Organized. See Fires, FIREWORKS, OR ARMS. Not to be let off or discharged, = - FIRE-WOOD. How inspected, (see Woop,) - Only one-third of cord to be hauled by one horse, Unsound and short forfeited to hospital, Seller shall set up aad mark posts, to measure, FIRE-PLACES. Wardens shall examine, FISH. Stalls in market set apart Fees for vacant or public for, stalls, Not to be sold, except in market, - FLOUR, INSPECTION OF. Inspector, how elected, Bond and fees, - Duties, - - - Weight of barrel or half barrel, - Inspector not to be interested in purchase or sale of, Owner to report receipt of flour to inspector, Must examine each barrel and half barrel, No one shall sell condemned flour, nor erase or alter brand, Inspector must require seller to produce license, FLYING KITES. Unlawful, - - FODDER, INSPECTION OF. FORESTALLING. Prohibited in market, - (See Hay.) - SECTION 92 94 95 67 197 ORDINANCES. 239 FORFEITURE SECTION How enforced, - - - - - - 6 From one to fifty dollars, © - - - - 11 Inspector of fire-wood shall report, - - - 147 a weights and measures shall report, - - 160 Of proceeds of nuisances, when sold, - Cae 270, 412 FRONT STRERT. No erections east of = - - - - - - 337 Shall be 70 feet wide, - - - - ; 338 FUEL. Not to be placed where it is dangerous, - - - 96 FUND, SECRET Provided and regulated, - - - - - 236, 238 FUTURE. Includes ‘ present,” = - - - - - - oF GALLERY. How erected over side-walk, - - - - 354 GAMING. Prohibited, - > - - » - - 99 Tables prohibited, - : - - - - 99 No licensed retailer, hotel, tavern or boarding-house shall permit, - - - - > nif - 101 No games or sports on Sunday, = - - . - 301 GAS METRES. INSPECTION OF. Inspector of, how elected, . . - . - 154 Bond and compensation, - - : - - 154 His duties, - - - - - - - 155 Shall report irregular metre to mayor, - - - 155 No one shall resist him in performance of duty, - - 155 Must examine and report quality of gas to mayor, - 156 GAS-WORKS. How taxed, - - - - - - - 370 Sunday ordinance does not apply to, - - - 307 Shall not make out false bill, - - - - - 155 Must not furnish gas of inferior quality. - - - 156 Must not make out average bills, - - - - 156 Must not refuse to supply gas, - - : 156 GATES. Not to open on streets or side-walks, - > - - 351 GAUGER, CITY. Elected, - - - - - - - 15t Duties of, - - - - - - - TSE Fees, - - - - - - S 151 Shall brand each cask or package, - - - - 151 Not to apply to lager be: r, ale or porter, - - - 151 Nor to liquids in transitu, - . : - - 151 Shall require owner to produce license, = - : 151 GIGS. Shall be licensed, - 8 + : : < 58 240 INDEX TO GOODS. SECTION May be removed if nuisances, - - - - 9 Licensed to hawk and peddle, how, - _- - 102 Mayor may prevent introduction of damaged, - - 107 Not to obstruct street or side-walk, - - = 336 GOOD BEHAVIOR. Bonds for, how given, - - - - - - 12 To be preserved by police at all shows, exhibitions, &c., - 310 At theatres, to be preserved, - - - - - 3L1 To be preserved, - - - - - - 292,299 GRADES. Of streets, to be made, - -. - - > 328 Shall be ascertaiied by city enginecr, when application to shell or pave, - - - - - - 344 Of side-walks, - - - - - - - - 366 Of licenses for business, = - - - - 388 GRAIN. Standard weight of, — - - = - - - 162 Must be sold by standard weight, - - ~ - 162 GRAVES. How dug and protected, (Bury1nc GRrounDs,) - - 42, 49 GUARD. Organized and duties, (see Pottcr,) - - - 220 Office of, in municipal buildings, - - - - 261 GUARD HOUSE. Established, &c., (see City Prison,) - - - 227 GUARDIAN. May give bond for minor, - - - - 12 Shall pay for minor’s injury to side-walk, - - - 359 GUN. Not to be discharged in city, - ~ ~ * 4 97 GUNPOWDER. Keeping provided for, (see PowpER, ) - - - 241, 250 Fire wardens shall examine where it is stored, - - 95 HACKS. Shall be licensed, - - - . < ‘ 58 Fare and load, - “ - - - - =i D9; 0U Shall have lamps lighted at night, - - - - 62 Duty of drivers, - > - - - - 63 Not to be engaged in racing, - - ct - 64 Shall have copy of ordinance in each, - - - 65 Fee for license to clerk, — = - - -- - 69 Not to be driven on side-walk, - - > - 351 HARBOR MASTER AND PORT WARDENS. ; | Shall notify mayor of violations of quarantine ordinance, jp le Shall see that vessels have quarantine permits, - - 121 Shall report to city clerk arrival of vessels liable to pay quarantine fees, - “ u 2 is 199 ORDINANCES. HAWKING AND PEDDLING. Shall be licensed, = s 4 s Z 7“ Of meats and vegetables, prohibited, except, - - HAY, FODDER, SHUCKS, AND OTHER FORAGE. HEAD TAX. Inspection of, - - - - e “ What is a load of, - . - - z 2 Not to be deposited in street, drain, &c., - . - Fees of inspector, - - - a 2 r Duties of, - - 7 “ a A On all males between twenty-one and sixty, - - Fire department exempt from, - - - - HEALTH, BOARD. Organized, duties, - - - - ~ : Citizens shall not prevent or obstruct, - ~ - - Trash or rubbish shall not remain on premises, = - - Nor in docks, - - ~ = ss bs 4 HEALTH. Mayor may prohibit introduction of damaged goods, hides, &c., No dead animal or filth to be left on lot, except, - - No slaughter-pen or butcher-house, - - - No excavation where water may stand, - - - Filth and trash to be placed in front of premises, on Tuesday, Thursday and Saturday, - - - - Regulations may be enforced by mayor at expense of owner, Quarantine established, but not to be enforced until proclaimed by mayor, who shall define the length of time for its con- HEARTHS. HIDES. HIGHWAYS. HORSES. tinuance, = - ~ - “ = - Soap or candle factory, &c., shall not be permitted until board of health assent to, = - - - . Wardens shall examine, ~ - - - - Mayor may prevent introduction of, - - - Regulated, &c., (see STREETS,) | - . “ HOOK AND LADDER. Companies, of, (see Fires, ) - - - - HOSE COMPANIES. Authorized, &c., (see Fires,) - - - - Carts, ss : 3 be . Not to be tied to tree or shrub in graveyard, - . - Drivers of to have good reins or lines, : - - Not to be driven rapidly, . - : - - o7, Drivers shall remain near, - . - - - Dead not to remain on premises, - - * ie Not to obstruct the market premises, - . - Not to run in public parks, - - - - i Not to be driven on Sunday, - - - ‘ SECTION 101 103 141, 142 54 336 141 143 o7 1 73 104 105, 106 106 415 107 108 109 110 111 112 113 70 95 107 333, 343 72, 93 242 INDEX TO HORSES.— Continued. SECTION Not to be driven on side-walk, - - - - 351 How sold in streets, - - - - - 351 Posts may be set up to tie, - - - - - 304 HOSPITAL. City hospital established, - - - - 124 Hospital Committee, - - - - ‘° - 125 Duties of, - - - - - - 126 When applying for money shall state object, - - 127 Physician and Surgeon elected, - - - - 128 Duties of, - - - - - - - 129 May appoint two students, how, - - - 130 Students to act as apothecaries, &c., - - - - 130 Steward to be elected, . - - . - Tal Duties of, - - - - - - - 132 Regulations as to admission of paupers, - - - 133 “ te paying patients, - 134, 135 Pauper lunatics may be removed to, - - - 136 Pest House, - - * - - - - 135 : security to be given, = - - - 135 Private Hospital, how established, - _ - - 137 Mayor and committee to have access to at all times, - 137 Short and unsound wood exposed for sale forfeited to city hospital, - - - - - - - 147 HOUR. To be cried by alarm sentinels, - - - - 234 HOUSES, PUBLIC. Chimneys shall be swept, - : - - - 67 Nor fire-arm or work to be discharged in, - - - 97 No gaming permitted in, - ~ - - 101 Out-houses may be examined by board of health, - 105 Filth, &c., not to remain on premises, - - - 106 Filth to be placed in front, on Tuesday, Thursday and Saturday gl Retailers licensed, conditions and duties, - - - 138 Tavern, boarding-house, coffee-house, restaurant, eating-house, and all houses of entertainment licensed, - - 139 Duties of keepers of, - - - - - - 140 Shall not be kept in a disorderly manner, - - + 140 How much powder may be kept in, - : - 245 HOUSES. How assessed, - - - - . - . 375 Carriages, hacks, cabs, buggies, &c., shall not stand before, except, - - ° - - + - 66, 63 Wooden shall not be erected in fire limits, 7 * - 94 Fire warden shall examine, = - - . - se 95 Chimneys shall be swept, - - - - : 67 No fire-arm or work to be discharged in, - ° < 97 Out-houses may be examined by board of health, - - 104 Shall be kept clean, - - - = = a 106 Butcher and slaughter, forbidden, - - - =. 109 ORDINANCES. 243 HOUSES.-— Continued. SECTION Filth, &c., not to remain on premises, - - - 108 ot placed in front, on Tuesday, Thursday and Saturday, 111 How much powder may be keptin,_— - - - - 245 If front on street, not to be erected until city engineer desig- nate Jine, - - - - - - - 366 To be removed, if dangerous, - - - ~ 364 City engineer shall report, - - - - . 364 Ay e ‘¢ number houses, - . - 340, 342 Side-walks, before, to be swept every day, - - - 356 HOUSE OF CORRECTION. Offender failing to pay fine, confined in, - - - 7 Building occupied as city prison to be used as, until otherwise provided, - - - - - - 416 Prisoners sentenced by mayor’s court to be confined therein, - 416, 418 HOUSE OFFAL. . Board of health may direct as to, - Cie - - 104 Not to remain on premises, — - . - - 106 To be placed in front of house on Tuesday, Thursday and Saturday, - - - . ~ - - LEY Not to be thrown into street, drain or gutter, - - 336 HYDRANTS. | ; Not to be injured, &c., - -— - - - 397 See WaTER Works, - - - - - 397, 406 — ICE. 7 Sunday ordinance does not apply to ice-house, - - 307 IDLE AND DISORDERLY PERSONS. ai How dealt with, - - - - - - 292, 293 Shall not congregate at balls, &c., - - - - 37 Shall be kept away from fires, -" - - - 91 ILL FAME. , Persons of, how dealt with, = - - - - - 293 IMPRISONMENT. May be imposed when fine is not paid, = - - - 7 = “7 *« “arrested, until examined, by order of aldermen or councilmen, - - - - 215 IMMORAL CONDUCT. No person shall appear in dress not belonging to his or her sex, 295 Indecent or lewd behavior forbidden, - - - 295 Selling lewd books and pictures forbidden, = - - - 295 Disturbing religious worship forbidden, —- - - 296 Posting indecent advertisements or notices forbidden, - 297 May be sent to work house or house of correction unless bond be given, - - - - - - - 417 INDEX. Of records, shall be kept by clerk, - - - 68 INDECENT CONDUCT. Forbidden in public houses, — - - - - - 140 To prevent and punish, - - - - = 292, 293 Forbidden at public exhibitions, - - “ = 311 Shall not be guilty of, . - - - = 292,293 31 244 ' INDEX TO INFECTIOUS DISEASES. SECTION Duty of hospital physician as to, - - - 129 + board of health, - - - - 104 Pest house, - + - - - - 135 Quarantine, - + - - - - 113, 123 INNS. See Pustic HouskEs, - - oh ES aoe - 138, 139, 140 INSPECTION, Of hay, fodder, &c., regulated, = - - - - 141 “* liquids regulated, - - - - - 151 ‘¢ lumber - - - - - 144 “ fire-wood regulated, - ~ - - 146 ‘* weights and measures regulated, - - - 157 ‘* work done on buildings és + - - 163 “staves regulated, - - - - 152 ‘¢ gas metres regulated, | - - - - 154 ‘« flour regulated, - - - - - 171 ‘* master mechanics, - + - - - 163 Inspector of hay elected, ~ - - - - 141 Duties and fees, - - - - - 142, 143 Shall keep book of weights, and give certificate, - 143 Shall mark net weight, - - - - 143 Gauger elected, - - - = - - 151 Duties and fees, - - ee tie ae - 151 Duties of owners of liquids, - - - - 151 Inspector of lumber elected, - - - - 144 Duties and fees, - - - - - 145 Inspector of fire-wood elected, - - - 146 Sha!l keep an office, duties and fees, - - . 146 All wood to be inspected, how, - - - 147 Short and unsound forfeited to hospital, - - 147 Duty of as to carts and drays, not more than one-third of a cord at a load, - - - - - 148 Persons selling wood shall set up posts to measure the wood, 149 Inspector of weights and measures elected, - - 157 Duties and fees, - - - - . 157, 158 All persons shall permit inspection, and shall not sell by incorrect weights, - - - - - 158, 161 Committee of master mechanics elected, - : 163 Duties of, - - - + - - 164 Vacancies, how filled, - - - - 167 Fees, and mode of recovery, - - ° ° 168 Oath, - - - - . - 170 Inspector of staves elected, - . - - 152 Duties and fees, - . - - - 152 Owner shall report to him, - - - - 153 Inspector of gas metres elected, - - - 154 His duties, - - - - - m 155 Inspector of flour elected, - - - - 171 His duties, - : - - - - 172 Not to be interested in purchase or sale of, : 172 ORDINANCES. 245 INSPECTORS. (See Inspection.) SECTION Of partition fences, - - . - - 71 INSPECTOR OF ANIMALS. (See Pusitic Pounps,) - - - - - 275,288 INSURRECTION. | Duty of mayor in case of, - - - - : 204, 202 < chief of police, - - - - - 216 - aldermen and councilmen, - - - 215 “ police and watchmen, e - - - 216, 221 iB alarm sentinel, . - . - - 235 TRON. . Posts and columns on side-walk to be, except, - - 354 JOURNEYMEN. Not subject to license tax, - - - - 388 JURORS. Tn opening, &c., streets, &c., - . - - . 329 Defaulting, how punished, - - - - 176 KEEPER. Of powder magazine elected, - ~ ~ - - 241 Duties, (see PowpER MaGaAZINE,) - - - 242, 250 Of city prison appointed, - - - - - 228 Duties of, - - - - - - 229, 233 Shall give and take receipts when persons are committed , and discharged, - - - - - 231 Shall keep book setting forth particulars, cid se 231 ‘¢ furnish proper food, &c., to prisoners, - - 231 ‘< keep prison clean, &c., - - - - 231 “« weekly report to mayor names of prisoners, - 231 Fees, . - - - - - - 233 Shall deliver to prisoner all food and clothing except— 232 ‘* permit interviews with relatives and counsel, - 232 “* inspect all articles of food and clothing, - 232 KITES. Unlawful to fly, - - - - - - 40 KITCHEN STUFF. Shall not remain on premises, - - - - 106 ‘« be placed in front on Tuesday, Thursday, and Saturday, 111 Not to be thrown in'street, gutter, drain, &c., - - 336 LABOR. Adjudged for non-payment of fine, - - - 7 Failing to give bond, confined to, - - - - fa What is day’s work, - - - - - 418 Not to be performed on Sunday, - - - 298, 305 LAMPS. In carriages, cabs, &c., to be lighted, - - a, 62 In the market, - : - - - - 187 In the streets, not to interfere with, - - - BS 274 Shall have names of streets painted on, - - S 343 LAND. How taxed, ~ - - - - - - 375 246 INDEX TO LANE. SECTION Drivers in to keep on right hand side, - : - 290) City Engineer shall supervise work on, - - - 366 LEASES OR RECEIPTS For stalls in market, = - - - ae 180, 272 “* stores” ra . - - - - - Die LEWD PERSONS. « How dealth with, - - . - - - 292 Shall not congregate at balls, &c., - - - - 37 May be sent to work-house or house of correction unless bond be given, - - . - - - 417 LICENSES. For carts, drays, and wagons, - - - - - 50 ‘“‘ cabs, carriages, hacks, and gigs, . - - 58 ** omnibus, buggy, sulky, - - - - - 28 ‘* soap and candle factory, - ~ - - 70 ‘¢ sale of spirituous liquors, - - - - - 138 ‘* tavern, coffee-house, boarding-house, - - - 139 ‘* restaurant, eating-house, - - - - - 139 And all houses of entertainment, - - - - 139 For retailers, - . - - - - - 101 Revoked, if gaming is permitted, - < - - 101 To hawk and peddle, - - - - - - 102 ‘* pawnbrokers, = - - - - - Pa For shows, theatrical exhibitions, balls, - - - 308 “* feats, musicians, &c., - - ~ - - 308 Who subject to license tax, - - . - - 388 Assessor shall assess—objections to, how made, - - 389 All business pursuits and professions shall have, - - 388 Mechanics, journeymen, laborers, clerks, book-keeper, minister of the gospel, teacher of school, salaried officers, &c., except, - - - - - - 388 Retailers, &c., not within its operation, - - - 392 Fees to clerk for issuing, - - - - - 69 LICENSED HOUSES. (See Licenses.) LICENTIOUS PERSONS. Shall not congregate at balls, &c., - - - - 37 How dealt with, - - - ee pa - 293 LIGHTS. In carriages, cabs, &c., - . - - - 62 “* markets, - - - - - - 187, 199 “* streets, not to be interfered with, or extinguished, - 274 LIMITS, FIRE. Fire limits established, . - iP hs - 94 No wooden buildings shall be erected in, - - : 94 How side-walks made in, - - - - - 352 ‘s oe * outside, - = . : 353 LIQUORS. To be inspected, - ag i A : 4 151 Duty of owners, - . 4 A 7 3 151 ORDINANCES. 247 LIQUOKS.— Continued. : SECTION What is load for dray, &c., - - : - 54 Retailers of Spirituous, - . - . 138 Not to be adulterated, - . ‘ 3 138 LISTS. ' Of property for taxes, - - - J ‘ e 389 ‘* voters for assessment, - - - ~ - 372 ** assessments, - - - = . c 376 Mayor's warrant to collector, - - . 4 380 LIEUTENANT OF THE WATCH. Appointed, - - - - ° . f 219 Duties of, - - - - - = : 290 Office in municipal buildings, - - 3 pi 260 LIVERY STABLES. Fire warden shall examine, a - - 95 Shall be kept clean, - - - — A as 106 Sunday ordinance does not apply to, - - - 307 Manure not to be deposited in street, drain, &c., - - 336 How removed, - - - - : : 106, 108 LOAD. Of dray, cart, &c., and fee, - - - . =, 104, 55 ** vehicle for hire, - - - ‘ si 59 Driver of dray, cart, &c., shall take, - - . Fs 53 e carriage, cab, hack, &c., shal take, - - 60 LOTS. May be examined by board of health, - - “ 104 Vacant, shall be fenced, - - - - 177 Nuisance not permitted on, - - - a ‘ 106 In graveyard, how sold, &c., - - . 49 Fire-arms or works, not to be discharged in, - - a 97 Shall be kept clean, - - - “ 2 106 Earth not to be excavated so that water may stand on, - 110 Mayor may require to be cleaned and purified, - - 112 Filth, &c., to be placed in front on certain days, - - 111 Owners shall make side-walks, how made, - - 352 Side-walk before, to be swept every day, - - ¢ 356 City engineer shall survey, - - ° . 366 LUMBER. ~ How inspected, &c., - - = . 2 144 Duties of inspector, - - - as s 145 Shall not be placed where it is dangerous, - - w 96 sie ‘¢ in public square, - - A 365 How placed, when building in street, - - * = 335 Shall not be placed in street otherwise, - . 336 “ ‘¢ hauled so as to touch street, - > is 337 Not to be deposited on side-walk, - . - 4 336 LUNATICS, PAUPER. May be removed to city hospital, - - = : 136 MAD DOG. (See Pustic Pounps.) Relating to, - - = - - - 283 248 INDEX TO MAGAZINE, POWDER. See PowpeERr; regulations of, - - - - - 241, 250 MALIGNANT DISEASES. Duty of hospital physician as to, - - - - ee board of health, - - - me - Pest house, - - - - - “ Quarantine, oo be - - - = ~ MANURE Shall not remain on premises, - - - - How may be removed, - ~ - - - Not to be deposited in street, drain, &c., - - - MAP. . Sexton shall keep, of graveyard, and, — - - . Clerk shall keep copy, - ~ , - - City engineer shall make, of city, and keep, - - - MARKING. Vehicles shall have numbers marked on, - - - Hay shall have weight, - - - L e MARKET. Southern, Dauphin street and Ann Street, established, —- Mayor and market committee shall fix price of stalls in, - Renting, how, when, and terms of, - - 180, Public stalls set apart in, - - - ~ - Fish stalls, - - = a a A Mayor and market committee to determine what portion of market shall be used for sale of different commodities, Lessee not to sub-let, but may sell entire term, - ~ ‘¢ on selling shall notify city clerk, - - - Clerk of, elected, bond, salary, - * A = Duty, to attend, maintain order, decide disputes, keep weights and measures, to seize and destroy false weights and unwholesome provisions, to cause market to be swept and kept clean, to ring the bell, and light the market, - - - - - - Fees, - - - - - - ° Market hours, - - - - - 187, 7 y on Sunday, . 5 é . Butchers shall sell by retail, - - - ut Meat shall not remain in stall in summer, - - - “« how hung up, skins not to be exhibited, - - No unsound or impure provisions shall be offered, - - How meat, &c., weighed, - - - - - No one but lessees of stalls shal] hawk or peddle in the streets, Commission merchants may sell beef by the quarter; - Regular butchers not to use public stalls, - - - Non-residents may sell on public stalls, —- - . How and when fish may be sold, - - s : Persons using vacant stalls, carts and wagons, shall pay, - Forestalling and speculating forbidden, - - - No article to be taken without consent of owner, - - SECTION 129, 106, 129 104 135 113 108 108 336 47 49 365 61,51 181, 143 ig 180 182 181 182 183 184 184 185 186 188 189 189 190 190 190 191 192 193 193 194 194 195 196 197 197 ORDINANCES. 249 MARKET.— Continued. SECTION Butchers and all others shall wash the stands they occupy, - 198 No person shall meddle with lights, - - - 199 Stores in Southern to be rented, - 5 te : . 271 ‘¢ directions for, - - . = * 972 No person shall buy in one market to sell in another, without fee to each, - - - - = < ‘ 197 MASKED BALLS. Not to be held unless permitted by mayor, — - - - 37, 308 MASCULINE. Includes feminine and neuter, - - - - 27 MAYOR. May try all violations of ordinances, - - - - Gyid, May select ordinance to try offender, : - - 10 Powers of persons acting as, - ~ - - - 9 May suspend or remove any officer, - - - 32 Vacancy, how filled by him, - - : - - 32 May permit masked or public balls, ~ - - 37, 308 Shall issue dray, cart, &c., license, - - . - 50 Duties, in dispute, about fences, - - - - 71 ‘« when board to investigate fires report to him, - 98 May prevent introduction of hides, goods, &c., - - 107 ‘¢ remove vessels that are nuisances, how, - - 9 ‘¢ enforce health regulations, - - - 104, 105 sé st quarantine, how, - - - - 121 ‘* grant permits to paupers and paying applicants te city ° hospital, - - - - - - - 133 ‘¢ suppress assemblages of disorderly persons, - - 296 ‘¢ with president of the two boards appoint wharf com- mittee,- - - - - - - - 407 Shall cause names of streets to be placed on corners, - 350 Mayor and presidents of the two boards shall appoint assistant to city engineer, - - - - - - 368 Mayor and presidents of the two boards shall assess taxes and licenses, - - - - - - 371 Mayor and presidents shall hear and decide objections to assessments, - - - - - - 378 Shail issue warrant to assessor, - - - - 380 a s = tax collector, - - - - 380 ‘* appoint superintendents and assistants of chain gang, 418 May appoint superintendent of animals, - - . 275 , ‘ city porter, - - - - - 239 ‘¢ authorize buildings to be torn down to check fires, - 85 Shall have free access to private hospitals, - - 137 May revoke licenses to public houses, - + - 101 Duty as to renting stalls in market, - - 181, 182, 183 ~ May call out military, - - - - - - 204 Duty as to citizen’s patrol, - - - - 208 $ pawnbrokers, - . - - - 213 af city police, - - - . . 215 250 INDEX TO MAYOR — Continued. SECTION Duty as to keepers of city prison and deputics, . - 228 by alarm sentinels, - - - - 228 % secret fund, - - - - - Pays Duty to act on hospital committee, - - - 125, Court room, - : - - - - “ 251 Place of office, - . eA . - - 254 May appoint police for theater, - + “ = S11 ‘license shows, exhibitions, &c., - - - 308 Duty as to opening, &c., streets, - - ~ 020; 329 ie shelling, paving, &c., = - - - 346 ss assessment of taxes, - - - 377, 378, 379 May issue blank license to assessor, - - - 390 Attorney shall advise when requested, - - - 34 Shall provide wagon or cart for keeper of powder magazine, 243 May require wal], house, or erection, to be removed if of opinion that it is dangerous, - - - - 337 MEASURES. Inspection of, and weights, - - - - 157, 161 Duty of clerk of market as to, - - - - 186 What are to be used in market, -. - - - 158 MEATS. Butcher shall sell in any quantity, how, ms = “ 190 What part of market shall be set apart for sale of, - 183 Peddling and hawking of, prohibited except, - - 193 Impure, unwholesome or unsound to be seized, = - 191 Not to remain in market in summer, - - : fh 190 Commission merchants may sell beef by the quarter, - 193 MECHANICS. Committee of, elected, &c., = - - - - 163, 170 Exempt from license tax, when, = - - J 388 MERCHANDIZE. License for peddling, - - . - - « 102 MILITARY. Ist vol. regiment armory, - - - - - 201, 202 Mayor may call out, - - - - - - 904 MILK. ; Impure or wartered not to be sold, - - € 205 Sunday ordinance does not apply to carts, - - = 307 MINORS. If required to give peace bond, guardian may give, . 1937 If injure side-walk, parent or guardian shall pay, - - 359 MULATTO. Includes ‘‘ negro,” - - 238 rt 2 27 MUNICIPAL BUILDINGS. , Declared, - - 4 is c bs L 951 Mayor’s court in, - - - Q : ag LAY Aldermen shall meet in, - - i ; ‘ 952 Common council shall meet in, ' ' ' , wo qn wo Mayor shall have an office, - - - - - 254 ORDINANCES. MUNICIPAL BUILDINGS.— Continued. Treasurer shall have an office, - - - City clerk, ‘ Tax collector, “sc 7 ¥ e x! ‘“c ‘“ es 3 4 Assessor, - - - - - Engineer, - - - - - - Chief of police, assistants, and police officers, ie Police or watchmen, - - - - Guard-room or lock-up, - - - - Sales before, - - - - - Year commences Ist Monday in January, - - Re # for terms of office, Ist day of January, MUNICIPAL YEAR. Shall commence, - - - - - xd = for term of officers, - - MUSICIANS. Street, how licensed, - - - - - NEWSPAPER. Printer shall publish in, what, —- - - Report of chief engineer shall be published, - - Sales of stalls in market shall be published in, - “* nuisances, - - - - - Sunday ordinance does not apply to newsboys, —- Notice of assessment of taxes, - - - ants AEN age cer ‘“« objections thereto, - . ‘¢ unpaid taxes, - . NEUTER. Includes ‘ masculine,’’ - - - - NIGHT WATCH. Organized, &c.,(PoLicEe,) - - - - Shall have office in municipal buildings, - - Captain of, duties, - - - see es Lieutenants of, duties, - - - Duties and powers of police, - - : How punished for improper conduct, - - Duty of all persons called on to assist, - - No person shall interfere with or resist, > «shall falsely represent, &c., - - Duty of alarm sentinel on bell tower, —- - Shall be uniformed, - - 3 el a NINE-PIN ALLEY. Licensed. (See Ciry CHarrer, page 25.) Forbidden on Sunday, - - - - NOTICES. To be printed by city printer, - - - - Of objections by assessor of taxes, - - Of assessment of taxes, - - ° - = bi ‘¢ objections thereto, - To be given by collector of unpaid taxes, - ~ 32 251 SECTION 269, 220, 255 256 252 INDEX TO NOTICES.— Continued. Of application for opening streets, drains, &c., + - Mayor may give to owner of erection, that it is dangerous, when it shall be removed, . - é s Indecent notices forbidden, - - - . d NUMBERS. Of vehicles shall be marked on them, - - - NUISANCES. May be removed, - - ‘ 4 i zs ‘« inquired of by board of health, - - - Not permitted on lots, - - - je sd vi in docks, - - ° z L, Mayor may prevent introduction of hides, goods, &c., - Dead animals and filth not to be left except where mayor may direct, - - - - = = s No slaughter-pen or butcher-house, - - bs Filth, trash, &c., to be placed in front of premises, on Tues- day, Thursday and Saturday, - - =" = No excavation where water may stand, Miinet toe + Regulations to prevent, may be enforced by mayor at expense of owner, - - . “ - , Vacant lot shall be cleaned, - * P “ In public parks forbidden, - ~ - - . On side-walks by erections forbidden, - < < Proceedings where owner of is unknown, - : F No filth permitted. in docks, - “ . 2 Erections on streets declared to be, - - : ‘ sé shall be abated, - - - “ % If owner unknown, how disposed of, - - . ¥ Vessel may be removed when, - - . é OATHS. Includes ‘ affirmation,” “ - rt i Of officers, - - - - ~ 4 be “* master mechanics, . - - - x « OBSTRUCTION. May be removed, - - - - u 3 Not to be on side-walk, . < - a 3 “6 “ yemain in docks, - - s < t «permitted around markets, - - = 3 “ ‘ in streets, drains, guttcrs, &c., - - ty # on side-walks, - - . am G OFFICE AND OFFICERS. Vacancy, how filled in, - - La pea “ Oath of, ~ & 4 . bs rh “i Bonds of, - . . e oe A 5 See VARIOUS OFFICERS. Terms of, commence, - = a: 4 Mayor may suspend until, &c., — - - - i SECTION 328 337 297, 417 51,61 9 104,105 106 107 107 109 354, 9 304 411 185 351 351, 354 32 ° 31 30 28 32 ORDINANCES. 253 OFFAL. SECTION Not to remain on premises, - - - - - 106 Board of health may regulate, - - - - 104 Not to be thrown in streets, gutters, drains, &c., ~ - 336 Shall be placed in front of premises on Tuesday, Thursday and Saturday, - - . - - - 111 OMNIBUS. Shall be licensed, - - . - - - 58 Fare, - - - fi - - - 59 ORDINANCES. To be printed three days before in force, ~ - - 4 Book of, to be kept by clerk, - - - - 33 Violations of, tried by mayor, alderman or common council- man, - - . - - : - 6,7 May be selected by mayor or other officer, - - 10 How enforced, - - ~ - - - 6,14 Construction of, - - - > - - 9, 10 Election of, made, and such held to, - - - - 10 Persons violating, or threatening to, shall give bond, - 12 Repeal of, does not affect matters pending, or in fleri, - - 14 Meaning of certain words, when used in, - - - 26,27 Records of, to be kept in clerk’s office, - - - 33 Attorney shall prosecute, - - . - - 34 Duty of mayor aste, - - - - - - 214 * chief of police as to, - apoay - 216 Ka police or watchmen, - . ~ - ~ 220-224 Treasurer shall keep record of council, - - - 396 OYSTER SHELLS. Shall not remain on premises, - - > - - 106 To be placed before premises on certain days, - - 111 PAINTINGS. Exhibitions of, licensed, - - . . - 308 PANORAMA. To be licensed, - . - - - - 308 PARTITION FENCES. How erected and built, - - - - - 71 PARENTS. Shall give bond for child, - - : - - 12 If child injure side-walk, shall pay, - - - - 359 PARKS, PUBLIC. Bienville, established, . - - ~ > 263 Washington 3s - - - - - 264 Trees not to be injured in, - > - > - 266, 336 Horses, &c., not to be allowed to run in, - - - 267 Nuisances in, torbidden,' - - - - . 268 Duty of police as to, - : - - . - 269 PASSENGERS. Reguletions for vehicles to carry in city, ~ ks -. ‘58-66 : ‘ ‘ 59 Fare, - - - 254. INDEX TO PAST OR PRESENT. Includes “future,” - ; pe “4 r, PATROL OF CITIZENS. How regulated, - - - - - 207, 208, PAWNBROKERS. Shall be licensed, and give bond, - - - - Regulations for, - - - -° - - Shall keep book open to officers, - - - Person injured may have right of action on bond, - - PAVING. How done, - - - - - - - City engineer’s duty as to, - - - - - PAVEMENTS. See Pavinae. Engine, hose cart, hook and ladder carriage, shall not run on, PAUPERS. How admitted into hospital, - - - - How buried, - - = i] re 256 INDEX TO POLICE, CHIEF OF.—Continued. To be uniformed and wear badge and number, ~~ - - In case of death, resignation or discharge, number to be de- livered to chief of, - - - - - Number shall be worn in front of hat or cap, - - Number and badge to be furnished by city, - - Uniform to be furnished by police, - - - . City Prison established, - - - - - Keeper, deputy, and three alarm sentinels appointed, - Duty of keeper, - - - - - ‘« deputy keeper, - . - - - Book shall be kept, keeper shall give and take receipts from prisoners, shall keep prison clean, and give proper food, and make weekly report to mayor, of prisoners, - - - - Shall deliver to prisoners any food or clothing that may be brought to prison for them, - - - > Shall not prevent prisoners from having communication with counsel or relatives, - - - Shall inspect all articles of food or clothing brought to city prison, - - - - - - Fees, - - - - - - - Duty of alarm sentinel, - - - ~ - Shall strike fire alarm, and for riot, &c., - - Secret fund provided, - - * - - - How disposed of, - * - ° ~ Office ef officers, - _- - - . - s privates, - - - - - - Guard room, - - - - - - - Duty of, as to public parks, - - - - BE 4 shows, exhibitions, &c., - - . us = theater, = - : _ . ‘¢ when owner of nuisance is unknown, - - ‘¢ as to summoning jury for streets, - ~ - POUNDS, PUBLIC. Inspector of animals to be appointed by mayor, - - Bond and compensation, — - - - - - Duties of pound keeper, - - - - Bs Limits of animals running at large, - - - Pound erected at expense of city, - - - - Inspector shall enter description of animal in book, . Sale of impounded animals once a week, - - - Inspector to pay net proceeds into city treasury, . Owners may redeem animals in thirty days, - ° - Net proceeds less 15 per ct. to be paid to owner, - Proceeds of sales of hogs forfeited, - - - - Fees for impounding animals, - - 4 . No dog permitted to remain in city without payment of tax and to wearacollar,. - - a. ; Found at large without collar to be impounded, - - 369, 370 ORDINANCES. 257 POUNDS, PUBLIC — Continued. SECTION Not to remain on owners premises without collar, - : 285 Fees for redemption, - - - - . 985 If not redeemed to be slain, - - - ’ x 285 Bitch in heat at large to be slain, - « . 286 Fierce or dangerous dogs may be killed, + - - 286 Description of dogs impounded to be placed on bulletin boards, 286 Meaning of the word dog, - - - 2 ™ 286 Mayor shall issue proclamation to prevent hydrophobia if necessary, - ~ - - - - 287 POUND KEEPER. See Pustic Pounps, - - + - - 275, 288 POULTRY. Shall not be peddled, except, - - - _ 103, 193 PORT WARDENS. (See Harsor Master.) PORTICOES. If over side-walks, how erected, - - - : 354 PORCHES. If over side-walks, how erected, . - - a 354 POWDER. Magazine established,» — = - - - . 244 ef regulated, - - - . - 245, 246, 247 ee keeper elected, - - - - : 241 = duties of, and fees, - . - o = 242,243 Duties of owners of powder, . - - ‘ 247,248 Vessels containing, shall not lay at wharf, - - = 246 How landed at wharf, . - - - > 247 Fire wardens shall examine where stored, - . * 95 Fees of keeper for feed of horse, - - = 243 PRECAUTIONARY MEASURES. To prevent fires, = . - - - « 94,07 > «sickness, duty of hospital physician, - - 129 we board of health, - - 104 Pest house, - : - - . - 135 Quarantine, - - - = - - - 113-123 To prevent injury from gunpowder, . - - 241-250 PRESIDENT OF COMMON COUNCIL. Duty, in reference to secret fund, : - - - 237, 238 ‘* as to licenses for shows, &c., - - - 309 vr ‘* court of assessments, . - - - 378, 379 “« to appoint assistant engineer, - - - 368 a “ wharf committee, - - - . 407 PRESIDENT OF ALDERMEN. Duty, in reference to secret fund, - - - - 237,238 ** as to licenses for shows, &c:, = - - - . 309 =f: ** court of assessments, - - - - 378, 379 ‘‘ to appoint assisstant engineer, - - . - 368 aa - wharf committee, - - - 407 PRINTING. Included in ‘ writing,” - . - - - 27 258 INDEX TO PRINTER, CITY. SECTION Elected, bond, salary, - - - - - 2 Shall print and publish all ordinances, advertisements, by-laws, public acts, resolutions, notices, &c., - - - 3 Shall print on second and third pages of newspaper, - - 4 ‘“« have reporter at every meeting of boards and conven- tions, - . - - - - ~ +) Shall print proceedings in three days, - - - 5 On failure, fined fifty dollars, - - - - - 5 PRISON, CITY. Established, (see PoLice,) - - - - 227 Offender, failing to pay fine, confined in - - - 7 For contempt, - - - - - - 8 Failing to give bond, - - - - ~ 12,7, 417 Aldermen and councilmen may commit to, - - 215 Chief of police shall attend at when mayor directs, - - 216 Keepers and sentinels appointed, - - - - 228 Duty of keepers, - - - - - - 231, 232 “« Sentinels,- - - - - - - 234, 235 Fees of, - - - - - - - 233 PRISONERS. . Shall be furnished with receipt for articles taken from them, and shall give when discharged, - - - . 231 ‘« have proper food and diet, - - - - 231 Names shall be reported weekly to mayor, - - . 231 Fees, - - - - - - > 233 May have food and wearing apparel brought to them in prison, 232 st interviews with counsel and relatives, - < 232 PRIVATE HOSPITALS. How established, - . ° - - - 137 PRODUCE. Wagons or carts containing, need not be licensed, - 50 Stalls for sale of country, “ - - - - 181 PROPERTY. _May be removed, - - - - - - 9 The word includes “ real” and ‘ personal,” - - 27 Meaning of real, and of personal, - - - ~ 370 How taxed, - - - - - = - 371 Public of the city, - - - . - - 251, 270 Not to be injured, - - - ; - 274 Stores in market, how rented, - - - 272 All under direction of mayor and two presidents, ° 273 Public parks, - * * ° a . 263, 264 Municipal buildings, - - - 2 a L3 251 City property, - - - - fe z 271 PROSTITUTES. To punish, - - - - - - 293, 417 May be sent to work-house unless bond be given, - 417 ORDINANCES. 259 PROCLAMATIONS. SECTION Record of, kept by clerk, - - - - - 33 To be printed by city printer, - . - - 3 Mayor to issue as to quarantine, . - - - 113 PUBLIC. Ordinances, resolutions, &c., to be published, - - 3 Property of the city, - - - - - . 271 All under control of mayor and two presidents not other wise provided for, - - = - - - 273 Not to be injured, - - - - - 274 Parks, Bienville, - - - . - - 263 Washington, - - - - - - 264 Not to be occupied, - - - - - 265 Trees not to be injured in, = - - - - 266 Horses, &c., not to run in, ~~ - - - 267 Nuisances in, forbidden, - - - - 268 Duty of police as to, - - - - - 269 Houses shall be licensed, - - - - 138, 139 Not to permit gaming in, - - - . - 101 ‘¢ be kept disorderly, - - . - 140 Buildings, market, - - “s - - - 179 City prison, - - - - - - 227 Powder magazine, - - . - - 244 Municipal officesin, - - - - . 251-262 Not to be injured, - . - - - 274 Stalls in market, (two,) - - -* - . 181 «may be used by country people, - - - 183 ‘* not to be used by regular butchers, - - - 184 Bails, not to be given, unless by permission of mayor, - 37, 308 PUBLIC SAFETY OR CONVENIENCE. Animals not to be driven at immoderate speed, - - 289 Cruelty to animals forbidden, . - - - 289 Persons and vehicles meeting will keep to the right, - 290 PUBLICATION OF ORDINANCES. Shall be made before in force, - - - - 3, 4 PUTRID OR PUTRESCENT MATTER. Not to remain on premises, . ~ - - 108 «be thrown in dock, - - - - - 415 To be placed in front of premises on Tuesday, Thursday and Saturday, - - - - - - 111 QUARANTINE. Established, but not to be enforced until proclaimed by mayor, who shall define the length of time for its continuance, 113 Physician elected, - - - - - - 114 Duties of, - - - - - > 115 + of pilots, &c., - - - - - 116 Sick persons shall pay $5 per day for attendance, . 117 Not to apply to New Orleans steamers, regulations for them, 118 No vessel shall take on, or discharge cargo, - . 120 Mayor and board of health may remove vessels to, - - 121 33 260 INDEX TO QUARANTINE.— Continued. SECTION Duty of harbor master and port wardens, - - 121 Quarantine rules, - - . Fe re = 123 Tonnage fees, how collected, - - - - 122 QUARRELING AND DISORDERLY CONDUCT. Forbidden, - j E a “ A 999 Drivers of cabs, &c., shall not be guilty of, - - 63 Not permitted in public houses, - . - 140 - Ay at theatre, - - - : - 311 Duty of citizen patrol, as to, - - . P 2 210 *¢ aldermen and councilmen, as to, - - 215 ‘« police, as to, - - - - - 215, 216, 220 To prevent and punish, - - - 2 : 293 May be sent to work-house unless bond be given, - =P, Ale RACING. Not permitted in streets, + - = 2 64, 57, 289 RAILROADS. Sunday ordinance does not apply to, - ” - , 307 REAL ESTATE. . How taxed, - - - - = J 370 Meaning of real property, : . - i : 27 REBELLION. Duty of mayor in case of, - - - - - 202, 204 How bell to be struck in case of, ° = - = 2935 Duty of aldermen and councilmen in case of, - - 215 ‘¢ chief of police in case of, - 4 8 ms 216 RECORDS. Of common council, kept by treasurer, - - = 396 ‘¢ board of aldermen, ‘clerk, 3 “ 68 ‘* ordinance, by-laws, &c., = - - : f Z 33 ‘‘ licenses and transfers of drays, &c., - - - 52 ‘‘ both boards, by clerk, - - : « m5 68 Clerk’s fees for copies of, - - - : ‘ 69 Of police, chief of police, shall keep, - - 216 ‘* maps, notes, &c., city engineer shall keep, : 364 Treasurer shall keep, - - : . m ‘ 396 Of tax collector’s receipts by clerk, - - Ws 387 RECOGNIZANCE. To appear for offenses, - = - » b M19 718 Aldermen and councilmen may take, - - ~ 215 REDEMPTION. Of land sold for taxes, - - - - - 383 REGRATING. 4 Forbidden, . Z 4 i . 197 REGISTRY OF DEATHS. Shall be kept, - . a - ¥ ‘ > 49 REGIMENT. 1st volunteer armory, &c., - - - - 201, 204 ORDINANCES. 261 RELIGIOUS WORSHIP. SECTION Disturbance of forbidden, - - - - - 296, 305 May be sent to work house, or house of correction, unless bond be given, - - - - - - 417 RENT. Of stalls in market, — - - . . - 180, 181, 184 “ city property, - - - - : ol BE ty alo REPAIR OF STREETS. How to make, - - - - - - - 328 Bulkhead, when street terminates at water to be kept in repair by owners, - - - - - 331 Duty of city engineer as to, - - - - - 366 RESOLUTIONS. To be published, - - - - - - 3 Record of, to be kept by city clerk, - - - . 68 % council, treasurer shall keep, - - - 396 RESTAURANT. Shall be licensed - - - - - - 139 Duty of keeper, - - - - - - 140 RETAILERS. Shall be licensed, - ~ - - - - 138 Duty of keeper, - - - - : - 138 License revoked if gaming is permitted, - - - 99 RIDING FAST. Not permitted in streets, - - - - a7, 64, 289 RIOT AND RIOTOUS CONDUCT. Forbidden, - - - - - - 4 » 292, 293 Alarm bell for, - > - - - - 235 To quell, volunteer regiment shall obey orders of mayor, - 202 Duty of aldermen and councilmen, - - - - 215 “ “ chief of police, - » ° - - 216 «« “ police at shows, exhibitions, &., ~ - - 310 May be sent to work-house unless bond be given, - - 7, 417 ROCKETS. } Not toebe let off in city, - - « Fe - 4h ROPE DANCING. Exhibitions of licensed, - - - - - 308 RESIN. How and where stored, - - - “ ¢ 250 Merchant may keep 5 barrels in store for sale, - - 9250 RUBBISH. Shall not remain on premises, - > - > - 106, 108 oP basse 2s ** docks, - - - - - 415 To be placed in front of premises, Tuesday, Thursday and Saturday, - - - - - 7 ‘. 111 Not to be thrown into street, gutter, drain, &c., - - 336 SABBATH. No person over 15 years of age shall violate,. - - " 998 “« store not to be open, - - - - . 299 ** drinking-honse not to be open, - - : aR 300 262 INDEX TO SABBATH.—- Continued. SECTION ' Nolabor, - + - - . - - 304 ““ games, sports, &c., forbidden, . - - - 301 Nothing but necessaries to be bought, 303 Barbers may keep open until 12 o’clock, - - - 306 Not to apply to steamboats or vessels, railroad trains, ice- houses, livery-stables, nor milk-carts, - - 307 If clerk is sick, sexton may issue permit for burial on, - 49 SALARIES. Of city printer, - - - > - 2 7. attorney, - - - - - - 36 =: sexton, - - - - - - 47 6 clerk, - - - - - - - 49, 68 ie physician of hospital, - - - = 128 a steward of “4 - - = eae - 131 oe clerk ef market, - - - - - 185 a engineer and assistant, - - - 363, 368 ‘43 assessor of taxes, - - - . 372 oe treasurer, - - - - - - 395 Tax collector, - - - - - - . 38k Street commissioner, - - - - - 369 Superintendent of wharves, - - - - - 408 Gas metre, - - - - - - sore 154 City porter, - - . - - - - 239 Inspector of animals, - - - - . 275 SCALES. Shall be inspected, how, - - - - 158, 161 Duty of clerk of market as to, - - - 186 What are to be used in market, . - * - 192 Spring balances not to be used, " - a - 158 SCAVENGERS. Shall collect trash, &c., on Tuesday, Thursday and Saturday, 111 SEAL OF CITY. Established, ~-- “ - - - . - 1 Shall be on licenses, - - - - - 50 SECRET FUND. Provided and regulated, - - - - 236, 238 SECRETARY. Wardens may elect, - - - - - 90 Duty of, of fire companies, - . - - - 87 SENTINELS. Alarm appointed, - > - - > - 228 Duties, - - - - - . 234, 235 SEWERS. , Established and regulated, (DRAINs,) - - - 328, 336 No trash or filth to obstruct. - * . - 336 SEXTON. Elected, bond, duties, - - - - - 47, 48, 49 SHADES AND AWNINGS. How erected over side walk, - - F . “ 354 a= ORDINANCES. SHEEP. Not to be driven in street on Sunday, SHELLED. 263 SECTION : 304 344, 345, 346 Howstreets may be, - - - - Duty of city engineer as to, - - - : 346 SHELLS. : ‘ Not to remain on premises, = - - - - - 106 To be placed in front of premises, Tuesday, Thursday, and Saturday, - - - - - . 111 SHOWS. Shall be licensed, how exhibited, - - - 303 Not permitted on Sunday, - - - : - 301, 302 Police shall attend, - - - - - - 310,311 SICKNESS. See DIsSEASEs, - - - - - 104,113, 129, 135 Articles may be sold on Sunday in case of, = a 298 SIDE WALKS. Required, how made, - - - + > 352 Engine, hose cart, hook and ladder carriage, &c., not to run 2e 300 Fireworks or arms not to be discharged or let off on, - if Around markets to be kept clean, - - : - 186 How trees planted on, - - - - - 337 How made in fire limits and before gates, - - : 352 seis COULG Offence - - - - - 393 Shall not be obstructed in any way, - - - - 354 No auction on, except by permission of mayor, - - 304 Walls, houses, or buildings that are dangerous not permitted to remain on, - - - - - - 337, 354 How projections over shall be erected, - - = 354 Posts and columns on shall be of iron, except, - - 354 To be swept every day, - - - - - 306 Trees on and over to be trimmed - - - - 357 Where owner of obstruction is unknown it shall be sold, . 358 When injury is done to, it shall be paid for, - » 359 If done by animal of unknown owner, it shall be sold to pay for, ~359 Nuisances shall be reported by city engineer, - - - 364 City engineer shall furnish grade, and supervise work on, - 366 Duty of city engineer as to, - - - - - 364, 366 SIGNATURE. Includes mark, - - . - - - 27 SINGULAR. Includes “ plural,” - - - . - 27 SHUCKS, INSPECTION OF. See Hay. SIGN-BOARDS. With name of streets, to be placed at corners, - - 350 How erected over side-walks, - - + - 354 Not to be injured, - . - - - 292, 337 SKY ROCKETS. Not to be let off in city, - - - - - 41 264 INDEX TO SLAUGHTER-HOUSES OR PENS. Prohibited, - . - SLIPS. Shall be kept clear, (Docks, WHARVES,) Trash shall not remain in, - SLOPS. See Orrat and Kitcuen Sturr, - Not to remain on premises, —- How disposed of, shall be placad in front of premises, Tuesday, Thursday and Saturday, Not to be thrown in street, drain or gutter, SMALL-POX. Duty of hospital physician as to, - ‘“ “ board of health, - See DisEAsEs and QUARANTINE, - SOAP FACTORY. How established, - - SPIRITOUS LIQUORS. Sale of, licensed, - - “. Not to be adulterated, - - Shall not be sold on Sunday, - Persons loitering about where sold, how dealt with, How inspected, . - 4 SPORTS. Forbidden on Sunday, - - SQUIBS. Not to be let off or fired, - STABLES. Warden shall examine, - - Shall be kept clean, - : Filth, &c., from, to be placed in front of, on Tuesday, Thursday, and Saturday, - - - Sunday ordinance does not apply to, STALLS. In market, to be rented annually, - Shall be kept clean, - How rented, - - - Two shall be set apart as public, STAVES. Inspector of, how elected, - - His duties and fees, ~ - Quality and description of, - Shall keep an office, - - Shall not be placed where dangerous, STEAMBOATS. Includes “vessels,” ~- - Sunday ordinance does not apply to, STEPS. Shall not be injured, - - SECTION ‘106, 106, 186, 109 412 415 108 108 111 336 129 104 113 70 138 138 300 293 301 ORDINANCES. 265 STEWARD. SECTION Of hospital elected, - - - 4 131 Duties of, « . a ‘ : , a 132 STORES IN SOUTHERN MARKET. How rented, - ~ - - - a¢1, 272 STOVE-PIPES. Wardens shall examine, 2s - - - . 95 STREETS. Ditch shall not be cutin, - - - - 348 No fire arm or firework to be discharged in, . . 41 Hose cart nor engine to run on side-walk, - 355 No burning coals or brands to be carried in, + - - 349 Hawking and peddling of meats, &c., prohibited, except, 103 City engineer’s office, - . - - - - 364 Proceedings, to open, alter, improve, repair, or drain, &c., 328 Jury to asses damages, and how collected, = - - - 329 How proposals and contract made, - - 330 Bulkheads, when street terminates at water, - - - 331 All streets, now open, are public, - - - Sak Not to be opened without permission of city, - - 332 Opening, is a dedication, - - - - 331 Regulation of, - - - - - 333 Pipes, how laid, bolts and marks not to be moved, - 333 No house to be erected on, or enlarged, unless on application to city engineer, - - - = 334 Building material not to fill more than one-third of, - - 335 No cotton, wood, lumber, &c., to be left in, - 336 ‘* earth to be dug or disturbed in, ortree dug in, - 336, 337 Nor any board or sign to be injured, - ~ 336 ‘* erection east of Front street, - e # * 337 How trees to be planted in, - - - 337 Name of, at the corners, - - - - - 338 Front street to be 70 feet wide, - - - 338 Houses on to be numbered, -~— - - - - - 340 Name of streets on lamp posts, = = - - 343 How shelled or paved, - - - - - 344 Side walks kept in repair, - - . - 302 How made in fire limits, - - - - - 352 be ‘* if not in fire limits, - 353 Not to be obstructed in any way, - - - - 351 Walls, &c., leaning over, if dangerous, shall be moved, - 354 No erections over, less than 12 feet high, how, - - 354 All fronts on, swept every day, . - : 356 Trees to be trimmed over, - - - - - 357 Animals to be removed from, ~ - - 359 Not to be injured, if so, to be paid for by owner of the animal, or the person committing it, - - - - 359 City engineer of, elected, - - - - 363 His duties, - - - - - - 364, 365, 366 Around markets, to be kept clear, - - - 186 266 INDEX TO STREETS.— Continued. SECTION / Quarreling and disorderly conduct, forbidden in, - : 292 No sign-board, steps, blinds, door-plates, to be injured, - 292 Musicians to be licensed, - - + - - 308 Persons drunk in, how dealt with, - - - 293 Street commissioner shall place names of streets on corners, - 350 House encroaching on, declared a nuisance, - - 334 Persons disturbing surface of, to leave in good condition, - 337 Names shall be placed on certain streets, - . 350 No public auction permitted on, except, - - 351 ‘ gates to open on, - - - - - 351 ‘¢ water to run on side-walks, from yards or lots, - - 359 Gutters over side-palks to be kept in good repair, - 399 Stone crossings to be laid within fire limits, —- - 360 Side-walks to be of uniform surface, | - - - 360 Water not to stand on side-walks, - - - - 360 Entries to alleys and lots to be bridged, - - . 361 STREET COMMISSIONER. Elected, bond and salary, - - - - - 369 Shall supervise streets, and street force, under direction of mayor, - - ~ - - - 369 Shall keep account of implements and property of city, - 369 Shall report the necessary repairs to bridges, - - - 369 Shall daily examine streets, lots, and side walks, - - 369 Shall do work according to plan of city engineer, - - 369 Shall remove all nuisances, - - - - 369 Shall remove and bury dead animals, - - - - 369 Shall place numbers on street corners, - - - 350 Shall keep record of, and time of street force, and report, = - 369 STREET RAILROADS. Persons desiring to construct may petition corporate author- ities, - - - - - - - 313 Road must be built in two years, - - - - 313 Track to be laid under direction of corporate authorities, - 314 Bridges and turn-outs to be kept in repair, - - 314 May make turn-outs, - “ - - - . 315 Shall employ sober and careful drivers, - - - 316 Shall not run oyer six miles per hour, - - 316 Shall give way to vehicles, - - z - 317 Horse power only shall be used, - - - - 318 Shall run on Sundays at certain hours, - - - 319 Rate of fare, - - “ - - - - 319 Shall carry lamp at night, - - . - - 220 Shall obtain grade from city engineer, -, > - 321 If cars not run for three months, shall be rented out to highest bidder, = - - - - : - 322 Smoking in cars prohibited, - - - - 323 Cars shall not obstruct street crossings, - - - 324 Must not interfere with fire department, - - “ 325 Must be stopped at appearance of danger, = - - - 326 ORDINANCES. 267 STUDENTS. , SECTION In hospital, - - - - - - 150 SUMMONS. Form of, - - - - - - - Lg Jury by police officer, - + : - - 329 SUBSCRIPTION. Includes ‘f mark,” - oa - - - - 2a SULKY. Licensed, - - - - - - ~ 58 SUNDAY. No person over 15 years of age shall break, - - - 298 ** stores not to be open, - - - - - 299 *“* drinking-houses not to be open, - - - . 300 ‘‘ labor, = - -— - - - - 304 ‘* games, sports, &c., prohibited on, - - . 301, 302 Nothing but necessaries to be bought, - - - 303 Places of worship shall rot be molested, - - - 304 Not to apply to steamboats or vessels, railroad trains, ice- houses. livery stables, nor milk carts, - - - 307 Barbers may keep open until 12, . > - . 306 If city clerk sick on, sexton may issue permit for burial, - 49 SURGEON. Of hospital, elected, duties, &c., - - - 129, 128 SURVEYS. To be made by engineer of city, - - - - 364, 366 SUSPECTED PERSONS. Duty of police as to, - - - - - - 220 SWINE. : Not to be driven on Sunday, - - > - 304 Injury by to side-walks, owners shall pay for, - - 399 If owner unknown, shall be sold, - _ - - 359 TABLE, GAMING. Prohibited, - - - - - - - 99, 101 TAR AND PITCH. How and where stored, - - - “ - 250 Merchant may keep five barrels in store for sale, - - 250 TAVERN. Not to permit gaming in, - : . - - 101 Shall be licensed, - - - - - + 101 Duty of keeper, - - - - - 140 TAXES. Tax lists, how printed, - - - - - 3 Assessor of, office, elected, - - : . 372 Property subject to assessment, - - - 370, 371 Directions as to, - - - - - - 371 Head tax of $1, - - - - - : 371 Members of fire department exempt from head tax, - 73 Assessor shall make assessment each year, - - - 372 ¢ shall commence lst October, - - - 373 Form of notice, - - - . - - 374 34 268 INDEX TO TAXES.— Continued. SECTION All persons shall render their property to, - - 374 Form of and duty of assessor, - - . - 375 Assessment to be completed by Ist of February, - -. 372, 376 To be returned to city clerk, - - - - + 372 Mayor and two presidents shall examine, - - 376 And make orders, - > - - - - PAS Notices to be given, - - - : 2 377 Duty of clerk, - - - - iS " 378 ‘« mayor and two presidents, > - - 378 ‘6 two boards, - - - - - - 378 Mayor to issue warrant to tax collector, - - - 380 Tax collector elected &c., - - ~ .- be 381 His liabilities, - - = . 381 Proceedings to enforce collection, may sell, - : 382 Shall give certificate of sale, - . - s 385 Purchaser failing to pay, how to proceed, - - 384 Assessment is a lien, > - - - . 385 Collector’s duty as to property not assessed, - - a 385 License tax, who subject to, - Be . : 388 Assessor shall determine, - - - - 389 Penalty for failing to take license, - . ~ 391 Assessor shall rurrender all blanks, furnished to him by mayor, 389 Proceedings before mayor as to delinquents, - - edie 391 City engineer shall attend tax sales, - - - 385 he ms ** take possession of lots purchased by the city, 383 Any person authorized to acquire the title of the city by pay- ing the taxes, twenty per ct. and expenses, - - 383 Failing to pay taxes by Ist July, shall pay cumulative tax of ten per ct., - - ° - : ‘ 384 Tax collector shall give notice to give in sales of merchandise, &c., - - - - 386 Penalty for failing to give in sales, - ae a 386 4! ‘* false accounts of sales, - Ee - . 386 Collector shall pay over weekly, - - - - 387 Provisions of this ordinance not to extend to those cases where licenses are granted under section 52 of the city charter, - - © a . 5 s 399 TAX COLLECTOR. Elected, bond, salary, - = . aM 2 391 Office in municipal buildings, - 2a - - - 257 Shall collect assessment for shelling, &c., streets, - 346 General duties, - - - - “ 381, 382 Liability, - - - - oc dit! Maite “ 381 Duty when taxes are not paid, may sell, - - 382, 385, 384 Shall give certificate of sale, . - « 383 On failure of purchaser to pay may sell again, - - 384 His duty as to property not assessed, - - - 385 Shall give notice to give in sales of merchandise, - - 386 Fee for sale of real estate for taxes, - ° = 382 ORDINANCES. 269 TAX COLLECTOR.—Continued. SECTION May retain per ct. of any money in his hands, in certain cases, 382 Shall collect tax on dogs, - - - - - 283 TEN-PIN ALLEYS. Licensed, (See Ciry CHARTER, page 25.) Forbidden on Sunday, . - - - - 302 THEATRE AND THEATRICAL EXHIBITIONS. Shall be licensed, - - - - - - 308 Regulations for, ~ - : - - 310, 311 THROWING TRASH. In street, drain, &c., forbidden, - - - - 336 TIMBER. ; Not to remain in docks, - - - . - 415 Not to be placed where it is dangerous, - - - 96 How inspected, - - - ~ - - 144, 145 Not to be placed in public square, - - - - 265 How placed in streets when building, - ~ - 335 And not otherwise, . - - - - > 336 Not to be hauled so as to touch or injure street, - - 337 “« “deposited on side-walk, - - - - 338 TIPPLING HOUSE. Persons loitering about, how dealt with, - > » 293 TOMB-STONE. Protected, - - - - - - - 47, 49 Not to be injured, - - > - - 292 TRADE. License for, ay a - - - - 388, 394 TRASH. Shall not remain on premises, - - - - 106 Not remain in docks, - - - - - - 415 ** to be thrown in street, drain, or gutter, &c., - - 336 To be placed before premises on Tuesday, Thursday and Saturday, - - - - - - 111 TRANSFER. Or sale of any cart, dray, or wagon to be recorded by clerk, 52 So too as to market stalls, - - - - < 184 TREASURER. ' Elected, bond, salary, - - - - - 395 Shall keep office in municipal buildings, - - ~ 396 His duties, - - - - - - - 396 Shall open cemetery account, - - - - - 46 ‘* make monthly report of cemetery fund, - - 46 Duty of, as to renting market stalls, - - - - 180 Ss “ secret fund, - - - - - 237 Shall notify city printer of all called and special meetings of common council, - - - - - -'* 391 Shall notify mayor of failure of city printer to have reporter present, : - - - - - 391 Shall receive money for licenses for public vehicles, - - 950, 58 7 4 s “« _* retailing spirituous liquors, 138 270 INDEX 'TO TREES. ' How planted in graveyards, - Horses not to be tied to in graveyards, In public squares not to be injuted, In streets, &c., ‘* §& i How planted in streets, - Shall be trimmed, how, - - TURPENTINE, SPIRITS OF. How and where stored, - Merchant may keep five barrels in store for sale, TUMULT. Duty of mayor in case of, - ‘¢ chief of police, - - Alarm bell for, how struck, —- - UNLAWFUL ASSEMBLY. To be dispersed by citizen’s patrol, Duty of councilmen as to, - ‘¢ aldermen as to, - ~ VACANCIES. Hew filled, - - - Chief Engineer of fire department, Assistants, Le Lt Committee of master mechanics, - VACANT LOTS. Shall be fenced, - - Shall be cleared off and cleansed when city authorities direct, - - - VAGRANTS. To prevent and punish, : Shall be sent to work house, or house of correction May give bond before expiration of sentence, and be dis- charged, - - - VAULTS. See Buryina GrounDs, - VEGETABLES. Peddling of prohibited, except, - What part of market shall be sold in, Fees for vacant or public stalls in market, Not to be thrown in dock, ~ VEHICLES. Shall be numbered, - f licensed, - - Drivers of shall stand, - - Fare of when licensed, - Shall take loads when offered, - Not to be engaged in racing, - Shall have copy of ordinance, in every one, ‘« not stand before dwelling house, or store, Drivers shall not be guilty of disorderly conduct, Fee of license to clerk, . SECTION 44 45 266 336 337 397 25 250 2, 204 216 229 to oS & 210 215 215, 32 78 79 167 177, 178 177, 178 293 417 417 47-49 103, 193 183 188 415 61 58° 63 59 60 64 65 63 63 69 ORDINANCES. 271 VEHICLES.— Continued. SECTION Not to obstruct market premises, - - - - 186 Meeting, shall keep to the right, - - + - 290 VENIRE FOR JURY. Summoned and returned by police, - - - 329 VERANDAS. How erected over sidewalk, - - - “ ~ 354 VESSELS. May be removed, - ° - - - . 9,121 Includes ‘‘ steamboats,”’ ‘* barges,’’ and all water craft. ~t27, 119 If nuisance, how diposed of, . : - - 412 Containing powder not to lay at wharf, - - - 246 How powder shall be landed from, - - - 247 Sunday ordinance does not apply to, - - : ° 307 Fire wardens shall examine, - > - . 121 May be detained at quarantine, when from infected port, —- 115 Quarantine not to apply to New Orleans steamers, > 118 Shall not take on or discharge cargo without permit, - - 120 Muyor may require removal of, to quarantine station, - 121 VINOUS LIQUORS. Sale of, licensed, - - - - - - 138 Not to be adulterated, - - - - - 138 Hs sold on Sunday, - - - - - 300 Persons loitering about where sold, how dealt with, > 293 How inspected, > - - - - - 151 VOLUNTEER REGIMENT. Armory for, - - - - - - 201 204 VOTE. . Who qualified to, for engineers, &c., of fire department, - 80 For fire wardens, - - - - - - 89 WALL. Not to remain standing, if dangerous, - - - 304 Engineer shall report, - - - - - 364 WAGONS, DRAYS, &c. Shall be licensed, give bond, and fees fixed, - - + 5450.55 Sales and transfer of license, to be reported, - - a2 Owner shall number, - . . « - - 51 Exceptions to licensed vehicles, - - - - 50 Driver of, shall keep on right side of road, - - - 56 Shall have good reins or lines, - ° - - o7 Not to be driven fast, - - - > - - 57 Fees for license toclerk, - - - - - 69 Not to be used on Sunday, except in case of necessity, - 304 Keeper of powder magazine shall have a wagon, - - 243 Sunday ordinance does not apply to milk carts, - - 307 Not to obstruct side walk, - - - - 336 WARDENS, FIRE. One for each ward elected, duties, &c., - . - 89 May elect president and secretary, - - - 89 Shall examine buildings, - - - - - 9 272 INDEX TO WARRANTS. SECTION ‘Form of, - - - - - Law Reth Fi 16 Powers and duties of police as to, - - ae ee e20, 221 WASHINGTON PARK. Established, (see Pustic Parks, 263 to 270,) > - 264 WATER-CRAFT. Included in “‘ vessels,”’ - - - . - 27 WATER-FRONT. Where streets terminate, bulkheads shall be made, how, - 413, 414: No building, shed, or inclosure erected on, - - - 337 Width of Front street shall be 70 feet, = - - . 338 Established and limited, - - - - - 413 WATER. Standing, how drained, &c., - - - - 328 WATER-WORKS. No person shall injure, - - - - - 397 Nor injure reservoir, - - : - - 398 “« use water of, unless permitted to do so, - - - 399 “ sell water, = - - . - “rut | 400 ‘¢ waste, - - - - - - 401, 402 Workmen on, to be under direction of lessee, - . 403 Penalties, - - - - - - 403, 404 How taxed, - - - - - - 370 How pipes shall be laid in streets, = - . - 333 Shall furnish pure and wholesome water, - - - 405 This ordinance to apply to new water-works, - - . 406 WATCHMEN. Appointed by mayor, (Poticr,) - - . - 215 Captain of, duties, aa tO ee se . - - 218 Lieutenant of, “ - - . - - - 219 Duties of, or police, - - - - - 220 225 How punished, when guilty of improper conduct, - - 222 Duty of all persons to assist, when called on, - - - 224 No person shall interfere with, or resist, - - - 223 No person shall falsely represent, - “ - - 225 Duty of alarm sentinels on bell tower, - - - 235, 234 Shall have office in municipal buildings, - - - 261 WEIGHTS AND MEASURES. Inspector shall be elected, = - - - - - 157 Bond and fees, - - - - - - - 157 Duties of Inspector, - - - - - 158 Not to be used unless inspected, - . - - 158 Use of spring balances prohibited, - - - 158 Standard of, according to laws of United States or this State, 159 Shall be inspected once every six months, - - 160 Xs False weights and measures to be forfeited, - - - 160 Duty of clerk of market as to, - - - - MaUAgE Shall be inspected, how, : ‘ : 158, 161 What to be used in market, = - - - 158 Spring balances shall not be used, - - - - 158 a oe — 273 ORDINANCES. WHARVES. SECTION Mayor and president of the two boards shall appoint com- mittee of, - - - - - - 407 Committee shall have control of wharves, - : “ 407 ¢ ‘¢ report to boards semi-annually, - - 407 it authorized to purchase wharves, - - sid 407 : may appoint clerks, - - - . 407 = shall inspect books of superintendent, - L 409 5 “audit accounts, - - . - 407 Superintendent shall be elected, - Rot - = 408 Bond, compensation and duties, - - - - 408, 409 ‘Docks near, shall be kept clear of obstructions and filth, - 411 Vessels and water-craft that cause nuisance, to ke removed, 412 Vessels containing powder, not to lay at, - - sy 246 How landed at, - . - 2 247 Limit of front, > - - ospth " B 413 How constructed, - - - - - s 414 No buildings constructed east of Water street, - = 413 No filth, &c., to be permitted in dock or slip, - =| 415 WHARVES, COMMITTEE OF. Shall be appointed by mayor and two presidents of the boards, 407 “« have control of, - - - - : 407 May purchase wharf property when directed, - - 407 Shall appoint clerks and assistants, : 407 ‘« audit accounts, - - - - - 4 407 *« inspect books of superintendent, - - - 409 WHARVES, SUPERINTENDENT OF. Elected, bond and salary, : apis - = . 408 His duties, - % a = - 408, 409, 410 WINDOWS. Blinds of not to be injured, - - - : 299 WOODEN BUILDINGS. Not to be erected in fire limits, = - - - - 94 WOOD, FIRE. Shall be inspected, how, - - - es 146, 147 Not to be placed in dangerous location, - - : 96 All short and unsound forfeited to hospital, -— - S 147 Carts and drays to be marked, and not to carry, with one horse, more than one-third of a cord at a load, - 148 Sellers shall set up posts to measure, - - - = 149 Inspector of, shall have office, keep account, and report, - 150 Fees for, - - - - a ; 2 150 Shall mark each parcel of, - - - ~ = 150 ‘¢ require owner to produce a license, . - - 150 WOOD. 5 Not to be deposited in public square, . - - 265 | af ‘é “« streets, - - - ‘ 336 WORK. On buildings, how inspected, - - - - 163, 170 - 168 Fees for, - - - . das : 274 INDEX TO ORDINANCES. WORK-HOUSE. , SECTION ' Offender failing to pay.fine, confined in, = - - - 7 Building occupied as city prison to be used as work-house until otherwise provided, - - - + - 416 Prisoners to be confined therein, - - - - 416, 418 Rules and regulations for the working of prisoners sentenced by the mayor’s court, - - : - - 418 WORSHIP. | Places of religious, not to be disturbed, - - - 296, 305 WRITING. Includes “ printing,” - - - - - - a7 YARD. Of house, shall be kept clean, - - - - 106 May be examined by board of health, uve - 104, 105 ef “1 “* fire wardens, - - - 95 Fire arms, or works, not to be discharged in, - - - 97 Filth, &c., from, to be placed in front of premises, ‘Tuesday, Thursday and Saturday, - . - - 111 Mayor may require to be cleansed and purified, - 112 Side-walk before, be swept every day, - : - 336 i required, how made, - - - 352, 353 YEAR. Municipal, what is, - - - - > 28 What is, for licenses, - - - - : ° 28 66 (73 taxes, - ‘ - - rs 372 ou if? oe 4 i ‘J 4 ear i | a shal hia Avs: ta Lue * ° el ALIA j , & a yi f rie a), ln a ye. > qs oe phy Vly 4s cal WN 0112 099018266