THE CODE OF 1907 OF THE CITY OF VICKSBURG, MISSISSIPPI, Including the City Charter, with various Amendments as now in force, all Civil Ordinances, Franchises and 3 Public Contracts of such General Importance as to warrant their insertion, together with the Criminal Ordinance of May 14th, 1907. PREPARED AND ANNOTATED BY H. C. McCABE and HARRIS DICKSON, Under the Provisions of Resolution of lULY 17th, 1905. PRINTED BY AUTHORITY OF THE MAYOR AND ALDERMEN. Mississippi Printing Co. , vicKsBuna. mi9«. 1907 Digitized by the Internet Archive in 2016 https://archive.org/details/codeof1907ofcity00vick THE CODE OF 1907 OF THE CITY OF VICKSBURG, MISSISSIPPI, Including the City Charter, with various Amendments as now in force, all Civil Ordinances, Franchises and Public Contracts of such General Importance as to warrant their insertion, together with the Criminal Ordinance of May 14th, 1907. PREPARED AND ANNOTATED BY H. C. McCABE and FIARRIS DICKSON, Under the Provisions of Resolution of JULY 17th, 1905. PRINTED BY AUTHORITY OF THE MAYOR AND ALDERMEN. Mississippi Printing Co. VICKSBURG, MISS. 1907 -J u I o R N|" (oCa REMOTE STOHtAai BOOASiACKa Office To the Memory of HON. H. C. McCABE, Elected City Attorney by the Board of Mayor and Aldermen, June 10th, 1905, resigned July 30th, 1906. The upright citizen, the faithful advocate, the Christian gentleman who died May 20th, 1907, in the midst of his labors on this Code. . Vi r CITY GOVERNMENT Hon. B. W. Griffith, Mayor. Hon. P. M. Harding, President of the Board. Hon. J. B. Cowan, Hon. T. M. Caughlin I Aldermen-at-Large. Hon. D. J. Shlenker, \ Aldermen Hon. F. T. Barber, j 1st Ward. Hon. W. H. Miller, ) Aldermen Hon. Jerry Cronin, j 3d Ward Hon. P. H. Feld, \ Aldermen Hon. W. j. Hossley, / 2d Ward. Hon. a. j. Garvey, "i Aldermen Hon. P. M. Harding, / 4th Ward H. j. TROWBRIDGE, City Clerk. Geo. Anderson, (b) City Attorney. R. M. Kelly, City Assessor and Collector. Chas. O’Connor, City License Collector. Dr. G. Y. Hicks, City Physician. John Evans, Street Commissioner. HARRIS DICKSON, Judge City Court. Wm. Price, City Marshal. W. J. Fletcher, Deputy City Marshal. POLICE CAPTAINS I Joseph Schuler. A. A. Raley. (a) — Elected to fill vacancy caused by death of Hon. W. O. Worrell. (b) — Elected to fill vacancy caused by resignation of Hon. H. C. McCabe. PREFACE. The original resolntion authorizing the preparation of this Code was adopted July 17th, 1905, and Mr. H. C. AlcCabe, then City Attorney, selected for the work. By subsequent resolutions of the Board, Air. Harris Dick- son, Judge of the City Court, was directed to co-operate with Air. AlcCabe. Air. AlcCabe undertook to arrange the charter and civil ordinances, while Air. Dickson drafted the crimi- nal ordinance. This involved an amount of labor utterly unlooked for. On account of errors in the old ordinance books and records it was often found necessary to resort to original documents. The criminal ordinances, extending over a period of many years, were hopelessly entangled — passed, re- corded, and indexed without regard to system. Num- bers of these ordinances were obsolete, and dozens of them covered the same subjects as if adopted without knowledge of the existing city law. This mass of material was carefully copied, sifted and arranged. From the live ordinances an entirely new one was drafted which was intended to embrace everything of value. Where these ordinances were deficient, codes of other cities in like situation were consulted and many suggestions adopted therefrom. Various statutes of the State of Alississippi applicable to the City of Vicksburg were incorporated. This new criminal ordinance, so prepared, was sub- initted to the Mayor and Aldermen. With painstaking fidelity these gentlemen considered it section by section and word by word. They passed it nnanimonsly, first section by section, then as a whole. Pending the printing of the Code Mr. McCabe died. His allotment of the work was complicated and troublesome, requiring the utmost exactitude and care. Mr. Dickson then undertook its completion. While no amount of labor has been spared, and ev- ery precaution taken to detect error, yet from the very nature of the work errors may develop. It is believed and hoped, however, that the compilation is accurate. HARRIS DICKSON. Vicksburg, Miss., July 22, 1907. -i - • ’/ ’ y • L. GENERAL INDEX. The City Charter Having Full Marginal Notes no De- tailed Index is Prepared. PAGE City charter pages 17 to 50 Amendments; Street Commissioner 50 Fines in City Court 51 Memphis & Vicksburg II. II. Shops 51 Parks, Depot grounds, Public grounds; Railways and Street Railways; no exclu- sive franchise 53 Sprinkling streets 53 Municipal Bonds 54 Municipal Bonds, amended 56 Election not to come under Municipal Chapter of Code 1906 58 Constitutional provisions applicable 59 Statutory provisions applicable 66 “ ‘‘ continued 72 Proceedings Board of Mayor and Aldermen 77 Sidewalk ordinance 77 Assessment ordinance 80 Registration ordinance 82 Pearl Street Switch 84 Mulberry and Pearl Street Switches 84 Memphis and Vicksburg R. R. ; Right of Way 86 the same, amended 89 Great Southern Telephone Co.; Right of Way 91 L. N. O. & T. R. R. Switch 93 Vicksburg & Meridian R. R. Switches 94 A. & V. Ry. to change track on Pearl St 96 PAGE Waterworks; Bullock Franchise 96 L. N. 0. & T. Switches 103 Street Railways, general 105 Street Railways, Percival Steele Franchise 107 Vicksburg Gas Co. Franchise Ill: Vicksburg Gas Co. Franchise Acceptance 117 Water Works Franchise; Adolph Rose et al 118 Electric Light and Power; II. K. Johnson Franchise 123 Sheds and galleries on Washington St 124 Telephone, telegraph and electric wires, general. . . 125 Gas, Water and Sewage mains and pipes 127 INDEX TO OFFENSES AND PENALTIES CREATED BY CIVIL ORDINANCES. PAGE Board of Mayor and Aldermen may fine for con- tempt 77 City Court may fine M. & V. R. R. for negligence. Sec. 8 88 City Court may fine V. & M. R. R. for negligence. Sec. 4 95 Violation of Street Railways ordinance. Sec. 3 106 Vehicles obstructing street cars. Sec. 7 110 City Court may fine Street R. R. Co. for negligence. Sec. 12 Ill Sheds and galleries on Washington St., Sec. 4 125 Telephone, telegraph and electric wires. Sec. 3 126 Gas, Water Works and Sewage pipes etc.. Sec. 4. . . . 128 Charter of the City of Vicksburg. Chapter I. AN ACT to amend the Charter of the City of Vicksburg, and to reduce into one Act tiie Act incorporating said City, and the amendments thereto. — (Laws 1884, p.p. 422-451.) Section 1. Be it enacted by the Legislature of Boundaries, the State of Mississippi, That the limits and boun- daries of the City of Vicksburg shall hereafter be as follows, to-wit: Commencing at a point in the center of the month of Glass Bayou, as defined on Searles’ map of said City, and running thence west to the middle of the former channel of the Missis- sippi river, thence south, down the middle of said channel to a point 500 yards southwest of the P'Line elevator, thence east to the center of the track of the Mississippi Valley and Ship Island Railroad, thence north along the center of said track fo the said city limits as established by the charter of said city, approved April 12, 1873, thence east along the south boundary line of said city, as laid down on Searles’ map, to the point where the said line intersects the bayou, in Section 31, near and just east of the Hall’s Ferry road, thence north- ward along said bayou to where the same is inter- sected by Bay street, thence along the south side of Bay street to the intersection of Court street, thence north along the east side of Court street to Elm street, thence eastward along the south side of Elm street to a point where said street inter- vSeots the west line of lot 8 in Section 21, being laid down on said Searles’ map as the Baum place, thence eastward in a straight line to the intersec- tion of Baldwin’s Ferry road with Lane’s road, as laid down on said map, thence eastward along the south side of said Baldwin’s Ferrv^ road to the intersection of Howard street extended," thence north 2-City 17 18 First Ward Second Ward Third Ward Fourth Ward Inhabitants a body politic Name Who qualified Voters along the east side of Howard street extended to the intersection of Main street, thence west along the north side of Main street to the intersection of Third North street, thence north along the east side of Third North street to a point where the eastern line of said street prolonged will connect with the east line of Ash street, thence along the east side of Ash street extended to Catherine street, thence west along the north side of Catherine street to the center of Glass bayou, and thence down or west- ward along the center of said bayou to the place of beginning; and said city is divided into four wards, as follows: The First Ward shall embrace all the terri- tory of said city west of Cherry street and north of Clay street. The Second Ward shall embrace all the terri- tor}^ of said city east of Cherry street and north of Clay street, and Clay street prolonged fo the east limits. The Third Ward shall embrace all the terri- tory of said city south of Clay street and west of Walnut street, and Walnut street prolonged to the south limits. The Fourth Ward shall embrace all the terri- tory of said city south of Clay street and Clay street prolonged to the east limit and east of Walnut street and Walnut street prolonged to the south limits. Sec. 2. Be it further enacted. That the inhabi- tants of said city are hereby constituted a body politic and corporate, with perpetual succession by the name and style of “The Mayor and Aider- men of the City of Vicksburg,” and as such and by that name shall be capable of contracting and being contracted with, suing and being sued, plead- ing and being impleaded in all courts and places, and in all matters, and may acquire, by purchase or otherwise, for corporate purposes, personal, real or mixed property, and may have and use a com- mon seal and change and renew the same at pleasure. Sec. 3 . Be it further enacted. That the quali- fied voters who have resided in the city one month 19 prior to any election, shall be entitled to vote in the Wards in which they may have each respect- fnlly resided for fifteen days before the time of election. All elections shall be by ballot. Section 3664 Code of 1892, providing bow ballots shall be marked, applies to municipal elections. Kelly vs. Kiers- ky, 79 Miss., 168. Tbe use of two crosses (XX) instead of one, to desig- nate tbe name of tbe person voted for, does not invalidate tbe ballot, lb. 168. Tbe ballot upon wbicb tbe voter’s choice is sought to be indicated by a straight mark opposite tbe name, or by erasing tbe name, is void. Ib. 168. Voters at municipal elections must vote in tbe wards in •which they reside. Kiersky vs. Kelly, 81 Miss., 2. Section 3028, Code of 1892, insofar as it requires an elector to reside in municipality one year before being en- titled to register and vote, is unconstitutional. Ib. 2. Sec. -I. (As amended, Laws of 1904, page 168.) That a general election to fill all mnnicipal offices made elective by the people, shall be held on the first Tuesday in December, 1904, and every four years thereafter on that day between the hours and in the manner prescribed by law for state elections. The newly elected officers shall qualify and enter upon the duties of their respective offices on the second Tuesday in January succeeding their election, and to continue in the discharge thereof until their successors are elected and qualified. The present officers of said city shall hold their offices until the second Tuesday in Januaiy, 1905, and until their successors are elected and qualified. At said election, in addition to the two aldermen which are provided for by law from each ward, there shall be two aldermen elected for the city at large by the qualified electors of said city, making the num- ber of aldermen of said city ten instead of eight as now provided for by law. Sec. 5. Be it further enacted. That preceding each municipal election the Board of Ma^mr and Aldermen shall provide suitable and convenient voting places, ballot boxes and means for holding the election in each ward, and the Mayor shall give notice of such election by publication in some newspaper published in said city twenty da}"S prior to the time of holding the same. And the" Mayor shall nominate to the Board of Aldermen, for their confirmation, six persons in each ward where Time for bold- i n g general elections. Board to pro- vide for bold- ing elections. Mayor to notice Oath Manner of count votes. Certificate Judges. 20 • give the election to be held, being qualified voters of the ward, and not candidates for any of the offices to be voted tor at the election three of whom shall be named as judges of the election to be held in the ward of their appointment, and the other three as alternates to fill any vacancy that may occur in the Board of Judges; one of said Judges shall act as clerk of the election. [The judges are now appointed by the Commissioners of election.] Before entering on the discha rge ot their duties the said Judges shall take and subscribe to an oath in writing before the Mayor, City Clerk or some Justice of the Peace, to faithfully discharge their duties as Judges of Election and make true returns thereof to the Board of Mayor and Aldermen, which oath shall be filed by the City Clerk to be retained by him as a part of the records of the corporation. The Judges shall enter upon the count of the votes cast at their respective places for voting the same evening the polls are closed, and complete said counting at an hour not later than 12 o’clock noon, of the day succeeding the election; and as soon as the count is completed the judges shall recapitu- late the result of the votes for each candidate, and endorse the same with the following certificate: ‘AYe, the undersigned Judges of the election of held in the Ward, on the day of 19 . . , do hereby certify that the accompanying state- ment shows correctly the result of said election in said ward.” Said certified recapitulation attached to the tally sheet upon which the account is kept, shall be deposited in the ballot box, which, properly sealed down, shall be delivered by the Judges to the City Clerk, and be retained by him so sealed until he shall open them in the presence of the Board of Mayor and Aldermen, which Board shall assem- ble not later than the third day after the election is held, and, by order to spread upon their min- utes, declare upon the return of the Judges the candidates receiving the highest number of votes for the respective offices, and thereupon the Mayor shall issue to the officers elected, upon their demand, certificates of their election, and the officers holding said certificates shall be entitled to assume, at the proper time, the offices mentioned in their respec- tive certificates. 21 (Amended by Act of the Legislature, Laws 1886, page 694.) But if uny objection is made to, or if said Board shall not be satisfied with, the counts and returns of the eludges, the Board may direct a recount of the votes in any one or more of the boxes in their presence by the City Clerk or members of the Board, and take such other steps as shall secure a fair count and a proper determination of the election. (Amended further by Ordinance of May 7th, 1900, Ord. Bk. page 383) Section 2. At then- first regular meeting in September preceding any general election the Mayor and Aldermen shall appoint three election commissioners, one of whom shall be designated to have printed and distributed the official ballots and who shall perform :all the duties as near as practicable in respect to the muni- cipal elections prescribed by law to be performed by the county election commissioners where not otherwise provided, and whose compensation shall be the same as is provided by Section 3704, Chapter 113 of the Annotated Code of 1892. Section 3. All returns of municipal elections shall be made to the ^Ia}w and Aldermen, and all the provisions of law on the subject of state and county elections, so far as applicable, shall govern municipal elections. Sec. 6. Be it further enacted. That the Board of Mayor and Aldermen shall be the exclusive judges of the qualification and election of the Aider- men, and if at any election for general city of- ficers there shall occur a failure to hold the election in any one ward (of which the Board of Mayor and Aldermen shall be the sole judges) the result of such election as to such general officers shall not be affected thereby; but upon such a failure in two or more wards the Board of Mayor and Aldermen shall direct a new election to be held within a period not later than thirty days for gen- eral city officers, and also for Aldermen of said wards in which such failures occurred. Said Board shall also direct the holding of special elec- tions to fill vacancies that may occur in the elec- tive offices of the city, in the manner provided for holding the regular elections. Sec. 7. (As amended by Ordinance of May 7th, 1900, Ord. Bk., page 383). Be it further enacted that the corporate officers of the city shall Exclusive judges to de- termine qual- ification and election Failure to elect. Provide for fill- ing vacancies 22 Who are cor- porate offi- cers Officers chosen by Board President pro- tein Special Presi- dent protem Tenure of office consist of two Aldermen from each ward, and two from city at large, (Laws 1904, p. 168) one Mayor, one Assessor and Collector of Taxes, one City Clerk, one City Marshal, one Wharf & Harbor Master, one Market Master, one City Attorney, one City^ Physician, one City Sexton, one Street Com- missioner, one Chief of the Fire Department, one Deputy City Marshal, whose salary shall not exceed $75.00 per month, (Amended by Ordinance of April 3rd, 1906, page 493, so as to read $100.00.) The Mayor, Aldermen, Assessor and Collector and IVharf and Harbor Master shall be elected by the qualified voters of the city. The City Clerk, City Marshal, Market Master, City Physician and City Sexton, City Attornejq and Street Commissioner, Chief of the Fire Department, and Deputy City Marshal shall be elected by ballot by the Mayor and Aldermen, and shall hold their offices for four years unless removed; the Mayor, Aldermen, Assessor and Collector, and Wharf and Harbor Master shall hold their offices for four years and until their successors are elected and qualified. At their meeting on the second Tuesday in January succeeding the general election, or as soon thereaf- ter as practicable, the Mayor and Aldermen shall choose by ballot incumbents for the offices hereby made elective by them, and they shall then also elect by ballot one of the Aldermen to be President of the Board of Aldermen, who shall in the absence of the Mayor, or of inability on his part to discharge the duties of his office, discharge all the duties of the office of Mayor, for and during the time of such absence or inability, for which time and service he shall be allowed by the Board the same salary pro rata, received by the Mayor, the same to be deduct- ed from the salary of the latter. And when the Mayor and President of the Board shall both be ab- sent from any regular or special meeting, a special President “pro tern” shall be elected by the mem- bers present, Avho shall preside at such meeting, and shall be naid as ihc President of the Bo^ird. The present city ofiicers shall continue in office until said second Tuesday in January 1905, and until their successors rvre elected and qualified. (Amended by Section 5 of the ordinance of May 7tli, 1900, Ord. Bk., page 383, as follows :) In addition to the corporate officers mentioned in 23 Section 7 of said charter a Street Commissioner shall be chosen by the Ma 3 ’or and Aldermen at the same time and in the same manner as is prescribed therein for the election of the City Clerk, City Mar- shal, Market Master, City Ph^^sician and .City Sex- ton, and whose term of office shall be four years. The Street Commissioner shall under the direction of the Ma^mr and Aldermen have general control of the streets, alleys, avenues and si dewalks; he shal 1 see that they are always in proper rej^air ; he shall see that the same are worked, repaired, altered, paved, lighted, sprinkled, and everything else done that ought to be done to keep the same in good repair and condition, and shall perform all other duties that may be required of him by ordinance, and shall receive such salary for his services as may be prescribed b}^ the Ma^mr and Aldermen, not to exceed $125.00 per month. Sec. 8. Be it further enacted. That all city officers, at the date of their election or appointment, shall be legal voters of the city, and shall have resided therein at least two years next preceding their election or appointment, and the Aldermen shall reside in the respective wards from which they are chosen ; change of residence from 'the ward he ma}^ have been chosen to represent, shall, ipso facto, make vacant the office of any Alderman. Sec. 9. Be it further enacted. That every city officer, before entering upon the duties of his office, shall take and subscribe the following oath, in writing, before the Mayor, or City Clerk, or before the Circuit or Chancery Clerk of Warren County: “I, , do solemnly swear that I will, to the best of my ability, faithfully and impartially dis- charge the duties of the office of , and while filling the same, will not become individually interested, either directly or indirectly, in the profit or proceeds of any contract to which the City of Vicksburg is a party.” And the city officers shall give bond with good surety or sureties, who shall be freeholders in said city, or county of Warren, to be approved by the Board of Mayor and Al- dermen, in the following penalties respectively: The Mayor $25,000 ; President of the Board, $5,000 ; each Alderman $1,000; Assessor and Collector $25,- 000; City Clerk, $3,000; City Marshal, $5,000; Wharf and Harbor Master, $5,000; Market Master, Street Commis- sioner Qualification for office Oath of office Bonds of City officers. 24 Conditions of Bond Duties of Mayor When he shall vote. $1,000; City Physician, $3,000; and the Mayor as ex-officio Treasurer shall give like bond in such penalty as may be fixed from time to time by the Board of Mayor and Aldermen. Said bonds shall each be made jmyable to “The Mayor and Aldermen of the City of Vicksburg,” and be conditioned for the faithful discharge of the duties of the office as prescribed by law, and the prompt payment, dis- bursement and accounting for, as required by law, of all money received by him officially, and the de- livery to his successor in office of all city property that may have come to his hands or control by virtue of his office. Said bonds when approved, together with the aforesaid oath, shall be filed in the office of the City Clerk, and be by him record- ed in the proper book. Any official bond may be put in suit in the name of the corporation, and recovery had to the use of the person aggrieved by a breach thereof, without any costs to the city. If any officer fail to give bond within thirty days after his election, his office shall be deemed vacant. Sec. 10. Be it further enacted. That the May- or shall preside at the meetings of the Aldermen and shall be the chief executive officer of the cor- poration, and ex-officio Treasurer of the city; he shall see that the laws and ordinances of the city are strictly enforced, shall inspect the conduct of all subordinate officers of the corporation and see that their duties are performed, and shall report in writing to the Board any neglect of duty on the part of such officers, and give such information and recommend such measures as he may deem beneficial to the health, security and good government of the city. He shall have a vote with the Aldermen in the election by the Board of city officers, but in no other instance, except when there is a tie vote of the Aldermen, and he shall then have the casting vote. He shall have the power to veto any ordi- nance adopted by the Aldermen, and the same shall not become a law unless upon the question of its adoption over the veto it shall receive six votes of the Aldermen in its favor. Each ordinance shalJ be submitted by the City Clerk to the Mayor for his approval or disapproval, on the day following its adoption by the Aldermen, and the Mayor, if he shall approve the same, shall sign it approved by him, and the ordinance shall become a law. as it may provide. If he disapprove the ordinance he 25 shall, Nvithin three days after the Clerk shall have delivered it to him, return the same to the Clerk, with his disapproval and reasons therefor, in writ- ing, addressed to the Board of Mayor and Aider- men. If the Mayor shall fail to return the ordi- nance to the Clerk within the time laforesaid, with his action thereon, in writing, the ordinance shall become a law according to its provisions, without the action of the Mayor. The Clerk shall endorse on each ordinance the date of delivery to the iNIatmr, and also the time of its return to him by the Mayor, and shall lay before the Board of Mayor and Al- dermen at their next meeting any vetoed ordinance, with the accompanying communication from the Mayor. For his services the Mayor shall receive a salaiy of not more than $1,500 nor less than $1,200, payable monthly by order of the Board of Mayor and Aldermen. Sec. 10a. (Ordinance of January 17, 1905, providing for a Police Justice.) Section 1. That the office of Police Justice, as anentioned and provided for in Section 3001 of the Annotated Code of Mississippi, 1892, is hereby creat- ed for the City of Vicksburg in the State of Mis- sissippi, said City having more than four thousand inhabitants. Section 2. That the Mayor and Aldermen of the City of Vicksburg may elect at the time pro- vided for the election of other officers by them, or as soon thereafter as practicable, a Police Jus- tice; but the first election under this amendment may be had at any time within thirty days next after the approval of this amendment by the Gov- ernor and its record in the office of the Secretary of State. The salary of the Police Justice shall be fixed by fhe Mayor and Aldermen and ])aid out of the City Treasury. He shall take the same oath of office that the other corporate officers of the City are required to take, and shall give bond in the sum of Two Thousand Dollars, with two good sureties, to be approved by the Mayor and Aider- men, conditioned according to law and the City Charter of the City of Vicksburg. Section 3. That the Police Justice shall be ex- officio a Justice of the Peace in and for said City of Vicksburg. He shall jx)ssess all the qualifica- tions of other Justices of the Peace, and shall have the same jurisdiction, and shall also take the Veto power Salary Police Justice Elected 26 Keep Docket Hold Court Convicts to work on streets oath of office, and execute the bond required of them by the laws of the State. He shall have jurisdic- tion, in addition to that possessed by other Jus- tices of the Peace, and it shall be his duty to hear and determine all violations of the Ordinances of the municipality, and to punish offenders there- for, but the punishment for violations of the Ordi- nances of the City of Vicksburg shall never ex- ceed a fine of $100.00 and imprisonment not ex- ceeding one month, and the cost of prosecution; and imprisonment until the cost and fine be paid, and if the cost and fine be not promptly paid the convict may be required to work out the same on the streets or other public works. Section 4. The Police Justice shall keep a reg- ular docket, on which he shall enter the causes arising under the ordinances of the City of Vicks- burg and to be tried by him, and he shall keep a proper record of all causes tried. He may hold his court at any time. The Marshal shall attend his court and serve its processes, execute its orders, and act as its chief executive officer. As ex-officio Justice of the Peace, the Police Justice shall keep a separate docket, which docket shall be kept as the dockets of the other Justices of the Peace are required to be kept by law. Sec. 11. (x\s amended by ordinance Ord. Bk., p. 473.) That the Police Justice shall hold a court daily, except Sundays, at the City Hall, or other covenient locality, to be designated by the Board of Mayor and Aldermen, which shall be consid- ered in constant session for hearing and determ- ining all causes arising under the ordinances of the City of Vicksburg. All fines and forfeitures imposed by him for violations of the ordinances of the City of Vicksburg shall be paid into the Treasury of said City. (Act March 8,1884.) If any person shall be convicted and fined for the violation of any ordinance of the City of Vicks- burg, and shall not immediately pay the fine, such ])erson shall forthwith be committed to the custo- dy of the City Marshal for confinement in the City AVorkhouse, or for labor upon the streets or other public wmrks of Said City, or both; and until otherwise provided by ordinance of said City, all persons so committed shall be entitled to have the fine so imposed liquidated by such labor at the rate of fifty cents per day for each day's labor actually performed by him, and may at any time be discharged upon the jDayment of so much of said fine as shall be due after deducting the labor or credits to -which he may be entitled. If any person being in such custody shall escape or attempt to escape he shall, upon conviction therefor in said Court, be fined double the amount then due by his former fine, to be worked out in like manner. The Mayor and Aldermen of the City of Vicksburg shall be and are hereby authorized and empowered to hire out persons convicted of violating the ordi nan- ces of said Cit}^ in the same manner as Boards of Supervisors are authorized to do with regard to convicts in the County Jail for the payment of their imprisonment, provided they shall not be taken out of the County. The Police Justice while engaged in hearing and determining causes pend- ing before him for violations of the ordinances of said City, shall have the power to fine and im- prison any person for contempt of his authority, but the fine shall not exceed thirty-five dollars, nor the imprisonment twenty-four hours for each offense. If the Police Justice shall be absent, or unable to preside, the Mayor shall act in his place ; and when the Police Justice and Mayor shall both be absent, or unable to preside, the President of the Board of Mayor and Aldermen shall act in his place ; and when all of said parties shall be absent, or unable to preside, the Board of Mayor and Al- dermen shall immediately convene and elect one of its members present to preside, and whatever person may be acting in place of Police Justice shall for the time have and possess all the powers and au- thority vested in the Police Justice. The City Clerk shall be the Clerk of the Police Justice, and shall attend whenever his Court is in session, either in person or by assistant, and shall keep the dockets and minutes thereof relating to violations of the City ordinances, and shall have the custody and care of the records of his Court. The City ^larshal or his Deputy shall also attend sessions of the Court held by the Police Justice, and shall keep order and execute its orders and judgments. The Police Justice, the City Clerk, Assistant City Clerk, City Marshal and Deputy City Marshal are authorized to administer oaths, and all process from the Court presided over by the Police Justice shall be signed Who preside in absence of Police J u s- tice Duties of City Clerk Appeals, how taken City Clerk to attend meet- ing of the Board Salary Appropriation Book Contract Book and issued by 'the Police J iistice or the City Clerk, or Assistant Clerk, and may run into any County in the State, under the same penalties which are now, or which may be prescribed by law with regard to the writs of process of Circuit Courts. (Note 1. For power to hire out prisoners. See Code 1892, Section 813.) Sec. 12. (As amended by ordinance O.B..p. 474) That all appeals from the Police Justice shnll be taken direct to the next term of the Criminal Court of Warren County, Mississij^pi, instead of to the Board of Mayor and Aldermen, as now provided by the City Charter, and the appellant shall give bond to be fixed by the Police Justice before whom he is tried, in a sum not less than One Hundred Dollars, conditioned according to law, provided such appeal be taken within five days from the date of conviction. Sec. 13. Be it further enacted. That the City Clerk shall attend all the meetings of the Board of Mayor and Aldermen and keep full and correct minutes of their proceedings in a well-bound l)ook ; he shall be the custodian of the city seal and all files and records pertaining to the affairs of the Board, and shall keep a full set of double-entry books, and render to the Board of Mayor and Al- dermen a trial balance of the same at the first regular meeting in each month. For his services he shall receive a salary of not less than $900 and not more than $1,200 per annum, payable monthly on the order of the Board. (Amended so as to read not less than $1,200, nor more than $1,800. Ord. B. p. 385.) Sec. 14. Be it further enacted. That when any claim or account against the city shall be allow- ed by the Board of Mayor and Aldermen, the City Clerk shall enter in a book to be styled the ‘‘Ap- i:)ropriation Book,” the name of the person to whom the same shall be payable, with the date of the claim, amount, and date of the allowance. And when any contract shall be made by the city with any person for work to be done, material furnished, or services rendered the city (other than the usual services prescribed by law for city officials), the City Clerk shall enter in a book to be styled the ‘‘Contract Book,” the names of the contractor, date of the contract, a synopsis or the nature of the con- 29 tract, the amount to be paid, the name of the sure- ty on the contractor's bond, if any was required, and the penalty thereof. The City Clerk shall enter in a book to be styled the ‘‘Bond Book” the bonds given by all city officials. Sec. 15. Be it further enacted, That all books, bonds, papers and records on file, or held in any department of the city government shall be open for the inspection, examination and the procure- ment of copies by any citizen of the city; and any officer in charge refusing or obstructing the same shall be subject to removal from office therefor; but this section shall not be construed to warrant a dispossession of an officer in charge of such record book, etc., or an interference with the discharge of his official duties relating thereto. Sec. 16. Be it further enacted. That the City Clerk shall keep a well-bound book, in which shall be printed or lithographed suitable warrants, in such form as the Board of Mayor and Aldermen may direct, with a duplicate margin to the same, to be by him numbered in regular order; and for every allowance against said city he shall issue a warrant on the Treasurer of said city in favor of the person entitled to the same, showing on its face the date of the allowance of the account or claim for which the same is issued, and shall deliver the same to the proper person, who shall receipt on the mar- gin for the same keeping a marginal duplicate thereof in said warrant book. All warrants shall be signed by the City Clerk and bear the seal of the city; and said warrants shall be presented to the Treasurer of the city; who shall, if satisfied that they are correct, write across the face thereof “ap- proved” and shall sign his name thereunder as Treasurer, and shall pay the same by his check on the bank of deposit of the city, if there are funds of the city then on deposit in said bank; and any failure by said bank to pay such checks, when in funds of said city, or any preference of any checks, by any device or subterfuge, shall be a breach of the condition of the bond of said bank, and shall en- title the holder of any warrant so refused payment or postponed to an action on said bond. Sec. it. Be it further enacted, That the City ^Marshal shall be the Chief of the police force of the city, and as such have regulation and control of Books to be open for in- spection Warrant Book City Marshal, his powers and duties 30 Police force Salary of Mar- shal WiiarfandHar- bor Master Registration of Voters. City Sexton, his duties the same, subject to the authority and direction of the Board of Mayor and Aldermen. The Board shall appoint such a number of competent persons as they may fix upon to constitute the police force, who shall receive a compensation of not more than $60 per month each, to be allowed monthly by the Board. The City Marshal may remove any member of the force for inefficiency or disobedience of his orders, and any member may be removed by reso- lution of the Board at any time. The City Marshal shall see that the orders and judgments of the city court are executed, and turn over to the City Treas- urer at the expiration of each month all collections of fines imposed, with a statement of the names of the persons upon whom the fines have been imposed during the month, the date of the judgment, and the amount of fine imposed and the amount collected; and he shall execute all lawful orders of the Board of Mayor and Aldermen. He may detail from the police force one person who shall act as his deputy, and the Marshal and police force shall be conserva- tors of the peace within the city limits, and shall make arrests for all violations of ordinances and laws. The City Marshal shall receive a salary of not exceeding $125, and not less than $75 per month, to be paid on the allowance of the Board. Sec. 18. Be it further enacted. That the Mdiarf and Harbor Master shall faithfully and promjDtly collect, and pay over to the City Treasurer at the expiration of each month, all wharfage and landing dues which may accrue to the city. He shall keep at some convenient locality a book to be known as “The City Landing Register,” on which he shall enter the name of every steamboat, flat-boat, or other water craft, landing at the city wharf, the date of its arrival and departure, and the amount of tax collected, and the names of the owners of all said water-crafts except steamboats, which book shall always be open to inspection. He shall re- ceive a commission of ten per cent, upon his col- lections, to be allowed by the Board of Mayor and Aldermen. Sec. 19. Be it further enacted. That the Board shall provide by ordinance for the regis- tration of voters. Sec. 20. Be it further enacted. That the City Sexton shall have the supervision and control of the 31 city cemetery under the directions and orders of the Board of Mayor and Aldermen. He shall bury all paupers at the expense of the city at such times and |:)laces as the Board may fix, and shall see that lall city ordinances for the regulation and preserva- tion of the city cemetery are carried into effect. He shal.l receive no salary from the city. Sec. 21. Be it further enacted, That the City ^larket Master shall, under the direction of the Board of Mayor and Aldermen, have the supervision and regulation of the City Market-house, with au- thority to maintain order and quiet during market hours by arresting all disorderly persons. He shall collect all market dues to the city, and pay the same over to the City Treasurer at the expiration of each month. He shall keep the public market house in a clean and orderly condition, and shall receive a salary of not more than $-10 i:»er month, to be allowed by the Board. Sec. 22. Be it further enacted. That the City Physician, who shall be a regular graduate of a medical college, shall be the Health Officer of the city, and shall be the physician of the work-house and city hospital, and shall perform all duties which may be required of him, by the Mayor and Aider- men, for the preservation of the health of the city, and to secure its proper sanitary condition. He shall receive a salary to be fixed by the Board of IMayor and Aldermen, not to exceed seventy-five dollars per month, to be allowed monthly by the Board. Sec. 23. Be it further enacted. That there shall be two regular meetings of the Board of Mayor and Aldermen in each month, to be held on the first and third Mondays of the month. Five Aldermen shall constitute a quorum for business. The Mayor or any five of the Aldermen may call a special meeting of the Board, at any time, and any regular or special meeting may be adjourned from time to time by the Board. The ^layor shall appoint all regular or special committeas of the Board; but no committee shall be vested with plenary power over any subject that may be sub- mitted to it, but all matter so referred shall be re- i:)orted back to the Board for confirmation or final action. The Aldermen to be elected hereafter shall receive five dollars for each regular meeting actually Market Master, his duties City Physician , his duties Regular meet- ings of Board and quorum Special meet- ings 32 Pay of aider- men Duty of city of- ficers Removal of officers Contracts over $500.00, how ^made Indemnity Bonds of con- tracts attended, Avlien present at roll call and shall be ex- empt from all jury service during their terms of office. Sec. 24. Be it further enacted, That every city officer shall make a monthly report to the Board of Mayor and Aldermen of all money that may have come to his hands by Aurtue of his office, Avithin the month reported for. They shall account to the Treasurer and Board for the specific money or city paper receiA^ed by them for city dues. The Board of Mayor and Aldermen may at any time remove from office any city officer appointed or elected by them, and fill the vacancy; and said Board may remoA^e from office any city officer, elect- ed by the qualified voters of the city, for incompe- tency or neglect to perform the duties of his office : Provided a resolution to that effect, specifying the cause of removal, be introduced at a meeting of the Board, and laid over for consideration at the next ensuing regular meeting, at AAdiich time the officer AAdiose removal is sought, shall be heard in his defense. A vote of six Aldermen shall be re- quired to remove an officer elected by the people. The duties of all officers, Avhether elected by the peo- jAle or by the Board,, not specified by this charter, may be prescribed by ordinance, not contrary to hlAV. Sec. 25. Be it further enacted, That the Board of Mayor and Aldermen shall not make any contract involving an expenditure of corporation funds, relating to Avork on public streets, or the erection, extension or repair of public buildings, Avhere the cost of the proposed AAmrk shall exceed five hundred dollars, or for materials to be furnished exceeding Tavo Hundred Dollars in value, except in the folloAving manner: Upon the direction of the Board the Mayor shall advertise for sealed proposals to do the contemplated Avork, for ten days in a neAvs- paper published in the city. At the first meeting of the Board after such publication the Mayor shall open and lay before the Board all proposals receiv- ed by him, and the Board shall accept the loAvest and best bid, or they may reject all bids made, and direct publication to be made for other proposals. No proposal shall be considered unless accompan- ied by the names of the surety or sureties proposed to be given by the bidder upon his bond for the 33 faithful execution of the contract if awarded to him; and in all (uises ot contracts under this pro- vision, bond and security in a sum sufficient to in- demnify the city shall be required of the contractor. Sec. 2G. Be it further enacted, That the pow- er of contracting so as to bind the corporation is hereby declared to be vested exclusively in the Board of Mayor and Aldermen, and any city officer who attempts to impose any liability u])on the cor- poration, by any act of his, without first obtaining the authority of said Board, shall be liable to re- moval from office in the manner provided by this charter, and the city shall not be liable for any such claim or demand. Sec. 2T. Be it further enacted. That the Board of Ma^mr and Aldermen may, at any regular or special meeting, order the payment out of the City Treasury, of any claim or demand against the city, authorized by them, and the consideration whereof was to the use of the corporation ; and the appropriation of i:>ublic funds shall not be made to any private use or advantage, as distinguished from the interest of the corporation, except by a vote of six Aldermen, and then in no sum exceeding five hundred dollars. Sec. 28. Be it further enacted. That the fol- lowing additional powers may be exercised by the Board of Mayor and Aldermen, by ordinances and resolutions adopted at any regular or special meet- ing: Article I. To adopt such regulations and en- force the same, as to prevent the introduction or spread of any contagious, epidemic or infectious disease, and if necessary to this end, to establish quarantine regulations, and enforce the same within ten miles of the city. Art. 2. To levy and collect for corporation purposes, a privilege tax uj^on every business, trade, calling, employment or occupation, which they may designate, and to fix the amount of such tax, at their discretion; and to issue licenses therefor, for such time not exceeding one year, as they may determine, and to establish regulations governing their con- duct, and enforce the same by proper penalties. Power to Con- tract exclus- ively ill Board Appropriation of funds Additional powers of Board of Mayor and Aldermen Quarantine Privilege taxes 3-City 34 Boats, cars, etc. Transient vendors Hacks, car- riages, etc. Shows and circuses Gambling Houses Vagrants Workhouse regulations Art. 3. To levy and collect for like purposes, a j^rivilege tax on lall trading cars, trading boats, flat-boats etc., with merchandise, produce, or other goods or wares for sale brought to the City. Art. 4. To levy and collect from transient vendors and traders an ad valorem tax of one per cent, on the amount of all sales made in the city, to be collected according arties for the confinement, safe-keej^ing and suste- nance of the City imisoners in the County jail of Warren County, at a rate not exceeding 40 cents 2:>er head j)er day, and turnkey’s fees; or the said Board may haA^e them fed by some [person a2:>2:)ointed for that 2)ur2:>ose, at the cost and charges of the City. Good and sufficient food shall be 2:>rovided for them. If any person shall be convicted and fined by the City Court and shall not immediately pay such fine such joerson shall fortliAvith be committed to the custody of the City ^Marshal for confinement in the City Avorkhouse or in the County jail of AVar- ren County. Persons confined in the Avorkhouse or in the County jail for the non-2>ayment of fines assessed against them for a Auolation of the city ordinances may be made to labor upon the streets or other joub- lic Avorks of the City of A'icksburg, and the Board of Mayor and Aldermen are hereby authorized and em2:>OAvered to hire out the ]:>ersons convicted in the City Court in the same manner that the Boards of Su2:>ervisors are authorized to do, for the |:>ay- ment of fines or for the i:)eriod of their imprison- ment, i:>rovided they shall not be taken out ot the County of AVarren. Be it further ordained that all parts of the City Charter of the City of A'icksburg, and all or- dinances and ])arts of ordinances of said City lu conflict Avith this ordinance and amendment shall be repealed, and this ordinance and amendment shall take effect and become a j)art of the Charter of the May board prisoners in County Jail 36 Abate nuisances Prevent cattle, etc., from run- ning at large City Cemetery Building side- walks and gutters City of Vicksburg when approved by the Governor of Mississippi and recorded in the office of the Sec- retary of State. Art. 10. To prevent and abate nuisances, and to prevent or regulate slaughter-houses, hide houses and soap factories, within the city, or the exercise of any dangerous, offensive or unhealthy business, trade, occupation or employment therein. Art. 11. To regulate or restrain the running at large of cattle,^ l^ogs, and other animals, and to impound and subject the same to such forfeitures, confiscations, regulations and taxes as may seem proper ; and they may prohibit the raising or keep- ing of hogs in the city and prescribe a penalty therefor. Art. 12. To provide for the prevention and punishment of all misdemeanors. The Board of Mayor and Aldermen may adopt ordi- nances declaring all acts punishable under the laws of the state , when committed within the corporate limits, offenses against the city and provide for their punishment. Laws 98, page 91. Conviction before the Mayor of a town under an ordi- nance against gaming is not a bar to subsequent indictment under the state law for the act for which he was convicted. Johnson v. State 59 M. 543. The court will not take judicial notice of town ordi- nances. Hence in the prosecution for a violation of an al- leged ordinance a conviction will not be sustained if the evidence fails to show its existence. Naul v. McComb City 70 Miss., 699. Art. 13. To provide for the government, ar- rangement and repairing of the city cemetery, and the sale of lots therein, and to make such substantial and ornamental improvements and additions as they may deem best, and all revenue derived from the city cemetery shall be applied to the improvement of same, and of the streets or roads leading thereto. Art. 14. (As amended by ordinance of April 3, 1906.) To provide for the building, renewing or repairing of all sidew^alks and gutters with stone, brick or wood, at the expense of the property upon which the same may front, properly apportioned, and on the neglect, failure or refusal of the property owner to build, renew or repair the sidewalks and gutters fronting on his property, within such time and in such manner as may be prescribed by the o < Board of Mayor and Aldermen, to provide for hav- ing the same done, at the expense of the city, by the City Marshal or some other person, to be ai)pointed for that purpose, and the City ^Marshal or other person having such work done shall report in writ- ing to the assessor and collector tne cost lo tiie cit}" of such work upon the front of each lot or j)art of lot of each owner, and the assessor and col- lector shall assess the same upon said proj^erty, witli twent}^-five per cent damages with the next accruing city taxes, to be collected thereon, and collect the same with said taxes in the same mode as provided for the collection of taxes on real estate; or the said cost and damages may be recovered of the property owner by the city in any court of com])c- te'nt jurisdiction. Such cost and damages shall be a lien upon the pro^Derty to which the same are chargeable. Before any person shall be required to lay a new sidewalk the city shall establish the proper grades of such work. But the owner of a lot or part of a lot fronting or abutting the side- walk and gutter so built, renewed or repaired, may pay one-fifth of the cost of building, renewing or repairing such sidewalk and gutter in cash, and shall thereupon be entitled to an extension of the balance, payable in equal installments in one, two, three and four years, with interest at the rate of not exceeding eight per cent per annum, provided such owner will execute his promissory notes for each of said installments, payable as aforesaid to the Board of Mayor and Aldermen of the City of Vicksburg with interest aforesaid, and deliver the same to the city treasurer for the use of the City of Vicksburg. Said installment notes shall be assessed by the as- sessor and collector against the property of the maker, fronting or abutting upon the sidewalk so built, renewed or repaired, and shall constitute a first lien thereon until paid. In default of the pay- ment of any of said installment notes at maturity, the assessor and collector of taxes shall add *25 ])er cent damages thereto, and shall collect the same with the taxes next accruing on such lot or part of lot, and with the same remedies. The I>oard of Mayor and Aldermen shall have the power to contract with some one by the year to build, renew and re- pair sidewalks and gutters. Nugent V. Jackpon, f2 M. 1040. Macon v. Patty 57 M. 378. How to be paid for 38 To provide for the protec- tion of side- walks Destruction of dogs Rights of way to railroad companies Hold real estate Build market houses Wharves > Art. 15. To establish all necessary regulations for the protection of sidewalks, gutters and streets from injury by improper use, and from being in any way impeded to the public use; and tvlien any street or public alley in said city has been or shall be en- croached upon by any fence, building or otherwise, the Board of Mayor and Aldermen, may require the owner or owners of the premises, if known, and if not known the occupant or occupants of the premises so encroaching to remoye the same ; and if such re- moyal shall not be made within the time ordered by the Board, a fine of fiye dollars may be imj)osed by tlie city court for eMcli and every day that it is allowed to continue thereafter, and the Board may cause the encroachments to be removed, and collect from the owner, or person making the same, all reasonable charges therefor, with costs, either by suit, or by seizure and sale of personal property, as provided for the collection of delinquent taxes; and no encroachment upon any street or public alley, however long continued, shall constitute an adverse possession thereof, or confer any rights upon the person claiming thereunder as against the city. Art. 16. To provide for the confinement or destruction of all dogs running at large in the city, and for taxing and for muzzling the same. Julienne v. Jackson 69 M. 34. Art. 17. To grant rights of way to railroad companies for the construction of railways upon the streets and through and over the public property of the city, and to regulate the running of cars thereon, in such manner as to prevent accidents to life and property, and to promote the security, comfort and conveyance of the inhabitants. Art. 18. To purchase and hold real estate for public purposes. Art. 19. To erect market houses and regulate the same, and to prohibit or regulate the sale at other places during market hours of the same kinds of articles which are exhibited for sale at sucli markets. Art. 20. (As amended by ordinance June 16, 1903, O. B. 406.) To erect, repair and regulate pub- lic wharves and docks and fix the rates of wharfage thereat, and to regulate, the stationing and anchor- ing or mooring of vessels or other water crafts. 39 within the City limits; .to fix and regulate the ])rices to be charged to consumers for the use of water, gas, electricity, and other similar public ne- cessities; to prescribe and enforce reasonable regu- lations governing the su])ply to consumers of such Avater, gas, electricity and other similar public ne- cessities, and to pass and enforce all ordinances proper or necessary to secure the observance by per- sons or corporations holding contracts with or fran- chises granted by fhe City of Vicksimrg of the terms and conditions of the said contracts or fran- chises. Art. 21. To jirovide for the preA^ention and extinction of fires; to regulate or prohibit the erec- -tion of Avooden buildings in any ])art of the city; to regulate the carrying on of manufactories dangerous in causing or producing fires ; to authorize the Vicks- burg Firemen's xVssociation to organize and main- tain fire companies, and to contract with said asso- ciation for the proper carrying on of the Fire De- partment. (Ordinance May 1, 1900 amending.) Art. 22. To regulate the storage of gunpoAV- der, and all other combustible material, and the use of lights and candles and stoA^e pipes in stables, shops and other places. ».Art. 23. To regulate the speed of horses and Aphides in the city, so as to secure the safety of the iDeople. Art. 2d. To compel the owners of lots Avithin the city to construct sufficient and effecti\^e drainage from the same to public sewers or gutters, so as to i^revent damage to adjacent property, or injury to public health. Art. 25. (As amended by ordinance of April 3', 1906. O B. page 490.) To cause or ])rocure any street or alley in said City to be paA'ed or turn- piked or graA^elled at the cost and expense of the lots or parts of lots fronting the same, to be a])])ortioned thereon according to their numl)er of lineal feet fronting on such street or alley or the part thereof to be so improA^ed. Upon a ])etition, in Avriting of a majority of the OAvners of the greater number of lots or parts of lots, or of the oAvners of the greater number of lots, or of the owmers of the greater num1>er of lineal feet fronting on the street or alley, or the part of the street or alleey, or that ]>art of the street or alley proposed to be so imj)roAX‘d, the Fire Depart- ment Storage of gunpoAvder Speed of horses Drainage To pave and gravel streets 40 Board of Mayor and Aldermen may pave, turn-pike or gravel such street or alley, or part of such street, or alley, or may contract for thepaving, turn-piking or gravelling of such street or alley or part of such street or alley, after giving such notice as the Board may prescribe to the owners of the lots or parts of lots fronting or abutting on such street or alley pro- posed to be so improved, who have not signed the petition for the improvement; and may provide in the contract for the payment of such improvements in cash or partly in cash and partly on a credit, in equal installments, in one, two, three and four years, or any less number of years, at a rate of interest not exceeding G per cent per annum. And the Board of Mayor and Aldermen of the City of Vicksburg shall have the power to issue notes, bonds, loan warrants or other obligations in payment of the deferred installments. The cost of grading such work and the paving, turn-piking or gravel- ling of the street intersections, together with one- third of the cost of the remainder of the work, shall be borne bv the City of Vicksburg and be paid out of the City Treasury, and the remaining two-thirds of the cost of the work and improvement shall be borne by the owners of the lots or parts of lots fronting thereon as above directed. Upon the com- pletion of the work should the owner of any lot or part of lot subject to assessment for the cost of such improvement fail or refuse to pay or to secure tlie payment of what is due thereon as herein provid- ed, it shall be the duty of the Assessor and Collector of taxes to cause the amount, with 25 per cent dam- ages to be assessed against the property with tlie next accruing taxes, and collect the same with said taxes as a part thereof and with the same remedies; and the amount due by each owner of a lot under such assessment, shall a lien on such lot or part of lot, and besides the aforesaid remedies, the col- lection thereof may be enforced l)y proper proceed- ings in any Court having jurisdiction thereof. The City Treasury shall collect from the several property owners their proportion of the cost of such improvement and shall hold the same subject to the terms of the contract. But any owner of a lot or part of a lot fronting or abutting on a street or alley or a part of a street or alley so im]u*oved may when the block in which his lot is situated has been paved, turn-piked or gravelled and thrown open to 41 traffic, i^ay one-fifth of his share of such improve- ment in cash, and t^hall thereupon he entitled to credit for the balance, payable in equal installmeuts in one. two. three and four years with interest at the rate not exceeding 8 per cent per annum, provided such owner shall execute his promissory notes for the deferred installments, payable as aforesaid, and deliver the same to the City Treasury for the use of tiie City of ^ icksbnrg; and said installment notes shall be assessed by the Assessor and Collector, against the makers. lot or part of lot fronting or abutting on the street or alley so improved, and shall constitute a first lien thereon and bind such lots until paid. Should the maker of any of said installment notes fail to pay the same when due. it shall be tlie duty of the Assessor and Collector to add 25 per cent damages to such note and to collect the same with tlie next accruing taxes as a part thereof and with the same remedies. The Board of Mayor and Aldermen shall have the i>ower to borrow money from time to time to make such improvements, and to secure the payment of the same by its notes, bonds, loan warrants or other obligations, and the power of -the Board of !Mayor and Aldermen to borrow money to pave and improve the streets shall be in addition to its power to borrow money for other purposes. Art. 26. To close or vacate streets when they deem it proj>er, and to lay out, establish, alter, ex- tend and control the grade of all needful streets, highways, roads and alleys within the limits of the corporation, and if the Board of flavor and Aider- men shall be unable to purchase the necessary grounds and property therefor, by private contract with the owner or owners thereof, at a reasonable and fair valuation to be fixed by the Board, the said Board shall petition a Judge of the Circuit Court of AVarren county, setting forth tlie facts of the case, and thereupon, the said Judge shall, by an order of the clerk of said court, require the said clerk to issue a writ of nd qvod damnum, directed to the Sheriff of said county, commanding him to summon a jury of twelve disinterested freeholders, citizens, and tax payers of said city, to go upon the grounds sought to be acquired, and assess the value thereof. The owner or owners of said property : or their duly constituted agents or representatives, shall be served with notice of the time and place of Power to close streets and lay out new ones 42 the meeting of the jury, at least five days previous thereto. Before entering upon the discharge of their duty the jury shall be sworn by the Sheriff or other officer authorized to administer oaths, well and truly to assess the value of the property in question and a true verdict to render upon such testimony as may be adduced before them, and their view of the premises. The jury, upon hearing the sworn testi- mony and viewing the premises, shall assess the value of the property and the amount to be paid to the several owners thereof, if ’there be more than one, and return their verdict in writing to the Sheriff, who shall immediately declare the same to the parties to the proceeding, and the Board of Mayor and Aldermen, upon paying to the owners of said property, or their agents or representatives, the sum so assessed by the jury, or upon tendering the same within five days after the verdict of the jury, shall become invested with all the right, title and interest of the owner, or owners of said property in or to the same, for the purpose for which it was condemned, and the owner or owners snail be for- ever barred of any right or interest in or to saia property. But within five days after said verdict^ either the Board or the owner or owners may ap- peal from said decision to the next term of tlie Circuit Court of said county, either party com- plaining upon entering into bond to be approved by the Sheriff* in the penalty of |50.00 conditioned for the payment of costs in the event the amount shall be increased in the one case, or diminished in the other, and said Sheriff shall thereupon give notice to the other party, which notice shall suspend all further proceedings until the next term of said court, when the issue as to the value of said property shall be tried de novo^ in said court, before a jury at the first term. The verdict of the second jury, if had, shall be final and con- clusive upon tile parties. The Sheriff shall return to the clerk of said court all papers that come to his hands in these proceedings, with his own ac- tions in the premises, to be filed by said clerk with the petition, and when concluded said clerk shall make a final record of the same. In each case of a writ ad quod damnum, where no appeal is taken, as soon as the final record is com- pleted, the clerk shall receive for his services $5, 43 the slieritf $3. the officer swearing- the jury and witness $2.50, and each juror $1, to be paid by the Board of Mayor and Aldermen. Herman v. VicUt^biirg, 72 M 211. Art. 27 . To provide for the health, peace, security and good government, convenience and gen- eral welfare of the inhabitants of the city. (See Art. 1, Sec. 28 supra.) Art. 28. To pass all ordinances and make all lawful orders necessary to the proper execution of the powers conferred on them by this charter; and all ordinances heretofore adopted by said Board of ^layor and Aldermen which would have been au- thorized by the provisions of this charter are hereby validated and legalized. Art. 29. To provide for the lighting of said city by electric lights, or other methods. Under the Charter of the City of Vicksburg ( laws 1884 p. 422, as amended laws 1886 p. 694} the municipal authori- ties had power to make a valid contract for electric lights, wdthout advertising for bids and without submitting the matter to a popular vote; and the power was not taken away by the act of jVIarch lOtli, 1888. ( Laws 1888 p. 468} Pteid v. Trowbridge 78 Miss. 542. Ten years is not such an unreasonable time for the du- ration of a contract by a city for electric lights as to render it invalid. A city is not forbidden by constitution of 1890, Sec. 183, prohibiting municipalities from making appropriations or loaning its credit to a corporation to contract with a cor- poration for electric lights for its streets. Ib. The objection that a contract made by a city confers an exclusive right can be made only by the city or some party making application for privilges. A tax-payer cannot make the objection because of a provision in the contract for a special levy of taxes without showing that it is in excess of charter limitations. Ib. Art. 30. To provide for the erection and maintenance of a Bystem of water works to supply said city with water, and to that end to contract with a party or parties wlio shall build and oper- ate water works. Laws 1886 page 695. Reed v. Vicksburg. 78 Miss. Under the franchise granted to 8. H. Bullock & Co., the Supreme Court of the U. S., held that the city was pre- cluded from building or owning a water works plant of its own during the life of the franchise. Mayor and Aldermen City of Vicksburg v. Water Works Co. 202 U. S. p. 453. Section 20. Be it further enacted. That the Board of Mayor and Aldermen, may appropriate not exceeding three thousand dollars per annum for the support and maintenance of a public hospital To provide for general wel- fare Power to enact ordinances Hospital 44 Mode of assess- ing property in said city, in addition to any sum which may be appropriated by the State for the benefit of such hospital. Section 30. (As amended by ordinance Feb. Tth. 1905.) Be it further enacted that all assess- ments of the values of real and personal porjDerty subject to taxation in the City shall be made by the City Assessor and Collector, by application to the property owner for a sworn statement of the values thereof ; and said Assessor and Collector is hereby authorized to administer oaths for that purpose. Should the owner of any property be not found on reasonable inquiry by the Assessor and Collector, he shall assess the property at a fair valuation and list it as the property of “Unknown Owners.’’ Should any property owner render valuation of his property at a sum less than the Assessor believes it to be worth, he shall report the property, owner and assessment as given, to the Board of Mayor and Al- dermen, at a time to be prescribed by them, with his statement of what he believes to be a reasonable taxable value of said property. The report of the Assessor and Collector shall be receiv- ed and considered by the Board at such time and upon such notice to the owners as the Board may fix; and at such hearing the Board shall fix the proper value of such property for assessment. And should any property holder render valuation of his property at a sum less than the Board believes it to be worth ,the Board may, of its own motion and without any statement from the Assessor and Collec- tor as to what he believes it to be worth, raise the valuation to the proper amount, upon such notice to the owners of the property as the Board may fix. The Board of Mayor and Aldermen shall have the the power of finally determiningthe taxable value of all property ; and shall also have the power to equal- ize the assessment, and may increase or diminish the values of any property, so that property of the same value shall be assessed for an equal sum.. Section 31. Be it further enacted. That all property and estate, real, personal and mixed, in said city, such as lots and parts of lots with build- ings, and improvements, watches and jewelry, gold and silver plate, goods, wares and merchandise, horses, mules, carriages, carts, drays, and other 45 vehicles, stock or bonds, not exempt by law, money on hand, on deposit or at interest, alf debts due to any corporation, firm or person in said city, from persons corporations or firms within or without the same, all interests in corporations, companies or co- partnerships, shares in national banks, beyond the proportionate value of the capital stock in United States bonds, all interest in steamboats and other water craft, in railway cars and other movable prop- erty, and all kinds, qualities and descriptions of property not aboA^e mentioned within the City of Vicksburg*, shall be assessed and listed for taxation at the fair and full Avorth and market A^alue of the same : ProAuded, lioweA^er, That the folloAving prop- erty, and none other, shall be exempt from taxation : The property of the United States, of this State, of AVarren county, of said city, of public schools, of seminaries of learning, of churches, and of religious, beneA^olent, literary and scientific associations, (And all bills or notes giA^en in whole or in part payment for property Avithin said city subject to taxation) and the property of all incorporated companies for the prevention of fires, as far as the same is used for such purposes, and not for rental, profit and spec- ulation, together with two hundred and fifty dollars A^alue of household furniture, owned by the head of a family. The Board of Mayor and Aldermen may exempt from taxation for a period not exceeding ten years, new manufactories and enterprises and stocks therein. That portion of the above section enclosed in brackets has been declared unconstitutional by Supreme Court Miss. 83 Miss, page 71. Section 32. Be it further enacted, That all prop- erty of railroads situated in said city may be assess- ed and taxed as the property of indiAuduals is, and all machinery, and other personal property of rail- road companies remaining in said city, and a pro- portionate A^alue of their rolling stock, Avhich shall be ascertained by taking the proportion which the length of the track in the city bears to the length of the main track of the railroad in the State, may be assessed and taxed provided the property of no rail- road companies shall be taxed by said Board until the expiration of any exemption accorded to such Company by the law of the State. Property sub- ject to taxa- tion Property ex- empt Manner of tax- ing railroads 46 Annual Assess- ments to be made Ad valorem tax to be levied Who to collect Taxes Commission to Assessor State laws to apply Section 33. Be it further enacted, That the City Assessor and Collector shall make an annual assessment of all property subject to taxation for corporate purposes, under the provisions of this Charter, said assessment to conform to such time and method as may be prescribed therefor by Or- dinance of the Board of Mayor and Aldermen. Section 34. Be it further enacted. That, the Board of Mayor and Aldermen, ma}^ by resolu- tion, levy and collect an “ad valorem” tax annually, not exceeding tAvo per cent, for all purposes inclu- siA^e of the amount levied for school purposes, on all property subject to taxation; and said taxes shall be due and payable on or before the 15th day of December of each year. Should the school author- ities of said city fail to levy a tax for school pur- poses in any one year, the Board of Mayor and Al- dermen shall levy a school tax for such year not exceeding four mills. Section 35. Be it further enacted, That the Assessor and Collector shall collect all taxes, levied by the Board and pay the same to the City Treas- urer, at the expiration of each month. On payment of each license tax he shall certify to the City Cler]?: the name of the person paying the same, the amount thereof, the character of business and the term paid for, and the Clerk shall thereu]3on issue to such per- son a license under the seal of the city, in accordance Avith the certificate. The Board shall provide the Assessor with assessment rolls, tax lists and receipts necessary for the conduct of the business of his of- fice. The Assessor and Collector shall preserve in his office all the records and proceedings had therein, and for his services he shall receive a commission of one and one half per cent on all taxes actually collected by him, to be retained by him monthly out of his collections, and reported to the Board of Mayor and Aldermen, and to be approA^ed by the Board. He shall not be permitted to retain as his commissions more than the amount aboA^e specified, from any one class or kind of taxes authorized to be collected. The Board shall i^rovide an office for the Assessor imd Collector, and furnish the same as they may deem proper. Section 36. Be it further enacted. That all the laAvs of the State Avith reference to the lien of taxes due to the State and county, shall apply as 47 far as ajji^licable to city taxes, and fix the lien thereof, and assessments made by the cit}^ authori- ties shall be as valid and etfectual as those made by the State and county authorities. Section 37. Be it further enacted, That on all city taxes unpaid after the 15th day of December of each }^ear ten per cent damages shall accrue and be collected, and after said date the Assessor and Collector, with the aid of the City Marshal, or an}" member or members of the police force, shall proceed to enforce the collection of all taxes and damages due the city, by the seizure and sale of personal property of the delinquent tax payers it any can be found in said city being subject to such seizure and sale to ])ay all taxes and damages due by the owner thereof. Sales of joersonal property shall be made by the Assessor and Collector at the City Hall in said city every Saturday, commencing not sooner than 11 o’clock a. m., and ending not later than 3 o’clock p. m. No seizure and sale of personal i^roperty for taxes due on real estate shall be made after the time fixed for the filing of the delinquent list by the next section. The Assessor and Collec- tor shall only be entitled to 10 per cent, damages on all taxes collected by him by seizure and sale. Section 38. Be it further enacted. That at the first regular meeting of the Board of Mayor and Al- dermen next before the day fixed by law for the sale of lands for State and County taxes, the As- sessor and Tax Collector shall lay before said Board a listed statement of all delinquent taxes, which shall show the name of the tax-payer, the property on which the tax is due, and the amount of the tax, to which shall be annexed the affidavit of the Assessor made before the City Clerk, that said statement is true and correct, and that he has been unable, after the exercise of due diligence and ef- fort to collect said taxes by seizure and sale of ])ersonal property. The Assessor and Collector and his bondsmen shall be liable for all delinquent taxes not embraced in said list as for taxes collected and unaccounted for. Section 3b. Be it further enacted. That the Assessor and Collector shall publish once a week for three consecutive weeks, in some newspaper pub- lished in said city, befoi-e the day fixed l)y law for the sale of lands for State and county taxes, a list When damages accrue How collec- tions en- forced When sales made To furnish a list How sales to be advertised 48 of all lands delinquent for city taxes, with the names of the parties to whom the same are respectively assessed, and the amount of taxes and damages due thereon with a notice that unless said taxes and damages are paid on or before the day fixed by law for the sale of lands delinquent for State and county taxes, said lands will be sold by the Sheriff of Warren County. Duty of assessor Sheriff in land sales Sales to vest absolute title Fees of sheriflf and tax collector Section 40. Be it further enacted. That the City Assessor and Tax Collector shall on the day and at the place appointed by law, for the sale of lands for State and county taxes, attend with his assespient rolls and delinquent lists, and when the Sheriff or Tax Collector of Warren county shall offer for sale any lands for State and county taxes, which may also be delinquent for City taxes, he shall notify said Sheriff or Tax Collector of the amount of the city taxes and damages due thereon, and unless said Sheriff or Tax Collector shall re- ceive a bid for said property equal to the whole amount of State, county and city taxes, and costs and damages, he shall strike off the same to the State, and if when the sale of lands delinquent for State and county taxes shall have been completed, there shall be any lands delinquent for city taxes only, said Sheriff or Tax Collector shall sell the same, and unless he shall receive a bid equal to the amount of the city taxes, damages and costs due Cnereon, he shall likewise strike the same off to thi State ; and under any sale made under the provisions of this act, whether it be made for State and county and city taxes, or for city taxes alone, the state or individual purchaser shall be vested Avith a perfect title to the land so sold, subject to the right of re- demption provided by laAv, Avith the same remedies enforcing the same to Avhich the State, or individual purchaser AAmuld be entitled under the State Rev- enue LaAV, Avith reference to sales of land for taxes, Avhich shall apply in full force Avith all the rules of construction relatiA^e thereto, to the sales in this act provided for. The Sheriff and Tax Collector of AYarren County shall receiA^e a compensation of tAvo and one half per cent, on all city taxes collected by him on such sales, and the remainder of the amount so collected he shall at ouce pay into tlie city treasury, and his Sheriff’s and Tax Collector’s 49 bonds shall be security for the same, and the per- formance of his duties hereunder. Section 41. Be it further enacted, That the City Assessor and Collector shall annually and with- in two weeks after such sale, furnish to the State Auditor a statement of the city taxes and damages and costs due on property held by the ?5tate, so that in disposing of land either by way of redemption or sale, he can collect the taxes accrued thereon in favor of the city, which when collected he shall pay over to the City Treasurer. Section 42. Be it further enacted. That the iNIayor shall make to the Board of Mayor and Al- dermen a monthly report of the expenses of the corporation and money on hand, and the said board shall limit their expenditures for corporation pur- poses within the revenues of the city. Section 43. Be it further enacted. That tho Board of i\Iayor and Aldermen shall designate some bank of the city as the bank of deposit of the city, and may change the same at pleasure; and the bank of deposit, before receiving the deposits of the city shall enter into a bond of like sum with like condi- tions as that of the Treasurer. The Treasurer shall deposit in said bank all money in his hands belong- ing to the city, and said bank shall render a monthly account to the Board of Mayor and Aldermen of the receipts and disbursements made by them on account of said city. Section 44. Be it further enacted. That all property owned and held by the Mayor and Aider- men of the City of Vicksburg in their corporate ca- pacity, and such as may be hereafter acquired by them, shall be exempt from seizure and sale under any attachment or judgment rendered against them. Section 45. (As amended by ordinance of May 1, 1905. O. B. page 444.) Be it furthei enacted. That the ^layor and Aldermen of the City of Vicksburg, shall have full power and authority to borrow money every year, including the current year 1905, from time to time, as needed, for the purpose of de- fraying the current expenses of the City of Vicks- burg, not however to exceed $100,000.00* in any one year, and may issue its loan warrants therefor; but "the total amount of loan warrants outstanding at any one time shall never exceed $100,000.00. No Loan Warrant shall be issued for a longer period 4-City Assessor and collector to report to auditor Expenses of city limited to revenue Shall designate Bank of deposit City property exempt from taxation Mayor and Al- dermen em- powered to borrow money 50 Authorized to issue loan warrants Rights of hol- ders of loan warrants Clerk to report total receipts and expenses Street Com- missioner than one }^ear, nor bear interest at a greater rate of interest than 6 per cent, per annm, nor be issued nor sold for less than par. The Loan warrant is- sued during any year shall be a first lien on the rev- enues of the city for that year, and shall be entitled to priority of payment over all other obligations and liabilities of said city out of any revenues there- of except revenues specially raised to pay s] 3 ecific obligations of the City. But should all Loan war- rants issued during any year not be paid out of the revenues of that year, they shall be paid out of the revenues of the City for the succeeding years. Any legal holder or owner of any Loan warrants shall be entititled to en- force or protect his rights thereunder by man- damus or injunction without first reducing his claim to judgment, but the defendant or defendants ma}^ make any valid defense to such claim and have the same determined in such suit or suits and the Court or Judge shall have plenary power to direct the formation and determination of the issue be- tween the parties and to give judgment according to right and justice of the case. Section 46. Be it further enacted. That on the first Tuesday in January of each year the City Clerk shall report to the Board a statement of all the re- ceipts and expenses for the preceding year, and of all outstanding liabilities, which report shall be published. Section 47. Be it further enacted. That all acts and parts of acts in conflict with this act be and are hereby repealed, and that this act take effect from and after its passage. Apj^roved March 7th, 1884. Chapter II. Amendments to Charter. Section 48. (Amendment approved Sept. 9, 1893 0. B. p. 297.) In addition to the corporate officers mentioned in section (7) of said Charter a Street Commissioner, shall be chosen by the Board of Mayor and Aldermen at the same time, and in the same manner as is prescribed therein for the 51 election of the City Clerk, City Marshal, Market Master, City Physician and City Sexton and whose term of office shall be the same. The Street Commissioner shall under the direc- tion of the Board of Ma}mr and Aldermen have general control of the streets, alle}"s, avenues and sidewalks; he shall see they are alwa}^s in proper repair; he shall have the same worked, rej^aired, altered, paved, lighted, sprinkled and everything else done that ought to be done to keep the same in good repair and condition and shall perform all other duties that may be required of him by ordi- nance and shall receive such salary for his services as may be prescribed by said Board not to exceed the sum of $1*25.00 per month. AN ACT requiring fines to be paid into the school fund. Section 1. Be it enacted by the Legislature of the State of Alississippi, That all fines assessed by the city court, in the City of Vicksburg, for violation of the laws of this State shall be paid into the County Treasury of Warren county, for the use of the common school fund, in the same manner as fines assessed by justices of the peace and circuit courts, and all fines assessed by said city court for violations of the ordinances of said city shall be paid into the city treasury of said city. Section 2. Be it further enacted, That all acts and parts of acts in conflict with this act be and the same are hereby repealed, and that this act take efiect and be in force from and after its passage. Approved March 8th, 1884. AN ACT to authorize the Cit}' of Vicksburg in this State to contract with the Memphis & Vicksburg Railroad Com- pany, or such other railroad company as the Memphis & Vicksburg Railroad Company may hereafter become merged into or a part of by consolidation or otherwise, for the location of tlie machine shops of said company at said City, and for other purposes. Section 1. Be it enacted by the Legislature of the State of Mississippi, That the City of Vicksburg, through its Board of Mayor and Aldermen and the ^lemphis and Vicksburg Railroad Company, or such other railroad company as said Memphis and Vicksburg Railroad Company may hereafter be- come merged into or a part of by consolidation or Fees paid into the school fund 52 To enter into contract with the rail road to se- cure shops Right to close Streets To contract to issue bonds otherwise, be and are hereby respectively authorized and empowered to enter into such contracts with each other relative to the location and maintaining at said city of the railroad shops of said railroad company as they may mntualy agree upon together with such limitations, conditions, privileges, immu- nities, exemption from city taxation, settlement of all claims, disputes and demands of the one against the other, relinquishment of all bonds, subscriptions, stock certificates of either party now held or claim- ed by the other, rights of way through the streets of said city, closing of and discontinuing streets now open and dedicated to the public, and such other things as may be decided and mutually agreed on between said City of Vicksburg and said railroad company, and sudi contract or contracts, when re- duced to writing and signed by the parties, duly au- thorized therewith by the contracting parties, shall be in all respect valid and binding, and may be en- forced by either party in any court having jurisdic- tion thereof. Section 2. Be it further enacted. That said city may contract with said railroad company for an issue and delivery to said company of said city’s bonds for such purpose, and on such consideration, and bearing such rate of interest, and having such time to run, as the parties may agree upon ; and the election to authorize the issuance of said bonds may be held under the provisions of an Act of the Leg- islature of Mississippi, entitled ; “An Act to author- ize counties, cities and towns to subscribe to the capital stock of railroads,” approved March 7, 1882. Section 3. Be it further enacted. That this Act take effect and be in force from and after its pas- sage. Approved, February 22, 1884. 53 Parks, Depot Grounds, Public Grounds. Be it by ordained by the Mayor and Aldermen of the City of Vicksburg, that the Charter of said City be amended, by the adoption of the following additional Section. The Board of Mayor and Aldermen of the City of Vicks- burg, shall have the power and authority to regulate Parks, Public grounds. Depots, Depot grounds, and places for stor- age of freight and goods within the corporate limits, and to provide for and regulate the construction and passage of Raihva 3 ^s and Street Railroads through the Streets, Avenues, Alle}^s or Lanes and public grounds of the Municipality, but a person or Company to whom the right and privilege shall at an}^ time be granted by the authorities of the City of Vicksburg to construct Railroads and Street Railroads through the Municipality, shall not have the exclusive privi- lege to do so. Approved April 30, 1894. O. B. P. 313. Sprinkling Streets. Be it ordained b}^ the Ma^mr and Aldermen of the City of Vicksburg that the Charter of said City be amended by adding thereto the following Section to be known as Section 51 of the Charter of said City: Section 51. The Board of Mayor and Aldermen of the City of Vicksburg, shall have the power to cause or procure any Street or Alley in said City to be sprinkled at the cost and expense of the lots or parts of lots fronting the same, to be apportioned thereon according to their num- ber of lineal feet fronting on said street or alley. Upon a petition in writing of the majority of the owners of lots or jiarts of lots, or the owners of the greater number of lineal feet fronting on the Street or Alley or that part of the Street or Alley proposed to be sprinkled, the Board of Mayor and Aldermen may authorize a written contract for the sprink- ling of such Street or Alley not less than one square, or said Board of Mayor and Aldermen may cause such sprink- ling to be done under the supervision and direction of the Street Commissioner, and on its own account; provided that the cost shall not exceed one cent per month per lineal foot to the owners of lots fronting on such Streets or Alleys. Idle cost of sprinkling Street intersections shall be borne by the City and be paid out of the City Treasury, and the cost of sprinkling the Streets or Alleys shall be borne and paid b}^ the owners of the lots or parts of lots fronting thereon as above directed. The cost of sprinkling shall be 54 payable by the property owners monthly to the Assessor and Collector of said City. On the first day of December of each year, should the owner of any lot or part of lot, subject to assessment for the cost of such sprinkling, fail and refuse to pay what is due thereon, it shall be the duty of the Assessor and Collector to cause the amount of 25 per cent, damages to be assessed against the property with the then accruing taxes, or the next accruing taxes, and collect the same with said taxes as a part thereof, and with the same remedies; and the amount due by each owner of a lot under such assessment shall be a lien on said lot, or lots or part of a lot, and besides the aforesaid remedies, the collection thereof may be enforced in an}^ Court having jurisdiction thereof. The Assessor and Collector shall collect from the several property owners their proportion of the cost of such sprink- ling, and pay the same to the City Treasurer, who shall hold the same as a special fund subject to the terms of the contract, or shall hold the same out of which he shall pay the cost of such sprinkling, and after all disbursements are made, pay the balance of the same into the General City fund. Approved June 29, 1897. O. B. P. 343. Municipal Bonds. AN ORDINANCE, To amend the charter of the City of Vicksburg, Miss- issippi. Be it ordained by the Mayor and Aldermen of the City of Vicksburg, Mississippi, that the Charter of said City of Vicksburg, Mississippi, as approved March 7th, 1884, be amended so as to include the fol- lowing as a part thereof, to-wit : 1. MUNICIPAL BONDS. The Mayor and Aldermen, for the purpose of raising money for the erection of munici- pal school buildings and the purchase of such buildings or land therefor and the improvement and adornment thereof, for the erection or purchase of water works, gas, electric, and other plants, the establishment of a sewerage system, the protection of the municipality from overflow, from caving banks, and other like dangers, improving or paving streets, and for the liquidation of existing debts of the municipality, may issue bonds or other obligations of the City, not to exceed in amount, including all outstanding boncts, seven per centum of the assessed value of the taxaole property of the municipality, unless authorized by two-thirds of the qualified electors thereof; but in no case shall the amount issued exceed ten per centum of the assessed value. But the 00 limit on the amount shall not apply to bonds or other obliga- tions issued on liquidation or to raise funds to liquidate any indebtedness existing when this amendment becomes opera- tive. 2. THE SAME: DETAILS OF, ETC. Said bonds shall mature not later than twenty years from the date of their issuance, and bear interest at a rate not exceeding seven per centum per annum, payable annually or semi-annually as the Board shall elect; and such bonds, or any part there- of, shall be payable, after five years at the option of the municipality. All such bonds shall be lithographed with suitable devices to prevent counterfeiting, shall be in sums of one hundred dollars or five hundred dollars each, and shall be registered as issued, be numbered in'a regular series from one upward, be signed by the Mayor and countersigned by the Clerk, who shall impress the municipal seal upon each bond as it is issued, and every such bond shall specify on its face the purpose for which it was issued; and the total amount authorized to be issued, and each shall be made pa}^able to a person by name, the purchaser, followed by the words “or bearer.” The Mayor and Aldermen shall levy annually a special tax, to be used exclusively in paying the interest on such bonds and the bonds maturing within one year, and in providing a sinking fund for the redemption of the bonds issued. 3. THE SAME: lYHAT IS TO BE DONE BE- FORE ISSUING BONDS. Before providing for the is- suance of any bonds, the Mayor and Aldermen shall publish notice of the proposal to issue the same in a newspaper pub- lished in the municipality, for three weeks, next preceding; and if within that time, twenty per centum of the adult tax pa}^ers of the municipality shall petition against the issuance of the bonds, then the bonds shall not be issued, unless au- thorized by a majority of the electors voting in an election to be ordered for that purpose. All the expenses of preparing the bonds, publishing notices, and holding such elections shall be paid out of the municipal treasury. 4. BONDS :\IAY BE MADE TO MATURE AN- NUALLY, ETC. The Mayor and Aldermen ir it elect, may issue bonds, making a part of them mature annually, and run- ning through a series of not more than twenty years from their issuance. All the interest in such cases, and a part of the principal, to be fixed by the Mayor and Aldermen, at the time the bonds are issued, shall lie payable annually, and the bonds shall be issued accordingly; in which case a 56 part of the principal shall not be called in and paid by the Mayor and Aldermen until maturity of the Bonds. Ordained this 3d day of November, 1902. Approved this 4th day of November, 1902. 0. B. p. 396. Note.— The Sapreme Court of Mississippi decidefl, in Smith v. Vicks- burg, that the City could not issue bonds to liquidate the indebted- ness not due when the amendment was adopted. Amendment in Regard to Municipal Bonds. AN ORDINANCE to amend an Ordinance entitled An Ordinance to amend the Charter of the City of Vicksburg, Mississippi, Ordained November 3rd, 1902, and approved November 4th, 1902. Be it ordained by the Mayor and Aldermen of the City of Vicksburg, Mississippi, that the amendment to the Charter of said City of Vicksburg, ordained November 3rd, 1902, and approved November 4th, 1902, be and the same is hereby so amended as to read as follows: 1. MUNICIPAL BONDS. The Mayor and Aldermen, for the purpose of raising money for the erection of muni- cipal and school buildings and the purchase of such build- ings or land therefor and the improvement and adornment thereof, for the erection or purchase of water works, gas, electric, and other plants, the establishment of a sewerage system, the protection of the municipality from overflow, im- proving or paving streets, or for the liquidation of existing debts of the municipality, may issue the bonds or other obli- gations of the City not to exceed in amount, including all outstanding bonds, seven per centum of the assessed value of the taxable property of the municipality, unless authorized by two-thirds of the qualified electors thereof ; but in no case shall the amount issued exceed ten per centum of the assessed value. But the limit on the amount shall not apply to bonds or other obligations issued on liquidation or to raise funds to liquidate any indebtedness existing when this amendment becomes operative. 2. THE SAME; DETAILS OF, ETC. Said bonds shall mature not later than twenty years from the date of their issuance, and bear interest at a rate not exceeding seven per centum per annum, payable annually or semi-an- nually, as the Board shall elect; and such bonds, or any part thereof, shall be jiayable after five years at the option of the municipality. All such bonds shall be printed or litho- graphed with suitable devices to prevent counterfeiting, shall 0 / be in sums of one hundred dollars or five hundred dollars each, and shall be registered as issued, be numbered in a regu- lar series from one upward, be signed b}^ the Mayor and countersigned by the Clerk, who shall impress the municipal seal upon each bond as it is issued, and every such bond shall specify on its face the purpose for which it was issued, and the total amount authorized to be issued, and each shall be made pa}^able to a person by name, the purchaser, followed by the words “or bearer.” 3. THE SAME ; WHAT IS TO BE DONE BEFOEE ISSUING BONDS. Before providing for the issuance of any bonds, the Majmr and Aldermen shall publish notice of the proposal to issue the same in a newspaper published in the municii^alit}", for three weeks next preceding; and if, within that time, twenty per centum of the adult tax payers of the municipality shall petition against the issuance of the bonds, then the bonds shall not be issued, unless authorized by a majority of the electors voting in an election to be ordered for that pui’iDose. All the expense of preparing the bonds, publishing' notices and holding such election shall be paid out of the municipal treasury. 4. BONDS MAY BE MADE TO MATUEE AN- NUALLY, ETC. The Mayor and Aldermen if it elect, may issue bonds, making a part of them mature annually, and running through a series of not more than twenty years from their issuance. All the interest in such cases and a part of the principal, to be fixeed by the Mayor and Aldermen at the time the bonds are issued, shall be payable annually, and the bonds shall be issued accordingly; in which case a part of the principal shall not be called in and paid by the ^layor and Aldermen until maturity of the bonds. 5. Be it further ordained that all acts and parts of acts and all ordinances and ]^arts of ordinances in conflict with this ordinance, be and the same are hereby repealed, and that this ordinance take effect and be in force from and after its approval by the Governor and its record in the office of the Secretary of the State. Ordained this 1st dav of ^lav, 1005. II. J. TEOAVBrvIDGE, 'CiTY Clerk. Approved this 2nd day of May, 1905. ^ B. W. GEIFFITH, Mayor. O. B. p. 441. 58 Chapter III. Election not to Come Under AIunicipal Chapter OF Code. WHEREAS : The Mayor and Aldermen of the City of Vicksburg have elected to continue under the Charter of said City, Approved March 7th, 188d, now THEREEORE BE IT RESOLVED, Ine Mayor and Aldermen of the City of Vicksburg, at a regular meeting held in accordance to law, at the City Hall of Vicksburg, on the 1st day of June, 1892, that in accordance with the provisions of Section 78 of the Chapter entitled “Municipali- ties,” of the Annotated Code of the Public Statute Laws of the State of Mississippi, it is the sense of this Board, and it does so now elect not to come under the provisions of said Chapter on Municipalities, but to continue under the opera- tion of the Charter of said City, Approved March 7th, 1884^ and the amendments thereto as they may now exist, witli such others as may be hereafter made according to law. RESOLVED FURTHER, That this action be entered of record on the minutes of this Board, and the same certified by the Mayor and City Clerk, under the seal of said City, to the Secretary of State, as by the Statute in such cases made and provided. Done at Vicksburg, Mississippi, this the 1st day of June 1892. Municipalities may accept or reject. See Jackson v. Schlomberg, 70 Miss., 47. If municipality accepts, its action cannot be rescinded. Ib. Action of municipality must be certified to Secretary of State. State V. Govan, 70 Miss., 535. 59 Chapter IV. Constitutional Provisions Applicable to Cities AND Towns. A direction by the Legislature that in estimating dam- ages accruing to the owner of land taken for public use the benefits which will result to the owner shall be allowed in extinguishment of the claim, is judicial, and therefore void. Isom V. Mississippi R. R. Co., 36 Miss., 300. Sec. 8. All persons, resident in this State, citizens of the United States, are hereby declared citizens of the State of Mississippi. (1869, Art. I., sec. 25.) Sec. 14. Xo person shall be deprived of life, liberty or l^roperty except by due process of law. (1817, Art. I., sec. 10 ; 1832, Art. I., sec. 10 ; 1869, Art I., sec. 2.) A law depriving a citizen of his property without notice or trial, and without opportunity to protect his rights, is void. Donovan v. Vicksburg, 29 Miss., 247. An extension of city limits so as to include property and render it liable to city taxes, though the owner is not benefited thereby, is not to deprive of property without due process of law. Martin v. Dix, 52 Miss., 53. A municipal ordinance authorizing the killing of unmuzzled dogs running at large is not invalid. Julienne V. Jackson, 69 Miss., 34. Sec. 17. Private property shall not be taken or damaged for public use except on due compensation being first made to the owner or owners thereof, in a mnner to be prescribed by law; and whenever an attempt is made to take private prop- erty, for a use alleged to be public, the question whether the contemplated use be public shall be a judicial question, and, as such, determined without regard to legistalive assertion that the use is public. (1817, Art. I, sec. 13; 1832, Art. I., sec. 13; 1869, Art. I., sec. 10.) The section embraces municipalities and prohibits them from tak- ing or damaging private property without compensation, etc., embrac- ing both direct and consequential damages. Vicksburg v. Herman, 72. Miss., 211. Sec. *22. Xo person's life or liberty shall be twice placed in jeopardy for the same offense; but there must be an actual 60 acquittal or conviction on the merits to bar another prose- cution. (1817, Art. I., sec. 13; 1832, Art. I., sec. 13; 1869, Art. I., sec. 5. ) A conviction of an offense under a municipal ordinance is not a bar to a prosecution by the State for the same act. Johnson v. State, 59 Miss., 543. The Legislature can constitutionally confer on municipalities the power by ordinance to punish as an offense against the municipality an act which constitutes a crime against the State. Ocean Springs v. Green, 77 Miss., 472. A. & E. Enc. L. Vol. 21, page 955. The Legislature may make mayors of municipalities, ex-officio jus- tices of the peace in and for their municipalities, and give them crim- inal jurisdiction as such. Bell V. McKinney, 63 Miss., 187. The section expressly authorizes the Legislature to dispense with the inquest of a grand jury in the prosecution of misdemeanors. Coulter V. State, 75 Miss., 356. Sec. 80. Provision shall be made by general laws to prevent the abuse by cities, towns and other municipal cor- porations of their powers of assessment, taxation, borrowing money, and contracting debts. The section is prospective only and did not repeal existing charters. Lum V. Vicksburg, 72 Miss., 950. Sec. 87. No special or local law shall be enacted for the benefit of individuals or corporations, in cases which are or can be provided for by a general law, or where the relief sought can be given by any court of this State; nor shall the operation of any general law be suspended by the Legisla- ture for the benefit of any individual or private corporation or association, and in all cases where a general law can be made applicable, and would be advantageous, no special law shall be enacted. Sec. 88. The Legislature shall pass general law^s, under which local and private interests shall be provided for and protected, and under which cities and towns may be chartered and their charters amended, and under which corporations may be created, organized, and their acts of incorporation altered; and all such laws shall be subject to repeal or amendment. The section is prospective only and did not repeal existing munici- pal charters. Lum V. Vicksburg, 72 Miss., 950. Sec. lOd. Statutes of limitation in civil causes shall not run against the State, or any subdivision or municipal cor- poration thereof. Sec. 110. The Legislature may provide, by general law, for condemning rights of way for private roads, where neces- saiy for ingress and egress by the party applying, on due compensation being first made to the owner of the property; but such rights of way shall not be provided for in incorpor- ated cities and towns. Sec. 112. Taxation shall be uniform and equal through- out the State. Property shall be taxed in proportion to its value. The Legislature may, however, impose a tax per capita upon such domestic animals as from their nature and habits are destructive of other property. Property shall be as- sessed for taxes under general laws, and by uniform rules, according to its true value. But the Legislature may provide for a special mode of valuation and assessment for railroads, and railroad and other corporate property, or for particular species of property belonging to persons, corporations, or associations not situated wholly in one county. But all such property shall be assessed at its true value, and no county shall be denied the right to levy county or special taxes upon such assessment as in other cases of property situated and assessed in the county. (1869, Art. XII., sec. 20.) Local and special assessments not prohibited by the section. Alcorn v. Hamer, 38 Miss., 652; Daily v. Swope, 47 Miss., 367 ; Vassar v. George, 47 Miss., 713. The Legislature cannot dispense with an assessment. State V. Vicksburg Bank, 69 Miss., 986. The section is the only constitutional limitation on the power of the Legislature to exempt property from county and municipal taxation. Brennan v. Mississippi, etc., Co., 70 Miss., 531. 62 The section contemplates that the assessment shall be made by the assessor, provided for in section 138. State Revenue Agent v. Tonella, 70 Miss., 701. The uniform and equality rule prescribed by the section is not re- quired to be observed in the imposition of special assessments, as for making sidewalks, etc. Nugent V. Jackson, 72 Miss., 1040. Municipal taxation is within the operation of the section. Adams v. Capital, etc., Bank, 75 Miss., 701; Adams v. Bank of Oxford, 78 Miss., 532. Sec. 172. The Legislature shall, from time to time, es- tablish such other inferior courts as may be necessary, and abolish the same whenever deemed expedient. (1832, Art. IV., sec. 24; 1869, Art. VI., sec. 24.) It is competent under the section for the Legislature to give a mayor of a municipality jurisdiction of causes, civil and criminal, with- in the municipality. Bell V. McKinney, 63 Miss., 187. Sec. 178. Corporations shall be formed under general laws only. The Legislature shall have power to alter, amend, or repeal any charter of incorporation now existing and revo- cable, and any that may hereafter be created, whenever in its opinion, it may be for the public interest to do so. Pro- Auded, hoAveA^er, That no injustice shall be done to the stock- holders. No charter for any private corporation for pecu- niary gain shall be granted for a longer period than ninety- nine years. In assessing for taxation the property and fran- chises of corporations having charters for a longer period than ninety-nine years, the increased value of such property and franchises arising from such longer duration of their charters shall be considered and assessed; but any such cor- poration shall have a right to surrender the excess over ninety-nine years of its charter. The exemption from taxation granted by laws 1882, p. 84, to encour- age the establishment of factories, etc., was and is constitutional and was continued in force, subject to Legislative repeal by the section. Adams v. Tombigbee Mills, 78 Miss., 676. Sec. 182 . The poAA^er to tax corporations and their property shall neA^er be surrendered or abridged by any con> tract or grant to which the State or any political subdiAusion thereof may be a party, except that the Legislature may grant 63 exemption from taxation in the encouragement of manufac- tures and other new enterprises of public utility extending for a period not exceeding five years, the time of such exemptions to commence from date of charter, if to a corporation; and if to an individual enterprise, then from the commencement of work; but when the Legislature grants such exemptions for a period of five j^ears or less, it shall be done by general laws, which shall distinctly enumerate the classes of manu- factures and other new enterprises of public utility entitled to such exemptions, and shall prescribe the mode and manner in which the right to such exemptions shall be determined. Sec. 183. No county, city, town, or other municipal cor- poration shall hereafter become a subscriber to the capital stock of any railroad or other corporation or association, or make appropriation or loan its credit in aid of such corpor- ation or association. All authority heretofore conferred for any of the purposes aforesaid by the Legislature or by the charter of any corporation, is hereby repealed. Nothing in this section contained shall affect the right of any such corporation, municipality, or county to make such subscription wliere the same has been authorized under law existing at the time of the adoption of this constitution, and by a vote of the people thereof, had prior to its adoption, and where the terms of submission and subscription has been or shall be complied with, or to prevent the issue of renewal bonds, or the use of such other means as are or may be prescribed by law for the payment or liquidation of such subscription, or of any ex- isting indebtedness. Sec. 188. No railroad or other transportation company shall grant free passes or tickets, or passes or tickets at a discount, to members of the Legislature, or any state, district, county, or municipal officers, except railroad commissioners. The Legislature shall enact suitable laws for the detection, j)revention, and punishment of violations of this provision. Sec. 192. Provision shall be made by general laws where- by cities and towns may be authorized to aid and encourage the establishment of manufactories, gas-works, water-works, and other enterprises of puldic utility other than railroads, within the limits of said cities or towns, by exempting all property used for such puri^oses, from municipal taxation for a period not longer than ten years. Sec. 206 was amended by vote of the people, November 6, 1900; and the amendment was inserted in the constitution 64 at the session of the Legislature which met in January, 1902. The section as amended, reads as follows: Sec. 206. There shall be a county common school fund, which shall consist of the poll tax, to be retained in the counties where the same is collected, and a state common school fund, to be taken from the general fund in the state treasury, which together shall be sufficient to maintain the common schools for the term of four months in each scholas- tic year. But any county or separate school district may levy additional tax to maintain its schools for a longer time than the term of four months. The state common school fund shall be distributed among the several counties and sej^arate school districts in proportion to the number of edu- cable children in each, to be determined from data collected through the office of the State Superintendent of Education in the manner to be prescribed by law. Sec. 207. Separate schools shall be maintained for chil- dren of the white and colored races. Sec. 210. No public officer of this State, or any district, count}", city, or town thereof, nor any teacher or trustee of any public school, shall be interested in the sale, proceeds, or profits of any books, apparatus, or furniture to be used in any public school in this State. Penalties shall be provided by law for the violation of this section. Sec. 241. Every male inhabitant of this State, except idiots, insane persons, and Indians not taxed, vffio is a citizen of the United States, twenty-one years old and upwards, who has resided in this state two years, and one year in the election district or in the incorporated city or town in which he offers to vote, and who is duly registered as provided in this article, and who has never been convicted of bribery, burglary, theft, arson, obtaining money or goods under false pretenses, perjury, forgery, embezzlement, or bigamy, and who has paid, on or before the first day of February of the year in which he shall offer to vote, all taxes which may have been legally required of him, and which he has had an oppor- tunity of paying according to law, for the two preceding years, and who shall produce to the officers holding the election satisfactory evidence that he has paid said taxes, is declared to be a qualified elector; but any minister of the gospel in charge of an organized church shall be entitled to vote after six months’ residence in the election district, if otherwise qualified. (1869, Art. VII., sec. 2; and Art. XII., sec. 2.) 65 Sec. 242. The Leg-islatiire shall provide by law for the registration of all persons entitled to vote at any election, and all persons offering to register shall take the following oath or affirmation : “I, , do solemnly swear (or affirm) that I am twenty-one years old (or I will be before the next election in this county), and that I will have resided in this State two years and election district of county one year next preceding the ensuing election (or if it be stated in the oath that the persons proposing to reg- ister is a minister of the gospel in charge of an organized church, then it will be sufficient to aver therein two years residence in the State and six months in said election dis- trict), and am now in good faith a resident of the same, and that I am not disqualified from voting by reason of having been convicted of any crime named in the constitution of this State as a disqualification to be an elector ; that I will truly answer all questions propounded to me concerning my antecedents so far as they relate to my right to vote, and also as to my residence before my citizenship in this district; that I will faithfully support the constitution of the United States and of the State of Mississippi, and will bear true faith and allegiance to the same. So help me God.” In registering voters in cities and towns not wholly in one election district, the name of such city or town may be substi- tuted in the oath for the election district. Any willful and corrupt false statement in said affidavit, or in answer to any material question propounded as herein authorized, shall be perjury. (1869, Art. VII., sec. 3.) Sec. 243. A uniform poll-tax of two dollars, to be used in aid of the common schools, and for no other purpose, is hereby imposed on every male inhabitant of this State be- tween the ages of twenty-one and sixty years, except persons who are deaf and dumb or blind, or who are maimed by loss of hand or foot ; said tax to be a lien only upon taxable pro- perty. The Board of Supervisors of any county may, for the purpose of aiding the common schools in that county, in-^ crease the poll-tax in said county, but in no case shall the entire poll-tax exceed in any one year three dollars on each poll. Xo criminal proceedings shall be allowed to enforce the collection of the poll-tax. Sec. 244. On and after the first day of January, A. D. 1892, every elector shall, in addition to the foregoing qualifi- cations, be able to read any section of the constitution of this o-City 66 State; or he shall be able to understand the same when read to him, or give a reasonable interpretation thereof. A new registration shall be made before the next ensuing election after January the first, A. D. 1892. Sec. 2d5. Electors in municipal elections shall possess all the qualifications herein prescribed, and such additional qualifications as may be provided by law. Sec. 265. No person who denies the existence of a Su- preme Being shall hold any office in this State. (1817, Art. VI., sec. 6; 1832, Art. VII., sec. 5; 1869, Art. XII., sec. 3.) Sec. 268. All officers elected or appointed to any office in this State, except judges and members of the Legislature, shall, before entering upon the discharge of their duties there- of, take and subscribe the following oath: “I, do solemnly swear (or affirm) that I will faithfully support the Constitution of the United States and the Constitution of the State of Mississippi, and obey the laws thereof; tliat I am not disqualified from holding the office of ; that I will faithfully discharge the duties of the office upon which I am about to enter. So help me God.” (1817, Art. VI., sec. 1 ; 1832, Art. VII., sec. 1; 1869, Art. XII., sec. 26.) Chapter V. Statutory Provisions Applicable to Cities not Under the Municipal Chapter of the Code. Sec. 80 (79) APPEAL TO CIECUIT COURT FROM BOARD OF SUPERVISORS, MUNICIPAL AUTHORI- TIES, ETC. — Any person aggrieved by a judgment or decis- ion of the Board of Supervisors, or the municipal authorities of a city, town, or village may appeal to the next term of Circuit Court of the county, and may embody the facts and (37 decisions in a bill of exceptions, ^yhicli shall be signed by the person acting as president of the board or of the municipal aathorities; and the clerk thereof shall transmit the bill of exceptions to the Circuit Court on or before the first day of the next succeeding term, or at once if the court be in session, and the court shall hear and determine the same on the case as presented by the bill of exceptions as an appellate court, and shall affirm or reverse the judgment; and if the judgment be reversed, the Circuit Court shall render such judgment as the board or municipal authorities ought to have rendered, and certify the same to the Board of Supervisors or municipal authorities, and costs shall be awarded as in other cases. The Board of Supervisors or municipal authorities may employ counsel to defend such appeals, to be paid out of the county or municipal treasury. Sec. 81 (SO) APPEAL FKOM ASSESSMENT OF TAXES. — Any person aggrieved by a decision of the Board of Supervisors or the municipal authorities of a city, town, or village, as to the assessment of taxes, may, within five days after the adjournment of the meeting at which such decision is made, appeal to the Circuit Court of the county, upon giving bond, with sufficient sureties in double the amount of the matter in dispute, but never less than one hundred dollars, payable to the State, and conditioned to perform the judgment of the Circuit Court, and to be ap- proved b}^ the clerk of such board, who, upon the filing of such bond, shall make a true copy of any papers on file relating to such controversy, and file such copy, certified by him, with said bond, in the office of the clerk of the Circuit Court, on or before its next term; and the controversy shall be tried anew in the Circuit Court at the first term, and be a prefer- ence case, and, if the matter be decided against the person who appealed, judgment shall be rendered on the appeal-bond for damages at the rate of ten per centum on the amount in controversy and all costs. If the matter be decided in favor of the person who appealed, judgment in his favor shall be certified to the Board of Supervisors, or the municipal authorities, as the case may be, which shall conform thereto, and shall ]oay the costs. Sec. 87 (80) APPEALS IN CRIMINAL CASES.— In all cases of conviction of a criminal offense against the laws of the State, by a judgment of a Justice of the Peace, or by the Alayor or Police Justice of a city, town, or village for the violation of an ordinance thereof, an appeal may be taken to the Circuit Court of the county whicli shall stay the judgment appealed from; and the appellant, if sentenced 68 to imprisonment for an offense or to stand committed until his fine and costs shall be paid, may be relieved from such im- prisonment or commitment pending his appeal, by giving bond Avith sufficient resident sureties or one or more guaranty or surety companies authorized to do business in this State, to be approved by the Justice, Mayor or Police Justice, pay- able to the State, in the penalty of not less than one hun- dred dollars nor more than five hundred dollars, to be de- termined by the Justice, Mayor or Police Justice in reference to the grade of the offense, as indicated by the judgment and the ability of the appellant to give 'bond, conditioned to appear before the Circuit Court at the next term after such appeal sliall be taken, to ansAver to the charge against him, and so to continue until disc^aaiged. On his appearance in the Circuit Court the case shall be tried aneAv and be disposed of as other cases pending therein; and on default of such de- fendant a forfeiture shall be entered against him and his sureties. On the trial in the Circuit Court of any case on such appeal, the affidavit charging the offense, and other proceedings may be amended at any time before verdict, so as to bring the merits of the case fairly to trial on the charge intended to be embraced in the affidavit. Sec. 88 (87) APPEALS WITHOUT SUPEKSE- DEAS. — Any person Av^ho shall have been convicted of a crim- inal offense against the laAvs of this State, by the judgment of a Justice of the Peace, or by the Mayor, or Police Justice of a city, toAvn, or Aullage for the violation of an ordinance thereof, Avho by reason of his poverty is not able to giA-e bond as prescribed in the preceding section, may nevertheless appeal from such conviction on his making an affidavit that, by reason of his poverty, he is unable to give bond or other security to obtain such appeal, but the appeal in such case shall not operate as a supersedeas of the judg- ment, nor discharge the appellant from custody, but the judg- ment shall be executed as if an appeal had not been taken, and this shall not affect the trial of the case aneAv in the Circuit Court. Sec. 89 (88) PAPERS TRANSMITTED TO CIR- CUIT CLERK. — The Justice of the Peace, or Mayor, or Police Court from \Affiose judgment convicting of a criminal offense an apj^eal shall be taken, shall at once transmit to the clerk of the Circuit Court the bond taken by him and a certified copy of his record of the case, AAuth all the original papers in the case, as in appeals in chfil cases. If an appeal be taken from a judgment conAUcting of a criminal offense, during a session of the Circuit Court of the county, the 69 transcript and papers shall be returned to, and the case triable at that term of the court, and the bond shall bind the defendant accordingly, and the clerk of the Circuit Court shall docket the case on the State docket, and shall be entitled to like fees as in other cases. The Justice of the Peace, Mayor, or Police Justice shall be liable for the amount of the bond, if he fail to require a good and sufficient one. If the Justice of the Peace shall fail to make up his transcript of the record and transmit the same to the Circuit Clerk within ten days after the appeal bond is given, the Circuit Court shall disallow his court costs in the case. Sec. 91 (93) STATE, COUNTY, MUNICIPALITY, AND PUBLIC OFFICERS MAY APPEAL AYITHOUT BOND. — The State, and any county, city, town or yillage thereof, and the officials representing the State, county, city, town or yillage, in any suit or action, and any State, county, city, town or yillage officer who is a party to any suit or action in his official character, in which suit or action the State, county, city, town, or yillage is beneficially interested, and the seyeral incorporated charitable or educational institu- tions established and maintained by the State, shall be en- titled to appeal from judgment, decree, decision, or order of any court or judge, from which an a|3peal may be taken, without giving an appeal-bond; and in such a case, if an appeal bond would operate as a supersedeas, in favor of a private person, the appeal, without a bond, shall have the same effect in the cases herein provided for; and this provision shall apply to all the courts of the State. Sec. 926 (855) The same; authorities to regulate tele- graph and telephone lines. — The board of supervisors of any county, and the authorities of any city,town or village through which any telegraph or telephone line may pass, shall have jDOwer to regulate, within their respective limits, the manner in which the same shall be constructed and maintained, with a view to the safe and convenient use of the public high- ways and streets; and if the proprietors of any telegraph or telephone line refuse or omit to comply with such regula- tions, the board of supervisors, or the authorities of the city, town, or village, may cause such line to be abated within its jurisdiction as a nuisance. Sec. 927 (856) The same; damages, etc. — Telegraph and telephone companies or associations shall be responsible for any damages which any person shall sustain by the erec- tion, continuance, and use of such line and the fixtures there- of; and in any action for the recovery thereof brought by any owner or possessor of land over or along Avhich such 70 line may run, damages shall be assessed for the permanent continuance of such line and fixtures, and on payment there- of the right to continue and use such line and fixtures shall exist as if by leave and license of the owner of the land. Sec. 2283 (2098). Inspectors of food appointed. The board of supervisors of every county, and the mayor and board of aldermen of every city, town, and village, respec- tively, may appoint and commission a suitable person to be inspector of food, and said boards may direct, from time to time, what kinds of food shall be inspected. Sec. 3909 (3412) Restrictions on taxation of privileges, etc. Tlie privilege tax, as above proviucd, shall not be taxed by the board of supervisors of any county; nor shall they be subject to taxation by any municipality to an amount exceed- ing fifty per centum of the tax specified, unless expressly pro- vided for by law, and a tax shall not Ibe levied by a county or municipal authority on the privilege tax imposed on insur- ance comi)anies, telegraph, express, or sleeping-car companies, building and loan associations and commercial agency, which shall pay the tax levied as above to the state treasurer, and re- ceive license from the auditor of public accounts. Sec. 3440 (3055) APPLICATION OF THE CHAPTER. The provisions of this chapter (municipal chapter) shall not apply to any existing municipality in the State to w^hich at the date of the adoption of this chapter the provisions of chapter 93 of the annotated code of Mississippi for 1892 were not apj)licable, unless by a majority vote of the electors therein, cast at a general or special election held for the purpose, it be determined to come under the operation of this chapter. Such election shall be ordered and held by the municipal au- thorities on the petition of one-fourth of the electors, notice thereof being given as of other elections. At such election, those favoring the operation of the chapter as applicable to the municipality shall have w^ritten or printed on their ballots, “For the code provisions,” and those opposed, “Against the code provisions.” If a majority of the legal votes cast ■are in favor of adopting the code provisions then the muni- cipality shall be subject to and governed by all the pro- visions of this chapter, and the result of the election shall be certified to the secretary of state, wdio shall make a record of same in his office. If a majority of the votes cast shall be against the code provisions, the municipal authorities shall so enter of record, and another election submitting the ques- tion shall not be held in two years thereafter. After the rejection of the provisions of this chapter by a municipality, 71 and until its acceptance thereof as herein provided, the cor- porate powers, rights and franchises thereof shall be and re- main as now provided b}- law. Sec. 3444 (3089). HOW CHARTER OF MUNICI- PALITY NOW EXISTING MAY BE xAMENDED (Laws 1900, ch. G9). — Mdien a municipality now existing, which has not come under the provisions of this chapter, but is governed by an independent charter, shall desire to amend its charter, the same may be done in this way: The mayor and board of aldermen, city council, or municipal authority, by whatever name known, may prepare, in writing, the desired amendment or amendments and have the same published for three weeks in a newsjDaper published in the municipality, if there be one, and, if none, then by posting for said time in at least three public places therein, after which the proposed amendment or amendments shall be submitted to the governor, who shall submit the same to the attorney-general for his opinion. If the attorney-general be of the opinion that the proposed amendment or amendments are consistent with the constitu- tion and laws of the United States and of the constitution of this State, even though inconsistent with the provisions of this chapter, the governor shall approve the proposed amend- ment or amendments. If, after publication mad-^, one-tenth of the qualified electors of the municipality shall protest against the proposed amendments, or any of them, the gov- ernor shall not approve the ones protested against until they shall be submitted to and ratified by a majority of the electors of the municipality. Amendments, when approved by the governor, shall be recorded, at the expense of the municipality, in the office of the Secretary of State, and upon the records of the mayor and board of aldermen, and when so recorded, shall have the force and effect of law. A muni- cipality not governed by this chapter may change its cor- porate limits under the provisions of this chapter. 72 Chapter VI. Code 1906 Sections : Sec. 3441 (3036) CERTAIN SECTIONS APPLICA- BLE TO ALL MUNICIPALITIES.— The following sec- tions of this chapter shall apply to all cities, towns and vil- lages from and after it becomes operative, viz: The section numbered 3319, entitled, “Third. Nuisances and cognate mat- ters;” the section numbered 3329, entitled “Thirteenth. Police regulations;” the section numbered 3345, entitled “Twenty- ninth. To erect and maintain a municipal prison and to regulate the keeping of the same and the prisoners therein;” the section numbered 3350, entitled “Thirty-fourth. May prescribe maximum rates and charges for water, light or gas;” the section numbered 3351, entitled “Thirty-fifth. To cause enumeration of inhabitants to be made;” the section numbered 3388, entitled “The same, special meetings;” the section numbered 3430, entitled “Statements to be published; penalty for increasing expenditures;” the section numbered 3431, entitled “Penalty for unauthorized appropriations;” the section numbered 3432, entitled “The clerk to be auditor;” and the section numbered 3433, entitled^‘Election, who entitled to register and vote.” Section 3301 “Limits and boundaries;” section 3337, “Twenty-first. Eminent domains, streets, etc.” Sec. 3319 (2928) Third. NUISANCES AND COG- NATE MATTERS. — To make regulations to secure the gen- eral health of the municipality; to prevent, remove, and abate nuisances; to regulate or prohibit the construction of jirivy-vaults and cess-pools, and to regulate or suppress those already constructed; to compel and regulate the connection of all property with sewers and drains; to suppress hog- pens, slaughter-houses, and stock-yards, or to regulate the same and prescribe and enforce regulations for cleaning and keeping the same in order, and the cleaning and keeping in order of warehouses, stables, alleys, yards, private ways, out- houses and other places where offensive matter is kept or liermitted to accumulate; and to compel and regulate the removal of garbage and filth beyond the corporate limits. Sec. 3329 (2938) Thirteenth. POLICE REGULA- TIONS. — To make all needful police regulations necessary for the preservation of good order and the peace of the muni- cijiality; and to prevent injury to, destruction of, or inter- ference with public or private property; and to adopt ordi- 73 nances prohibiting within the corporate limits the commis- sion of any act which amounts to a misdemeanor under the laws of the state. Sec. 33d5 (2954) Twenty-ninth. TO ERPICT AND MAINTAIN A MUNICIPAL PRISON, AND TO RPIGU- LATE THE KEEPING OF TPIE SAME AND THE PRISONERS THEREIN. — To construct and maintain a municipal prison, and regulate the keeping of same and the prisoners therein; but males and females shall be confined in separate cells or compartments, and also the whites and blacks shall be kept separate; or contract with the board of supervisors, which is empowered in the premises, for the use of the county jail for the use of the municipality; to pro- vide for the working of the streets by municipal prisoners, and to contract with the county for such work by county prisoners, or for the working of county roads by municipal prisoners, or for working same on the county farms. But municipal prisoners shall not be worked on county roads or countv farms except in the county in which the municipality is situated. Sec. 3350. Thirty -fourth. MAY PRESCRIBE MAXI- MUM RATES OR CHARGES FOR WATER, LIGHT, OR GAS (Laws 1904, p. 261). — To prescribe by ordinance maxi- mum rates and charges for the supply of water, electric light or gas furnished by an individual, company or corpora- tion to the municipality and its inhabitants, such rates and charges to be just and reasonable. If the rates and charges prescribed be unjust and unreasonable, they may be reviewed and determined by the chancery court of the county, but the authority hereby granted shall not be construea so as to im- pair the effect or obligation of any valid or binding contract with any water-works company, electric light company or gas company now existing or heretofore made. Sec. 3351 TUrty-fftli. TO CAUSE ENUMERATION OF INHABITANTS TO BE MADE.— The board of mayor and aldermen may, whenever they deem proper, order an enumeration of the inhabitants of the municipality to be made, and may employ a suitable person or persons to niake such enumeration, and may pay a reasonable compensation for such service. Such enumeration shall be ordered and made whenever as many as ten per centum of the qualified electors of the municipality petition therefor. The enumera- tion when so made and approved by the said municipal authorities as correct shall be certified by them to the gov- ernor, as provided l>y section 3308, and shall also be certified by them to the chancery clerk of the county in which the 74 municipality is located. And thereafter in all cases in which the amount of privilege tax is based upon the number of in- habitants, all privilege licenses issued by the sheriff and by the city tax-collector shall be based upon and collected in accordance with the number of inhabitants shown by such enu- meration. The said enumeration shall control in all other cases involving the population of such municipality. Sec. 3388 (2990) THE SAME; SPECIAL MEET- INGS. — The mayor or any two aldermen may, by written notice, call a special meeting of the mayor and board of aldermen for the transaction of important business. The notice must state the time of meeting and distinctly specify the subject-matters of business to be acted upon; it must be signed by the officer or officers calling the meeting, and must be served by the marshal, or any policeman, on the members of the board, including the mayor, who have not signed it, and who can be found personally, at least three hours before the time fixed for the meeting; said notice, with the endorsement of its service, shall be entered on the minutes of the special meeting, and business not specified therein shall not be transacted at the meeting; but a member of the board shall not receive pay for attending a special meeting. Sec. 3430 (3026) STATEMENTS TO BE PUBLISH- ED; PENALTY FOB INCBEASING EXPENDITUBES. — The mayor and board of aldermen shall publish on the first of October, annually, a statement showing the amount of taxes and other moneys collected during the preceding year, giving each source of income, the amount of expendi- tures in detail, stating for what purpose made. The state- ment shall show the resources and indebtedness of the muni- cipality at the beginning of the fiscal year and at its close, and it must be spread on the minutes of the board. If there have been an increase of taxation as compared with the year next preceding, or if the indebtedness of the munici- pality have increased during the year, by contract or by or- dinance participated in or voted for by the mayor and aider- men, unless the increase be authorized by the electors as pro- vided in this chapter, the mayor and aldermen shall be suspended from office, and the governor shall appoint their successors, who shall hold until the next election and quali- fication of officers thereunder. In case of an increase of in- debtedness not so authorized, the mayor and aldermen shall not succeed themselves or each other. In towns or villages of less than one thousand inhabitants the mayor an board of aldermen may have the statement in this section required posted in a conspicuous place in the municipality or published in a newspaper. The other mimicipalities shall cause it to be published in a newspaper, if there be one therein, otherwise it must be posted in at least three public places in the muni- cipality. Sec. 3431. PENALTY FOE UNAUTHORIZED AP- PEOPEIATION. — If a majmr or member of the board of aldermen of a municipality shall knowingly vote for the payment of any claim not authorized by law, he shall be subject to indictment, and upon conviction be fined in a sum not exceeding double the amount of such unlawful claim or appropriation, or may be imprisoned in the county jail for not more than three months, or both such fine and imprison- ment. Sec. 3432 (3027) THE CLERK TO BE AUDITOR.— The clerk shall be the auditor of the municipality. He shall keep a well-bound book, in which he shall enter and preserve accounts of each particular fund, and the accounts of each municipal officer. The treasurer shall not receive money from any source until the same has been reported to the clerk and audited and a receipt-warrant issued therefor. All fines and forfeitures shall be reported by the officer collect- ing the same immediately after such collection, and be paid into the treasury. The books of the auditor shall be subject to inspection by the tax-payers of the municipality at any time during the business hours. Sec. 3433 (3028) ELECTION; WHO ENTITLED TO REGISTER AND VOTE. — Every person who is a qualified elector of the county, who has resided within the corporate limits for one year next before he offers to vote, and who is not in default for taxes due the municipality for the two preceding years, and who has not within two years prior to the election at which he may offer to vote, been convicted of violating within such corporate limits any of the laws of this State, or the municipality, declaring how, when, where and by whom, vinous, alcoholic, malt, intoxicating or spirituous liquors may be sold, shall be entitled to register and vote at all municipal elections. But no person shall be allowed to vote unless he shall be registered in the municipality four months before the election at which he offers to vote. Sec. 3301 (2912a) LIMITS AND BOUNDARIES OF (Laws 1902, ch. 103). — The limits and boundaries of the existing cities or towns shall remain as now established until altered, as herein provided. To enlarge or contract the boundaries of a city or town by adding thereto adjacent unin- corporated territory, or excluding therefrom any part of the 76 incorporated territory of such municipality, it shall be neces- sary for the municipal authorities to pass an ordinance de- fiuins: with certainty the territory which it is proposed to include in or exclude from the corporate limits and also defining the entire boundary as changed. Any two or more cities or towns situated and being adjacent or sufficiently near each other may combine into and become one munici- pality, in which event it shall be necessary for the municipal boards of mayor and aldermen of each of said municipalities so proposing to unite into one municipality to pass an ordi- nance at a regular meeting of said board declaring the in- tention of said city or town to unite with such municipality or municipalities as it is proposed to combine into one muni- cipality, defining with certainty the name of the municipality that shall be so formed and the territory which it includes, when so formed, and the entire boundary thereof; provided, that the provisions of this act shall not apply to towns with a population of less than five hundred, and no cities or towns shall combine into one municipality where their present cor- porate limits are more than three miles apart. Sec. 3337 (2946) Twenty-first. EMINENT DOMAIN; STKEETS, ETC. (Laws 1897, ch. 27). — To exercise the rights of eminent domain in the laying out of streets, avenues, alleys and parks, and in the laying out and construction of levees to j)rotect any municipal corporation from overflow, and in the straightening or widening of streets, or changing the grade thereof, and the construction or repairing of side-walks, sewers and other needed repairs and improvements, and for the purpose of acquiring ownership -and possession of land for public school purposes, and for the purpose of erecting or perfecting a system of levees for the protection of such corporation or its drainage system it may exercise ^he right without as well as within its limits; and this right may be exercised by any corjmration even though not operating under the provisions of this chapter. 77 Chapter VII. Ordinances of a Civil Nature. Board Proceedings. AN ORDINANCE, to provide for the government of the proceedings of the sessions of the Board of Mayor and Aldermen. Be it ordained by the Mayor and Aldermen of the City of Vicksburg, First, That hereafter no person shall be allowed to ad- dress the board, without first obtaining the permission of the same by a majority of the Aldermen present at any meeting, when such application to address the board shall be pre- sented. Second, That no more than one person shall address the Board of Mayor and Aldermen at the same time, and if any person shall interrupt any Aldermen Avhile speaking or any person who has been permitted to address the board, such person 'so interrupting shall be fined for contempt in any sum not exceeding Fifty Dollars and committed until such fine and the costs shall be paid. Be it further ordained. That this ordinance shall take effect and be in force from and after its passage. Ordained August dth, 1876. Approved August 5th, 1876. O. B. P. 18. Sidewalk Ordinance. AN ORDINANCE to provide for the building, renewing or repairing of sidewalks and gutters in the City of Vicksburg. Sec. 1. Be it ordained by the ^layor and Aldermen of the City of Vicksburg. That when it shall appear, that any sidewalk or gutter in the City of Vicksburg fronting on pri- 78 vate property should be built, renewed or repaired with stone, brick or wood, or other material, a resolution shall be adopted by this Board requiring the owner of such property to repair oi’ renew or build the sidewalk, or gutter, fronting such prop- erty with brick (stone or wood) at his own cost, within twenty days; and the City Clerk shall issue a noitce substantially as follows : Vicksburg, Miss., 19.... To Mr Pursuant to a resolution of the Mayor and Aldermen of the City of Vicksburg, adopted on the .... day of 19 . . you are hereby uotitied to repair (renew or rebuild) with brick (stone or wood) the side walk (or gutter, on the side of street in said City fronting your property in lot in square of Unless done within twenty days from date of the service of this notice, the same will be done by the City at the expense of said property. City Clerk. Sec. 2. Be it further ordained. That said City Clerk shall deliver said notices to the City Marshal, who shall en- dorse thereon the date of its receipt by him and he shall within five days after receiving the same, serve it (by himself or a i>oliceman) upon the party to whom it is addressed in one of the following modes : 1st. Upon such party personally by handing him a true copy of such notice. 2nd. If such jiarty cannot be found in the City then by delivering a true copy of such notice to the occupant of v the property mentioned (if occupied) or to the agent of the owner, if he has one in the City. 3rd. If the party to whom the note is addressed or his agent cannot be found in the City and the property is un- occupied, the City Marshal or Policeman shall post a true copy of such notice at some conspicuous place upon such prop- erty. After service of such notice, in one of the foregoing modes, the original shall be endorsed by the person who shall have served the same as follows: Executed this day of 19 ... . City Marshal. B}" Policeman. 79 And said original notice shall then be returned to the City Clerk. Sec. 3. Be it further ordained, That upon the failure or refusal of such owner, his agent, or lessee, to build, renew or repair such sidewalk or gutter, as required by such reso- lution and notice, within the time prescribed and fixed by such notice, the City Marshal, under the direction of the Chairman of the Street Committee, shall have said work done, and shall report, in writing to the City Clerk and to the Assessor and Collector, tlie cost of such work to the City, and such costs when approved by the Chairman of the Street Committee, shall be allowed by this Board and paid out of the City Treasury. Sec. 4. Be it further ordained, That when any such costs have been allowed and made a charge upon the City Treasury as provided above the City Clerk shall endorse said allowance, and the date thereof upon the City Marshals report to him and attach the same to the original notice returned to him by the City Marshal and deliver the whole to the City Assessor and Collector, who shall add the amount of such allowance, with twenty-five per cent damages, to the tax levy upon said property next thereafter to be col- lected and collect the same with said taxes in the same mode and manner provided for the collection of City reve- nue from real estate. All the papers in such matter deliv' ered to the City Assessor and Collector shall be filed and safely kept by him, as evidence of his authority for adding the amount to said City tax on said property. Sec. 5. Be it further ordained that all ordinances or part of ordinances in confict with this ordinance be and they are hereby repealed and that this ordinance shall take effect and be in force from and after its passage. Ordained this iTth day of October, 1881. Approved this 18th day of October, 1881. O. B. p. 136-138. Note. — But the owner of a lot fronting the sidewalk or gutter so built or repaired may pay one fifth of the cost of building, renewing or re- pairing such sidewalk or gutter, in cash, and shall he entitled to an extension of the balance, payable in equal installments, in 1, 2, 3 and 4 years, with interest at the rate of eight per cent, per annum, provided such owner will execute his promissory notes for each of said installments. Said installment notes shall be assessed by the Assessor against the property of the maker fronting or abutting up- on the sidewalk so built, renewed or repaired, and shall constitute a first lien thereon until paid City Charter, Ait. 14, as amended by Ordinance of April 3, 1906. 80 Assessment Ordinance. AN ORDINANCE entitled an “Assessment Ordinance.” Sec. 1. Be it ordained by the Mayor and Aldermen of the City of Vicksburg, That the owner of all taxable prop- erty within the said City, on the first day of February of each year shall be assessed with such property for taxation for such year. Sec. 2. Be it further ordained. That the Assessor and Collector shall apply to each property owner, or his or her agent for a sworn valuation or assessment of property on blanks similar to those prescribed by law, for State and County Assessments, but no neglect to make such personal application shall invalidate any assessment. The Assessor and Collector shall report to the Board of Mayor and Aldermen any under valuation and he shall assess at its proper value any property to whose owner or agent he cannot person- ally apply. See Charter, sec. 30. Sec. 3. Be it further ordained. That the Assessor and Collector shall complete making his lists of property for taxation and assessment on or before the first day of July of each year, and shall, before entering the same on the assessment rolls notify the City Clerk thereof, but no failure to complete said lists at said date shall invalidate any as- sessment. Sec. 4. Be it further ordained. That after such notice to the City Clerk, the Board of Mayor and Aldermen shall review and revise such lists, and reduce or raise the assess- ment according to right and justice. And when said Board shall have completed its work, the City Clerk shall publish a notice once a week for two consecutive weeks in the official paper of the City, notifying the property owners and tax payers of said City that such lists have been revised and that all objections or exceptances thereto must be filed with the City Clerk within twenty days from such first publication. Sec. 5. (As amended September, 1905) Be it further ordained. That after the expiration of such twenty days, the Board of Mayor and Alclermen will consider and pass upon objections and exceptions filed and correct the assess- ment as made by the Assessor and equalize the taxes as far as possible, and thereupon the City Assessor and Col- lector of taxes shall make up his assessment rolls from the list so revised, corrected and equalized, and report the same 81 to the Board of Mayor and Aldermen on or before the first ^londay in October, and said Board shall thereupon approve said rolls and levy the taxes for the fiscal year. But a failure of the Assessor and Collector of taxes, from any cause what- ever, , to make up his assessment rolls and report the same to the Board of Mayor and Aldermen on or before the first ^Monday in October of any year, or the failure of the Board to approve it at that time, shall not have the effect to invali- date said assessment, but the rolls shall be made up and reported to the Board as soon thereafter as practicable, and at a time to be fixed by the Board of Mayor and Aider- men, and may be approved at any time by the Board, and when so reported and approved, the same shall be as valid and binding in all respects as if made up and reported and ap- proved on the first Monday of October, and when approved by the Board of Mayor and Aldermen the taxes for that fiscal year then, or as soon thereafter as practicable, shall be levied according to law. Sec. 6. Be it further ordained. That after the levy of taxes for each year, the City Clerk shall open an account in his office, with the Assessor and Collector, and shall charge him with the total amount of the taxes due the City as shown by the rolls and shall credit liim with all payments of such taxes collected and paid to the Treasurer, and when the time for the payment of taxes without damages shall have expired, he shall charge the Assessor and Collector with ten per cent on the amount of all taxes not then col- lected. Said Clerk shall also credit the Assessor and Col- lector with the proportion of taxes due on any property, the assessment of which may have been reduced by the Board after the opening of said account, and he shall likewise credit him with the Commissions due on taxes collected; as well as with all taxes and damages on property which shall be sold according to law by the Sheriff and Tax Collector of Warren County for City Taxes or for State, County and City Taxes, and also with such penalties as may be remitted by the Board, of ^layor and Aldermen. Sec. 7. Be it further ordained, That this ordinance shall take effect and be in force from and after its passage. Ordained this *20th day of April, 1885. Approved this 21st day of April, 1885. 0. B. p. 165-166 and 470. C-City 82 Registration Ordinance. AN ORDINANCE to provide for the registration of the qualified elect- ors, of tlie City of Vicksburg. Sec. 1. Be it ordained by the Mayor and Aldermen of the City of Vicksburg, That each Ward in the City shall consti- tute, one election district, and that the voting place of the First Ward, shall be the Phoenix Engine house, of the Second Ward, the Constitution Engine house, the Third Ward, Lewis Stable, or near there, the Fourth Ward, the City Hall. Sec. 2. Be it further ordained that the City Clerk shall be ex officio Registrar, and at any time, not within four months of a general election for City Officers he shall register all legal voters of said City at their several voting places, spending not less than one whole day, at said place, and he shall publish three weeks notice of the time and place, when and where he will be present and register the voters of the respective voting j:)laces, he shall preserve the registration books and keep them in his office, as records of the same and he shall deliver the poll books, to the Judges of the Election, in time for every election, and after the election said books shall be returned to the Clerk, and preserved in his office. Sec 3. Be it farther ordained that the City Clerk shall register, on the registration books of the Ward, of the residence of such person any citizen of the State legally entitled to be re- gistered as an elector, on his appearing before him and taking, and inscribing to the following oath or affirmation ; I , do solemly swear (or affirm,) that I am twenty-one years old (or will be before the next City Election) and that I will have resided in this State, two years, and in the Ward of the City of Vicksburg one year, next preceeding the ensuing Elec- tion (or if it be stated in the oath, that the person, proposing to register, is a minister of the Gospel in charge of an organized Church, that it will be sufficient to aver therein two years resi- dence in the State, and six months in said Ward ) and am now in good faith a resident of the same, and that I am not disqual- ified from voting, by reason of having been convicted of any crime named in the Constitution of the State, as a disqualifica- tion to be an elector, that I will truly answer all questions pro- pounded to me concerning my antecedents insofar as they relate to my right to vote, and also as to my residence before my citi- zenship in this Ward, that I Avill faithfully support the Con- stitution of the United States and the State of Mississippi, and 83 will bear true faith, and allegiance to the same so help me God; Avhicli oath shall he printed at the top of the page of the Regis- tration Books. Sec. 4. Beit further ordained, That no person shall he reg- istered for any other Ward, than that in which he resides at the time, and when a registered elector shall change his resi- dence, to another Ward, the City Clerk, shall on his applica- tion, erase his name from the register of the Ward from which he has been removed, and place it on that of his present resi- dence, provided such application he made five days before an election. Sec. 5. Be it further ordained that the City Clerk, shall also make and keep in his office, an alphabetical list of the qualified voters of each Ward. See. 6. Be it further ordained that no person who has been convicted of Bribery, Burglary, Theft, Arson, obtaining goods under false pretenses. Perjury, Forgery, Embezzlement, or Bigamy, shall be registered unless pardoned. And if registered his name shall be erased from the Books. Sec. 7. Be it further ordained that the City Clerk, by pro- per statement, to be made to the Mayor and Aldermen at each meeting to be held under the next section of this’Ordinance, in - form said board of the names of all registered voters of this City who have died, removed from the City, become otherwise disqualified, so far as the same comes to his knowledge or in- formation. Sec. 8. Be it further ordained that prior to any regular or special Election the Board of Mayor and Aldermen of the City of Vicksburg, shall meet and revise the Registration Books, erasing the names therefrom of all registered persons who have died, removed from the City or become otherwise disqualified, as well as names improperly on the registration Books, and they shall register persons who have been improper- ly refused registration by the City Clerk, on the application of such person. Sec. 9. Be it further ordained that no person shall be per- mitted to vote at any City Election, unless he has been regis- tered as above provided for . Sec. 10. Be it further ordained, that for his services as registrar, for day in each Ward, as herein provided for, the City Clerk, shall be allowed, the sum of Five Dollars each day so occupied. 84 Sec. 11. Be it ordained That all ordinances or parts of Ordinances in conflict with this Ordinance, be and the same are hereby rei>ealed. Sec. 12. Be it further ordained That this ordinance take effect and be in force from and after its passage. Ordained this 21st day of June, 1892. Approved this 22nd day of June, 1892. 0. B. p. 171-173. Pearl Street Switch Ordinance. AN ORDINANCE to grant permission to the Vicksburg and Meridian Railroad Company to build a switch on Pearl street. Sec. 1. Be it ordained by the Mayor and Aldermen of the City of Vicksburg, That the permission and right to con- struct and build a railroad switch on Pearl street granted to and conferred upon the Vicksburg Compress Company by an Ordinance entitled “An ordinance to grant permission to the Vicksburg Com23ress Company to build switches on Mulberry and Pearl streets,” Approved June 10th, 1882, be and the same is hereby granted, to the Vicksburg and Meridian Bailroad Company subject to all restrictions and requirements of said Ordinancs, and provided if said switch is built by said Pail Road Company it shall be in the place and stead, of thal one authorized to be laid by said Compress Company under the ordinance aforesaid. Sec. 2. Be it further ordained that this ordinance shall take effect when assented to by resolution of the Board of Di- rectors of said Compress Company and when accepted in writ- ing hereon, by the proper officers of the said Vicksburg and Meridian Rail Road Company for said Company. Ordained this I7th day of July 1882 Approved this 18th day of July, 1882. 0. B. p. 139. Acceptance 0. B. p. 142. Mulberry and Pearl Streets Switches. AN ORDINANCE to grant permission to the Vicksburg Compreis Com- pany to build switches on Mulberry and Pearl streets. Sec". 1. Be it ordained by the Mayor and Aldermen of the City of Vicksburg that the right and permission be and is hereby granted to the Vicksburg Compress Co. to build and 85 maintain a railroad switch from the northeast corner of Sq. 22 in Pinkardia soutliAvardly along iNIulberry St. to connec- tion with the track of the Vicksburg and Meridian K. P. Co. and another R. 11. switch from the nortn-Avest corner of said square soutliAA^ard along Pearl St. to connect AAuth the track of the Vicksburg and Meridian R. R. Co at or near Klein St. Sec. 2. Be it further ordained that said track on Pearl St. shall be built northward from its connection with the tracks of the said R. R. Co. up the center of said Pearl St. un- til it is necessary to deviate from such center to enter or go along side of Sq. 22. Sec. 3. Be it further ordained that said switch shall be constructed on a level Avith the surface of the ground so as to be easily crossed at any point and so as not to impede the legi- timate use of said street for travel on foot or Avith A^ehicles and the same shall be graveled or planked and said Compress Co. shall keep in good repair the said street inside of its said tracks as Avell as a distance of three feet on each side thereof. Sec. 4. Be it further ordained that if the Mayor and Al- dermen of said City shall at any time change or alter the grade of said street or either of them the said Compress Co. shall change or alter their switches on such street to conform thereto. Sec. 5. Be it further ordained that if the said Compress Co. shall at any time suffer to be out of repair either of said SAvitches or any portion of said streets which should be kept in repair by it or shall fail to comply Avith any of the provisions of this ordinance the said Mayor and Aldermen of the City of Vicksburg may cause such repairs to be made or other thing to be done at the expense of said Compress Co. and may recover from it by proper action the expenses, costs, charges and dam- ages thereof or the said Board may by proper proceedings against said Co. compel such repairs to be made or such other tilings to be done according to this ordinance or may recover damages for such neglect of duty by said Co. Sec. G. Be it further ordained that before taking any steps under this ordinance the Board of Directors of said Com- press Co. shall pass a resolution accepting this ordinance and binding them to its terms and authorizing and directing its President to accept the same and bind said Co. to its terms in Avriting upon this the original ordinance Avhich acceptance shall be recorded Avith this ordinance. Ordained this 9th day of June, 1882. 0. B. pp. 139-140-141. 86 ACCEPTANCE. Office of the Vicksburg Compress Co. Vicksburg, Miss., June 10th, 1882. By authority of the Board of Directors of the Vicksburg Compress Co. I hereby accept this ordinance and do bind said Co. to its terms in accordance with section six of the same. LEE KICHAKDSON, President. Attest, G. W. HOWARD, Secretary. AN ORDINANCE, Entitled An Ordinance to grant the right of way to the M. & V. R. R. Co. over and along certain streets and lands in the city of Vicksburg. Section 1. Be it ordained by the Mayor and Aldermen of the City of Vicksburg that subject to the conditions hereinafter mentioned the right of ’ d is hereby granted to the M. the City of Vicksburg as follows: commencing at the intersec- tion of Glass Bayou and Washington St. to the south-west cor- ner of First East street thence through and over any streets or lands owned by the city of Vicksburg west of Washington St. to the conjunction of Mulberry and Levee St. and thence down Levee and Water Streets to the southern boundary line of said City; and in building and laying its tracks said rail- road company is authorized so far as this Board can grant such authority to close First East St. Second East, Jackson and- Grove St. from Washington street to the river and to place as many tracks as may be necessary across China St. between Mulberry and Levee Sts. Sec. 2. Be it further ordained That said R. R. Co. is hereby authorized and empoAvered to construct its said R. R. through and uj>on the line designated in the preceeding section and for such purposes may cross all streets intersecting said line, put down such cross ties, rails and other material and do and perform such other things as may be necessary in the construction of said R. R. over said lines. Sec. 3. Be it further ordained that said R. R. Co. is here- by authorized and empowered after the construction of its said R. R. over the lines above designated to use and operate the Right of Way to M. & V. R. R. Co. & V. R. R. Co., over certain streets and lands in 87 same for the transportation of freight and passengers and to that end may use steam, horse, or other po^Yer as said Co. may determine. Sec. d. Be it further ordained that said R. R. Co. shall nse the right of way hereby conferred so as not necessarily to obstruct or hinder the use of a like grant to any other R. R. Corporation that may have hertofore been conferred by this Board, nor shall the right and privilege hereby granted tosaid R. R. Co., be construed as exclusive in them but this Board re- serves the right to grant like privileges to other R. R. Com- panies so that further grants do not necessarily obstruct the use and enjoyment of what is hereby granted. Sec. 5. Be it further ordained that said R. R. Co. in con- structing its said road over said streets and along said streets hereinbefore designated shall not alter the grade of said streets at any point unless first authorized by resolntion or or- dinance of this Board. Sec. G. Be it further ordained that the rights and privil- eges hereby granted and conferred upon the following condi- tions : That said R. R. Co., shall locate, build and keep its freight and passenger depots in said City north of Clay St. and shall complete their road beds and tracks and have cars running over the same from -the northern boundary line of Sharkey County through the City of Vicksburg to the town of Port Gibson, Miss., within one year from the date of this ordinance and shall build its tracks on a level with the grade of the streets along which said tracks may be placed or which may be intersected by them and shall build and keep in constant repair at the several street crossings where the line of said road shall intersect the streets such approaches and crossings of lumber or other ma- terial to the full width of the street intersected by said R. R. as shall afford easy -and convenient passage . for vehicles across said R. R. and shall construct and keep in constant repair and good order a proper sewer or gutter for drainage under said track on each side of such street intersected by said R. R. and shall likewise construct and keep in good repair sewers or gut- ters for drainage at the tracks or embankment at the streets hereinbefore authorized to be closed and shall keep the streets along where and across which its tracks shall be constructed so placed between the rails and for a distance on either side of six feet with plank, gravel or other proper material that said tracks may be easily crossed by vehicles at any ])oint and shall generally so construct use and operate said R. R. as not to 88 necessarily incomode or impede -the public upon and the ordi- nary uses of the street along where and across which said tracks shall be constructed. Sec. 7. Be it further ordained that if said K. R. Co. should fail to build and keep its freight and passenger depot in the City north of Clay St. and shall fail to have its road beds and tracks completed and cars running over the same from the northern boundary line of Sharkey County through the City of Vicksburg to the town of Port Gibson, Miss., within one year from the date of this ordinance. Then the rights and privileges hereby granted shall cease and determine and re- vert to the City of Vicksburg. Sec. 8. Be it further ordained that if said R. R. Co. shall fail to perform any of the duties required of it by this ordi- nance it or any Co. into which this Co. may be consolidated shall be liable for any damages caused thereby to the City of Vicksburg or any individual or corporation and this Board may cause the necessary work to be done in the premises at the cost and expense of said Co. or consolidated company, so neglecting the said duties, or any of them may be fined in any proper amount on conviction in the City Court. Sec. 9. Be it further ordained that this ordinance shall take efi'ect when the proper officers of said R. R. Co. duly au- thorized by resolution of its Board of Directors shall accept the same in writing hereon accompanied with certified copies of said resolution. Sec. 10. Be it further ordained that nothing in this ordi- nance shall be so construed as to deprive the City of the right of the river front for steamboat landing and all public uses extending southward from the south side of Grove St. as far as the property of the City extends. That said M. & V. R. R. Co. or any consolidated Co. formed of this Co. are hereby giv- en the right and privilege wdthout any further action of this Board to raise the grade of Levee and Water Streets above the high water mark of 1882. Sec. 11. Be it further ordained that this ordinance shall be in lieu of the ordinance adopted Aug. 3rd, 1882 entitled an ordinance to grant the right of w-ay to the M. & Y. R. R. Co. and the M. V. and S. I. R. R. Co. over and along certain streets and lands in the City of Vicksburg and all ordinances or parts of ordinances in conflict with this ordinance be and the same are herel\y repealed. Ordained this 5th day of Sept. 1882. 0. B. pp. 98-9-100-101. Acceptance 0. B. p. 102. 89 Amendment to Ordinance Granting Right of Way to the M. & V. Railroad Company. AN ORDINANCE to amend An Ordinance entitled An Ordinance to grant tiie riglit of way to the M. & V. K. R. Co. over and along certain streets and lands in the City of Vicksburg, adopted Septem- ber 5th, 1882. Section 1. Be it ordained by the Ma 3 ^or and Aldermen of the City of Vicksburg That section 1 of an Ordinance entitled an ordinance to grant the right of way to the M. & V. R. R. Co. over and along certain streets and lands in the City of A^icksburg approved Sept. 5th 1882 be and the same is here- by" repealed, and in lien thereof it is hereby ordained that sub- ject to the conditions mentioned in said ordinance and the amendment thereto the right of way be and is hereby granted to said R. R. Co. from the junction of Glass Bayou and the lake (formerly the Mississippi river) along west of Washing- ton St. to the conjunction of Mulberry and Levee streets and thence down Levee and Water streets to the southern boundary line of said City but so as not to interfere with the use of the river or laive front for steamboat landings and public uses ex- tending southward from the mouth of the Glass Bayou as far as the property of the City extends. Sec. 2. Be it further ordained That section five of the aforesaid ordinance be amended so as to read as follows: That the official grade of said Levee St. be and is hereby established according to a survey plat and profile in the office of the City Clerk made by IV. Porterfield C. E. on July 23rd 1883 to wit : Beginning at the south line of Crawford St. with an elevation of seA^en feet above the high Avater mark of 1882 Avhich is 48.75 feet and thence north along Levee St. Avith a decending grade of one foot in one hundred feet for a distance of seven hun- dred feet, thence north Avith a level grade for four hundred feet and thence Avith an ascending grade of two-tentlis (2-10) of one foot in one hundred feet to the northern line of the City ; and beginning at the south line of CraAvford St. and running south Avith a level grade for one hundred feet thence Avitli a de- cending grade of eight-tenths (8-10) of one foot in one hun- dred feet for a distance of four hundred feet; thence Avitli a level grade to the south line of Depot St. a distance of 950 feet, thence soutliAvard Avith a descending grade of 1-2 of one foot in one hundred feet for a distance of six hundred feet thence Avith a level grade to the south line of said City, 90 Sec. 3. Be it further ordained that so far as this Board possesses the right and power to grant such authority the said R. R. Co. be and is hereby authorized to reduce said street to the aforesaid grade and construct its track along the same provided the said R. R. Co. shall properly gravel the said street with not less than ten inches of gravel in depth in its whole width southward from the north line of China St. as far as it shall lay its track thereon which track shall be laid even with the surface of said gravel so that the same may be readily crossed by vehicles at any point. Sec. 4. Be it further ordained that in reducing said street to said grade and in constructing its tracks along the same, said R. R. Co. shall construct on each side of every cross street a covered cross drain across the street under its track to be built of brick nine square feet across sectional area and shall also construct and open a drain of brick along and in front of each square on the east side of Levee St. from China St. to Depot St. to and on the west side of Levee St. from Clay St. to South St. of sufficient size to drain the street. Sec. 5. Be it further ordained that said R. R. Co. shall properly bring the grades of all the cross streets to the afore said grade of Levee St. at the point of intersection and to a proper distance on each side of Levee St. and shall properly construct along each side of said cross streets both east and Avest of Levee St. brick gutters to connect the mouth of the aforesaid cross-drains with the present gutters on said streets and if it is not practicable to connect Avith said gutters Avest of Levee St. said company shall continue said gutters to the lake or river. Sec. C). Be it further ordained that all of the afore said Avork shall be done by said R. R. Co. at its own proper cost and expense Avithout any charges or expenses to the City of Vicks- burg, and said company or any company into which it may be consolidated shall always maintain and keep in proper repair the aforesaid cross drains and the said Levee street with the graA^el thereon subject to the conditions, right, penalties, and remedies prescribed in section eight of the aforesaid ordi- nance. Sec. 7. Be it further ordained that section six and seA^en of the aforesaid ordinance be so amended that the Avords one year shall read eighteen months. Sec. 8. Be it further ordained that section 10 of the afore- said ordinance be and the same is hereby repealed and in lieu 91 thereof it is hereby ordained that nothing in said ordinance or in this amendment thereto shall be so construed as to deprive the City of the rights and uses of the river front and the lake front for steamboat landings and all public uses extending southward from the month of Glass Bayou as far as the prop- erty of the City extends. Sec. 9. Be it further ordained that all rights and priv- ileges hereinbefore conferred on and granted to the said M. & V. K. K. Co. be and are hereby conferred on the M. V. & S. I. R. K. Co. subject to the same limitations duties and penalties imposed on said first-named Co. with this further proviso that only one track shall be constructed along said Levee St. by said R. R. Co. the same to be used by either or both of said companies, or by any company into which said companies may be consolidated. Sec. 10. Be it further ordained that all ordinances and parts of ordinances in conflict Avith this ordinance be and are hereby repealed and that this ordinance shall take effect as to each of said R. R. Co.’s when the proper officers hereof shall ac- ce^^t the same in writing. Sec. 11. Be it further ordained that if any damage shall be done to any aAvning side walk or gutter of any property owner on Levee street by reason of the grading of said street as above provided that the said awning, side walk or gutter shall be put in like condition as it was before said grading by the said R. R. Co. at its own expense. Sec. 12. Be it further ordained that the said R. R. Co.’s shall not run their trains on Levee St. at a greater speed than six miles an hour. Ordained this 27th day of July, 1883. O. B. pp. 101-5-6. Telephone Ordinance. AX ORDINANCE to grant the right of way through the streets to the Great Southern Telephone and Telegraph Company. Sec. 1. Be it ordained by the Mayor and Aldermen of the City of Vicksburg, that the following agreement be and the same is hereby made and entered into between said City on the 92 one part, and the Great Southern Telephone and Telegrapli Company, engaged in business in said City on the other part to-wit : In consideration that said Telephone & Telegraph Com- pany shall, during the period of time herein after proAuded for, furnish to said City, for use AAuthin said City the free use of Six Telephone instruments and AAures, to be kept by said Company in good Avorking order and connected AAuth the Tele- phone Exchange in said City, said instruments and AAures to be fixed, at such places as the City may designate. The City on its part, first, grants to said Telephone Com- pany the permanent right of AA^ay to erect its posts along the streets of said City, for the purpose of placing its Avires there- on, the City to direct Avhere along said streets said posts are to be placed, so as to preA^ent interference AAuth traA^el as far as practicable ; Secondly, said City agrees to exempt said Company from all City taxes of every kind, for the period of ten years for and during Avhich time this agreement as to such exemption and the furnishing said Telephones, Avire and Instruments, is to be in force. Note, — This section has been modified and the company now gives the city 3 per cent, of its gross receipts and as many telephones as the city wants at 70 per cent, of the regular price. Sec. 2. It is further ordained and agreed. That should the State of Mississippi by legislative Act, impose any priAul- ege or other special tax upon Telephone Companies doing bus- iness in said State, before the expiration of said ten years and also exempt them from local taxation, of the same character, or should any Board of Mayor and Aldermen, of the City here- after elected, disregard this agreement or act counter to its terms during the time aforesaid, or should the present laAvs of the State, imposing Privilege Tax on Telephone Companies be held or construed to extend to and embrace Telephone Com- panies, as to such priAulege Tax, and exempt them from local Taxation of the same character Avhich holding or construc- tion to be the Courts of the land or Judges of the Supreme Court of Mississippi Avho it is agreed may decide the ques- tion as Arbitrators should, said Telephone Company be call- ed upon for such Privilege Tax, then it shall be at the option of said Telephone Company to discontinue this agreement as far as it requires them furnish and proAude said Six Tele- phones instruments and Avires free, and in exercising such op- tion, said City shall thereb}^ be released from its agreement exempting’ said Company from Taxation provided, said Com-^ pany shall give said City thirty days notice in writing of such purpose to discontinue as aforesaid. Sec. 3. Be it further ordained That the Mayor of said City is authorized and so directed to enter into a written contract on behalf of said City, with said Telephone Company embodying the foregoing agreement and also embodying the acceptance of said Company of the terms and stipnlations of this Ordinance as constituting an agreement. Sec. 4. Be it further ordained That this ordinance shall take effect from and after its passage. Ordained this 11th day of Jnly 1884 Approved this 12th day of Jnly 1884 0. B. p. 145. L., N. O. & T. Switch Ordinance. AX ORDINx\XCE granting permission to the Louisville, New Orleans and Texas Railway Company to build a switch on Levee and Water streets, to the building of the Vicksburg Manufacturing Company and into Walker’s Survey. Sec. 1. Be it ordained by the Mayor and Aldermen of the City of Yicksbnrg That the Louisville New Orleans and Texas Kailway Company be and are hereby authorized to build and maintain a rail road switch from its track on Levee and Water streets to the building of the Vicksburg Manu- facturing Company, and into 4Valkers survey crossing Depot street if deemed proper by said Railway company. Sec. 2. Be it further Ordained that said switch shall be constructed on a level with the ground so as to be easily crossed at uny point, and so as not to impede the legitimate use of said street for travel on foot or with vehicle, and the same shall be gravelled or planked by said Railway Company, and said Railway Company shall keep in good repair said streets inside of its said track and for a distance of three feet each side (thereof. Sec. 3. Be it further ordained that if the Mayor and Al- dermen of said City shall at any time change or alter the grade of said street or either of them the said Itailway Com- pany shall change or alter their switch on such street to con- form thereto. 94 Sec. 4. Be it further ordained That if said Kailway Company shall at any time suffer said switch or the street within the rails or for .a distance of three feet on either side thereof to be out of repair or shall fail to comply Avith any of the jorovisions of this ordinance the Mayor and Al- dermen of the City of Vicksburg may cause the proper re- pairs to be made or other things to be done at the expense of said Railway Company and may recover by proper action the ex]3enses costs and damages thereof, or may by proper pro- ceedings compel said Railway Company to make such repair or to do such other things, according to this ordinance or may recover damages for such neglect of duty by said Com- pany. Sec. 5. Be it further ordained that before taking any steps under this ordinance the Board of Directors of said Rail- AA\ay Company shall accept this ordinance and bind said Com- pany to its terms. Sec. C). Be it further Ordained That this ordinance shall take effect and be in force Avhen such acceptance shall be in- dorsed hereon. Ordained this 3rd day of Dec. 1884. Approved this 4th day of Dec. 1884. O. B. pp. 147-8. V. & M. Switches. AN ORDINANCE granting to Vicksburg & Meridian Railroad Company the right and privileges of laying certain switches. Sec. 1. Be it ordained by the Mayor and Aldermen of the City of Vicksburg, That the right of Avay be and is here- by granted to the Vicksburg and Meridian R. R. Company across Depot street, beDveen Washington and Mulberry Streets, and in and along the East side of Mulberry Street from South Madison Street to a point where said Company’s present track crosses said street for the purpose of laying tAvo switches as follows; one across said Depot street, between Washington and Mulberry street from their existing track, in- to tlieir freight depot and the other from some point iu said Mulberry street Avhere said present track crosses said street in and along the East Side of said Mulberry Street, across said Depot street and along the West side of Square fifteen 95 (15) of Pincardia. along the West side of said Depot to South Madison street, using for said purpose the space iininediately AVest of said Depot heretofore left for a sidewalk. Sec. 2. Be it further ordained that said Railroad Com- pany shall lay their said switches in Mulberry Street and across Depot Street even with the surface and so as not to ob- struct or impede travel thereon, and shall construct the sur- face between the rails, and for a distance of three teet on each side of said track of plank or gravel even with the top of the rails and shall always keep the same in proper re- pair. Sec. 3. Be it further ordained that if said Company or any Company which may own or use said switches, shall fail to construct the same as aforesaid or shall fail to make and keep in repair the surface of the track as aforesaid, such Company shall be liable for any damage that may be caused thereby, and the necesasry work may be done by the Mayor and Aldermen of the City of Vicksburg at the cost and ex- pense of such Company, and the amount paid therefor, with twenty-five per cent damages thereon may be recovered from such Company by the proper City officers, by suit in any Court of Competent Jurisdiction. Sec. 4. Be it further ordained That if said Company shall fail or refuse to make such repairs, within ten days af- ter notice thereof, such Company may be fined by the City Court in a sum not exceeding Twenty five dollars, which fine may be collected by execution, and every succeeding ten days shall constitute a new and separate default for which a like fine may be imposed and collected. Sec. 5. Be it further ordained that this ordinance take efiect as soon as the same shall have been assented and agreed to by said Company in writing, which shall be by a resolution of its Board of Directors, a certified copy of which, attached to this ordinance, shall be by it filed with the City Clerk. Ordained this 6th day of July 1885. Approved this 7th day of July, 1885. O. B. p. 160-1. Acceptance 0. B. p. 161. 96 A. & V. to Change Track on Pearl Street. AN ORDINANCE to grant permission to the Alabama and Vicksburg Railway Company to change the location of its track on Pearl street. Sec. 1. Be it ordained by the Mayor and Aldermen of the City of Vicksburg that the Alabama and Vicksburg Railway Company, its successors and assigns, be and they are hereby granted authority and permission to change its side track or switch leading from Klein street north along Pearl street to Depot Street and to re-locate the same further east, and when so re-located to operate and maintain the same, and said re- location may be made, if decided upon, by the said Alabama and Vicksburg Railway Company upon or along all or any portion of what would be the sidewalk on the east side of Pearl Street. Ordained this 21st day of September 1896. Approved this 22d day of September, 1896. 0. B. p. 325. Water Works Ordinance. AN ORDINANCE to provide for a supply of water to the City of Vicks- burg, in Warren County, Mississippi, and to its inhabitants con- tracting with Samuel R. Bullock and Company, their associates, suc- cessors, and assigns, for a supply of water, for public use ; and giving the said City of Vicksburg an option to purchase the said works. Be it ordained by the Mayor and Aldermen of the City of Vicksburg. Sec. 1. That in consideration of the public benefit to be derived therefrom, the exclusive right and privilege is hereby granted for the period of (30) years from the time this ordinance takes effect unto Samuel R. Bullock and Company their associates successors and assigns, of erecting, maintain- ing and operating a system of Water Works, in accordance with the terms and provisions of this Ordinance and of the Streets, alleys. Public Squares, and other public places with- in the corporate limits of the City of Vicksburg, Mississippi as they now exist, or may hereafter be extended and within such other territory, as may now or hereafter be under its jurisdiction, for the purpose of laying pipes, mains and oth- er conduits and erecting hydrants and other apparatus for 97 conducting and fnrnisliing an adequate supply of good wholesome water to the City of Vicksburg Mississippi and to its inhabitants, for public and private use and for making re- pairs, and extensions -to the said system from time to time during the period in which this Ordinance shall be in force. The said Samuel K. Bullock and Company their associates, successors and assigns, shall exercise the greatest care and dili- gence in the use of the said streets, alleys, public squares, and other public places and shall cause no unnecessary obstructions of and interruptions to the public travel over or upon the same, or any injury to or interference with any pipes, mains, or sewers which may now be lawfully located beneath the sur- face thereof. The said Samuel R. Bullock and Company, their asso- ciates successors and assigns, shall take every precaution, against danger to property, life and limb by reason of the ex- ercise of the rights and privilege hereby granted, and shall cause all excavations and obstructions to be properly lighted and guarded at night, and after the completion of the pur- poses for which the said streets alleys, public squares, and oth- er public places may be used they shall be restored to their former condition, as near as may be without unnecessary delay, and they shall at their own cost and expense relay their mains and pipes when made necessary by a change of grade in any street ordered by the Board of Mayor and Al- dermen of said City, if there was no established grade for such street at the time said mains and pipes were laid. On failure to restore said streets, alleys, public squares and othei public places, as aforesaid, the Mayor and Aldermen of the City of Vicksburg, may, on reasonable notice to them by any City officer, cause the same to be so restored, and recover the costs and expense thereof from the said Samuel R. Bullock & Co., their asociates, successors and assigns in any Court having Jurisdiction of the amount. The said Samuel R. Bullock and Company their As- sociates successors and assigns hereby agree to hold the Mayor and Aldermen of the City of Vicksburg, from any liability which may result to it by reason of any violation of this Sec- tion. Sec. 2. The general plan of the said system of Water Works shall be as follows : MAIXS, The pipe system shall consist of not less than (12) miles of mains of sizes varying from sixteen (10) in- ches to six (0) inches in diameter. The pipes used shall be 7-City 98 of the best quality of cast Iron pipe, and each pij^e shall be tested at its place of manufacture to a pressure of three hundred (300) pounds to the square inch. All pipes shall be coated with Dr. Angus Smiths preservative varnish and shall be laid and jointed by competent mechanics and in the best possible manner. The streets along which and at what point, said mains shall be laid, shall be first designated by the Board of Mayor and Aldermen of the City of Vicksburg. HYDE ANTS. The Hydrants shall be double nozzle Fire Hydrants with nozzle fitted to connect with the hose couplings now in use by the Fire Department of said City of Vicksburg. The Board of Mayor and Aldermen of the City of Vicksburg shall within thirty (30) days from the date of the final pas- sage of this ordinance designate the points on the line of the distributing mains at which the Hydrants shall be erected. GATES AND VALVES. All necessary gates and valves shall be provided and located at such points on the lines of the mains as will enable certain districts to be cut off and isolated when repairs are needed without depriving other districts of their full supply. PUMPS. The pumping plant shall consist of two pump- ing Engines each capable of pumpmg two millions (2,000,000) of gallons of water per day of twenty four hours against the pressure needed to supply all parts of the pipe system with an abundant supply of water. They shall be so arranged as to be operated separately or together. BOILERS. The Boilers shall be of ample capacity to operate the pumping Engines, and shall be so arranged as to be operated separately or together as may be required. STAND PIPES. There shall be a stand pipe or reservoir, of sufficient capacity and height or elevation, to furnish an am- ple supply of water for consumption at the highest points along the lines of the mains. PUMP HOUSE. The Pump and Boiler house shall be a substantial stone or brick building, of ample size for the Pumps and batteries of Boilers. The smoke stack wdll be of brick of the size needed to operate the boiler. SOURCE OF SUPPLY. The water shall be taken from such point as may be free from all sewerage contamination and shall be good wholesome water, fit for any purpose of do- mestic or manufacturing consumption. 99 Sec. 3. In consideration of the public benefit and the protection to property resnltino* from the construction of the said System of Water Works, The Mayor and Aldermen of the City of Vicksburg hereby rents of the said Samuel K. Bnllocxv and Com])any their associates successors and assigns, not less than Eighty (80) double nozzle frost proof fire hydrants for the aforesaid period of Thirty (30) years, at the animal rental of Sixty-five (65.00) dollars for each hydrant to be payable semi-annually on the fifteenth days of January and eluly. Af- ter the first year of the operation of said Water Works the said City hereby rents not less than ten (10) hydrants in addition to said eighty (80) for the unexpired period of said Tliirty (30) years; the first One Hundred (100) liydranTs shall be lo- oaled on the original Twelve (12) miles of mains at said an- nual rental of Sixty-five (65) Dollars payable as aforesaid and for the remainder of said period of Thirty (30) years unex- pired at the time of placing each of said hydrants. The rental of all hydrants in excess of said One Hundred (100) hydrants hereafter erected on the line of distributing mains or on the ex- tensions thereof as hereinafter provided at the request of the said Mayor and Aldermen of the City of Vicksburg shall be at the annual rate of Fifty ($50) Dollars for each hydrant paya- ble as aforesaid during the unexpired period of the said orig- inal term of Thirty (30) years. Water shall be used from the said hydrants for the extinguishment of fires and necessary fire practice, and for flushing sewers and gutters only, provided that for fire practice and flushing sewers no more than two (2) hydrants shall be opened at one time, and not more than once in each week. Sec. 4. Water shall be furnished free of charge to the pub- lic schools and all other public buildings used exclusively for city purposes and for filling public cisterns, and the City Hos- pital shall also be supplied with water free by a supply pipe whenever the mains shall be laid within seven hundred and fifty (750) feet of said hospital. And water shall also be suppliecl free for six drinking fountains with openings for man and beast and one public fountain to be erected by the said Samuel Kr Bullock & Company in such place on tlie line of mains as the Board of Mayor and Aldermen of the City of Vicksburg may direct. Sec. 5. The said Samuel R. Bullock and Company their associates successors and assigns, may procure the organiza- tion of a Water Works corporation, under the laws of any State and may assign to it all the rights and privileges acquired hereunder, provided that such assignment shall not invalidate 100 or effect the bond required by Section Seven (7) hereof; and no assignment hereof shall be valid unless such assignee shall in Avriting to said Board of Mayor and Alderman accept this Ordinance, and become bound by its terms and obligations. And the said Board of Mayor and Aldermen shall pass and enact such further and other Ordinances, and may do and per- form such other Acts, including the repassage of this ordi- nance in favor of the said Corporation, as may be necessary to vest in said Corporation the rights and privileges hereby granted. Sec. 6. Upon the completion of the construction of said S}^stem of Water Works, the said Samuel E. Bullock and Com- pany their associates successors and assigns, shall notify the jNIayor and Aldermen of the City of Vicksburg to that effect in writing and thereupon submit the works to such a test as Avill show the capacity of the Works, to be sufficient, to throw from four (4) fire streams through one hundred feet of two and one-half inch hose, and one inch nozzle from four (4) dif- ferent hydrants, a stream not less than fifty (50) feet high, at the highest elevation on which any of such hydrants are lo- cated. On the satisfactory performance of this test the said Board of Mayor and Aldermen shall formally accept said sys- tem if constructed in accordance Avith the terms of this ordi- nance. Sec. 7. Within fifteen days after the day that this ordi- nance takes effect the said Samuel R. Bullock and Company their associates successors and assigns, shall file their written acceptance thereof binding themselA^es to its terms and obliga- tions in the office of the City Clerk, accompanied by their Bond in the penal sum of Ten Thousand Dollars ($10,000.00) Avith tAvo or more sufficient securities ta be approved by said Board of Mayor and Aldermen, and executed to the Mayor and Aldermen of the City of Vicksburg and conditioned for the faithful performance of the terms of this Section. On failure to file such -^onds Avithin said time, this Ordinance shall become null and void. But if said board shall not approve the bond so filed said Board may in its discretion o-rant additional reasonable time Avithin Avhich to file another bond. The construction of said system shall be commenced Avith- in sixty days after this Ordinance takes effect, and said system shall be completed Avithin Eighteen (18) months after the com- mencement of the construction thereof, provided hoAveA^er, that the time during Avhich the said Samuel E. Bullock and Company their associates, successors and assigns are delayed by floods, Act of God, or the public enemy, legal proceedings for 101 the maintenance, or defense of their legal rights or in the ac- quisition of property or right of way or by reason of any other cause whatever beyond their control, shall form no part ot the time limited in this ordinance for the i^erformance of any act required by the terms hereof to be done by them, but they shall nse all due diligence to remove any such obstruction, or de- lays. Sect. 8. The said Board of Mayor and Aldermen of the City of Vicksburg, shall from time to time pass and enact ordi- nances under suitable penalties providing for the protection of the said IVater IVorks from damages, fraud or imposition. Sec. 9. At the expiration of each period of ten years af- ter this Ordinance takes effect the Mayor and Aldermen, of the City of Vicksburg shall have the right and privilege to pur- chase the said system of Water Works, provided they notify the said Samuel R. Bullock and Company, their associates, suc- cessors or assigns of their intention so to do, at least one year before the expiration of the said period of ten (10) years. The value of the said system shall be ascertained as fol- lows : The said Samuel R. Bullock and Company, their Asso- ciates, successors or assigns, and the said Board of Mayor and Aldermen of the City of Vicksburg shall severally appoint one person, the two appointed shall choose a third and the three Iversons thus chosen, who shall be Hydraulic Engineers shall constitute a Board to determine the value of the said system of Water Works. None of the Board shall be residents of the said AVarren County. The said Mayor and Aldermen of the City of A^icksburg shall within sixty days after the said Board have rendered its decision, pay the amount awarded in cash. A failure to so pay the award, or to give notice of in- tention to purchase shall operate as a waiver of the right to purchase until the expiration of the next succeeding period of ten years. Sec. 10. The said Samuel R. Bullock and Company their associates successors or assigns shall make extension to their lines of mains whenever called upon so to do by the Mayor and Aldermen of the City of Vicksburg, provided however, that said extension shall not be less than five hundred feet in length and that one public fire hydrant shall be erected or located on each five hundred feet or major portion thereof and further i:>rovided that two-thirds of the residents on the line of such extension, shall agree to take water at the established rates for a period of at least two years. But the said Samuel R. Bui- 102 lock and Company their associates successors or assigns may voluntarily make such extension from time to time as they may deem necessary. Sec. 11. After the works are put in operation, if at any time the pressure gauges located at the points hereinbefore named should indicate a pressure of less than twenty (20) pounds on the distributing mains at tlie highest point of eleva- tion for the period of two weeks in succession then the rental for the use and employment of the hydrants for the purpose aforesaid shall cease until the standard of pressure in this section provided shall be attained, provided however, if the pressure indicated as aforesaid should be less than twenty (20) pounds, for two calendar months in succession, then all the rights and privileges of the said Samuel R. Bullock and Com- pany their associates successors or assigns, acquired by virtue of this Ordinance shall, at the option of said Board of Mayor and Aldermen, made in writing, cease, determine and be null and void. But nothing herein contained shall be so construed as to prevent the said Samuel R. Bullock and Company their associates, successors or assigns from temporarily shutting off the water from its said system or any portion thereof, for the purpose of making repairs, or extensions to the same. And no liability shall attach to the said Samuel R. Bullock and Com- pany their associates, successors or assigns for the suspension of the supply of water, provided the repairs or extensions are made and the water turned on again Avithout unnecessary delay. But the City shall not be liable to pay the rental for any hydrant during such time as the proper supply of water cannot be procured therefrom. Sec. 12. Be it further ordained that as a part of the con- sideration for the performance of the duties and obligations imposed on the said Samuel R. Bullock and Company their associates, successors or assigns, the said Water Works and the property and the business, pertaining thereto, and employ- ed in and about said system, shall be exempt from all munici- pal taxation, during the first five years of their operation, and all of the property and business pertaining to and employed in and about said system of Water Works shall thereafter during each year of the balance of the period of this contract be as- sessed for taxation by said City at a valuation not to exceed the sum of Fifty Thousand ($50,000.00) Dollars. Sec. 13. The said Samuel R. Bullock and Company their associates, successors and assigns, shall have the right to make all needful rules and regulations governijig the consump- 103 tion of water, the tapping of pipes and general operation of the works, and to to make such rates and charges tor the use of said water as they may determine provided, that said rates shall not exceed fifty cents for each one thousand gallons of water. Sec. 11. Be it further ordained, that for the purpose of paying the obligations land liabilities of the said Mayor and Aldermen of the City of Vicksburg which shall accrue to the said Samuel R. Bullock and Company, their associates, suc- cessors or assigns, by virtue of the terms and conditions of this Ordinance, the said Mayor and Aldermen of the City of Vicks- burg, or other duly constituted municipal authorities shall an- nually levy and cause to be collected upon the taxable proper- ty of said City, a special tax, to be known and designated as the ‘AVater "Works tax” sufficient to meet and pay all of said obli- gations and liabilities during the continuance of this contract, and until all of said obligations and liabilities shall be paid and discharged. Sec. 15. Be it further ordained that this Ordinance shall take eftect, from and after its approval by the Mayor. Ordained this 18th day of November, 1886. Approved this 19th day of November, 1886. 0. B. p. 173-180. L., N. O. & T. Switch Ordinance. AN ORDINANCE to authorize the construction of and operation of certain switches on Levee street, to empower tiie Vicksburg Rail- road Company and the Louisville, New Orleans and Texas Railway Company to contract with each other and for other purposes. Sec. 1. Whereas the Mayor and Aldermen of the City of Vicksburg have heretofore framed a certain ordinance, em- powering the Vicksburg Cotton Oil Company, the Mattingly !\Iilling Company, and the P. P. Williams Company to con- struct certain switches to their respective warehouses on Levee Street in the City of Vicksburg and Whereas the said ordinance contained no provisions au- thorizing the Louisville, New Orleans and Texas Railway Company to connect with or to construct and operate said 104 switches and thereby defeated the intention and purpose of said ordinance; therefore in order to give ftill force and effect to said ordinances, Be it ordained by the Mayor and Aldermen of the City of Vicksburg that the Louisville, New Orleans and Texas Rail- way Co. is expressly authorized and empowered to construct said SAvitches and any other switches to abutting property on said Levee street; and to own, use and operate and maintain the same subject at all times to the control and poAver of the Mayor and Board of Aldermen of the City of Vicksburg and their successors in office. Sec. 2. Be it further ordained that the Louisville, NeAV Orleans and Texas HailAvay Company, and the Vicksburg Street Railroad Company may contract Avith each other *n such Avay, in such manner, and for such purpose as may be mu- tually satisfactory Avith each other, relatiA^e to their respective tracks and SAvitches and the use thereof on said Levee Street proAuded that nothing herein contained shall release either of said Companies from any obligations they are noAv under by virtue of the ordinance granting said Companies the right of Avay along said street, to keep said street in repair as provided by said ordinance. Sec. 3. Be it further ordained that the Railroad Company constructing or causing the said SAvitches to be so construct- ed, shall cover said sAvitch track betAveen the rails of same, and for one foot on each side Avith good strong suitable timber se- curely fastened along the entire length of said SAvitch Avhere it traverses the sideAvalk and keep samein perfect repair and con- dition so long as said SAvitch remains on the sidewalk. Sec. 4. Be it ordained, That this ordinance take effect from and after its passage. Ordained this 16th day of June, 1890 . Approved this 18th day of June, 1890. 0. B. p. 152 3. 105 Street Railways. “AN ORDINANCE to provide for tlie proper construction of Street Rail- ways on the streets of the City of Vicksburg, and to protect the public rights therein.” Sec. 1. Be it ordained by the Board of Mayor and Aider- men of the City of Vicksburg, That any corporation, or per- son who shall hereafter lay and construct any track for a street railway, on any of the streets of said City, shall in laying and constructing the same conform to and observe, do and j)erform the following plans specifications and conditions, that is to say : 1st. That such person or corporation shall lay its tracks upon such a line as that the top of the rails shall be upon a level with the surface with the street. Wherever a track is laid above the surface of any street or part of a street which is gravelled, said person or corporation shall immediately as the work progresses cause such part of the street to be filled in with fresh gravel to the level of the top of the rails of the track, and for the whole width of said street and properly distributed and rounded over the same. And whenever such track is laid below the surface of any part of the street said person or corporation shall excavate the street at such place, so that the surface thereof shall conform to said level and in case that more than four inches be excavated from such surface of the street at such places, the same shall be regraveled with the same thickness of gravel with which same was originally laid, and in reconstructing such pavement, the old gravel may be used for a foundation, provided the same has not mixed with clay and earth so as to render the same unsuita- ble and when laid it be wetted, tamped, and rolled, and the sur- face shall be covered witli not less than four inches of fresh gravel ; but no change of grade exceeding one foot at any l^oint, shall be made without the consent of the Board of IMayor and Aldermen. Such person or corporation shall re- build and restore all crossings to the same condition in which same was found. 2nd. In constructing any track for a Street Railway to be propelled otherwise than by horses or mules all excavations made on said streets within wliich to lay cross ties and rails such tracks shall be filled with fresh gravel and tamped and rolled so that the surface of the street between the tracks and on either side thereof shall conform to the level of the top of 106 the rails. And said street shall be reconstructed and restored as the work of laying the track progresses, and the earth and the old gravel taken from said excavation shall be removed by said person or corporation from said street. 3rd. That hereafter that said person or corporation shall keep and maintain in good repair the street between the rails of said track, and for two feet on each side thereof. 4th. That if any track be laid and constructed on any gravelled street m said city for a Street Railway, to be operated wholly or in part by mules, or horses, then the space between the rails and for two feet on each side thereot shall be paved by the person or corporation laying the same, with vitrified brick on concrete foundations or with granite blocks laid in a substantial and secure manner on a level with the top of the rails of said track, and be not less than seven inches from the top of the rail to the cross ties, which said pavement shall be laid and completed as the laying of such track progresses, and such person or corporation shall thereafter keep and maintain said pavement in good repair. Sec. 2. Be it further ordained That any track for a Street Railway which has heretofore been laid and not in con- formity to the foregoing provisions, shall upon notice to the person or corporation by whom same was laid be reconstructed and repaired according to the plans, terms and conditionsof this ordinance. And upon failure so to do after a reasonable time and notice by the Board of Mayor and Aldermen then said Board shall cause said Track to be torn up and removed from said streets. Sec. 3. Be it further ordained That if any person or cor- poration shall violate any of the provisions of this ordinance, he or they shall be guilty of a misdemeanor, and upon convic- tion shall be fined, for each offense not less than $100.00. And it shall be the duty of the Mayor and the City Marshal, to proin|Dtly arrest any and all persons violating this ordinance. Sec. 4. Be it further ordained That nothing in this ordi- nance contained, is intended, or shall be deemed to be an ordi- nance by the Board of Mayor and Aldermen of any right by the Vicksburg Electric Street Railway Company, to lay a Rail- way track on any street in said City, or a waiver of any of the rights of said Board as against said Compan 3 \ And that this ordinance take effect, and be in force from and alter its passage. Ordained January 13th, 1893. O. B. p. 157-9. 107 Percival Steele Street Railway. AN ORDINANCE to grant to Percival Steele, his associates, successors and assigns, the right to construct, maintain and operate an Electric Light Plant for furnishing heat, power and light, and a plant for furnishing compressed air to the City of Vicksburg and the inhabit- ants thereof, and to maintain and operate a Street Railway on the streets of the City of Vicksburg. SECTIOX 1. Be it ordained by the Mayor and Aldermen of the City of Vicksburg, Mississippi, that in consideration of the public benefits to be derived therefrom, the right and privilege are hereby granted for the term of fifty years from the time this Ordinance takes effect, unto Percival Steele, his associates, suc- cessors and assigns, to construct, maintain and operate a Street Railway on all the Streets, and avenues now in the said City of Vicksburg, or that may hereafter become a part of the said City of Vicksburg, with necessary turnouts, switches and other accessories, and to erect and maintain j^oles, wires and pipes on or under said streets with the necessary appliances and fixtures for condacting currents of electricity, or other means for the purpose of transmitting and producing motive power, light and heat, and to propel and operate the cars on such Railway, and to erect and maintain poles and wires on or un- der the said streets, or pipes under the said streets, and employ all necessary appliances required for the use of any other suit- able motive power (other than horses and mules) which, with the consent of said Mayor and Aldermen may be employed to propel said cars and furnish power, heat and light. Also the right and privilege for the said period of Fifty years, of erecting and maintaining on dr under said streets, poles, wires, pi pesandotherappli ancestor condacting currents of electricity or other means, and for the purpose of supplying to the said City, Avhen contracted with, and the inhabitants thereof, elec- tric light, heat, power and compressed air. It is provided further that on any street noAV in said City of Vicksburg, or that may hereafter be added to it, upon which steam is now, or may hereafter be employed, the said Percival Steele, his as- sociates, successors and assigns, shall have the right and privi- lege to use steam, as a motive power thereon to carry passen- gers and freight, with the exception however of Pearl Street. Said rights and privileges are granted subject to the condi- tions and limitations herein set forth. SECTIOX II. That said Railway be operated by Electricity, Compressed air or cable, provided that said Railway may be in whole or 108 part operated by some other suitable and approved motive power other than horses and mules, with the consent of said Mayor and Aldermen, and to be first submitted to and approv- ed by them, except in the event of any accident to the ma- chinery, destruction of the power house by fire or other cause, the cars may be propelled by animals or other power for a pen- od of not exceeding ninety days from the date of the accident. SECTIOX III. That said Railway shall consist of a single or double track, about four feet eight and one-half inches between the rails along said streets, except where necessary turnouts and switch- es shall be located. All tracks shall be constructed and main- tained, as far as practicable, in such a manner as to avoid im- pediment to the free and ordinary uses of the streets and pass- age of wagons, carriages and other vehicles, on or across said track at any point, and in any and all directions, and with suitable bridges at all gutters and other points, so as to permit the free flow of water under the same. And in case any such street or part thereof be paved or improved by said Mayor and Aldermen after the tracks are laid, then the said Percival Steele, his associates, successors 'and assigns, shall at their own expense, make a like improvement or lay a like pavement be- tween the rails and for a space of one foot on each side of said Railway track, under the direction of the Mayor and Aider- men of said City; and they shall keep the space between the rails and for one foot on each side of said Railway track in good repair over all the streets occupied by said Railwa}^ track. SECTION IV. Said Railway shall be operated with modern cars, with all proper equipment for the comfort, safety and convenience of passengers. SECTION V. There shall be constructed and kept in continuous use, en- tirely around the running gear of the oars of said Railway, the most approved guard fender, or safety device, to push from the track any obstacle which may fall or be thereon. SECTION VI. The said Percvival Steele his associates, successors 'and as- signs, shall have the right to make and collect charges for car- rying persons and things, except the Mayor, members of the Board of Aldermen, policemen, and paid members of the Fire Department, land shall not charge more than (5) cents for one 109 passenger for one continnons passage in City, 'with privilege of transfer to branch lines without extra charge, and a rea- sonable charge tor parcels and freight, except where cars shall be chartered for a specific purpose. SECTION VII. All poles shall be neat and regular in form, size and height, and shall be painted in dark colors, and repainted from time to time as the Mayor and Aldermen may direct, but shall not be rectuired to paint them oftener than once every four years. City to have the jirivilege to use said poles for fire alarm purposes. They shall be about one hundred and twen- ty-five feet apart, except where otherwise required, and shall be placed at such points near the curb-stone line as may be designated, except on streets sixty-six feet wide or over, where double tracks are in use, then center poles, or wliat is known as bracket construction may be used ; provided that wires may be attached to buildings with the consent of tlie owners, and thereby avoid the erection of poles at such point. Should it be necessary for the prosecution of any work by the said Mayor and Ahlernien tliat such poles should be temporarily re- moved, such removal shall be by said Percival Steele, his asso- ciates, successors and assigns, at their own expense, without any claim for damages therefor. SECTION YIII. The said Ma}mr and Aldermen shall not be liable to the said Percival Steele, his associates, successors and assigns, for any damage sustained from any delay or interruption in op- erating said railway by reason of any improvement of the streets, construction of sewers, the laying of gas or water j:)ipes, or for any other cause ordered or permitted by the said Mayor and Aldermen for public use. And the said Percival Steele, his associates, successors and asisgns, shall at all times hereafter defend, keep harmless and indemnify the said Mayor and Aldermen from any and all damages, lawful claims and demands for injuries to 2>ersons or jiroperty done by them, their agents, officers, employee or servants, and growing out of the exercise of the privileges granted by this Ordinance, and the oj)erating of said Railway. And they shall defend at their own exi^ense all actions which may be brought against said ^layor and Aldermen for such damages, Avhen notified by the Mayor of said City or other officer. 110 SECTION IX. The said Percival Steele, his associates, successors and as- signs, whenever the grade of any street may be changed, shall at their own expense and without charge to the said Mayor and Aldermen, relay its track so as to conform to the changed grade, but in no case shall they be liable for the grad- ing or any damage or injury to property caused by any change made by the said Mayor and Aldermen in the grade of any street, or by the lowering or elevation of any roadway, or any street by said Mayor and Aldermen. SECTION X. The following specifications shall be observed in the run- ning of said Cars: 1. The Cars of said Railway shall be run at reasonable intervals so as to accommodate the public unless interrupted by accident. No car shall stop on the cross-walk, nor in front of an intersecting street, except to avoid accidents, nor shall any car remain standing on any street at any time unless the same is waiting for passengers, or at a terminus or turnout or switch. 2. Mlien cars stop to receive or leave passengers, the rear platform shall be slightly over the crossing and ingress and egress of passengers shall be permitted only from and by the rear platform. 3. Cars or trains driven in the same direction shall not approach each other nearer than thirty feet. 4. The driver shall keep a vigilant watch for all teams, carriages, persons on foot, especially children, either on the track or moving towards it, and on the first appearance of danger, the driver shall sound the gong, with which all cars shall be equipped, and if necessary, the car shall be stopped until the danger is passed. 5. Ladies and children shall not be allowed to enter nor to leave the car while the car is in motion. C). The cars after sunset shall be well lighted, and shall also be j^rovided with a signal light. 7. The cars shall be entitled to the track ; any vehicle up- on the track shall turnout whenever any car comes up, so as to leave the track unobstructed, and the driver of any ve- hicle refusing so to do promptly, when requested by the driver Ill of the car, or by the rino-ino- of the gong shall be liable to a line not exceeding live dollars ($5.00) on conviction before the City Court. 8. The Fire Department of the City shall have the right of way in answering alarms and lighting lires. SECTION XL Nothing in this Ordinance shall impair or abridge the control, right and power vested by law in the Mayor and Al- dermen of the said City of Vicksburg concerning the streets thereof, and the said Mayor and xVldermen shall have the right hereafter to pass any ordinance concerning the use of the streets and protect the rights of the public in the premises, as shall be proper, so long as the same does not annul, abridge or interfere with the right and privilege granted of construct- ing and operating said street railway. SECTION XII. Any failure on the part of the said Percival Steele, his associates, successors and assigns for live days( and in case of danger, at once) after written notice from the Mayor and Al- dermen or Street Commissioner, to repair any street, or any part thereof for which they are liable, and restore the same to a condition of safety and convenience for public travel, shall constitute a misdemeanor, which on conviction before the City Court, shall be })unished by a line not exceeding $50.00, and any such failure shall authorize said Mayor and Aldermen or Street Commissioner to make such repairs, and said JNIayor and Aldermen shall collect the costs and expenses of the same from the said Percival Steele, his associates, successors and as- signs, by suit or other proceedings. SECTION XIII. That the authority and privilege hereby granted to Per- cival Steele, his associates, successors and assigns, shall be and remain in full force for and during the period of fifty years from and after the passage of this Ordinance, subject always to the conditions and limitations herein. SECTION XIV. The route of said Pailway shall embrace by connecting lines, the following j^oints, to wit: The corner of Washington and Fair Ground Streets; the corner of Cherry & Harrison 112 Streets; corner of DeWitt and Drummond Streets; tlie corner of First Xortli and Clay Streets; the corner of Fifth North and Grove Streets; the corner of Clay and Howard Streets, and the corner of Fayette & Farmer Streets; the cor- ner of Main and Monroe Streets; corner of Monroe and Clay Streets; and corner of Clay and Washington Streets, as per map hereto attached and made part hereof. Provided, that whenever in the judgment of the Mayor and Aldermen of the City of Vicksburg, it is necessary to have a Street Ivailway line on a street that is without street railway accommodations, the said officials shall notify the said Percival Steele, his associates, successors and assigns (or if the said railway be then operated by a corporation, then the Presi- dent of such corporation) in writing, to build and operate a line oil said street, and if the said Percival Steele, his associates, successors and assigns, do not begin work on the said streets within six months thereafter, then the Mayor and Aldermen of the City of Vicksburg, may elect to give the right to build and operate a street railway on said street to any other in- divdual or corporation, or they may build and operate the said railway in the name of the municipality; but if the said Percival Steele, his associates, successors, and as- signs accept the said notice from the said Mayor and Aldermen of the City of Vicksburg, and build and operate the said rail- way as requested, then no rights shall be given to any indi- vidual or coiqDoration, which would imjoair the rights already conferred by this franchise. The said Percival Steele, his as- sociates, successors and assigns, shall not be obliged, at any time, to build more than two miles of track in any one year, except as hereinafter provided. The said Percival Steele, his associates, successors and assigns, shall begin the work of con- struction of said Railway on or before five months from the approval of this Ordinance, and shall complete and have in full operation at least four miles of said railway covering the above mentioned points on or before December 31st, 1898, and shall within thirty days from the approval of this Ordinance, deliver to the Clerk of the said City, a bond with two or more good and sufficient sureties in the penal sum of Five Thousand dollars, or deposit with said Clerk, a check of Five Hundred dollars, the condition of said bond or check being the faith- ful carrying out and performance of the undertaking and ob- ligations set forth in this section of this ordinance. And it is hereby provided and agreed that failure to file the bond or deposit the certified check within said thirty days, or to com- mence construction within five months from the approval of this ordinance, this franchise and all its privileges herein grant- 113 ed shall be forfeited. The said Percival Steele, his associates, successors and assigns, shall have the right thereafter to extend their lines over any street, except on the portioii of such street as may then be occupied by a Street railway theretofore laid in 2)nrsnance of a right granted by said Mayor and Aldermen; Provided, however, if any litigation in good faith shall arise as to the right of the way herein granted OA^er any jDortion of the route, or the construction of said railway be interrupted by any injunction or other proceedings, or by any unavoidable accidents, then the time of the pending of such litigation or })roceedings, or the existence of such injunction, or interrup- tion or delay, shall not be com2:>uted as }>art of the time herein sjDecified for beginning and com2:)leting said railway, but said time shall be accordingly extended, provided that in all such litigation the said Percival Steele, his associates, successors and assigns shall jorosecute their rights Avith diligence and’ Avithout unnecessary delay. SECTION XV. The said PerciA^al Steele, his associates, successors and as- signs may at any time change the route or line of said raihvay or any })art thereof, Avith the consent and approval of said Mayor and Aldermen. SECTION XVI. The Mayor and Aldermen of said City shall take all such proceedings as shall be necessary and as shall be requested by the said Percival Steele, his associates, successors and assiigns, to protect the right of way herein granted, but all such pro- ceedings shall be at the expense of the said Percival Steele, his associates, successors and as.signs, but said Mayor and Aider- men in such cases may require security for costs and indemnity, to be ap|)roA"ed by it. SECTION XVII. The said Percival Steele, his associate, successors and as- signs shall in Avriting, accejii't the 2)errnission and privilege here- in granted, and agree to comply Avith and adopt and abide Avith all the provisions, conditions and restrictions iq^on AAdiich the same are granted, Avithin thirty days after the j)assage of this Ordinance, Avhich Avriting, together Avith said check or said bond shall Avithin the same time l)e filed Avitli the City Clerk, otherwise this Ordinance Avill be null and void; and such ac- ceptance shall be deemed an agreement on the part of the said 8-City 114 Percival Steele liis associates, successors and assigns, with tin Mayor and Aldermen, to perform all and singular the matter: and things required by the said Percival Steele, his associate: successors and assigns, to be by them j^erformed under tht foregoing portion of this Ordinance. SECTION XVIII. Be it further ordained, that as a consideration of the du- ties and obligations hereby imposed on the said Percival Steele his associates, successors and assigns, the Street Railway shall pay into the Treasury of the Mayor and Aldermen of the City of Vicksburg, five per cent. (5 per cent) of its net receipts (net receipts meaning all monies over and above operating ex- penses, interest ancl fixed charges), for the entire term of fifty • (oO) years, and this shall be accepted by the said Mayor and Aldermen in lieu of all other taxes and license for ten years. SECTION XIX. That the said Percival Steele, his associates, successors and assigns, shall have right to assign all of the rights and priv- ileges acquired by this Ordinance to any individual or com: pany incorporated and organized under the laws of this, oi any other State, and such assignment shall vest in such com-' pany or individual all the privileges and rights herein and hereby granted. ^ SECTION XX. ' That this Ordinance shall take effect and be in force from and after its passage. ; Ordained this 2nd day of February 1898. { Approved this 3rd day of February 1898 I O. B. p. 346-353. ] Gas Ordinance. AN ORDINANCE to provide for the lighting of the City of Vicksburg with gas. i I Section 1. Be it ordained by the Mayor and Aldermen of j The City of Vicksburg that the Vicksburg Gas Co., a corpora- tion chartered organized and existing under the statutory laws ot the State of Mississippi, its grantees, successors and assigns ; 115 is hereby gTanted the right for the period of fifty years from the approval of this ordinance to maintain extend and operate in the City of Vicksburg the gas works heretofore constructed: to build and construct new gas works, with the necessary plant machinery and appliances, in said Citt^, and to maintain, ex- tend and operate the same; to sell, distribute and supply gas therefrom to the City of Vicksburg and its inhabitants, and for the purposes aforesaid, to lay, construct, use, operate and maintain in the usual and customary manner, mains, pipes and lamp posts, with the necessary and proper attachments, connections and appurtenances thereto, in, on or beneath the highways, sidewalks, streets, alle}^s, lanes, avenues, boulevards, and public places, and on bridges and viaducts, in the City of Vicksburg, as the boundaries thereof are now and may here- after be, provided that all pavements, macadam, streets and sidewalks shall be taken up in such a manner as to give the least inconvenience to the said City and the inhabitants there- of ; provided further, that all excavations, pavements, macad- am and sidewalks shall be replaced and repaired by said Vicksburg Gas Co., its grantees, successors and assigns, at its own expense, with a like material as before excavation, and so as to be left in as good condition as before. Sec. 2. In constructing, repairing and ot3erating said Gas works, the said Vicksburg Gas Co., its grantees, successors and assigns, shall use every reasonable and proper precaution to avoid damage or injury to persons or property, and shall at all times and in all places hold itself liable and save harmless the said City from all and every such damage, injury, loss or ex- pense, caused or occasioned by any act or failure to act, of the said Vicksburg Gas Co., its grantees, successors, or assigns, in the construction or repairing, or operation of any street, or by reason of any act done by the said Vicksburg Gas Co., its grantees, successors or assigns. Sec. 3. Should the grade of any highway, street, alley, lane, avenue, boulevard, public place, bridge or viaduct in or on which the Vicksburg Gas Co., or its grantees, successors or assigns, shall have laid any pipes or mains, be in any man- ner changed, altered or modified by the City, which shall render a change or alteration necessary in the positions of such pipes and mains, the expense of all such changes and altera- tions shall be borne by the Mayor and Aldermen of the City of Vicksburg. Sec. 4. Said Vicksburg Gas Co., its grantees, successors and assigns shall extend its pipes and mains for the distri- 116 bution of gas on such graded streets, avenues, sidewalks, high- ways, alleys and public places as may be named by Ordinance, followed by notice from the proper municipal authority to 2 )roceed thereunder and within the time specified in said no- tice; j)rovided that in every case at least six consumers on an average of every 300 feet of extension so made necessary, shall first in writing agree to take gas from said Vicksburg Gas Co. for a ]3eriod of not less than one year, at the fixed rate, each tajD for iDublic lighting to be counted as one customer. Sec. 5. The said Vicksburg Gas Co., its grantees, succes- sors and assigns shall at all times supply to the City of Vicks- burg, for jDublic use, and to the inhabitants thereof for pri- vate use, in the manner most approved with a sufficient quan- tity of gas of the most approved quality of not less than 22 candle power on the following terms : For illuminating gas $1.65 per one thousand cubic feet, and for fuel gas $1.65 per one thousand cubic feet. But any 2 )erson, coiq>oration or individual joaying for gas consumed by him or it on or before the 10th day of the next succeeding month shall be entitled to a discount at the rate of fifteen cents 23er one thousand cubic feet. The prices herein fixed for illum- inating and fuel gas shall be subject to revision every ten years by the Mayor and Aldermen of the City of Vicksburg, who shall then fix reasonable rates or jirices. Sec. 6. The amount of gas consumed shall be ascertained by meter measure the usual way. Said Vicksburg Gas Co., its grantees, successors and assigns shall have the right to shut off gas from any consumer who may be in arrears for a longer 2 )eriod than fifteen days. Sec. 7. All j)rohibitions, amendments, forfeitures, and all other provisions of this ordinance shall be binding upon the said Vicksburg Gas Co., its grantees, successors and assigns whether expressly so stated herein or not, and all grants and IDrivileges of this ordinance to said Vicksburg Gas Co. shall be held to inure to the benefit of its legal and bona fide gran- tees, successors and assigns. Nothing in this ordinance shall be construed as granting to the said Vicksburg Gas Co., its grantees, successors and assigns, any exclusive franchise, right or j)rivilege whatever. Ordained this 15th day of June 1903. Passed over Mayor’s veto June 19th 1903. O. B. pp. 403-4-5. 117 Acceptance of the Vicksburg Gas Company. WHEREAS, the Mayor and Aldermen of the City of Vicksburg did, at a regular meeting of said Mayor and Al- dermen of said City, held at the City Hall in said City on Monday night, June loth, 1903, adopt an ordinance entitled “An ordinance to provide for lighting the City of Vicks- burg with gas whereby it granted to this company the right for the period of fifty years from the approval of said ordin- ance to extend and operate in said City the gas works hereto- fore constructed, and to build and construct new gas works, with the necessary plant, machinery and appliances, etc., etc., and whereby the said Mayor and Aldermen among other things, fixed the price of both illuminating gas and fuel gas at $1.65 per one thousand cubic feet with a discount of fif- teen cents per one thousand cubic feet where the bills for the same were paid on or before the tenth day of the next suc- ceeding month, the price of illuminating and fuel gas to be subject to revision every ten years by said Mayor and Aider- men of the City of Vicksburg who shall then fix reasonable rates and prices, and WHEREAS, this Company is satisfied with said ordin- ance and the terms and conditions therein named, and upon which the same was granted, now therefore be it RESOLVED, 1. That the said Vicksburg Gas Co. does now and hereby formally accept said ordinance, together with all the terms and conditions therein fixed and named, and hereby agree’ and binds itself in good faith to abide by and perform all the terms and conditions named in said ordinance. 2. That the Secretary of this company be and is here- by directed to file with the City Clerk of the City of Vicksburg a certified copy of these resolutions, and that the Mayor and Aldermen of the City of Vicksburg be and they are hereby re- quested to have the same spread upon its minutes and re- corded along with the ordinance hereinbefore referred to and which is hereby adopted and accepted. 3. In addition to the terms and conditions and agree- ments named in said ordinance and hereby accepted, the Vicks- burg Gas Co. agrees to furnish street lamps to the Mayor and Aldermen of the City of Vicksburg when ordered by the said iVfayor and Aldermen of the City of Vicksburg at a price not to exceed $2.50 per month, said lights to be located on the regular mains of the Company. On motion the meeting adjourned. 118 STATE OF MISSISSIPTI, WAEPvEX COUNTY. I, W. Thos. Kose, the Secretary of the Vicksburg Gas Co.- do hereby certify that tlie foregoing preamble and resolu- tions is a true copy of the preamble and resolutions adopted by the Board of Directors of the Vicksburg Gas Co. at a meet- ing of said Board held in the office of said Company in the City of Vicksburg, IVarren County, Mississippi, on June 22nd, 1903, and that said resolutions have been duly spread upon the minutes of said A^icksburg Gas Co. Witness my signature this 23rd day of June, 1903. AV. THOS. EOSE, Secretary. Vicksburg, Miss., Feb. 16th, 1905. The Alayor and Board of Aldermen City of Vicksburg. Dear Sirs — AVe have accepted the interpretation put by you on sec. 3 of the acceptance by the Vicksburg Gas Co. of the franchise granted them June 19th, 1903 referring to the lighting of the street lamps. Hereafter the thirty-seven lamps now lighted by us will be lighted every night and remain lighted all night. AYry truly yours, THE UNITED GAS IMPEOA^EAIENT CO. George B. Bains, 3rd; Ass’t. Sup’t. Water Works Franchise. AN ORDINANCE granting a franchise for the construction and opera- • tion of a Water Works plant. Be it ordained by the Mayor and Aldermen of the City of Vicksburg, as follows: Section 1. The Mayor and Aldermen of the City of A^icksburg hereby grant to A. Eose, John B. Brunini, Pat- rick Henry, AA^. C. Craig, E. J. Bomer, AI. Dabney, M. J. AIul- vihill, AAA H. FitzHugh, AI. F. Levy, T. A. Helgason, C. J. Searles, A. AVarner, E. AI. Kelly, AV. II. Dupre, AV. E. Luck- ett, Sol Fried, jointly, with the rights, powers and privileges hereinafter granted to them (and in case of death of any, to the survivors) their associates, successors and assigns, the right and privilege of acquiring, erecting, constructing, own- ing and operating a system of water works in accordance with the terms and provisions of this ordinance, in whole or in 119 part in the City of Vicksburo-, and snch territory as may here- after be acquired by and become a part of said city, and of using the streets, alleys, squares, and all other public places or property within the corporate limits of said City of Vicks- burg as they now exist or may hereafter be extended, changed, opened or adopted, and within such other territory as may become hereafter a part of or within the jurisdiction of said city, for the purpose of laying jhpes and mains and other con- duits and connections therewith, and erecting hydrants and fountains and other apparatus for conducting and furnishing water to their patrons and consumers thereof in said city, the said water to be good, wholesome and clear, the same to be furnished to the inhabitants of said city, corporations and others, for private use and for manufacturing purposes; and they shall have the privilege of making repairs and exten- sions and additions to said system from time to time during the period this ordinance shall be in force. Section 2. The right and privilege herein granted to the said grantees, for themselves, their associates, successors and assigns, is for the period of forty years from the time when the said grantees, their associates, successors or assigns shall begin to furnish water to their q^atrons. Section 3. The said grantees, their associates, successors and assigns, shall exercise the greatest care and diligence in the use of said streets, alleys, squares and other public places, and shall cause no unnecessary obstruction of or interruption to the public travel over and upon the same, and shall take every precaution to provide against damage to property, life or limb by reason of the exercise of the rights and |:)rivileges hereby granted, and shall cause all excavations and obstruc- tions to be properly lighted and guarded at night, and after the completion of the purpose for which such streets, alleys, public squares and other public places inay be used, they shall l)e restored to their former condition as near as may l)e pos- sible without unnecessary delay; and they shall at their own cost and expense, relay their mains and pipes when madenec- essary by a change of grade in any street ordered by the May- or and Aldermen of the City of Vicksburg. On failure to restore said streets, alleys, public squares and other ])laces as aforesaid, the Mayor and Aldermen of the City of Vicksburg ma}", upon reasonable notice to it by any city ofhcer, cause the same to be restored and recover the cost and expense thereof from the said grantees, their associates, successors and assigns, in any court having jurisdiction of the amount. The said 120 grantees, their associates, successors and assigns, agree to hold the Mayor and Aldermen of said City harmless from any liability which may result to said Mayor and Aider- men of said City of Vicksburg by reason of any violation of this section. Section 4. Mains — The mains and pipes to be used in said system of water works shall he of good and substantial quality of material, and shall be sufficient in dimensions and strength to convey all water which may be required by the patrons for all purposes for* which they may require water. And the water works plant herein contemplated shall have and sup- j^ly ample pressure for the purpose of extinguishing fires of the patrons of the Company. Said pipes shall be coated with such protective varnish or other material as may be directed by the Mayor and Aldermen of the City of Vicksburg to se- cure the same against corrosion or other disintegrating forces, and said pipes shall be laid along the streets in such man- ner and at such places as may be designated by the Mayor and Aldermen of said City. No fire hydrants or public fountains are required to be placed by the said grantees, their asso- ciates, successors or assigns; but should they desire to place any in said city the same shall be along the line of mains and at such points as may be designated by the Mayor and Aider- men of the City of Vicksburg, and such fire hydrants, if placed, shall be double nuzzled, and of such dimensions as the Mayor and Aldermen of said city may designate before the construc- tion of said water plant, and so fitted as to connect the hose couplings which may be in use in said City of Vicksburg. Gates and Valves. — All the necessary gates and valves shall be }:)rovided and located by said Company at such points on its lines of mains as will enable certain districts to be cut off and isolated when repairs are needed, without depriving other districts of their full supply of water. Pumps. The pumping plant shall consist of not less than two pumping engines, capable of pumping not less than two and a half million gallons each of water per day of twenty- four hours against the pressure needed to supply all parts of the pipe system with an abundant supply of water. They shall be so arranged as to be susceptible of operation separate- ly or together. Boilers. — There shall be not less than two boilers of am- ple capacity to operate two pumping engines, and shall be so arranged as to be susceptible of operation separately or to- gether, as may be required. ■ 121 Source of Pressure. — Water may be supplied and pressure preserved either by the stand-pipe system or by any other etficient s^^stem of maiiitainino- a constant supply of water and sufficient pressure for the purpose of exting'nishing fires and having a free and steady flow of water for other uses. Should a stand-pipe be used the same shall be of sufficient height and capacity to insure an ample supply of water at all times and ample pressure for fire purposes. Source of Supply. — Water may be taken for the purposes of supply from the Yazoo Iliver or the Mississippi Kiver, where it shall be free from sewerage contamination, or from Lake Centennial, or from wells, or other suitable source of supply. It shall be good, wholesome and clear water, fit for a^^ domestic and manufacturing purposes. Section 5. The rates and charges for water to be fur- nished to the consumers thereof in the City of Vicksburg and contiguous territory shall be fair, just and reasonable, and such rates and charges shall be subject to be regulated by the said Mayor and Aldermen, and reasonable rates and charges may be fixed by them, under the laws of the State, and in ac- cordance therewith ; and the rules and regulations under which said water shall be supplied and the rates and charges there- for collected, shall be fair, just and reasonable, and such rules and regulations shall also be subject to regulation by the May- or and Aldermen of the City of Vicksburg. Section 6. That the said grantees or the survivors, their associates, successors and assigns, may procure the organiza- tion of a water works corporation under the laws of Missis- sippi, and may assign to it all the rights and privileges ac- quired hereunder, and their assigns, or any subsequent assigns, may assign such rights and privileges to other assignees. Ih-o- vided that such assigns or persons claiming the rights and privileges hereby granted shall file with the Clerk of the City an acceptance of such assignment, and promise in writing to faithfully perform all of the duties and obligations ini[)os- ed upon the said grantees, their associates, successors and as- signs by this ordinance. Section 7. Within sixty days after tliis ordinance shall ' be approved and go into effect the said grantees, tlieir asso- ciates, successors and assigns, shall file with tlie Mayor and Aldermen of the City of Vicksburg a written acceptamje tliere- of, agreeing and obligating themselves to })roceed in good faith with the erection and ])utting in operation of tlie water works plant herein provided for, as soon thereafter as prac- 122 ticable, and on failure to do so the said Ma^^or and Aldermen shall have the option and privilege of repealing and revok- ing this ordinance and the franchise herein granted. Section 8. The said Mayor and Aldermen of the City of Vicksburg will from time to time pass and enact ordinances under suitable penalties, providing for the protection of the property and business of said works from damage, fraud or imposition. Section 9. The said grantees, their associates, successors and assigns, shall make extensions to their line of mains when- ever called upon so to do by the Mayor and Aldermen of the City of Vicksburg to meet requirements of consumers not otherwise supplied. Provided, that two-thirds of the resi- dents on the line of such extension shall agree to take water at the established rates for a period of at least two years, but the said grantee‘s, their associates, successors and assigns, may voluntarily make such extensions from time to time as they may deem necessary. Section 10. Nothing herein contained shall be so con- strued as to prevent the said grantees, their associates, succes- sors and assigns, from temporarily shutting off the water from said Tvater system or any portion thereof for the purpose of making repairs or extensions to the same, and no liability shall attach for the suspension of the supply of Avater thereby caused provided repairs or extensions are made and the water turned on again Avithout unnecessary delay. Section 11. The said grantees, their associates, succes- sors and assigns, shall have the right to make all needful rules and regulations governing the consumption of Avater, the tap- ping of pipes and the general operation of the works, and to make such rates and charges for the use of said water as they may determine, subject, lioAveA^er, to the other provisions of this ordinance. Section 12. No agreement whatever is made by the May- or and Aldermen of the City of Vicksburg in granting this franchise, to take and use Avater from the grantees herein, their associates, successors or assigns, for themselves or the public generally of said city, for any purpose, and they are not to be the beneficiaries in any respect of the franchise hereby granted. Section 13. Be it further ordained that this ordinance shall take effect from and after its approval by the Mayor. Ordained this the 8th day of October, 1906. ApproA^ed this 9th day of October, 1906. 0 B. p. — . 123 Electric Light and Power Franchise. AN ORDINANCE to grant Harry K. Johnson, his associates and assigns, the privilege of furnishing to the City of Vicksburg and its inhab- itants, electricity for lighting and power purposes, and of using the streets and alleys of the said City for that purpose. Section 1. Be it ordained by the Mayor and Aldermen of the City of Vicksburg that Harry K. Johnson, his associates, and successors be and they are hereby granted the right and privilege for the period of forty years of using the streets and alleys of the City of Vicksburg, for the erection of poles and stringing of wires thereon, and the laying of conduits and the placing of wires therein, for the purpose of supplying to the City of Vicksburg, and the inhabitants thereof, electricity for lighting and other purposes. The City of Vicksburg shall have the right to use any or all of said poles for the wires of its fire alarm system. Section 2. The Mayor and Aldermen of the City of Vicks- burg shall have the right from time to time to fix and pre- scribe reasonable maximum rates or prices to be charged for such electricity, as may be supplied either to the City of Vicksburg or its inhabitants. Section 3. The poles and wires shall be erected and main- tained in accordance with the provisions and specifications of the ordinance of March 3rd, 1897, governing the subject; pro- vided that the Mayor and Aldermen of the City of Vicksburg shall have the right at any time of requiring any of the said wires to be laid in underground conduits, on any street which the city may decide to pave. Section 4. The rights and priviliges hereby granted shall not be assigned to any other person, firm or cor])oration with- out the consent of the Mayor and Aldermen of the City of Vicksburg. Section 5. The City of Vicksburg shall not be liable for any damages which may be sustained by any person, firm or corporation by reason of the exercise of the rights and priv- ileges hereby granted. Section 6. This ordinance shall be null and void unless work shall be commenced upon the erection of a power plant 124 for the iDurpose of furnishing electricity within six months, and it be completed within eighteen months from the date of its passage. Ordained this 15th day of October 1906. A.pi:>royed this 16th "day of October 1906. I have examined this Ordinance and find it perfectly legal. Sheds and Galleries Ordinance. AN ORDINANCE to prohibit the erection of Sheds, Galleries, etc., over the sidewalks on Washington street, and to require the removal of those already existing. Section 1. Be it ordained by the Mayor and Aldermen of the City of Vicksburg that hereafter it shall be unlawful for any owner, tenant or occupant of any house, or lot, or jDart of a house or lot, fronting or abutting on Washington street in the City of Vicksburg, between Bridge street [amended by or- dinance of Dec. 18, 1906, so as to read South Madison street] on the south and Glass Bajmu bridge on the north, to build, erect or construct, or cause to be erected, built or constructed, in front of said house or lot or part of house or lot, any shed, porch, gallery, balcony or other structure which shall extend over or across any sidewalk or part of a sidewalk on said Washington street between the points hereinbefore named. Section 2. Be it further ordained that all sheds, porches, galleries, balconies or other structures now existing and ex- tending over and across any sidewalk or part of a sidewalk between the points named in sections 1 and 2 of this ordinance, are declared to be dangerous to the public, to interfere with the extinguishment of fires, to be obstructions to the free use of said street and said side-walk and to be nuisances; and the owner of any house, or part of a house, or any lot or part of a lot, fronting or abutting on Washington street between the points named, to which sheds, porches, galleries, balconies or other structures are at present attached, and which extend over and across or over-hang any sidewalk or part of a side- walk, oil Washington Street between tlie points named, is ordered and required to tear down and reiiiiove the same within ninety days from the passage of this ordinance, and every week’s failure to tear down and remove tlie same after the expiration ot that time shall constitute a separate oftense and be punished accordingly. Section 3. Be it further ordained that Sections 1 and 2 of this ordinance shall not apply to awnings made of cloth, canvass or other like material, and Avhich are so constructed as to be raised and lowered at will by the owners thereof, and which when lowered are not less than seven feet above the sidwalk. Sction 4. Be it further ordained that all persons violating Sections 1 and 2 of this ordinance shall be deemed guilty of a misdemeanor, and shall upon conviction be fined in a sum not exceeding ^100. 00 or imprisoned not exceeding thirty days or both. Section 5. Be it further ordained that this ordinance shall take effect and be in force from and after its passage. Ordained this 21st day of May 190G. ApjDroved this 22nd day of May 1906. Telephone, Telegraph and Electric Wire Ordinance. AN ORDINANCE to provide for the removal of all telephone, telegraph and electric wires from Washington Street and the sidewalks there- of, between Glass Bayou on the north and Harris street on the south, and the placing of the same underground, and for other pur- poses. Section 1. Be it ordained by the ^layor and Aldermen of the City of Vicksburg that all telephone, telegraph and elec- tric companies, or corporations, or any other person or persons, individual or corporations having, maintaining or using any pole or poles for telegraph, tele])hone or electric purj)oses, or for the purpose of stringing thereon wires, cables or conveyors for the transmission of sound, or signal, or heat, light or power, on Washington Street and on the side-walks thereof, in Vicks- burg, Mississippi, between Glass Bayou on the north and liar- 126 ris Street on the south, shall take down and remove all such poles and wires from said street and said sidewalks between the points named, before the first day of September 1906, and jDlace such wires imdergTound on said street in a proper man ner to be approved by the City Engineer of the City of Vicks- burg or such other person as the City may in the meantime a|)point to supervise such removal and such placing.' Provided, however, that nothing in this ordinance shall apply to any pole or poles used solely for the carrying and supporting of its over- head contact trolley wires of any street railway company under the authority of any ordinance of the City. Section 2. Be it further ordained that from and after the 1st day of September, 1906, it shall be unlawful for any tele- phone, telegraph or electric light company, or any other per- son, corporation or individual to erect, or to keep, maintain or use any pole or poles on Washington street or on the side- walks thereof between the points named in the first section of this or- dinance for telegraph or electric light purposes, or for the pur- pose of stringing thereon wires, cables or conveyors for the transmission of sound or signal or of heat, light or power. Section 3. Be it further ordained that any person, corpo- ration or individual failing or refusing to comply with the first Section of this ordinance wdthin the time named therein shall upon convction be fined in the sum of $100, and every day’s failure and refusal to comply with the same after the first day of September, 1906, shall be considered a separate and distinct offense, and the offender may he proceeded against accordingly. Any person convicted of violating the second section of this ordinance shall upon conviction be fined in the sum of $100.00. Section 4. Be it further ordained that if the offender against Sections 1 and 2 of this ordinance be a corporation, then such corporation shall be proceeded against as pro- vided for by Section 1367 of the Revised Code of 1892 of the State of Mississippi, which section is hereby adopted and made a part of this ordinance, except that the charge against such a corporation shall be made by affidavit instead of by indictment, and the City Marshal of the City of Vicksburg shall execute the process in said cause instead of the Sheriff of Warren County, Mississippi. Section 5. Be it further ordained that if any telephone, telegraph and electric light company, or other person or corpo- ration shall fail to comply with Sections 1 and 2 of this ordi- nance, or shall violate the same, in addition to the fine herein- before imposed, the City ^Marshal shall be and he is hereby au- thorized and empoAvered, iii)on an order of the Board of Mayor and Aldermen, to remoA’e said ]x)les and Avires at the expense of the person, corporation or individual havino-, using or main- taining the same in violation of this ordinance. SectiO’n 6. Be it further ordained that this ordinance shall take effect and be in force from and after its passage. Ordained this 2nd day of July, 190G. ApproA'ed this 3rd day of July, lOOG. Gas, Water and Sewage Mains and Pipes Ordinance. AN ORDINANCE to regulate the laying of Water Mains and Service Pipes for Water, Gas and Sewage, under and along the streets and alleys of the City of Vicksburg. Section 1. Be it ordained by the Mayor and Aldermen of the City of Vicksburg that all Water, Gas and SeAvage mains hereafter laid, or to be laid, under and along any of the streets and alleys of the City of Vicksburg shall be placed at a depth under the established grade of such streets and alleys of not less than three feet. Section 2. That all service or Avaste pij)es for conveying Avater, gas or seAverage from or to the mains or j)ipes under any of the streets or alleys of the said City, to or from the ])rem- ises of any person, shall be laid at a depth of not less than tAvo and one-half ( 2 1-2) feet at the curb line of such street or alley Avhere such pipes are placed. That AAdiere any such service or Avaste pipes as are noAV laid under and along any of the streets or alleys of the City, are at a depth less than tAvo and one-half (2 1-2) feet l)eloAv such curb line, the owner of the ])roj)erty which is served by or connected Avith any such ])ipes is hereby required Avithin fiA'e days after notice to that effect published in one of the daily neAvspapers of the City of Vicksburg, to re- moA^e such pipes entirely, or to loAver the same to a depth of not less than tAVO and one-half (2 1-2) feet at such curb line. 128 Section 3. That the City Engineer be, and is hereby re- quired to inspect the laying of any such service or waste pipes as mentioned in Section 2 of this oraiiiance, and to see that they are laid at the depth and in the manner reqnired herein, and to immediately report to the Mayor and Aldermen of the City of Vicksburg any violations of said requirements. Section 4. That any person who shall violate any of the provisions of this ordinance, shall be deemed guilty of a mis- demeanor, and shall, upon conviction, be fined in a sum not ex - ceeding Fifty dollars, or imprisoned not exceeding thirty days, or both; and in addition to such fine and imprisonment, all work done in violation of this Ordinance, may be removed un- der the direction of the Mayor and Aldermen of the City of Vicksburg, or may be done according to the requirements of this ordinance, and the cost of such work, together with twen- ty-five per cent damages added thereto, shall be assessed and levied as a tax against the property for whose benfit said work was done, or in connection with which said pipes were laid, the same to be collected in the same way and with the same reme- dies as any other tax against said property may be collected. Section 5. That this ordinance take effect and be in force from and after its passage. Ordained this 10th day of October, 1906. Approved this 11th day of October, 1906. CRIMINAL ORDINANCES. i 9- City 131 Criminal Ordinances. AN ORDINANCE entitled an Ordinance to define and punish certain offenses against the Mayor and Aldermen of the City of Vicksburg, and to provide for the health, peace, security and good governnient, and the general welfare of the inhabitants thereof. Be it ordained by the Maj^or and Aldermen of the City of Vicksburg as follows, to-wit : 1. Advertisement; penalty for pulling down. (1034) If any person shall pull down any advertisement authorized by law, he shall, on conviction, be lined not more than ten dollars. 2. Advertisement; tacking on telephone or telegraph poles. If any person shall tack, nail, paste or post, or in an}^ man- ner attach any advertisement or sign, bill or dodger, of cloth, paper, tin, metal or any material whatever, to or upon any tele- phone, telegraph, or electric light post or pole in this city, he shall on conviction be lined not more than ten dollars for each offense. 3. Adulterated Food; penalty for selling. A person who sells or manufactures, exposes, or offers for sale as an article of food, any oleomargerine or other sub- stance in imitation of any article of food, without disclosing the imitation b}^ a suitable or plainly visible mark or brand, indicating and naming what the substance really is, shall be guilty of a misdemeanor, and shall upon conviction be lined not more than one hundred dollars. 4. Assault and Battery; penalty. Any person who shall assault or beat another, or lay vio- lent hands upon, or strike another, shall ii]K)n conviction l)e fined not more than one hundred dollars, or imprisoned not more than one month, or both. 132 5. Attempts, Offense Incomplete; penalty. ( 1049 ) Any person who shall design and endeavor to commit an offense, punishable by any ordinance of this city, and shall do any overt act towards the commission thereof, but shall fail therein, or shall be prevented from committing the same, on conviction thereof shall in the discretion of the court be punished by fine and imprisonment not exceeding that pro- vided for the completed offense. There must be an intent to commit a crime and an act done toward its consummation. So long the act rests in bare intention it is not pun- ishable. Cunningham v. State, 49 Miss., 685. See also Osborn v. State, 64 Miss., 318. 6. Animals, Cruelty to ; cock fighting, etc. (1093 ) If any person shall keep or use, or be in any Avay interested in the management of, or shall receive money for the admission of any person to, any place kept or used for the purpose of fighting any bear, dog, cock or other creature, or of tormenting or torturing the same, and if any person shall encourage, aid or assist therein, or shall permit or suffer any place to be so kept or used, he shall upon conviction be fined not exceeding one hundred dollars, or be imprisoned not exceding one month, or both. 7. Animals, Cruelty to; not to be carried in inhum.an manner. (1905) If any person shall carry or cause to be carried by hand or, in or upon any vehicle or other conveyance, any creature in a cruel or inhuman manner, li3 shall upon con- viction be fined not more than one hundred dollars. 8. Animals, Glandered; to be killed. (1096) If any person being the owner or having the charge of any animal diseased Avith the glanders or farcy, shall not depriA^e the animal of life, he shall upon conviction be fined not more than one hundred dollars. 9. Animals, Glanders, Farcy; not exposed for sale. (1087 ) If any person shall knowingly sell, or of- fer for sale, or use or expose, or shall cause or procure to be sold or offered for sale, or used or exposed, or if any person being the oAvner or person in charge thereof, shall fail to report to the Chief of Police any horse or other animal having the disease knoAvn as glanders or farcy, or any other like conta- gious or infectious disease, he shall on conAuction be fined not more than one hundred dollars. 133 10. Animals, Malicious Mischief; penalty. (1099) If any person shall maliciously, either out of a spirit of revenge or wanton cruelty, or shall mis- chievoush^ kill, maim, or wound or injure any horse, mare, gelding, mule, sheep, cattle, hog, dog, poultry, or other live- stock, or cause any person to do the same, he shall upon convic- tion be fined not more than one hundred dollars, or be im- prisoned not more than one month, or both. The section defines two distinct attributes of malicious injury, within one or the other of which the facts must bring a case to warrant convic- tion: (1) that the injury was done “maliciously; either out of a spirit of revenge or wanton cruelty;^’ or (2) that it was done “mischievously.” Duncan v. State, 49 Miss., 331. And the affidavit or indictment must aver one or the other. Thompson V, State, 51 Miss., 353. But an indictment wffiich avers that the offense was “maliciously” done, without adding the words “out of a spirit of revenge or wanton cruelty,” is good. Eembert v. State, 56 Miss., 280. Guilt is determinable by the intent and purpose which prompts the act. Stephens v. State, 65 Miss., 329. 11. Animals, Cruelty to; general provisions. (1091 ) If any person shall over drive, over-load, over-ride, torture, torment, unjustifiably injure, deprive of necessary sustenance, food or drink; or cruelly beat, or need- lessly mutilate, or kill any living creature ; or cause or procure any of the foregoing acts or omissions, he shall on conviction be fined not more than one hundred dollars, or imprisoned not more than one month, or both. One merely riding with and paying a fare to another, who hired a team, cannot be convicted of cruelty to the team, in over-loading and over- driving. Atkins V. State, (32 So. 921.) 12. Animals; certain not to be kept in public view. (1296) If any person shall keep a stallion, bull, or jack in view of the public streets of this city, or shall stand such animal in open view of any public place, or shall negli- gently keep such animal or suffer it to run at large, he shall upon conviction be fined not exceeding fifty dollars. 13. Animals; certain not to run at large. It shall be unlawful for any horse, mule, jack, cow, bull, yearling, goat, sheep or hog, or cattle or any kind of stock to run at large in and upon the streets, alleys or commons of said City of Vicksburg. 14. the same; to be impounded. It shall be the duty of the City Marshal, and the police of 134 said city, and of such other person or persons as shall be desig- nated by the Mayor and Aldermen to arrest take up confine and put in pound any such of the foregoing animals as shall be found running at large within the city limits as aforesaid. 15. the same; pound provided. A suitable place or pound shall be provided for the safe- keeping of the animals so taken up, and said pound shall be kept up and maintained at the expense of the city. 16. the same; penalties. Any owner or persons having in charge any such animals as are named in section thirteen hereof, who shall permit or suffer any such animal to so run at large shall be guilty of a violation of this ordinance, and subject to a fine of not more than five dollars, and shall pay the cost of keeping and con- fining said animal while in pound. 17. the same; unclaimed animals, how sold. If within three days from the day an animal is put into the pound the owner or person in charge thereof calls for the same, such animal shall be delivered to him upon the payment of one dollar, for taking up, and 50 cents per day for main- tenance, for each head of goats, swine, sheep, horses, mules, cattle, donkeys or cows. If no one claims the same within the period of three days the Chief of Police shall cause a notice to be inserted in some newspaper published in the city for five successive days, briefly describing the animal, and giving no- tice that unless redeemed the same will be sold at public sale at a certain hour of a certain day at the pound. All of said animals not redeemed by the payment of the pound fees afore- said, and 25c per head for each day after the expiration of the first three days, shall be sold on the day named in the said notice, by the City Marshal or some person authorized by him, at public auction to the highest bidder for cash. The City Marshal, or officer selling said animal shall keep a record con- taining a brief description of the property sold, the price paid, and the name of the purchaser thereof, which shall be filed in the office of the City Marshal. The proceeds of the sale shall be paid over at once to the City Treasurer who shall hold said fund for sixty days, subject to the order of the owner of said animal, after retaining enough to pay all costs, fees and charges, including cost of advertising. Should said fund re- main unclaimed after the expiration of sixty days it shall be paid into the city treasury. 135 18. the same; purchaser to acquire valid title. A j^iirchaser at any such sale above mentioned shall be vested with a good and perfect title to the property. 19. Driving loose mules on Washington Street. It shall be unlawful for any owner or person in pos- session or control of loose mules, horses or horned cattle to drive the same in any number exceeding two, up or down, or through, an}^ part of Washington Street in s.iid city, between South ^ladison and China Streets. Any person violating this section shall, on conviction, be fined not more than twenty dollars for each offense. 20. Animals; dog tax. A privilege license tax of one dollar per annum is hereby created and imposed on each dog without regard to sex that is permitted or allowed by its owner or keeper to run at large within the limits of the City of Vicksburg. 21. the same; Assessor to provide license tags. The City Assessor shall cause to be made and keep in his office license tags made of brass or some other durable metal, each to be numbered and marked “License Tax on Dogs”, and he shall keep a register of all tags sold by him, to whom they are sold, and a short description of the dog upon which they are to be used. All tags procured and purchased from the said assessor shall be attached fo a collar on the dog described on the register provided for in this ordinance. All money paid to and collected by the assessor for the said license tags shall be paid into the city treasury in the same manner and at the same time as other privilege taxes are paid. 22. the same; Catchers appointed; unclaimed dogs disposed of. The Mayor shall authorize and appoint some suitable person or persons at his discretion to kill or destroy, or to catch, take up and impound all dogs found running at large within the limits of the City of Vicksburg without the license tag hereby required, and the said dogs so caught taken up and impounded shall be delivered to the City Pound Keeper who shall safely keep the same for three days, within which time they may be reclaimed by the owner upon payment of a fine of $2.50, which sum when collected shall be paid into the city treasur}^ Unless said dogs are reclaimed within said time they shall be killed and destroyed by the order of the City Marshal. 136 23. the same; dog catcher’s duty; not to be interfered with. Any person or j^ersons appointed by the Mayor to catch take up and impound dogs shall not be interfered with in the discharge of their duties under the penalties provided by law for the punishment of persons interfering with an officer. Any person or persons so appointed as aforesaid shall receive as compensation for their services the sum of fifty cents for each dog caught, taken up and impounded, which said sum shall be paid monthly out of the general funds in the city treasury. 24. the same; stray dogs disposed of. Any stray dog found within the enclosure of any resident of this city may be law^fully killed by such resident, or by any other person for him. 25. Animals; vicious, to be confined. No j^erson shall keep or maintain any vicious dog, or any other vicious animal whatsoever that may be likely to attack and injure any human being, or any other animal, unless the same be tied or confined in some secure place. In no case shall any such animal be permitted to run at large. Any person violating this section shall upon conviction be fined not more than one hundred dollars. 26. the same; hogs not to be kept in city. It shall be unlawful for any person to keep enclosed in any pen, or otherwise, any swine of any description within the limits of said city. Any person or persons guilty of said offense shall upon conviction be fined not exceeding twenty dollars. 27. Arrests; who may make. (1444) Arrests for crimes and offenses committed within the limits of the City of Vicksburg, or within the ju- risdiction thereof, may be made by the City Marshal, or his deputy, by any policeman, or other officer to whom the police power rightfully belongs. Private persons may also make arrests. Where a private person deputized by a justice of the peace to execute a warrant of arrest issued by him acts under the warrant in making the arrest he is entitled to the protection afforded a de facto officer in serving a warrant. Harris v. State 72 Miss,, 99. 28. the same ; all persons to assist officers in. (1445) Every person when commanded so to do an officer seeking to arrest an offender, must aid and assist 137 in making the arrest, and must obey the commands of the officer in respect thereto. 29. the same ; made at any time and place. (ld-16) Arrests for criminal offenses and to prevent a breach of the peace, or the commission of a crime, may be made at any time or place. 30. the same; when made without warrant. (14dT) An officer or private person may arrest any person without warrant, for an indictable offense committed, or a breach of the peace threatened or attempted in his presence ; or when a person has committed a felony, though not in his pres- ence ; or when a felony has been committed and he has reason- able ground to suspect and believe the person proposed to be ar- rested to have committed it ; or on a charge made upon reason- able cause, of the commission of a felony by the party pro- 2)osed to be arrested. And in all cases of arrests without war- rant, the j)erson making such arrest must inform the accused of the object and cause of the arrest, except vdien he is in the actual commission of the offense, or is arrested on jDursuit. "WTiere a felony is committed at night, and being discovered the next morning an officer and others immediately follow, and shortly coming upon the felon in hiding he flees and is followed, this is a fresh pursuit wdthin the meaning of the above section and a warrant for the arrest is not neces- sary. White V. State, 70 Miss., 253. 31. the same; officer may break and enter. (1448) To make an arrest any officer or private person, after notice of his office and object, if admittance be refused, may break open a window, or outer or inner door of any dwell- ing or house in which he has reason to believe the offender may be found. 32. the same; if offender escape officer may pursue. (1449) If any offender escape, or be rescued the person from whose j^ossession or custody escaped or was rescued may immediately pursue and retake him at any time and in any county without warrant. 33. the same; offiender to be taken before officer. (1450) Every person making an arrest shall take the of- fender before the proper officer without unnecessary delay for examination of his case. 34. the same; officers making arrests not liable. (1451) Officers and others who make arrests as authorized 138 or rec^iiired by law shall not be liable on accoilnt thereof, civilly or criminally, notwithstanding it may appear that the party arrested was innocent of any offense. 35. the same; duty of officers in gambling cases. (1455) It shall be the duty of every police officer of the City of Vicksburg, when they know or have reason to suspect any person to be guilty of a violation of the city ordinances in reference to gambling or gaming, to apprehend such person, with or without warrant, and to bring him before the City Court, and to a])pear and prosecute such offender; and for that purpose any such officer, if he know or have reason to believe that any gambling or gaming is being carried on in any house, room or place, may lawfully break into the same with or without warning to the persons therein. 36. Arrests; persons refusing to assist officer. If any person shall fail or refuse to aid or assist a police officer, or policeman, when lawfully called upon to do so by such officer or jDoliceman who is in the discharge of his duty, such person shall, on conviction, be fined not more than five dollars. 37. Arrests; bonds, how made. Any person arrested in this city for a violation of the criminal ordinances thereof, shall have the right to give a good and sufficient bond in the penalty of not less than twenty nor more than two hundred dollars, to be fixed by the City Marshal, for his appearance before the City Court at a day and hour specified therein. Such bond may be ten- dered to the City Marshal, and, when approved by him, the person shall be released from custody. No police officer shall be authorized to receive and approve any such bond, nor to release any person thereon, except upon order of the City Marshal. Should any person after giving such bond, fail to be and appear before the City Court according to its conditions, the Police Justice shall declare such bond forfeited, and at once deliver the same to the City Attorney for collection. 38. Public Balls; permit required. It shall be unlawful for any owner or lessee or person in control of any hall or other building in the City of Vicksburg to authorize or permit any ball or dance for which an admis- sion fee is charged and required to be paid by those attending it, to take place therein without first having exhibited by him 139 a permit from the flavor or City ^Marshal authorizing such ball or dance to be held. • 39. the same; permit, how obtained. Any person or persons desiring to give a ball or dance within said city for admission to which a fee or charge will be required to be paid by those attending, shall, at least twenty four hours before the time fixed for the same apply in writing to the i\Ia 3 mr or City Marshal of said cit}^ for permission to give said ball or dance stating the time and place of said ball or dance, and giving the names of those who are to have the control and management of the same. 40. the same; disorderly conduct at. The person or persons applying for and receiving said permit and any owner, lessee or person in control of am" such hall shall be responsible for the good order and decent behavior of the persons assembled at said ball or dance, and for any breach of the peace or disorderly conduct by any one admitted to said ball or dance, he or they shall be subject to arrest and trial before the City Court; and upon due proof that such breach of the peace and disorderly conduct was committed shall be punishable by a fine of not more than one hundred dollars. Provided, that said person or persons may protect themselves from said penalty by showing to the satisfaction of the court that they made an effort to prevent such breach of the peace or disorderly conduct, and by bringing the real ac- tors therein to punishment, said actors being also declared hereb}^ subject to said penalty upon conviction thereof before the City Court. 41. Bribing an Officer; penalty. Any person who shall promise, offer or give to aii}^ police officer. Chief of Police, City Marshal, work house keeper, chain-gang guard, or any other officer or agent of the city whatsoever, any monejy goods, or other valuable thing, with intent to influence his official action in any matter whatsoever, shall on conviction be fined in any sum not exceeding one hun- dred dollars, or be imprisoned not exceeding one month, or both. 42. Butcher; to keep register of animals bought. (1055) Any butcher, or dealer in cattle, sheep or hogs, or hides, who shall fail to enter in a book or register the names of all persons from whom he buvs, and a description b\" marks and brands or otherwise, of all animals bought or kept by him for slaughter, or of all hides purchased, or to 140 allow an inspection of such entries at any time, by any person interested to make it, shall on conviction be fined not exceeding one hundred dollars, or be imprisoned not exceeding one month, or both. 43. Buzzard; not to be destroyed. (1075) If any person shall wantonly kill or injure any buzzard, he shall on conviction be fined not exceeding twenty dollars. 44. Burglar’s tools; not to have. It shall be unlawful to have in actual or constructive pos- session any instrument or thing used for the commission of burglary, or for picking locks, or pockets, or any swindling device. Any person violating this section shall on conviction be fined not more than one hundred dollars, or be imprisoned not more than one month or both. 45. Buildings; not to become unsafe and dangerous. It shall be unlawful for any person or corporation owning store houses or other buildings abutting on any of the public streets of said city to j^ermit the same to get out of repair from age or other cause so as to be liable to originate or spread fire, or to become dangerous to any tenant or occupant thereof, or to the public travelling along said streets and sidewalks. 46. the same ; to be examined and reported on. Whenever the attention of the Mayor and Aldermen shall be called to the dangerous and unsafe condition of any building on said streets or alleys by the City Marshal or other person, it shall be the duty of the Mayor andAldermen to employ some comi:>etent architect, or other suitable person to carefully ex- amine the same, in conjunction with two disinterested citizens of said city, who shall make a written report of their findings to said Board of Mayor and Aldermen. 47. the same ; proceedings to abate nuisance. Upon the coming in of the report of said architect and two citizens, if they shall report said building unsafe and dangerous, the same shall be declared a nuisnnce. Thereupon it shall be the duty of the City Clerk to issue a written notice to the owner of the property directing said owner to tear down, repair, or make safe said building within ten days from the date of said notice, and said notice shall be served by the City ]\Iarshal or Deputy City Marshal, or by any policeman of said city, on the owner of said property if said owner be a 141 resident of said city, and if not, then on said owner's dnly authorized agent or attorney if there be one resident in the city, and if there be no such agent or attorney in the city then said notice shall be posted in a conspicuous place upon said building, or be mailed, postage prepaid, to the last known post- office address of the owner of said property, his agent or attor- ney. 48. the same ; to be removed. If, after the aforesaid ten days notice, the owner or agent shall fail to repair or remoye the said dangerous building, the Board of Mayor and Aldermen shall direct the City Marshal to cause all persons to y a cate the same until it shall ha ye been 23roperly repaired; and the City Marshal may forcibly eject any owner, occupant, or tenant therefrom, and preyent them or others from entering the same until it shall haye been so properly repaired. The City Marshal shall then have such building demol- ished, or repaired, or such portion thereof as it may be neces- sary to demolish, remove or repair, for the public safety. The cost of such work shall be borne by the owner of the property, but shall be paid in the first instance out of the city treasury. 49. the same; expense of removal collected with taxes. The expense incurred in carrying out the provisions of section 48 hereof shall constitute a lien on the building and lot on which it stands, and the Assessor and Collector of Taxes for said city shall assess and collect the same as is provided for the collection of the gravel tax in Article 25 of Section 28 of the charter of said city. 50. the same; penalties. Any person violating any of the provisions of sections 45, 47 or 48 hereof or neglecting or refusing to obey any legal notice with reference thereto, shall, upon conviction, be fined not more than one hundred dollars, or be imprisoned not more than one month or both. And each day the said nuisance may continue after notice, or such person may neglect or refuse to obey any such notice or order, shall constitute a distinct and separate offense. 51. Cigarettes, etc.; not sold to persons under sixteen. (1082 ) If any person shall sell, barter or give away any cigar or cigars, cigarette or cigarettes, or cigarette papers, smoking tobacco, chewing tobacco, or snuff, to any child under the age of sixteen years, unless previously author- 142 ized in writing by the parent or guardian of such child, he shall on conviction be fined not more than one hundred dollars. 52. Cotton Seed; register to be kept. (1090) Every person who buys or barters for seed cotton and fails to enter in a book or register the names of all persons from whom he buys, or procures by barter, such cotton, the date of the transaction, the quantity received, and the place where said to have been grown, or to allow an inspection of such entries at any time by any person interested to make it, shall, on conviction, be fined not more than one hundred dol- lars, or be limprisoned not more than one month, or both. 53. Cotton Seed; not bought in night time. (1089 ) If any person shall buy, sell or exchange, or receive or deliver in pursuance of any contract of sale or exchange, any cotton in the seed, or ginned and not baled, between sunset on one day and sunrise on the next, he shall upon conviction be fined not exceeding one hundred dollars and imprisoned not more than one month, or both. 54. Cemetery; visitors regulated. It shall be unlawful for any person to visit the City Ceme- tery between the hours of 7 :30 P. M., and 6 :00 A. M., during the months of April, May, June, July, August and September, and between the hours of 6 o’clock P. M,, and 7 o’clock A. M., during the months of October, November, December, January, February and March without jDermission from the City Sex- ton. Any person violating this section shall on conviction, be fined not more than fifty dollars, or be imprisoned not ex- ceeding one month, or both. 55. the same; monuments, headstones, etc., how placed. It shall be unlawful for any person to place, erect or set up any head-stone, monument, stone, brick or marble work of any kind in a lot in the City Cemetery, wfitlioiit first having procured the consent of the City Sexton. 56. the same; sexton to superintend erection of. No stone or marble work of any kind shall be set up placed or erected in the City Cemetery unless the same is set or placed upon a good and substantial brick or stone foundation, but the City Sexton may dispense with such requirement if, in his discretion, he deems such work unnecessary, and it shall be the duty of said City Sexton to supervise and direct the set- ting and erection of all stone brick and monumental work in said cemetery. 143 57. Cemetery; offenses respecting. If any j^erson, not being duly authorized, shall cut destroy injure or reinoye any flowers or shrubbery in the City Ceme- tery, or shall nmtihite, deface, injure f>r destroy any fence, mon- ument grayestone, or any part thereof, or anything, appertain- ing thereto ; or if an}" person shall discharge firearms, or hunt with firearms, dogs or otherwise; or permit any horse, coAy, sheep mule, or any kind of stock or horned cattle to run at large within the limits of the said City Cemetery, he shall upon conyiction be fined not exceeding one hundred dollars, or be imprisoned not more than one month or both. 58. Cocaine; how sold. (1083 ) If any druggist, or other’ person w"homso- eyer, shall sell or giye away any hydro-chlorate of cocaine, or any ju’eparation thereof, without the person buying or receiy- ing the same presenting and leaving with the seller or giver a written certificate signed by some reputable physician show- ing that the same is necessary or proper to the health of the person for whose use the same is desired, naming the person, which said certificate shall be retained on file by the seller, and entered in a register kept for that purpose, which said register shall be open to inspection by the police, he shall on conviction be fined not more than one hundred dollars, or be imprisoned not more than one month, or both. 59. the same; physician not to give false certificate. If any physician shall give a certificate of the kind men- tioned in the preceding section which is false he shall on conyiction be fined not more than one hundred dollars, or be imprisoned not more than one month, or both. 60. Discharging Fire Arms; penalty for. If any person shall unnecessarily discharge any fire arm in any portion of this city, he shall, upon co}iyiction, be fined not more than twenty-five dollars. 61. Disorderly Conduct; what constitutes, penalty. If any person shall upon the streets of said city, or in any store-house, theatre, saloon, dwelling-house, public build- ing, or at any place whatsoever Avithin the limits of said city, make use of any violent, profane, abusive or obscene language, or be guilty of any Audgar, indecent or oll'ensiA^e conduct, or do any other aot or thing contrary to the peace, security and good order of the city, he shall l)e guilty of a misdemeanor, and upon conviction shall be fined in any sum not exceeding 144 one liimdred dollars, or be imprisoned not more than one month, or both. 62. Disorderly House; definition, penalty. It shall be unlawful for any person to keep a disorderly house by making or causing to be made within lewd and im- proper noises, or by collecting therein drunken noisy and dis- orderly persons to the anoyance of others and the disturbance of the neighborhood. Any person violating this section, shall, upon conviction, be fined not more than one hundred dollars, or be imprisoned not more than one month, or both. 63. Disturbing the Peace; penalty. (1111 ) If any person shall wilfully disturb the l^eace of any family or person by an explosion of gunpowder or other explosive substance, or by loud or unusual noise, or by any tumultuous or offensive conduct he shall upon convic- tion be fined not more than one hundred dollars, or be im- prisoned not more than one month, or both. What constitutes the offensive conduct, or the nature or character of the offensive condiuft, should be stated in the affidavit. Finch v. State, 64 Miss., 461. An affidavit averring the disturbance of an individual charges no offense. Brooks v. State, 67 Miss., 577. 64. Collecting Crowds; obstructing streets, penalty. It shall be unlawful for any person to employ any device noise or performance tending to the collection of persons on the streets, or other public places to the obstruction of the same. Any person violating this section shall on conviction be fined not more than twenty five dollars. 65. Disturbing the Peace; definition, penalty. (1112 ) If any person shall enter the dwelling house of another, or the yard or curtilage thereof, or upon the j)ublic streets, or any other place near such premises, and in the presence and hearing of the family of the possessor or occu- pant thereof, or of any member thereof, or of any female, make use of any vulgar profane indecent or abusive language, or be guilty of any indecent exposure of his person at such place, he shall upon conviction be fined not more than one hundred dol- lars, or be imprisoned not more than one month, or both Place is material. An indictment charging the use of abusive language in a yard is not sustained by proof of its use near the yard. Quin v. State, 65 Miss., 479. An indictment charging the use of abusive language in a highway near the premises of another and in presence of a member of the latter’s family is sufficient. State v. Moore, (24 So. 308). 145 66. Disturbing Religious Worship; penalty. (1113 ) If any person shall wilfully disturb any con- gregation of persons lawfully assembled for religious worship he may be immediately arrested by any officer or private person present without warrant, and delivered into the custody of the City Marshal. And on conviction thereof he shall be fined not more than one hundred dollars. An indictment is defective fatally if it fails to State the nature or character of the disturbance. Conerly v. State, 66 Miss., 96. 67. Drunkenness, Profanity in Public; penalty. (1295 ) If any person shall profanely swear or curse, or be drunk in any public place, in the presence of two or more persons, he shall, on conviction be fined not more than fifty dollars for each offense. The indictment must set out the profane language used. Walton v. State, 64 Miss., 207. It is not necessary to profanity that the name of the Diety be used. State V. Wiley 76, Miss., 282. One cannot defend a charge of resisting an officer seeking to arrest him because drunk in a public place to which he had necessarily been taken on account of his own wrong doing. Brown v. State, 81 Miss., 137. 68. Drunkenness in Private, Annoyance of Others; penalty. If any person shall be drunk in any private place to the annoyance of others, or the disturbance of the peace, he shall, upon conviction, be fined not more than ten dollars for each offense. 69. Dram Shops; provisions relating to. A. It shall be unlawful for any person in the City of Vicksburg to sell, barter, or give away to induce trade, any vinous, alcoholic, malt, intoxicating or spirituous liquor with- out first obtaining license therefor according to the Laws of the State of Mississippi now in force, or hereafter to be enacted. B. Wholesale druggists domiciled and doing business in this city may sell alcohol to retail druggists and physicians in any quantity not less than one gallon without a license. C. It shall be unlawful for any person having a license to sell such liquors in this city to : I. Fail to keep a quiet peaceable and orderly house; or II. Suffer or commit any riotous or disorderly conduct, or any drunkenness, or unlawful gaming or gambling in or lO-City 146 about the house or place where such liquors are kept, or on the premises thereunto belonging; or III. Sell or give away such liquors bitters or drinks to any intoxicated person; or IV. Having a license to sell in less quantity than one gallon, to sell, barter or give away to induce trade, any liquors bitters or drinks at any place or house other than that specified in his license; or Y. Keep open the dram-shop, bar, or place where such liquors are sold, or sell any such liquors between the hours of HP. M. of the day and 5 A. M. of the next day; or VI. Having a tax license to sell in quantities of one gallon or more, shall i^ermit the drinking of such liquors or drinks in his store or on his premises; or VII. To allow females in such dram-shops, or to sell any drinks of vinous spiritous or malt liquors to females; or VIII. To sell any vinous alcoholic, malt, intoxicating or spiritous liquors, or intoxicating bitters, or other drink which if drunk to excess will produce intoxication, in any quantity, to any person in the habit of becoming intoxicated, to an In- dian, to any minor; or IX. To sell any such liquors, or to keep open the dram- shop, bar, or place where such liquors are sold, on the first day of the week, commonly called Sunday ; or X. To permit or suffer dice-throwing or other game of chance, card playing or billiard or pool-playing in his dram shop, or suffer dice-throwing or other game of chance or card playing on his premises, or in any adjoining apartment subject to his control; or XI. To sell liquors between the hours of twelve o’clock of the night preceding any general or special election and twelve o’clock of the night succeeding the election ; or to XII. Use or permit about the premises any screen or screen door or any other thing or device by which persons in the dram-shop may be hidden from public view; or to XIII. Carry on the business of the dram-shop except in the front part of the building in which it is conducted ; or to XIV. Permit any minor to come into and remain in the dram shop. If any person shall violate this section he shall upon 147 conviction be fined not more than one hundred dollars, or im- prisoned not more than one month, or both. 70. the same; procuring for minor, etc. It shall be unlawful for any person not being the parent or guardian, or in loco parentis to the minor, to procure in- toxicating liquors, bitters or drinks for any minor, or to pro- cure the same for an Indian or for a person in the habit of becoming intoxicated, and any person violating this section, shall on conviction be fined not more than one hundred dollars, or imprisoned not more than one mouth, or both. 71. the same; license avoided, etc. If any person having a license to retail liquors, shall vio- late any of the provisions of the laAv of this city in reference to such sale, his license shall thereafter be void, and he shall not be permitted to carry on the business of I'etailing liquors ; and no license shall thereafter be issued to such person. And for the space of two years thereafter no license shall be granted to any person whomsoever to carry on the business of re- tailing liquors in the same house where such violation oc- curred. 72. Prosecutions under; evidence. On the trial of all prosecutions for the violation of law by the sale or giving away of liquors bitters or drinks, the city shall not be confined to the proof of a single violation, but may give evidence of any one or more offenses of the same character committed anterior to the day laid in the affidavit, and not barred by the statute of limitations. But in such case, after conviction or acquittal on the merits, the accused shall not again be liable to prosecution for any offense of the same character committed anterior to the day laid in the affi- davit. 73. Infant Not to Lie About Age. If an infant when asked by a dram-shop keeper when en- tering a dram shop, how old he is, shall falsely answer that he is over twenty one years of age, or in words so meaning, he shall on conviction be fined not more than twenty dollars. Supreme Court Decisions on above sections. One licensed to retail may sell in any quantity; hence there is no reason why applying in terms for a license to sell generally should be bad, since the only license the authorities can grant is one to retail. Hearn v. Brogan, 64 Miss., 334. Unless the petition show the petitioner to be a resident of the munici- 148 pality, and good reputation,” the grant of license would be voict. McCreary v. Rhodes, 63 Miss., 308. The grant of the license is within the discretion of the corporate au- thorities, and they may refuse it, even though the applicant for license has met all the requirements of the law. Perkins v. Ledbetter, 68 Miss., 327. If the petition fail to recommend the applicant to be ‘‘of good repu- tation” it is insufficient. Corbett v. Duncan, 63 Miss., 84. A petition which avers that a certain firm, as “A. Loeb & Co.,” are of “good reputation,” etc., is not sufficient, because of a failure to set out the individual names of the firm. Loeb v. Duncan, 63 Miss., 89. The petition must show that the applicant is a resident. McCreary v. Rhodes, 63 Miss., 308; McGee v. Beall, 63 Miss., 455. Counter petitions may be presented at any time before the granting of the license, even after the expiration of the month during which the pe- tition for license is required to lie over. Rogers v. Hahn, 63 Miss., 578. Several petitions for license to the same applicant, materially differ- ent, after the names are signed to each, cannot be consolidated by append- ing the names on all to the heading of one. Collins v. Barrier, 64 Miss., 21. Where it is sought to prevent the issuance of any license, the petition against must be signed by a majority of the voters; but where it is de- signed to prevent the granting of a license to a particular person, a single voter, or any number, may present a counter petition for the purpose of raising objections to its issuance. Corbett v. Duncan, 63 Miss., 84. A license should not be granted unless the petition therefor contain the names of a majority of the legal voters, exclusive of all names appear- ing on the counter petitions. The record must show this affiirmativeiy. Roger V. Hahn, 63 Miss., 578. A counter petition may be directed against a particular applicant, or any one else. It is not bad as against the particular applicant because it is also general. Collins v. Barrier, 64 Miss., 21. The statute does not require an ordinance or order of the board on a general petition against license. After the counter petition, containing tho names of a majority, is presented, a license cannot be granted for twelve months Lexington v. Sargent, 64 Miss., 621. A qualified voter is a competent petitioner, notwithstanding his taxes were paid by the dram shop keepers of the municipality, if the payment was not made as a bribe, and with no understanding as to the voter’s exer- cise of the right of suffrage. Ferguson & Head v. Brown, 75 Miss., 214. Signing a petition is analagous to voting, and under Section 241 of the constitution of 1890, petitioners must have paid taxes for two years pre- ceding the year in which they sign. Ib. The mayor and aldermen of a municipality are not disqualified by signing the petition from hearing and deciding upon it. Ib. Where signatures are attested by witnesses, it is unnecessary to pub- lish the names of the witnesses. Ib. No appeal lies from an order refusing a license. Ferguson v. Monroe County, 71 Miss., 524; See also Ferguson & Head v. Brown, 75 Miss., 214. A note to the officer for the license money is void. The statute is positive — the money must be paid; no discretion is left in the officer. New- son V. Thigpen, 30 Miss., 414; McWilliams v. Phillips, 51 Miss., 196. The suit on the bond under the section is a suit by the state, though itbe upon information, and beprosecuted by privatecounselemployed by the informer, and the informer cannot be required to give security for costs. Albrecht v. State, 62 Miss., 516. 149 A bond conditioned to “keep all the conditions of the revised code of 1880“ must be construed to mean the code as amended and in force when the bond was given. O’Flinn v. State, 66 Miss., 7. It is prima facie evidence of a breach of the bond if it be shown that the dram shop was open and an infant entered and bought liquor from a person behind the counter and transacting the business, and with an ap- parent right to sell. The bond is in effect conditioned that the dealer will not violate the law, and will not suffer it violated in his business. Ib. A sale of liquor for the use of an intoxicated person, and to be paid for by him, will be deemed a sale to him, where the liquor is delivered to, or on the order of, another to whom the intoxicated person had previously ordered the retailer to sell on his credit. Schulherr v. State, 68 Miss., 227. In a suit on the bond the principal and sureties are estopped to deny the validity of the license under which the principal has done business, lb. In an action on the bond for selling to an intoxicated person the de- fendant cannot complain where, for the plaintiff, the court instructs tnat if liquor was sold plaintiff could recover, and for the defendant, that it must be shown that the seller knew or had good reason to believe that the pur- chaser was intoxicated. Soloman v. State, 71 Miss., 567. In a suit upon a dram shop keeper ^s bond the plaintiff need only prove his case with reasonable certainty. State v. Spengler, 74 Miss., 129. A board of supervisors cannot release the county ’s half interest in the judgment on a dram shop keeper’s bond. Eevenue Agent v. Cox, 80 Miss., 561. The state revenue agent cannot maintain an action on a dram shop keeper’s bond because of illegal sales of intoxicants by the principal in the bond, made neither in nor about the licensed shop, or on the premises be- longing thereto. Eevenue Agent v. Miller, 81 Miss., 613. A partner may be convicted for a sale of liquor to an intoxicated per- son by his associate, though he were not present, and did not consent there- to. Whitton State, 37 Miss., 379. And it is unnecessary to aver the partnership in this indictment. Gathings v. State, 44 Miss., 343. A merchant is liable criminally for the acts of his agent or clerk in the unlawfful sale of liquors, even if the sale be made without his knowledge or consent. Eiley v. State, 43 Miss., 397. There need not be proof of payment; a sale on credit is within the statute. Ib. Where the indictment charges the prisoner with selling rum, whiskey, brandy and gin, proof that he sold any one of them in violation of law is sufficient. Murphy v. State, 28 Miss., 637. In a trial for retailing the state need not prove the negative aver- ment that the defendant did not have a license. Easterling v. State, 35 Miss., 210; Thomas v. State, 37 Miss., 353; Pond v. State, 47 Miss., 39; Fairly v. State, 63 Miss., 333. The defendant must show his license if he rely on that fact as a de- fense. Thomas v. State, 37 Miss., 353. A seller is not protected by his ignorance of the fact that the liquor sold is intoxicating, or his belief to the contrary. King v. State, 66 Miss., 502. A sale of personal property is ordinarily completed by its delivery to the purchaser. Delivery to a carrier for shipment in the usual course of trade, is prima facie a delivery to the consignee. Pearson v. State, 66 Miss., 510. One who, by request of the proprietor, procured whiskey from an un- 150 licensed bar room for a customer, and collected the price, was properly con- victed as a principlal of unlawfully selling intoxicating liquors. AH who aid in the commission of a misdemeanor are principals. Beck v. 69 Miss., 217 ; Wiley V. State, 74 Miss., 727; Johns v. State, 78 Miss., 663; Wortham v. State, 80 Miss., 205, Though it is unnecessary to charge in an indictment to whom the liquor was sold, yet if a sale to two named persons is averred, this becomes essential as descriptive of the offense, and it is a fatal variance if the evi- dence is of a sale to one only. John v. State, 24 Miss., 569; Dick v. State, 30 Miss., 631; Tyler v. State, 69 Miss., 395. An indictment is good which charges generally a sale of liquor with- out authority of law. Norton v. State, 65 Miss., 297; West v. State, 70 Miss., 598. Where it is alleged that accused unlawfully sold spiritous liquors, it is error to admit evidence of two distinct sales. King v. State, 66 Miss., 502; Bailey v. State, 67 Miss., 333; Naul v. McComb City, 70 Miss., 699. See Section 1762 Code of 1906. The indictment need not allege any particular sale. Protection against subsequent jeopardy is procured by requiring the state to elect and confine its evidence to one sale, and by allowing extrinsic evidence on a si mi lar in- dictment to show acquital or conviction for that sale. Newman v. State, 72 Miss., 124. See Section 1762 Code of 1906. Members of the grand jury are not competent to testify that the sale sought to be proved is, or is not, the one inquired of by it on which the in- dictment w^as found. Ib. An indictment need not aver the holding of a local option election or its results, for Section 1790 requires the courts to take judicial notice of this. State v. Bertrand, 72 Miss., 516. It is competent for the state to show that the accused had paid the license fee and secured the stamp from the United States authorizing him to sell intoxicating liquors. Burnett v. State, 72 Miss., 994. To avail of a former acquittal for unlawful retailing the record must be introduced, and the identity of the offense shown by evidence aliunde. Rocco V. State, 37 Miss., 357 ; Brown v. State, 72 Miss., 95. Upon appeal, it is error to permit the state to amend the affidavit charging a sale to certain persons by striking out their names, and to prove a sale to a different person. Though the names were unnnecessary in the first place, they became a part of tlie description of the offense. Tyler v. State, 69 Miss., 395; Hudson v. State, 73 Miss., 784. A sale of tincture of ginger, prepared in good faith as a medicine, by a duly licensed druggist, does not violate this section. The test is, whether the tincture or essence, was sold in good faith as a medicine, on whether it was a sham preparation, really an intoxicating liquor, and sold as a beverage. King & Wall v. State, 58 Miss., 737; Bertrand v. State, 73 Miss., 51. It is not error to refuses an instruction submitting to the jury the question whether the home-made wine sold by the accused was or was not an intoxicant. Ryfelt v. State, 73 Miss., 415. It is error to admit evidence of more than one sale, and if it bo admitted without objection it is error to give an instruction to the state which ignores the rule that the conviction must be predicated of one sale. Hyman v. State, 74 Miss., 829. See Section 1762 Code of 1906. Parol evidence is not competent to show that the defendanthad a rev- enue license from the United States government without notice to him o produce it; and it is not competent to show that license at all unless 151 it covers tlie time of the sale for which the defendant is prosecuted. Snyder v. State, 78 Miss., 366. It is incompetent to show that defendant kept intoxicating liquors at times other than the date of sale for which he is prosecuted. Ib. An incorporated social club, maintaining apartments, though exclu- sively for its members and invited guests, which without license dispenses therein to its members intoxicating liquors at a fixed price, though not for gain, is guilty of unlawful retailing. Nogales Club v. State, 69 Miss., 218. NOTE: Under Section 1762 of the Code of 1906, the state is not confined to the proof of a single violation, but may introduce evidence of any one or more offenses anterior to the day laid in the indictment or affi- davit. The foregoing annotations upon this point are given to show more clearly the alteration of the statute in this regard. A druggist, whose license for selling intoxicating liquors has expired, may be convicted for a sale of liquor by his clerk without his knowledge, against his orders and in his absence, though he reprimanded the clerk and endeavored to rescind the sale. Teasdale v. State, 3, So., 245. A sentence to pay a fine of two hundred dollars and to be imprisoned in the county jail ttiree months, on conviction of a violation of the local option act is not excessive. Haynes v. State, 23, So., 182. Where liquor is delivered to the purchaser of a ticket entitling him to a certain quantity thereof, and so arrang:ed that as each bottle was delivered a punch hole was made to show that fact, a sale of liquor is made, although the money was paid by the purchaser when he received the ticket. Harper V. State, 85 Miss., 338. A person cannot excuse himself from the operation of a penal statute by showing that he acted as the agent of another. Kliffield v. State, 4 How., 304. It is unnecessary for the seller to actually believe that the buyer was intoxicated; it is sufficient if the purchaser had good reason to be- lieve it. Whitton v. State, 37 Miss., 379. The principal whose clerk or agent sells liquors to an infant is subject to the penalty. Fahey v. State, 62 Miss., 402. The owner or person interested in the liquor, where the sale is by another, does not incur the penalty of section 1758, but of section 1746. Fahey case supra. It is not a defense to show that the infant was the agent of an undisclosed principal. Eitcher v. State, 63 Miss., 304. Knowledge by the seller that the buyer is a minor is not an element of the offense. O’Flinn v. State, 66 Miss., 7. Where the minor obtains the liquor from a dealer, as the agent of an adult, for whom and with whose money he procufes it, and to whom he takes it, and the dealer is so informed at the time it is gotten, the sale is to the adult and not to the minor. Monoghan v. State, 66 Miss., 513. Knowledge is not of the essence of the offense making it unlawful to procure intoxicants for one in the habit of becoming intoxicated. Jen- kins V. State, 82 Miss., 500. Averments in the indictment that the accused was not the parent or guardian, and did not stand in loco parentis to the person for whom the intoxicants were procured, and that the accused knew that such person was in the habit of becoming intoxicated, are surplusage and need not be proven. Ib. 152 It is unnecessary to prove that the defendant actually delivered the intoxicants to the inebriate, since one can procure an article for another without making the actual delivery. Ib. A general charge of violating a penal statute is not sufficiently certain to warrant a conviction. Kliffield v. State, 4 How., 304. It is unnecessary to aver the name of the buyer. Eiley v. State, 43 Miss., 397 ; Lea v. State, 64 Miss., 201. An indictment is not as bad as being double because it charges in the same count the unlawful sale of ‘‘vinous and spirituous liquors.’' Lea V. State, supra. NOTK. The effect of Sec. 1762 Code of 1906 is to make irrelevant rulings by the Supreme Court made under the corresponding section of the Code of 1892 (1596) ; in such cases for instance as Naul v. McComb City, 70 Miss., 699; and Ware v. State, 71 Miss., 204. Proof of sale by another constitutes presumptive evidence that the owner connived thereat, if he failed to give information thereof to some conservator of the peace. Carroll v. State, 80 Miss., 349. On the trial of a store-keeper for conniving at a sale by his clerk, it being shown that the clerk sold what appeared to be whiskey, evidence that the clerk besought a witness to withhold the transaction from the grand jury is admissable, as it tends to show that the liquor sold was whiskey, although the sale did not occur in the presence or hearing of defendant. Ib. Billiard playing may be shown by evidence to be a game not of chance but of skill; and, if it be so shown, it is not prohibited “on his premises” (but now prohibited in the dramshop). Wortham v. State 59 Miss., 179. Judicial notice will be taken of the result of local option elections. (1790 Code 1906.) 74. Escapes; provisions respecting. (1157 ) If any person by any means whatever shall aid or assist any prisoner lawfully committed to the city prison, or to the ooimt}^ jail, or to the custody of the City Marshal or other officer of the city, to escape, or attempt to aid or assist such person so to escape, whether such escape be effected or not, or who shall convey into such prison or place of confine- ment any disguise, arm, or other thing useful to facilitate the escape of any prisoner so committed, whether such escape be attempted or effected or not, shall upon conviction be fined not more than one hundred dollars, or be imprisoned not more than one month, or both. 75. the same ^ penalty. If any person lawfully confined in the city work house, or on the city chain gang, or in any other place provided for the detention of city prisoners, shall effect his escape therefrom, he shall, on conviction, be fined in double the sum for which he was yet liable to the city for previous fine unpaid, or be imprisoned for double the length of time he had yet to serve on an unexpired sentence, or both. But in no event shall said 153 fine exceed one hundred dollars, or said imprisonment exceed one month. 76. the same; escape before trial. If any person lawfully in custody of any officer of the city charged with an offense, or lawfully committed to the city work house or other place of detention awaiting trial there- for, shall escape from said officer or from said place of deten- tion, he shall, on conviction, be fined not more than one hun- dred dollars or be imprisoned not more than one month, or both. 77. Fire district defined. The fire district of the City of Vicksburg shall be con- stituted and bounded as follows: Commencing on North Washington Street at the intersection of First East Street, thence extending east one hundred and fifty feet (150) along First East Street, thence in a southerly direction to Jackson Street, thence east to Walnut street, thence in a southerly direction along Walnut Street to South Madison Street, thence west along South Madison Street to Castle Street, thence south along Castle Street to Bridge Street,, thence west along Bridge Street to Washington Street, thence north along Washington Street to South Madison Street, thence west along South Madison Street to Mulberry Street, thence north along Mulberry street to the foot of Grove street, thence along the river front to First East Street, thence east along First East Street to the point of beginning. 78. the same; how buildings erected in. No building of any description shall hereafter be construct- ed or erected, or addition or extension made to one already erected, or constructed, within the limits of the said fire dis- trict, except of stone or brick, with slate or metal roof. 79. the same; plans filed, permit required. No building shall hereafter be constructed or erected with- in said fire district until the party or parties desiring to erect the same shall have first filed in the office of the City Clerk general plans and specifications of the building, and obtained from the Mayor and Aldermen in se.ssion assembled, permis- sion and authority to so build and erect the same. 80. the same; how frame building rebuilt in. Should any frame building within the fire district of said city be hereafter destroyed by fire, it shall not be rebuilt 154 except as prescribed in section 78 of this ordinance, un- less at least two thirds thereof, or more, shall be left intact and in good condition, in which case it may be rebuilt in wood after plans and specifications have been filed in the City Clerk’s office, and the permission of the Mayor and Aldermen, shall have been obtained, as in section 79 hereof, and in no case without providing for a slate or metal roof. 81. the same; engines and boilers in. No person shall set up or erect any engine or boiler within said fire district until he shall have first obtained the authori- ty so to do in the manner prescribed in section 79 hereof. 82. the same; wooden awnings in. No wooden or metal awning ot any kind shall be placed in front of any building on either side of Washington Street within said fire district. 83. the same; penalties for violation. Any person violating the provisions of sections 78, 79, 80, 81 or 82 of this ordinance shall on conviction be fined not more than one hundred dollars, or imprisoned not more than 30 days or both. 84. the same; certain combustibles not to be stored in. It shall be unlaAvful for any person to store, or cause or suffer or permit to be kept, within the fire district of this city, a quantity greater than five barrels in any one place, of any crude petroleum or rock oil, or any camphene or burning fluid, or any of the products produced by the distillation of coal, petroleum, or rock oil, asphaltum, shale or peat, known under the various names of coal oil, petro oil, naptha, gaso- line, kerosine, benzine or benzole. And such oils or like substances shall not be drawn or sold by any artificial light, except electric incandescent lights. The articles herein named shall not be stored outside of the limits herein specified, within this city, unless in fire-proof buildings, located by and with the approval of the Chief of the Fire Department, and with a sign conspicuously placed on the outside thereof designating the character of storage. Any person or persons guilty of a violation of this section, in letter or spirit, shall on conviction be fined not more than fifty dollars for each offense. 85. Fires; general building ordinance. It shall be unlawful for any person to erect or cause to 3-55 be erected within the corporate limits of the city any brick partition wall between any two buildings intended for the sup- port of sleepers for said buildings unless said wall shall be full thirteen inches thick, and said sleepers be laid thereon so as to avoid those of other buildings from resting upon or against those of the other. Any owner, master-builder, or contractor who shall viola^te the provisions of ttiis section sliall on conviction be lined not more than one hundred dollars for each offense. It shall be the duty of the City Marshal and the Chief of the Fire Department to inspect partition walls, and to see that this provision is obeyed. 86. Fire; storage of gunpowder, and other like material. It shall not be lawful to erect keep or maintain any maga- zine for the storage of gunpowder, dynamite, or other dan- gerous and explosive substance, within the limits of the city. No merchant or other person shall keep on hand or in his store, or on his premises within the city, more than fifty pounds of gunpowder at any one time, and not exceeding twen- ty five pounds over night ; and this quantity shall be kept in a safe and secure box or canister completely closed. No person shall send to or deliver within this city any gunpowder or other like explosive concealed within any box or barrel, or in any other manner purporting to be any other article. Any person violating this section shall upon con- viction be fined not more than one hundred dollars. 87. Fires ; provisions for prevention of. (a) It shall be unlawful for any person to place and let remain in any box, barrel or otherwise in any building, street, alleyw^ay or yard within the city limits longer than six hours any straw, hay, paper or other combustible matter. (b) It shall be unlawful for any person to place or keep within any building in the city of Vicksburg any ashes in a box or other receptacle made of wood unless the same be imme- diately removed from said building, and from contact with such building. It shall be unlawful for any person to willingly burn out any chimney or stove-pipe. (c) It shall be unlawful for any owner, lessee or occupant of any house or tenement in the City of Vicksburg to keep or maintain any chimney or stove pipe in such condition as to be dangerous, unsafe, or the probable source of fire, and to fail to repair or remedy the same within twelve hours after 156 notice from the Chief of the Fire Department, or any police officer. (d) All owners or occcupants of buildings within this city are required to permit the Chief of the Fire Department, or any member thereof designated by him, or member of the ]3olice force, to inspect their buildings and premises to see that this section is being complied Avith. Any person violating the provisions of this section shall upon conviction be fined not more than fifty dollars. 88. Fire Alarm System; offenses respecting. If any person shall cut, break, tear down, or otherwise injure or destroy any of the Avires or other property connected Avith the fire alarm system in the City of Vicksburg he shall on conviction be fined not more than one hundred dollars, or be im- prisoned not exceeding one month, or both. 89. Fire Department; interfering with. If any person shall interfere Avith the Chief of the Fire Department, or Avitli any fireman, in the discharge of his duty, or shall unlawfully loiter or loaf around any engine house, or shall meddle with any of the engines, hose or apparatus in or about such engine house he shall upon conviction be fined not more than twenty five dollars. 90. Fire Department; driving over hose. If any driver of any dray, cart, Avagon, hack or other vehi- cle, or any person whatsoever shall wilfully or carelessly drive over any hose, or run against any engine, hose carriage, hook and ladder truck, or other apparatus belonging to the fire de- i>artment, he shall on conviction thereof be fined not more than one hundred dollars. 91. Fire Department; obstructing. If any person shall knoAvingly leave any vehicle standing in any street or thoroughfare through Avhich the engines or apparatus of the fire department must pass on the way to fires, or refuse to clear the same, he shall on conviction be fined not more than tAA^enty five dollars. 92. Fire Department; false alarm, penalty. It shall be unlawful for any person knowingly, wilfully or mischievously to make or cause to be made any false alarm of fire. Any person violating this section shall on conviction, be fined not more than fifty dollars. 157 93. the same; to protect public cisterns. It shall be unlawful for any person to use water out of a public cistern or cause the same to be clone for any other pur- pose than the extinguishment of fire, or to throw into such cis- tern any substances whatever, or to injure or deface any part of such cistern or the covers thereof. Any person violating this section shall upon conviction, be fined not more than ten dol- lars. 94. Discharging Fire Works; penalty. It shall be unlawful to discharge fireworks of any kind in the City of Vicksburg at any time, except as follows: In that part of the city lying east of Monroe iStreet, and east of Washington Street south of Belmont Street, for and during the period from December 24th to January 1st, inclusive. If any person shall violate this section he shall on convic- tion be fined not more than ten dollars for each offense. 95. the same; cannon crackers prohibited. It shall be unlawful for any merchant, trader or other person to import or bring into the City ot Vicksburg for sale, or to sell or offer or expose for sale, or to fire, set off, or explode within the city limits, fire crackers known as cannon fire crackers. The term “cannon fire crackers” shall include all fire crackers more than two inches in length, and more than one half inch in diameter. Any person violating this section shall upon conviction be fined not more than twenty five dollars. 96. Fire Department; police powers granted to chief of. Full police powers and rights are hereby conferred upon the Chief of the Fire Department of the City ot Vicksburg. 97. Fighting on Streets ; using weapons, penalties. 1119 ) If any person shall be guilty of fighting upon any of the public streets of this city, or in any other public place, and in such fight shall use any rifle, shotgun, sword, sword-cane, pistol, dirk, bowie-knife, dirk-knife, brass or metallic knucks, slung-shot or any other deadly weapon, or if any person shall be a second or aid in such fight, the person so offending shall be fined not more than one hundred dollars, or shall be imprisoned not more than one month, or both. The section is designed to punish fighting willingly on a public place. It is part of the legislation against dueling. It does not deprive one of the right to defend himself by repelling an attack. Hunter v. State, 62 Miss., 540. 158 98. Fire Arms, Pointing; penalty. Any ^person who shall intentionally point or aim any gun, pistol or tire arm at or towards another, except in self-defense or in lawful discharge of official duty, shall on conviction be fined not more than one hundred dollars, or be imprisoned not more than one month, or both. In prosecutions under this section it shall not be necessary for the affidavit to aver, or for the prosecutor to prove at the trial, that aiiy gun, pistol or other fire arm, was charged, loaded, or in a condition to be discharged. 99. Gaming Prohibited; penalties. (1203 ) If any person shall encourage, promote, or play at any game, play, or amusement for money or other valuable thing, or shall wager or bet, promote, or encourage the wagering or betting of any money or other valuable thing u23on any game, play, amusement, cock-fight, or upon the re- sult of any election, event or contingency whatever, he shall upon conviction thereof be fined not more than one hundred dollars, or be imprisoned not more than one month, or both. It is unnecessary to set out in the indictment the names of the game of cards played. Johnson v. State, 7 S. & M., 58. If a party be indicted for betting on an election, it is no defense that he made the bet only through an agent ; and the result of a presidential election may be proved by parole. Williams v. State, 12 S. & M., 58. In an indictment for betting on a presidential election, it is unnecesary to aver that the election was held. The election is provided for by public law, and the event is sufficiently certain. Cain v. State, 13 S. & M., 456. An indictment charging the betting of money is not sustained by proof of the betting of U. S. treasury warrants, “such as were in circula- tion in 1844.’^ Williams v. State, 12, S. & M., 58. The statutes against gambling are remedial and not penal, and hence, are not to be strictly construed. Seal v. State, 13 S. & M.’, 286; Cain v. State, 13, S. & M.^ 456. An agreement between two persons to make a gift, one to the other of a particular kind of article, which one to be donor and which one to be donee being left to depend upon the result of an election, is a bet. Cain V. State, 13 S. &M., 456. To bet on the result of an election in another state is indictable. Sharkey v. State, 33 Miss., 353. To bet upon the unknown result of an election, made after the elec- tion is held, is indictable. Miller v. State, 33 Miss., 356; Terrall v. Adams, 23 Miss., 570. It is not within the statute for the loser at a game of billiards to pay, by agreement of the parties, the fee 'due for the use of the table. Blewett V. State, 34 Miss., 606. An indictment charjjing a bet on the result of an election in a par- ticular state for presidential electors is not sustained by proof of a bet on the result of an election in the state for president. The election of electors is distinct from the election of prsident. Gamble v. State, 35 Miss., 222. 159 If the indictment charge that the accused played ‘‘for money, ’’ it must be shown that he w’as either directly or indirectly interested in the money wagered, or he cannot be convicted. Strawhorn v. State, 37 Miss., 422. Under an indictment charging that several persons “unlawfully did play— for money,’’ etc., either may be convicted for playing with any per- son. Such an indictment charges a separate offense against each. Lea v. State, 64 Miss., 294. 100. the same; exhibiting games, penalty. (1205 ) If any person shall be giiilt}^ of keeping or exhibiting any game or gaining table commonly called A. B. C. or E. O., roulette or rowley-powley, or rouge-et-noir, rondo, pool, keno, monte, or any faro bank or crap table, or other game, gaming-table or bank of the same or like kind, or any other kind or description under any other name what- ever, or shall be in any manner, either directly or indirectly, interested or concerned in any gaming-tables, banks or games, either by furnishing money or articles for the purpose ol carry- ing on the same, being interested in the loss or gain of said tables, banks or games, or employed in any manner in conduct- ing carrying on or exhibiting said gaming tables, games or banks he shall upon conviction be fined not more than one hundred dollars, or be imprisoned not more than one month, or both. Underthis section the mere act of keeping and exliibiting a gaming table is not a crime j the unlawful purpose pf keeping the table must be shown; there must be facts which make the keeping or exhibiting unlawful. Eawls V. State, 70 Miss., 739. Playing poker with a three, five and ten cent limit is gambling to the same extent as if the stakes were larger. Ford v. State, 86 Miss., 123. Evidence examined and held to show that defendant was the lessee and occupant of the room in which gambling was conducted. Ib. An indictment under this section held not demurrable because it improperly charged the offense as having been “feloniously” committed. Blister v. State, 86 Miss., 461. An indictment under this section which merely charged that defendant “was interested in a gaming table” is fatally defective in that it fails to charge that he was interested in the loss or gain of the table as required by the statute. Brazele v. State, 86 Miss., 286. 101. the same; owner or lessee or occupant permitting. (1208 ) If any owner lessee or occupant of any outhouse or other building shall knowingly permit or suffer any of the before-mentioned tables, banks, or games, or any other game prohibited by law, to bo carried on, kept or exhi- bited in his said house or other building, or on his lot or prem- ises, upon conviction he shall be fined not more than one hun- dred dollars, or be imprisoned not more than one month, or both. 160 The lessee of a building who has assigned his term as to a portion thereof, and retains no control over such portion, cannot be held guilty under the section, if his assignee, even with his knowledge, permit games to be carried on in such portion, in violation of the section. Diebel v. State, 68 Miss., 725. Distinguishing Mount v. State, 7 S. & M., 277. 102. the same; moneys exhibited forfeited. (1209 ) All moneys exhibited for the purpose of betting or alluring persons to bet at any game, and all moneys staked or betted, shall be liable to seizure by the City Marshal, or any lawful officer of the city, together with all appliances used or kept for use in gambling, or by any other person; and all appliances seized shall be destroyed. 103. Futures; dealing in forbidden. (1201 ) If any person shall deal in contracts com- monly called “futures,” or shall by himself or his agent, direct- ly, or indirectly buy or sell any “future” contract, he shall be guilty of a misdemeanor, and on conviction shall be fined not more than one hundred dollars, or be imprisoned not more than one month, or both. 104. the same. ( 1202 ) If any person shall buy or sell commodities of any kind, to be delivered at a future day, without agreeing and intending that the commodities are to be actually delivered in kind, and the price paid, he shall be guilty of a misdemeanor, and on conviction shall be punished as in the last preceding section. 105. Clubs not to have interest in gaming. (1206 ) It shall not be lawful for any association of persons of the character commonly known as a “club,” whether such association be incorporated or not, in any manner, either directly or indirectly, to have any interest or concern in any gambling tables, banks, or games, by means of what is some- times called a “rake-off” or “take-out”, or by means of any assessment upon certain combinations, or hands at cards or by means of a percentage exacted from players, or an assessment made upon, or a contribution from them, or by any other means, device or contrivance whatsoever. It shall not be law- ful for such an association to lend or advance money or any other valuable thing to any person engaged or about to engage in playing any game of chance prohibited b law, or to become responsible directly or indirectly for any money or other val- uable thing lost, or which may be lost, by any player in any such game. If any such association shall violate any of the provisions IGl of this section, each and every member thereof shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than one hundred dollars. .106. Hacks and Public Vehicles. Xo hack, dray, wagon, cart or other vehicle or wheeled car- riage, shall be employed in carrying, hauling or conveying per- sons or things from any part of the City of Vicksburg to an- other part thereof, for hire or reward, unless the owner thereof shall have first j^aid the license or privilege required by exist- ing ordinances, and given bond as required by law ; and at the time of issuing the license the number of said vehicle shall be furnished by the City Assessor to the person so applying for license, which number shall be affixed to said vehicle in some conspicuous place and shall remain thereon during the year for which such license was issued and the same number shall be painted on each of the lamps of said hack. Any person or per- sons violating this section shall on conviction, he fined not more than twenty-five dollars ; and each day such violation continues shall constitute a distinct and separate offense. 107. the same; bond required, form of. Before a license shall be granted to any person to run a dray, cab, wagon, or other vehicle within said city, such person shall enter into bond with security to be approved by the City Clerk, with the Mayor and Board of Aldermen of said city and their successors in office, which shall be in form and condition as follows to-wit : “State of Mississippi, Countv of Warren, City of Vicksburg. Know all men by these presents that we , principal, and and , sureties, all of the city, county and state aforesaid, are held and firmly bound unto the Mayor and Board of Aldermen of the City of Vicksburg and their successors in office in the sum of five hundred dollars, for the pajunent of which well and truly to be made, we bind ourselves, our heirs, and executors and administrators, jointly and severally, firmly by these pres- ents. Witness our hands and seals this day of The condition of the above obligation is such that whereas, the above bound , princi})al, has this day applied for and taken a city license granting to him, the said , the privilege within the city limits to run one 11-City 162 No. j for twelve months from this date: Now if the said , principal, shall well and truly perform and discharge the duties incumbent on a com- mon carrier, in a speedy as well as a safe delivery of all man- ner of goods, merchandise, etc., committed to his charge, and fully and faithfully comply wdth the city laws and ordinances now in force, as well as those which may hereafter be passed by the Board of Mayor and Aldermen, regulating drays, carts, wagons, etc., then this obligation to be void; otherwise to re- main in full force and virtue. This section shall not apply to merchants who use their own drays exclusively for hauling their own goods, wares, and merchandise, etc. 108. the same; rates to he charged. The rates of fare allowed to be charged for the transporta- tion of passengers by hacks cabs and carriages, or other public conveyances for passengers within said city shall be: For each passenger within the limits of the city $ 50 For a public conveyance engaged by the hour, first hour. 2.00 Every other hour 1.00 For the conveyance of passengers after uine o’clock p.m. and before daylight within said city, double the above rates. F or services to graveyard and back upon funeral occasions, for the trip, with four or less persons $4.00 109. the same; penalty for over-charge. If any owner or driver of any public conveyance in said city shall receive or demand any greater fare for the use of his conveyance than the legal rates herein prescribed, he shall on conviction be fined not more than twenty-five dollars. 110. the same; rate cards printed and displayed. The City Clerk is hereby authorized to cause cards to be struck off and printed presenting the rates prescribed by this ordinance, and to furnish one of said cards to each carriage, cab, hack, or other public conveyance for passengers in said city, and every owner or driver of such conveyance shall place and keep said card in some conspicuous place inside his con- veyance for public inspection. If the owner of any hack, car- riage, cab or other public conveyance, or the driver or person in charge thereof, shall fail or refuse to keep said card plainly exposed within his said conveyance, he shall upon conviction be fined for each such failure the sum of ten dollars. 111. the same; lights to be exhibited; penalty. The owner, driver, or person in control of any hack, cab, carriage or other public vehicle of like kind, whenever the same is employed alter dark, shall keep two lights exhibited in front, one on each side of the driver, and for any failure or neglect so to do, he shall on conviction be fined not more than twenty-five dollars. 112. the same; carrying disorderly persons. If any owner, driver, or person in control of any hack, cab, carriage or other public vehicle of like kind plying in this city, shall have within his vehicle any person who is, may be, or continues to violate the ordinances of this city in refer- ence to the public peace, or who shall behave in a disorderly manner during such occupancy of his vehicle, and said owner, driver or person in control of said vehicle shall not immediate- ly eject him, or deliver him to the police, said owner, driver, or person in control of said vehicle shall upon conviction be fined not more than one hundred dollars, or be imprisoned not more than one month, or both. 113. Board of Health; of whom composed. The Board of Health shall be composed of the Mayor, the President of the Board of Mayor and Aldermen, the Chair- man and members of the Sanitary Committee, the Chairman of the Street Committee, the President of the Warren County Medical Association, and the City Physician, all of whom are hereby made ex-officio members of the Board of Health. 114. the same; meetings. The Board of Health shall hold its meetings when re- quired by a call of the Mayor, or the President of the Board, or by any three members thereof, and at such times as may, in the opinion of the Board, be proper. The Mayor, and in his absence, the President of the Board, and in the absence of both, a person elected by the Board, shall be the presiding officer at such meetings, and the City Physician shall act as secretary thereof and keep the minutes of its proceedings. Any three members of the Board of Health, with the presiding officer, .shall constitute a quorum. 115. the same; general powers. It shall be the duty of the Board of Health to see that all health and quarantine ordinances and sanitary laws heretofore enacted by the Board of Mayor and Aldermen, and now in force, or which may hereafter be enacted, are duly respected by all persons and corporations, and rigidly enforced by the proper officers of the city. Said Board shall exercise a general supervision of the health of the city, with full 23ower to take all steps and use all measures neces- sary to promote the cleanliness and health of the city ; to abate nuisances of every description on public or private property; to prevent the introduction into the city of malignant or contagious or infectious diseases; to remove or otherwise dispose of any jierson attacked by such disease, and to adopt in reference to such matters any reasonable regula- tions, restrictions, or measures deemed advisable. It shall have power to make such contracts, to incur such expense, hire such guards and other employes as it may deem advisa- ble to jDrotect public health. 116. the same; penalty for resisting and obstructing. If any person shall knowingly obstruct or resist the Board of Health or any of the members thereof or any person by them appointed in the execution of the power to them given, or in performance of duty enjoined on them by this or any ■ other ordinance, in relation to public health, such person shall . on being legally convicted, forfeit and pay to the city the ; sum of not more than fifty dollars for each offense. i 117. the same; neglect or refusal to comply with orders of. , If any j^erson or persons shall refuse or Jieglect to comply ? with any order or notice of the Board of Health authorized ■ by any of the ordinances of the City of Vicksburg now in force . or that may be hereafter enacted, where no penalty is especi- ally provided for such neglect or refusal, sucli person or per- , sons shall, upon conviction, be fined not more than twenty ; dollars for each offense, and the further sum of five dollars j for every day such neglect or refusal shall continue. | 118. the same; duties of City Marshal, nuisances abated. | The City Marshal shall be the chief executive officer of the ^ Board of Health. He shall execute all orders of the Board directed to him, attend to the abatement or removal of all nuisances, and shall perform such other duties in relation to nuisances as said Board of Health may direct, and as often and in such manner as may be required of him by the Board. He shall see that all precepts or notices issued by the Board of Health are promptly and properly executed by himself, or by the Deputy City Marshal, or by the members of the police,- ; force whose duty it is hereby made to serve such notices and j ]>recepts. All notices and ])recepts shall be signed by the ■ Mayor, or President of the Board, or by the City Physician, and attested by the Clerk. f 1G5 119 . the same; to abate nuisance. When any drain, cellar, vault, lot, building:, house or resi- dence within the city, shall be deemed by the Board, or by the Health Officer, to be in an uncleanly or unhealthy condition, or in a state of nuisance, or so situated that in warm unhealthy seasons a nuisance may be caused thereb}^, arid the health of citizens endangered thereby, it shall be the duty of said Board to cause notice to be given to the owner or occupant thereof, directing him or her to have said drain, cellar, vault, lot, building, house or residence, cleaned, fumigated and disinfect- ed, and to have the nuisance created thereby removed or abated in manner described in said notice; and if such owner or occupant on being served with such notice shall refuse or neglect to comply with same, he or she so refusing or neglect- ing, shall forfeit and pay in the first instance the sum of ten dollars, and the further sum of ten dollars for every day he or she shall continue to neglect or refuse to* comply with same; and shall moreover, defray the expenses incurred in case such nuisance or cause of nuisance shall be removed under the au- thority and by the direction of said Board; and the said Board is hereby authorized, in the event said notice is not complied with, to enter upon said premises and thoroughly clean and disinfect the same, and to cause such nuisance to be removed or abated at the expense of the city in the first instance, to be satisfied by the owner; and in case no owner or occupant can be founcl on whom to serve such notice, the said Board is hereby authorized on giving five days’ notice, or in case of imminent danger, tw^enty-four hours public notice, in newspaj)ers published in said city, or written notice posted upon the premises, to have such nuisance or cause of nuisance removed or abated at the expense of the city in the first in- stance, to be satisfied by the owner. Whenever said Board, or any member or officer thereof, shall have cause to suspect that any nuisance exists in any building, cellar, or enclosure, the said Board or any member thereof, may demand entry therein, and if the owner or occupant shall refuse or delay to open the same to admit a free and unimpeded examination, he or she shall be fined for each such refusal or delay, a sum not more than twenty dollars. Where a nuisance or cause of nuisance is removed at the expense of the city, the same shall be made a charge and a lien upon the property from whicli the nuisance has been removed or abated, and collected with the next succeeding taxes, and in the same manner; and the Mayor and Aldermen of the City of Vicksburg shall, in ad- dition, have a cause of action against the person to whom the j:)remises belong, and may sue and recover the same in any court of competent jurisdiction. 166 120. the same; physicians to report fever. Whenever the Board of Health may deem it necessary or expedient, and shall so require by resolution legally passed, and published in some newspaper of the city, it shall be the duty of every physician practicing his profession within the corporate limits of the City of Vicksburg, to report each and every case of fever of whatsoever kind or nature coming with- in his practice, to the Board of Health within twenty- four hours after seeing such case, giving the name of such person, and residence of the same. And any physician violating this section may upon conviction be fined not more than one hun- dred dollars. 121. the same; all persons to report fever. Whenever the Board of Health may deem it necessary or expedient and shall so require by resolution legally passed, and published in some newspaper of the city, it shall be the duty of every person to report each and every case of fever, of whatsoever kind or nature coming within their knowledge, to the Board of Health, within twenty-four hours after ac- quiring such knowledge, giving the name and residence of same. Any person violating this section may, upon convic- tion, be fined not more than one hundred dollars. 122. medical inspectors appointed, duties and powers. Whenever it shall be deemed necessary by the Board of Health of the City of Vicksburg, they shall have the power to appoint two or more inspectors whose duty it shall be to go into every house in the city for the purpose of ascertaining the existence of any case of sickness of any kind, and it shall be the duty of said inspectors to report the existence of such sickness as they may find, to the Board of Health, and under their direction to do all that may be necessary to protect the commanity trom any infection or contagion From such sick- ness. Such medical inspectors when so appointed, shall have the power to call upon the Police Department of the City of Vicksburg to enforce an entrance into any house, residence, or place of business in the city, where it may be necessary to enter to ascertain the existence of any sickness or disease there- in, provided the case has not already been reported; and any resistance to the entrance into any house, residence, or place of business, of said medical inspectors, by any individual or citizen, shall be deemed a misdemeanor, and shall be pun- ished after due trial and conviction in the City Court, by a fine not to exceed one hundred dollars. 123. the same; screening, oiling, fumigating, etc. Whenever the Board of Health of the City of Vicksburg 167 may deem it necessary or expedient, and shall so require by resolution legally passed, and published in some newspaper of said city, it shall be the duty of every occupant of a house and lot in the City of Vicksburg, to forthwith screen, with proper material, all cisterns, wells, pumps, Avater-barrels, and other water recejDtacles on their premises, so that mosquitoes can neither get in nor out of the same, and keep the same so screened until the first killing frost. The said Board may also require every such person to forthwith drain all pools, puddles, mud-holes, and all other receptacles of water, and all vaults, pools, and cess-pools, and all places on their pre- mises where water stands, or is liable to stand. Every such person may likewise be required to oil all cisterns, tanks, wells, pumps, water-barrels, and all other places on their premises where mosquitoes are liable to breed, and keep same oiled until the first killing frost. Every such person may likewise be required to cut down all weeds, and all high grass, upon their premises, which will furnish a harbor or hiding place for mosquitoes; and every such person may likewise be required to burn sulphur or other insect poison in their houses, kitchens, out houses, and all other places which are inhabited by mos- quitoes, once a week and until all mosquitoes therein are des- troyed. Any person violating this section, shall on conviction, be fined not more than one hundred dollars, or imprisoned not more than one month, or both. 124. the same; quarantine may be established. The Board of Health of the City of Vicksburg whenever it deems it necessary for the protection of the health of the City of Vicksburg, may establish a quarantine against any State, County, City, Town or other locality; whether said State, County, City, Town or other locality be infected with any contagious or infectious disease at the time or not. 125. the same; violations of quarantine. When any such State, District, County, City, Town, or other locality is quarantined against by the Board of Health of the City of Vicksburg, it shall be unlawful for any person from the territory so quarantined against to stop in the City of Vicksburg, or to bring or to receive any goods, wares or merchandise from the territory quarantined against into the City of Vicksburg, except with special permit from Board of Health. Any person violating this section shall on conviction, be fined not more than one hundred dollars, or imprisoned not more than one month, or both. 126. the same; violations of quarantine. It shall be unlawful for any steamboat, railroad, or other 168 public common carrier, or for any conductor or engineer of any train, master of any steamboat, or any other agent, servant or officer of any such carrier, to bring any person, or any freight or merchandise of any kind from the territory so quarantined against, into the City of Vicksburg. And it shall be unlawful for any railroad company, or railroad freight agent, superintendent or other employe of a railroad company, to receive any cars loaded with freight from points quarantined against, into the City of Vicksburg, or to allow any such freight cars to be opened or unloaded within the city limits of the City of Vicksburg, without first obtaining permission from the Board of Health of the City. Any person violating this section shall on conviction, be fined not more than one hundred dollars, or be imprisoned not more than one month, 'or both. 127. the same; originating false rumors. If any person shall, without good or sufficient reason, start, originate, or make any false statement, rumor or report, of any kind, to the effect that yellow fever, small-pox, or other infectious or contagious disease, exists or prevails in the City of Vicksburg, such person shall on conviction, be fined in any sum not exceeding $100.00, or be imprisoned not exceeding one month, or both. 128. the same; repeating false rumors. If any person shall repeat or circulate any false state- ment, rumor, or report, to the effect that yellow fever, small- pox, or other infectious or contagious disease exists in the City of Vicksburg, without good and sufficient reason to be- lieve the statement to be true, such person shall, on conviction, be fined in a sum not exceeding one hundred dollars, or be imj^risoned not exceeding thirty days, or both. 129. the same; quarantine violators to leave town. Whenever in the judgment of the Board of Health it may be necessary or expedient in times of public danger, they may require any person who shall be convicted of a violation of any of the quarantine ordinances of the City of Vicksburg, uj)on notice given him by the Mayor or President of the Board of Health, or any health officer, or police officer, forthwith to leave the city and go to the distance of ten miles be- yond the limits of the city; and any person who after being so notified shall fail or refuse to leave, shall upon conviction, be fined not more than one hundred dollars, or be imprisoned not more than one month, or both. 160 130. the same; compulsory vaccination. Whenever it may be deemed necessary by the Board of Health, and they may so require by resolution legally passed, and jDiiblic notice thereof in some newspaper, published in said city, it shall be the duty of all persons living and residing within the limits of the City of Yicksburg, who have not been successfully vaccinated within seven years next preceding the issuance of such proclamation, to be vaccinated by some reputable physician without delay. All persons who are parents, guardians, or who have the care, custody or control of minor children or persons of unsound mind, shall upon such proclamation, have the said minor children or persons under their charge and control, vaccinated as soon as practicable, unless the said minor chil- dren or persons of unsound mind, shall have been success- fully vaccinated within the time mentioned above. Any per- son refusing or neglecting to be vaccinated in accordance with the provisions of this section, when ordered by any of- ficer of said city, or any physician, or who shall other ^vdse violate the provisions of this section, shall upon conviction be fined not more than fifty dollars, or imprisoned not more than thirty days, or both. 131. the same; concealing infectious diseases. It shall be unlawful for any j^erson knowingly to conceal any case of small-pox, yellow fever, or any other infectious or contagious disease, in or about the house or place where he resides, or to withhold any information or Jmowledge that he may have of the existence of such disease. Every person having knowledge of any case of small-pox, yellow fever, or other contagious or infectious disease that may be in or about the place where he resides, shall immediately report the same to the City Physician, or in his absence to the City ^larshal, or City Health Officer. And any person violating the provis- ions of this section shall, U2:)0n conviction, be fined not more than one hundred dollars, or be imprisoned not more than thirty days, or both. 132. the same; physicians to report contagious diseases. It shall be the duty of all physicians ])racticing their profession within the corporate limits of said city, upon the appearance of any contagious or infectious disease in his or her practice, to at once notify the City Physician, or Health Officer, of the nature and character of said disease, and the location of the patient sufi'ering therefrom. Any ])hysician failing, refusing or neglecting to make such report, shall be 170 guilty of a misdemeanor, and on conviction shall be fined not more than twenty-five dollars. 133. the same; certain diseases to be placarded. The City Physician, or Health Officer, immediately upon receiving the notification of the existence of any disease men- tioned in the last preceding section, shall at ouce take all neces- sary steps to warn the public of the existence of such disease, by plainly placarding the house, or otherwise, in his discre- tion, so as to warn all persons of the location and character of said contagious or infectious disease. If any person shall willfully or intentionally tear down, deface, hide or remove the said placard he shall, upon conviction, be fined not more than one hundred dollars. 134. the same; small pox patient not to go abroad. (1086 ) A person having recently had the small- pox shall not, until after having obtained a certificate from the attending physician, or other person qualified to give such certificate, of his recovery, and of his being perfectly clean in his person and clothes, remove from the place where he shall have had the small pox, to go abroad in the company of other persons who have not had the disease, or go into any public road or highway where travelers usually pass, without retiring out of the same or giving notice upon the approach of any passenger, or go into any public place, or into any railroad car, street car, steamboat, hack or other public vehicle, or upon any steamboat, under the penalty of not exceeding one hundred dollars fine or thirty days im- prisonment upon conviction thereof. 135. the same; births to be reported. It shall be the duty of every physician, midwife, or person who shall assist or advise at any birth, within five days there- after to make a full report of the same to the City Physician, or Health Officer of the City of Vicksburg, signed by himself or herself, giving place, ward, street, and number of the house wherein such birth occurred, and the sex and color of every child born, and the name and residence of the parents. 136. the same; deaths to be reported. It shall be the duty of every physician, undertaker, or professional adviser who has attended any person during a last illness, or has been present by request at the death of any person to within thirty-six hours thereafter make a written return to the City Physician, or Health Officer of said city, of such death, in the following form to-wit : m Health Department of Cit}’ of Vicksburg, Miss. CEKTIFICATE OF DEATH. Vicksburg, Miss., 190. . . This Certifies that died on the day of 190 . . . Cause of death .* Age Sex Color Married — yes or no Nativity Pauper — yes or no '. . . . Kesidence No Street Place of birth Attending Physician or Coroner. Place of burial Cemetery. Undertaker. and the aforesaid return shall be signed by the said physician, or professional adviser. Physicians are reminded of the importance of filling out these blanks promptly and accurately, as failure so to do renders them liable to a fine under the Health Ordinances of the City. Undertakers will see that all spaces are filled. 137. the same; burial permits required. No interment of the dead body of any human being, or disposition thereof in any tomb or vault, or in the city ceme- tery, or any other cemetery or place within two miles of the City of Vicksburg, or by transportation, shall be made with- out a permit therefor, granted by the City Physician, or Health Officer of said city; nor otherwise than in accordance with said permit; and no undertaker or other person shall make, assist in, assist to, or allow any such interment, or aid or assist in preparing any grave or place of deposit for any such body for which such permit has not been given authorizing the same ; and it shall be the duty of every person who shall receive such permit, to prepare and return the same to the City Physician, or Health Officer of said city, before five o’clock P. M. on Saturday of each week. 138. the same; city physician’s duties, births, deaths, interments. The City Physician, or Health Officer of said city shall, upon application, issue burial permits authorizing the removal or interment of dead bodies, and he shall keep in a well bound book for that purpose, a record of the births and deaths oc- curring in the City of Vicksburg, setting forth the particulars as shown by the return of births and deaths required by the three preceding sections. 139. the same; bodies not to be removed, except. It shall not be lawful f on any person or persons to disinter and remove any body from a grave in the City Cemetery where it now rests, to any other place in the said cemetery, or outside thereof, without first obtaining a permit in writing from the Health Officer of the said city, or the City Physician, which permit shall be approved by the Mayor. 140. the same; contagions diseases, bodies not removed within two years. It shall not be lawful for any person to remove or assist in the removing from the place of its interment in the City Cemetery, or within the limits of the city, the body of any man, woman, or child, who has died from any infectious or contagious disease, without permit from City Physician. 141. the same; contagious diseases, bodies not brought here within two years. It shall be unlawful to bring to the City Cemetery in or through the City of Vicksburg, the remains of any man, woman or child who has died elsewhere of any infectious or contagious disease and has been once buried, unless said remains have been buried fully two years before being removed to said cemetery in or through the said city, except upon permit ot the City Physician. 142. the same; bodies not removed in certain seasons. It shall be unlawful to remove any dead body from the place of its burial in the City Cemetery, or Avithin the city limits, at any other time of the year except between the fif- teenth day of December and the fifteenth day of February of each year. 143. the same; penalties for violations of. If any person shall violate any of the eight last mentioned sections, he shall on conviction, be fined not more than one hundred dollars, or be imprisoned not more than thirty days, or both. 144. the same; dead bodies, certain, not carried in hack. It shall be unlaAvful for any oAvner or driA^er of ruj pub-_ lie carriage or hack, to carry a coffin containing the body of any person who has died of a contagions disease, or in any other wise or manner to carry in such public conveyance such body. Any 2)erson violating the provisions of this section shall upon conviction, be fined not more than twenty-live dol- lars. 145. the same; privies and cess-pools, not to be built, etc. It shall be unlawful to maintain or build a water-closet, 2)it, sink, or cess-pool, within three feet of the division line of an adjoining property owner, and all water-closets, pits, sinks, or cess-pools, now maintained, used and situated within three feet of the division line of an adjoining owner, are hereby declared to be a nuisance. All persons violating this provision shall upon conviction be fined not exceeding fifty dollars, or be imprisoned not exceeding twenty-five days, or both. 146. the same; how nuisance abated. Upon conviction of the offense defined in the foregoing section, if said nuisance is not immediately abated the City Marshal shall be authorized and have poAver to abate the nuisance, and the expense necessary thereto shall be charged to and become a lien upon the property, and shall be collected by the assessor at the same time and in the same manner as city taxes are collected. 147. the same; privies, how built. That eA^ery privy in the city shall haA^e a pit in the earth at least six feet deep; and the City Health Officer shall be empoAA^ered to require the building of such priAues Avherever the same shall be necessary. And Avhenever the contents there- of approach nearer than tAVo feet to the surface of the earth, it shall be considered a nuisance, and the oAvner or occupant of the lot on which said nuisance may be, being duly notified of the same by an authorized officer, to luiA^e the said pit filled up with fresh earth, or cleaned out and limed, or to build a neAv privy shall fail to obey said order, or to build a priA’^^y Avhen necessary, he shall upon conviction of every such olt'ense, be fined not more than tAventy dollars. 148. the same; stables: cleanings not to be dumped on streets. It shall be unlaAvful for the OAvner or occiqiant of any sta- ble, to haA^e, or cause to haA^e, stable, or any kind of manure, dumped on any of the streets or alleys Avitliin tlie limits of the city, Avithout first obtaining j^ei’niission from the iVIayor and Board of Aldermen. Any jierson or jiersons violating this sec- tion shall, upon coiiAUction, be fined not more than ten dollars. 174 149. the same; inspections to he made; nuisances. It shall be the duty of the Health Officer, or City Marshal, or their deputies, to visit and make strict examinations of all houses, cellars, yards, lots, privies, streets and alleys, within the corporation, at least as often as once every two weeks, for the purpose of ascertaining if there be any nuisance in the above mentioned places, and it shall be the duty of the City Marshal, Health Officer, or their deputies, to prevent the accu- mulation, and direct the removal in all cases, of all things heretofore declared to be nuisances by the city ordinances, or which may hereafter be declared to be nuisances, or dangerous to the public health. 150. the same; nuisances, how abated. The Health Officer, City Marshal, or their deputies, shall give notice to the proper person to remove any nuisance which he or she is bound to remove by any section of this or- dinance; and in case of his or her neglect or refusal so to do, the said Health Officer, City Marshal, or their deputies, shall have same removed at the expense of the city, and shall note down in writing the name of the individual, and a statement of the offense, and shall lay the information before the city court ; and every person so neglecting or refusing to remove any such nuisance as aforesaid, shall upon conviction, be fined not more than twenty-five dollars, for each and every offense. 151. the same; duties of City Physician. It shall be the duty of the City Physician to render medical assistance to any of the persons confined in tlie city prison who may need it, and all officers or employees of the city who may become sick or disabled while in the discharge of their duties, and to prevent in so far as possible the over- crowding of tenement houses; to keep himself supplied with vaccine virus, and to vaccinate all who apply to him. 152. the same; animals not to be slaughtered in city. If any person shall kill or slaughter any cattle, hog, sheep, or goat, within the limits of the City of Vicksburg, he shall on conviction be fined not more than twenty -five dollars, or be imprisoned not more than one month, or both. 153. the same; butcher not to sell flesh of certain animals. (1337 ) Any butcher or other person who shall knowingly sell the flesh of any animal dying otherwise than by slaughter, or slaughtered when diseased, or any baker, brewer, distiller, or other person who shall knowingly sell unwholesome bread or drink, shall on conviction be fined not 175 more than one hundred dollars, or be imprisoned not more than one month, or both. 154. the same; certain meats not to be sold as human food. (1339 ) If any person shall sell or offer for sale as human food, the flesh of any animal which shall have died a natural death, or been killed or injured by any accident; or shall sell or offer for sale, or ship for sale, as human food, the flesh of any diseased animal, such person shall upon con- viction be fined not more than one hundred dollars, or be im- prioned not more than one month, or both. 155. the same; to prevent the sale of unsound or putrid meat. If any person or corporation agent shall knowingly or wilfully sell or hold for sale, or offer for sale any tainted, putrid, unsound, unwholesome, or unmerchantable flour, meat, or other provisions as sound and good; or shall sell the same for consumption as human food, or shall sell to any retailer or dealer to be resold, or shall practice any fraud or deception to put off or sell any damaged unsound or unmerchantable provisions, he or it shall, upon conviction be fined not more than one hundred dollars, or imprisoned not more than thirty days, or both. 156. the same; proceedings. Whenever the City Physician shall be informed, or sus- pect, that any person or corporation is keeping and offering for sale any tainted, putrid, unsound, unwholesome or unmer- chantable flour, meat or other provisions, as sound and good, it shall be his duty to go to the storehouse, depot or other place where such provisions are kept, and to there carefully inspect the same and determine whether they are fit for human consumption; and if not it shall be his duty to report the fact to the City Marshal who shall cause the person to be ar- rested and prosecuted in accordance Avith this section. 157. the same; provisions, etc., to be inspected. Any person or corporation keeping or offering flour, meat or other provisions, for sale for human consumption Avho shall refuse to permit the City Physician to examine the same for the purpose of determining Avhether they are sound and Avhole- some and fit for human consumption, or A\dio shall opjiose or obstruct the City Physician, or proper inspector, in the dis- charge of his official duties in the inspection of provision de- signed for human consumption shall, upon conviction, be fined not more than one hundred dollars, or be imprisoned not more than thirty days, or both. 176 158. the same; proceedings against corporation. If any corporation shall violate any ordinance of this city with regard to the sale of nnsoimd meat, provisions, or any like matter, it may be proceeded against by affidavit charg- ing the offense; the City Court shall issue a summons against it by its corporate name to appear and ansAver the affidavit, Avhich summons may be executed as a summons against a cor- poration in a civil suit. And upon the summons being returned executed, the corporation shall be considered in court and appearing to the affidavit, and the court shall, unless the de- fendant do so of its own accord, cause an appearance of it to be entered of record ; and such proceedings may be had thereon as if the corj^oration had appeared and pleaded thereto; and if the corporation be convicted on the affidavit, the court may pass judgment thereon and cause process of execution to be issued against the goods and chattels and lands and tene- ments of the corporation for the amount of the fine and costs Avhich may be aAvarded against it as in a civil suit. And the City Marshal shall proceed to sell the goods and chattels, lands and tenements of the corporation, as on an execution issuing against a corporation in a civil suit. 159. the same; second hand clothing. It shall be unlawful for any merchant, trader or other joerson to bring within the limits of the City of Vicksburg any article of second h^nd clothing, shoes or hats of any des- cription Avhatsoever for barter or for sale, or to sell or barter the same within the limits of the city. Any person violat- ing this section shall upon conviction be fined not exceeding one hundred dollars. 160. the same; children to be vaccinated before attending school. Ao child or pupil or student shall enter, attend or be en- rolled in any school in the City of Vicksburg without having been successfully vaccinated. And such child, student or pupil shall exhibit to the teacher or principal of said school a cer- tificate of successful vaccination from some reputable physi- cian, or shall exhibit the scar thereof to the teacher. This shall not apply to any child, student or pupil who has been vac- cinated as many as three times Avithout success. No parent, guardian, or person in loco parentis to any child shall send the same to school, or permit the attendance of, at any school, public or private, in this city Avithout com- plying Avith this provision. Any parent, guardian, or person in loco parentis to any child Avho shall violate this section may upon conviction be fined not exceeding one hundred dollars. 177 161. the same; certain children not sent to school. It shall be unlawful for any parent, guardian, or person in loco parentis to any child, to send the same, or permit the attendance of, at any school, public or private, within this city, when there shall be in the house at which said child resides, any contagious, infectious, or epedemic disease, or if the said child has been exposed thereto. Any parent, guardian, or person in loco parentis to any child, who shall violate this section, may upon conviction be fined not more than one hundred dollars. 162. the same; persons not to leave infected house. It shall be unlawful for any person who resides or lives in any house which is infected with any contagious or infec- tious disease, to leave the same without first obtaining a writ- ten permit from the City Health Officer, or from the attend- ing physician. Any person violating this section may upon conviction be fined not more than one hundred dollars. 163. the same; not to remove infected goods. It shall be unlawful for any person to remove household goods or bedding from any house infected with any con- tagious or infectious disease to any other house within the city, or to haul the same through the streets, without a written per- mit from the City Physician. Any person violating this sec- tion may upon conviction be fined not more than one hun- dred dollars. 164. Licenses; doing business without. If any person shall conduct any business trade calling or profession upon which the City of Vicksburg has levied a law- ful tax without first obtaining license so to do, he shall upon conviction be xined in a sum equal to double the amount oi said license, not to exceed one hunared dollars. 165. Streets; burning trash on. It shall be unlawful for any person or persons to burn trash, lumber, straw or any other combustible material be- tween the hours of sunset and sunrise, in any street, lane, al- ley, yard or lot in the City of Vicksburg. Any person violat- ing this section may upon conviction be fined not more than twenty dollars. 166. Indecent Exposure; swimming. Xo person shall in the day time swim or bathe in a nude condition in the canal or lake, or river, or waters in or contig- 12-City 178 uous to the City of Vicksburg, thereby exposing his person, or any part thereof, to public view. Any person violating this section shall upon conviction be fined not more than ten dol- lars for each offense. 167. the same; penalties. (1294 ) If any person shall wilfully and lewdly ex- pose his person, or the private parts thereof, in any public place, or in any other place where others are present, or pro- cure another so to expose himself, or shall appear in any public place in a state of nudity, or appear in public in dress of the other sex, or in any indecent or lewd dress, or do any lewd, obscene or indecent act in any public place, he shall upon con- viction be fined not more than fifty dollars, or be imprisoned not more than ten days, or both. It is necessary under this section to charge that the exposure was ‘‘ lewdly made. Stark v. State, 81 Miss., 397. 168. Indecent and Obscene Articles or Publications. It shall be unlawful for any person to publish or give, or circulate or sell, or cause to be published, given, circulated or sold, any book, print, writing, picture, newspaper, pamph- let, or other work of an obscene, licentious, lewd, or libellous nature, or to publicly exhibit any lewd, obscene or indecent picture. Any person violating this section shall, on conviction, be fined not more than one hundred dollars. 169. Junk Houses; regulations affecting. It shall be unlawful for any junk dealer, or other vendor of second-hand commodities, or any person acting as agent for such, to purchase any article or commodity, other than rags, bones and paper, from a minor, without the written consent of the parents or guardian of the minor; and all purchases of goods, wares and merchandise other than those mentioned in this section, made from any person whatever, by the proprie- tors of junk stores, or their agents, must be entered on a book kept for that purpose, designating the article and date of purchase, the name of the party selling, together with his or her residence. This book shall be correctly kept, and sub- ject to inspection whenever it may be deemed necessary by any member of the police force. Every proprietor of a junk house, or dealer in hides, shall keep a book or register in which shall be entered the name, color, sex and description of each person from whom such hides may be purchased. Such book shall be legibly kept, and shall be open at any time to the inspection of any person desiring to inspect it. Any person violating this section shall upon conviction 179 be fined not more than one hundred dollars, or be imprisoned not more than one month, or both. 170. the same; green hides, bones, offensive articles. It shall be unlawful for any junk dealer, or vendor of or dealer in articles usually kept at such places, to keep on hand for sale, or on storage for shipment, green hides, or bones of dead animals, such as are used in the making of fertilizers ; or to keep any kind of foul-smelling or offensive articles or material in any place or enclosure within this city which shall be nearer than 250 feet from any building occuj^ied as a resi- dence or place of business. Any person violating this section may upon conviction be fined not more than fifty dollars, and the house may be declared a nuisance, and abated by the City Marshal. 171. Advertisements; indecent, not to be displayed. No person shall put up or display in a conspicuous place any sign or advertisement of any patent medicine, or other article or thing, which shall be of such a nature as to be indecent, indelicate, or offensive to persons passing on the streets or highways; it is hereby made the duty of the police to take down and remove all such advertisements in the city limits and to arrest any person who shall ha\^e put up or displayed the same. Any person violating this section shall upon conviction be fined not more than twenty-five dollars for each offense. 172. Labor Agents ; to prevent unlawful acts of. It shall be unlawful for any labor agent, or any agent for another, or anyone interested in securing labor, to molest, disturb, decoy, entice, enveigle, or atteni])t to molest, disturb, decoy, entice, enveigle, any hands or labor- ers who have been brought or caused to l3e brought to the City of Vicksburg by another. Any person violating this sec- tion shall, upon conviction, be fined not more than twenty- five dollars for each offense. 173. Public Landing; not to be obstructed. If any person shall occupy obstruct or in any manner use or obstruct the public landing along the river or canal front of the City of Vicksburg, without authority and permis- sion from the Landing Committee of the Mayor and Aldermen, or of the City Marshal, he shall on conviction be fined not more than fifty dollars, or be imprisoned not more than twenty days, or both. 180 174. Larceny, petit; definition and penalty. (1252) If any person shall feloniously take, steal or car- ry away any personal property of another under the value of twenty-five dollars, he shall be guilty of petit larceny, and upon conviction shall be fined not more than one hundred dollars, or be imprisoned not more than one month, or both. See Hughes v. State, 80 Miss., 609. / 175. Larceny, petit; dog stealing. (1253) If any person shall feloniously take, steal and carry away any dog, the property of another, he shall be guilty of petit larceny, and upon conviction shall be punished as in other cases of petit larceny. 176. License and Examination Required in Certain Professions. (1334 ) If any person shall practice as an attorney or counsellor at law, or shall practice as a physician or surgeon, or dentist, or pharmacist, without having first been examined and obtained a license as required by law, he shall on con- viction be fined not more than one hundred dollars or be im- prisoned not more than one month, or both. Professional services by a physician who has no license come under this section. Bohn v. Lowery, 77 Miss., 424; An osteopath is not within the section. Hayden v. State, 81 Miss., 291. 177. Lotteries; provisions respecting. (1278 ) If any person shall sell, or offer, or expose for sale any lottery ticket, whether the lottery be in or out of this state, or of or in any other state, territory, district or country, he shall on conviction be fined not more than one hundred dollars, or imprisoned not more than one month, or both. 179. Malicious Mischief; injuring trees. (1393 ) If any person shall wilfully injure or destroy any shade tree or any ornamental tree not his own, on any highway or street, or in any yard garden or park, he shall on conviction be fined not more than twenty dollars for each tree so injured or destroyed, or shall be imprisoned not more than one month for each offense, or both. 180. Malicious Mischief; public property, etc.; penalty. (1065 )■ If any person, by any means whatever, shall wilfully or mischievously injure or destroy any of the work, materials or furniture of any court house or jail, or other public building, or school house or church, or shall deface any of the walls or other part thereof, or shall write. 181 or make any drawing or character, or do any other act, either on said building or the Avails or fences thereof, or commit a nuisance, or shall deface or injure the trees, fences, paA^ements or soil, on the grounds belonging thereto, or any ornamental or shade tree on any public street leading thereto, such person for every such otfense, shall upon conviction be lined not exceeding one hundred dollars or be imprisoned not more than one month, or both. 181. the same; (1287 ) If any person shall maliciously or mis- chievously destroy, disfigure, or injure, or cause to be destroyed, disfigured or injured any property of another either real or j^ersonal, he shall be guilty of malicious mischief, and uj)on coiwiction thereof shall be fined in a sum two-fold the value of the property destroyed, or the damage done, not to exceed one hundred dollars, or imprisoned not more than one month, or both. It is not necessary to aver that the acts were wilfully clone ; ‘ ‘ mali- ciously’’ is enough. Funderburk v. State, 75 Miss., 20. One maliciously injuring real property of another by tearing down and remo^dng a fence therefrom is not guilty of malicious mischief. Bark- ley V. State, 23 So., 185. 182. Morphine; sale regulated; penalty. (1291 ) If any druggist or other person Avhomsoever shall sell, offer for sale, or give away any sulphate or other preparation of morphine or cocaine in any bottle, Aual, eiiA^elope or other package Avithout having the same Avrap^ied in a scar- let paper or envelope, and labelled Avith a scarlet label, lettered in Avhite letters, plainly naming the contents of the bottle, Aual, enA^elope or package, he shall, on conviction be fined not more than one hundred dollars. 183. Opium; to prevent smoking. It shall be unlawful for any person or persons Avhomsoever to own, keep, maintain and carry on in the City of Vicksburg, any opium den, opium joint, or any room house or place Avhere opium in any of its forms is smoked cheAved or eaten, or Avhere opium smoking eating or cheAving is carried on or alloAved or permitted, or Avhere an opportunity is offered or afforded to any person AvhomsoeATr to smoke, eat or cheAv opium in any of its forms. 184. the same; unlawful to visit den. It shall be unlawful for any person or persons whom- soeA^er to Ausit or attend or be at any opium den, opium 182 joint, or other room or place as defined in the preceding section, with the intent then and there to smoke chew or eat opium in any of its forms, or to smoke, eat, or chew the same therein. Any person violating this or the preceding section shall ujDon conviction be fined not more than one hundred dollars, or be imprisoned not exceeding thirty days, or both. 185. the same; den declared nuisance and abated. Any opium den, joint, room or place in the City of Vicks- burg, as defined by this ordinance, is hereby declared a public nuisance, and subject to abatement by the City Marshal according to law. 186. the same; not to be sold. It shall be unlawful for any person to sell, offer for sale, or barter, or give away the extract of opium prepared for and generally used by persons addicted to the habit of smoking, chewing or eating the same. Any person violating this section shall upon conviction be fined not more than one hundred dollars, or be imprisoned not more than thirty days, or both. 187. Officer, Drunkenness by; penalty. (1309 ) If any officer of this city shall be guilty of habitual drunkenness, or shall be drunk while in the actual discharge of the duties of his office, or when called upon to perform the same, he shall, upon conviction, be fined not exceeding one hundred dollars. The indictment must charge that the accused was at the time the lawful incumbent of a specific office. Shanks v. State, 51 Miss., 464. If the term of office expire pending the prosecution, the indictment must be dismissed. Stubbs v. State, 53 Miss., 437. 188. Obscene Articles; prohibited; penalty. (1292 ) A person who sells, lends, gives away or offers for loan, gift, sale, or distribution, any obscene or inde- cent book, writing, paper, picture, drawing or photograph, or any article or instrument of indecent or immoral use, or who designs, copies, draws, photographs, or otherwise prepares such a book, picture, drawing or other article, or writes or prints, or causes to be written or printed, a circular, advertisement, or notice of any kind, or gives information orally stating when, where, how, of whom, or by what means such an indecent or obscene article or thing can be purchased or obtained, shall be guilty of a misdemeanor, and on conviction shall be fined not more than twenty dollars or be imprisoned not more than tAventy days, or both. 183 189. Pawnbrokers; provisions respecting. Every person doing business as a pawnbroker in the City of Vicksburg shall keep in a well-bound book, and in plain legible handwriting a particular, minute, and detailed descrip- tion of each article pawned to him. Also the name, color and residence of the pawnor or pledgor, and said pawnbroker shall keep such book open at all times to the inspection of the police. 190. the same; make report of pledges. Every person so engaged in the pawnbroking business shall prepare and deliver to the City Marshall every day before the hour of nine o’clock a. m., at his office, a legible and correct copy of such book, or registry of the description of all per- sonal property, or other securities received on deposit during the preceding day, with the name of each party making a deposit or pledge, together with the hour at which the article was received, and a description of the person by whom left in pledge, or from whom the same was purchased. 191. the same; pledges held 24 hours. All personal property of any kind received on deposit purchase or pledge by any such pawnbroker shall not be sold, or permitted to be redeemed or removed from the place of business of such pawnbroker for the space of twenty-tour hours after the copy and statement provided for in this ordi- nance has been delivered to the City Marshal. Any pawnbroker who fails to do and perform any of the acts or things required by this ordinance shall upon conviction be fined not more than fifty dollars or be imprisoned not more than thirty days, or both. 192. Personating an Officer; penalty. It shall not be lawful for any person other than the regu- larly appointed and authorized police officers, constables, deputy constables, deputy sheriffs, or deputy United States Marshals to wear any badge, uniform or insignia of any kind similar to or resembling the badges or uniforms of any i:>olice- man or other officer of this city, nor to hold themselves out, represent themselves to be, or exercise or assume any authority pertaining to the office of City Marshal, police officer, sheriff, constable,* or United States Marshal, or anv deputy therof. Any person violating this section shall upon conviction be fined not more than fifty dollars. 193. Pistols, (toy), Cartridges, Etc.; not to be sold. (1322 ) If any i:>erson shall sell or offer or expose for sale any blank cartridge pistol, or cartridges or caps or 184 other contrivance by which such pistols are fired or made to cause an explosion, he shall be guilty of a misdemeanor, and on conviction shall be fined not more than twenty-five dollars, or imprisoned not more than ten days, or both. 194. Poisons; how sold. (1323 ) It shall not be lawful for any apothecary, druggist or other person to sell or giye away any article belonging to the class of medicines usually denominated poi- sons, except as hereafter provided: (a) . Every druggist, apothecary, or other person who shall sell or give away, except upon the written prescription of a j^hysician, any article of medicine belonging to the class usually knoAvn as poisons, shall be required to register in a book kept for that purpose the name, place of residence, age, sex and color of the person obtaining such poison, the quantity sold, the purpose for which it was required, the day and date on which it was obtained, and the name and place of abode of the person for whom the article was intended ; and the said druggist or apothecary, or other person dispensing the same, shall carefully mark the word “POISON” on the label or wrapper of each package. (b) A druggist, apothecary or other person shall not sell or give away, except to physicians, any quantity of arsenic less than one pound without first mixing soot or indigo there- Avith in the proportion of one ounce of soot or half ounce of indigo to the pound of arsenic. (c) Any person violating the above proAUsions shall upon conviction be fined not exceeding one hundred dollars,- or imprisoned not exceeding tAventy days, or both. 195. Prize Fight; penalties for. (1335 ) If any person shall engage in, aid, insti- gate, encourage, or do any act to further a contention or fight between tAvo or more persons, or a fight commonly called a ring or prize-fight, or shall send or publish a challenge or acceptance of a challenge for such contention or fight, or carry or deliver such challenge or train or assist any person in training or preparing for such a contention or fight, he shall on conviction be fined not exceeding one hundred dollars, or be imprisoned not more than one month, or both. See Sullivan v. State, 67 Miss., 346. 196. Prostitution, Keeping House; penalty. If any person shall keep a house of ill-fame, or assignation 185 house, or permit any house owned by him her or them, or under his or their control, to be kept for the purpose ot prostutition, he or she shall upon conviction be fined not more than one hundred dollars. 197. Prostitutes, Street Walkers; penalty. If any woman of the town, or prostitute, shall walk the street after nine o’clock at night, or at any time shall solicit any person on any street, or any public place, to accompany her or to meet her at any place for purpose of prostitution, she shall on conviction be fined not more than one hundred dollars. 198. the same; removal of. If any keeper or inmate of a house of ill-fame, prostitute, or any lewd, or immoral person, or any person who according to common report is a keeper or inmate of a house of ill-fame, prostitute, lewd, or immoral person, shall fail or refuse to remove from any house or street in said city for five days after having been notified so to do, in writing by the City Marshal, then the house occupied by such person or persons shall be deemed and held a nuisance, and upon proof thereof in proper proceedings instituted to that end in the city court of said city, it shall be adjudged that such nuisance be abated, and that such person or persons be ejected and removed there- from by the City Marshal. 199. the same; proceedings. Proceedings to abate the nuisance herein defined shall be begun against the person or persons maintaining such nuisance and who are sought to be removed, and specifying the house by them occupied; and upon trial thereof, proof of the char- acter of the house, or of any person sought to be removed, may be established by evidence of the general reputation, or com- mon fame as to such house, and such person or persons. 200. Houses of Prostitution; to suppress. If any owner or lessee or agent of any liouse or curtilage situated within the imits of the City of Vicksburg shall know- ingly permit the same to be kept or occupied as a house of pros- titution, such owner, lessor or agent who shall have knowingly rented, leased, or permitted the same to be so kept or occui)ied shall, upon conviction, be fined not more than one hundred dollars each, for each and every such ofi’ense. 201. Prowling Around Property of Others. It shall be unlawful to be found prowling about the prop- 186 erty of others without being able to give a good account of one’s self. Any person violating this section shall, upon con- viction, be fined not more than one hundred dollars, or be imprisoned not more than one month, or both. 202. Railroads; stealing rides; penalty. (1344 ) Any person who shall ride upon any engine, tender, car, or train, of any railroad company without authority or permission of the proper officers or employees of the company, or of the persons in charge of such engine, tender, car, or train, shall on conviction be fined not more than twenty dollars, or be imprisoned not more than one month, or both. 203. the same; jumping on and off trains; penalty. (1347 ) If any person other than passengers, or employes engaged in operating the railroad, snail wilfully climb, jump, or step upon, or in any way attach himself to, or shall jump off a locomotive, tender or car while in motion on a railroad track or siding, he shall upon conviction be fined not more than twenty-five dollars, or be imprisoned not more than one month, or both. An affidavit under this section averring merely that a person jumped off a moving railroad train, charges no offense, and the arrest and im- prisonment of a passenger under such an affidavit subjects the party to an action for false imprisonment. A. & V. Ry. Co., v. Kuhn, 78 Miss., 114. 204. Receiving Stolen G-oods; misdemeanor; penalty. (1259 ) If any person shall buy, or receive in any manner or on any consideration personal property of any value, feloniously taken away from another, knowing the same to have been so taken, he shall be guilty of receiving stolen goods, and if the value of the property so received shall be less than twenty-five dollars he shall, upon conviction, be punished as in other cases of petit larceny. Under an indictment for receiving stolen goods, proof that the defendant himself stole them will not convict. Sartorious v. State, 24 Miss., 602. Frank v. State, 67 Miss., 125. By knowing them to be stolen it is not meant that the defendant should have witnessed the theft. If the transaction be such as to convince him, or as should do so, that the property was stolen, and he receive it, he has knowledge to make him guilty. Ib. If two persons be jointly indicted and tried together for receiving stolen property, evidence of a separate receiving by one without the knowledge or consent of the other is not admissible over the objection of that other. Wheeler v. State, 76 Miss., 265. 205. Resisting an Officer; penalty. (1297 ) If any person shall knowingly and wilfully 187 oppose or resist any officer of this city or other authorized person in serving or attempting to serve any legal writ or pro- cess, or in the lawful discharge of any duty, he shall on con- viction be lined not exceeding one hundred dollars, or be im- prisoned not exceeding one month, or both. 206. Sunday Closing; general. (1366 ) If any person on the first day of the week commonly called Sunday, shall himself labor at his own or any other trade, calling or business, or shall employ his servants or apprentices in labor or other business, exce[)t it be in the ordinary household offices of daily necessity, or other work of necessity or charity, he shall, on conviction, be fined not ex- ceeding twenty dollars for each such offense, deeming every servant or apprentice so employed as constituting a distinct offense. 207. the same; not to apply in certain cases. If any merchant, shop-keeper, or other person shall keep open store or dispose of any wares or merchandise, goods or chattels, on the Sabbath day, commonly called Sunday, or sell or barter the same, he shall on conviction be fined not exceeding twenty dollars for every such offense. But nothing in this or the foregoing section shall apply to labor on railroads or steamboats, or to apothecaries or drug- gists who may open their stores for the sale of medicines, or to the owners or proprietors of confectionery stores, ice-cream and soda-water stands, cigar stands, news stands, pool and billiard rooms, dairies and milk wagons, hotels, restaurants, lunch counters, ice houses, livery stables, hacks and hack drivers, street cars, telephone and telegraph offices and fruit stands where fruit and vegetables exclusively are kept for sale, or to news boys and boot-blacks. Eetail grocers, markets or stands for the sale of fresh meat or fish, ynd bakeries shall be exempt from the provisions of this and the foregoing sec- tion up to the hour of ten o’clock a. m., on ihe Sabbath day, commonly called Sunday, but not thereafter. 208. Automobiles; speed regulated. It shall be unlawful for any person or person to run, drive, or propel an automobile through, along, or over, any of tlie streets or public thoroughfares of the City of Vicksburg, at a greater rate of speed than six miles an hour. 209. the same; to show lights. It shall be unlawful for any person or persons to rim, drive, or propel an automobile through, along or over any ot the 188 streets or public thoroughfares of the City of Vicksburg after dark, without having displayed in front of the vehicle an appropriate and sufficient headlight or lights, to warn persons of their presence or approach. Any person or persons violat- ing this or the prceding section shall, upon conviction, be fined not more than twenty-five dollars for each offense. 210. Railroads Not to Obstruct Crossings. Every railroad company operating and running its cars in said city, upon stopping a train for any purpose at a place where the railroad is crossed by a street, shall so uncouple its cars as not to obstruct travel thereon for a longer period than one and one-half minutes. The purpose of this ordinance being to limit the time during which a street may be so obstructed by a railroad company under section 4049 of the Mississippi Code of 1906. But nothing in this ordinance shall apply to the obstruction of street crossings by rail- road companies by through freight trains engaged in interstate commerce which require a longer time than one and one-half minutes to make a crossing while running at a rate of speed not exceeding six miles an hour. 211. the same ; procedure and penalty. Any railroad company or any ot its employees violating any of the provisions of this ordinance shall be liable to a fine of fifty dollars for each offense, and the railroad com- pany shall be proceeded against as provided by section 1439 of the Mississippi Code of 1906, which is hereby adopted and made a part of this section, except that the charge against such railroad company shall be made by affidavit before the city court, instead of by indictment as provided in sec- tion 1439. 212. Merchant Not to Display Goods on Sidewalk. It shall be unlawful for any merchant, person, individual, corporation or trader, to use the sidewalks in the City of Vicks- burg, or any of them, or any part thereof, for the purpose of displaying his goods, wares, or merchandise of any kind or description. And any person convicted of a violation of this section shall be fined not more than twenty-five dollars. 213. Sidewalks; abutting owners to build. When it shall appear that any sidewalk or gutter in the City of Vicksburg fronting on private property should be built, renewed or repaired with stone, brick, wood or other material, the owner of such property shall, by resolu- 189 tion or order of said Mayor and Aldermen be required to build, renew or repair such sidewalk or gutter fronting such property, at his own expense; but before any person shall be required to build, renew or repair any such sidewalk or gutter, the City shall first establish the proper grade of such work by its engineer. 214. the same; how built and paid for. When such grade has been established, the Mayor and Aldermen shall cause the City Clerk to issue a written no- tice, which shall be served upon the abutting owner by the City Marshal or Deputy Marshal, notifying said abutting owner that the grade for the proposed sidewalk or gutter has been established, and requiring such owner within twenty days after such notice to bring said sidewalk to grade by cutting or filling, as may be necessary for such purpose, at his own expense, and to build, renew or repair said sidewalk and gutter on the grade as established, the same to be built of such material and in such manner as the Mayor and Aldermen in such notice may prescribe, or as provided for by the other ordinances of the City on that subject. Such notice shall be served upon the party to whom it is addressed, in one of the following modes : (1) . Upon such party personally, if to be found in the City, by handing him a true copy of such notice. (2) . If such party can not be found in the City, then by delivering a true copy of such notice to the occupant of the property mentioned (if occupied), or to the agent of the owner, if he have one in said City. (3) . If the party to whom the notice is addressed, or his agent, cannot be found in the city, and the property is unoccupied, a true copy of said notice shall be posted at some conspicuous place upon such property. (4.) If the owner of said property be an unmarried infant, the notice shall be served on him personally and upon his father or mother or guadian, if he have any in this State; but if he be married, notice may be served as on an adult. If such abutting owner shall not, within twenty days after the service of said notice upon him as provided for herein, bring the sidewalk to grade, as established, and build, renew or repair, as the case may be, said sidewalk and gutter as provided for hereby, and by the order of the Mayor and Aldermen, then such sidewalk shall be brought to grade 190 and said sidewalk and gutter shall be built, renewed or re- paired under the supervision and direction ot the City Mar- shal or such other person as may be designated by the Board, and the work paid for out of the the city treasury; and the cost of bringing such work to grade and building, renewing or repairing said sidewalk and gutter, shall be charged to the abutting owner, and shall be made a lien upon the abutting property. And the said Marshal or other person having such work done, shall report in writing to the Assessor and Collector of said city, the cost to the city of such work in front of such lot or part of lot, and the Asses- sor and Collector shall assess the same upon such property with 25 per cent, damages, with the next accruing city taxes to be collected thereon, and shall collect the same with said taxes in the same mode as provided for the collection of taxes on real estate ; or the said costs and damages may be recov- ered of the property owner by suit in any court of compe- tent jurisdiction. Said costs and damages shall be a lien upon the property to which the same are chargeable. But the owner of a lot or part of a lot fronting or abut- ting on a sidewalk or gutter so built, renewed or repaired, may pay one-fifth of the cost of building, renewing or repairing such sidewalk or gutter, in cash, and shall thereupon be entitled to an extension of the balance payable in equal installments in one, two, three and four years, with interest at the rate of 8 per cent, per annum, provided such owner will execute his promissory notes for each of said in- stallments payable as aforesaid to the Mayor and Aldermen of the City of Vicksburg, with interest as aforesaid, and de- liver the same to the City Treasurer for the use of the City of Vicksburg. Said installment notes shall be assessed by the Assessor and Collector against the property of the maker fronting or abutting upon the sidewalk so built, re- newed or repaired, and shall constitute a first lien thereon until paid. In default of the payment of any of said installment notes at maturity, the Assessor and Collector of Taxes shall add 25 per eent. damages thereto, and shall collect the same with the next taxes accruing on such lot or part of lot, and with the same remedies. Any person violating this or the preceding Section may upon conviction be fined not more than one hundred dollars. 215. Platforms Not Built Over Gutters, except. It shall be unlawful for any person to have, build or main- 191 tain any bridge or platform, other than for ingress and egress of vehicles to and from their property, over and above any gutter, drain, or open sewer in front of their proprety in the City of Vicksburg. All gutters or platforms maintained as aforesaid are, and they are hereby declared nuisances. xVny person violating this section shall, upon conviction, be lined not exceeding fifty dollars, or be imprisoned not exceding one month or both. 216. the same; declared nuisance; how abated. If said nuisance defined in the preceding section be not abated immediately after conviction the City Marshal shall be authorized to abate such nuisance, and all expense thereof shall be charged to the abutting property owners, and collected by the assessor at the same time and in the same manner as city taxes are collected. 217. Washington Street Sewer Not to Be Tapped. It shall be unlawful for any person to tap or connect any drain-pipe, water-pipe, or waste-pipe, or sewer-pipe with the sewer under Washington Street in the City of Vicksburg, or to tap or connect any drain-pipe, water-pipe, waste-pipe, or sewer-pipe, with any pipe or sewer connection, with the said sewer under Washington Street, without first obtaining the permission of the Mayor and Aldermen of said city. If any person shall violate this section he shall, on conviction, be fined not more than one hundred dollars, or be imprisoned for not more than thirty days, or both. 218. Dead Animals; how hauled through streets. It shall be unlawful for any person or persons to convey any dead animal through the streets of the city without hav- ing the same covered, or hid from view. If any i:>erson shall violate this section he shall on conviction be punished by a fine not exceeding ten dollars. 219. Provisions Regulating the Erection and Maintenance of Elec- trical Poles, etc. Within the boundary of China Street on the north, Cherry Street on the east. Depot Street on the south, and Levee Street on the west, all poles for any kind or class of electrical wiring, must be of cedar, chestnut, or juniper, of sound live timber, straight and have a smooth, plain surface. 220. the same. All poles for telegraphic purposes shall not be less than forty-five feet in length, not less than six inches at the taper- 192 ing end, and not less than tAvelve inches in diameter at a point immediately above the curbing. Those for electric light and power purposes shall not be less than forty feet in length, not less than six inches at the tapering end, and not less than twelve inches in diameter at a point immediatel}^ above the curbing. Those for electrical street railway purposes shall not be less than twenty-five feet in length, not less than five inches at the tapering end, and not less than eight inches in diameter at a point immediately above the curbing; those for telephone purposes shall not be less than fifty feet in length, not less than six inches at the tapering end, and not less than twelve inches in diameter at a point immediately above the curbing. 221. the same. All such poles shall be placed on the inner side of the curb line of the sidewalk, and shall be inserted in the earth not less than five feet; all poles except those of the Electric Street Kaihvay, shall be equipped with cross-arms of uniform length, not less than fourteen inches apart, and braced with double braces so as to keep the wiring strung thereon at an elevation of twenty-five feet from the sidewalk or street; all poles erected shall be guyed wherever necessary by the erection of guy stubs of the same character of timber as of the poles ; all guy stubs shall be set in cement ; and all guy wires attached to said stubs shall be fastened in all cases with iron bands or metallic straps with turn buckles, and a clearance of such guy wires shall be maintained at an elevation of twenty feet at every crossing, or intersection of streets and public ways. 222. the same. In all parts of the city without said boundary, all poles shall conform to the requirements and be erected in the manner hereinbefore provided, but in no case shall they be less than thirty-five feet in length, not less than six inches at the taper- ing end, and not less than eight inches at a point immediately above the curbing, and all wires thereon shall be strung at an elevation of not less than twenty-five feet from the curbing; Electric Street Kailway excepted from the requirements of this section. 223. the same. All electric street railway companies shall provide and maintain in all cases, where their wires or trolleys are crossed by electric wires of other electrical companies, suitable guard- Avires, to prevent falling wires from coming in contact with their system of live Avires, or trolley wires. 193 224. the same. The guy-wire lines and stubs of all electrical street railway companies shall be protected by non-conductors, and said com- panies shall maintain a high standard of insulation over their entire system where the trolley is carried by suspension sup- ports, and they shall keep their rails over all public streets connected, or bonded. 225. the same. The distribution of the wires of all electrical companies from the main fleet or routes of wires crossing streets, shall be made either at the intersection of streets, or all at a point in the middle of the square, and said wires shall be so dis- tributed at an elevation of not less than twenty-five feet in the clear. 226. the same. All telephone companies shall operate independently of one another as regards occupancy of the streets, sidewalks, or public ways of the city, and in no event shall one company occupy the same side of the street, sidewalk, or public way of the city occupied by another, except for distribution from a fleet or route of wires as mentioned in the preceding section, and in that event shall be limited to the use of not more than four poles ; and no company shall be allowed to string its wires or lines within four feet of the wires or lines operated by another company, 227. ■ the same. The city shall have free of all charge, a right of way over, and the use of all the poles of all electrical companies for the purpose of erecting and maintaining fire alarm and police telephonic system thereon; and no company snail string its wires within four feet either above or below the wires used in the said system. 228. the same. All electrical companies shall paint their poles in a color to be selected by the Street Commissioner, from the ground to a point ten feet from the curbing, and thence white to the top‘, each company shall have its name stenciled on its poles, and it shall be unlawful for any one to post or paste bills or dodgers thereon. 229. the same. The location, inspection and placing of all poles shall be under the supervision of the Street Commissioner, and in no 13-City 194 case shall a pole be erected without a permit from him, unless under the direction of the Board of Mayor and Aldermen of the city. 230. the same. All electrical companies shall immediately repair in a workman-like manner, all sidewalks, curbings, or streets that they may disturb or injure in erecting or repairing their poles, lines, wires, guy-wires, or guy-poles. 231. the same. If any electrical company shall violate any of the provis- ions of the laws relating to the erection and maintenance of their poles, or fail to conform to all the requirements of law within ten days after notice given, it shall upon conviction be fined not more than fifty dollars for each day • after the expiration of said ten days notice, that it continues such violation. 232. the samft. All electrical companies erecting poles and wires in the city shall, before it commences such erection, give bond with two or more sureties, in the penalty of three hundred dollars, conditioned that in the event of the abandonment of its poles or wires, the same shall be moved without delay and without expense to the city, and to repair all damages occasioned thereby. 233. Bicycle to Show Lights. It shall be unlawful for any person to run or ride a bicycle through or over any of the streets or public thorough- fares of the City of Vicksburg after nightfall, without having clearly displayed in the front of the same an appropriate head- light signal. 234. Bicycle; not ridden on sidewalks. It shall be unlawful for any person to run or ride a bicycle along or over any sidewalk of the city. Any person violating this or the preceding section shall on eonviction be fined not more than five dollars. 235. Cherry Street Crossing; gates. It shall be lawful for the Alabama & Vicksburg Kailway Company to erect and maintain on each side of its track where the same crosses Cherry Street in Vicksburg, Mississippi, sub- stantial gates, capable of being readily and rapidly closed or opened, or raised or lowered, across Cherry Street and side- 195 Avalks on both sides of said street and on each side of said tracks, and to lower or close the same from time to time, for not more than one and one-half minutes at any one time when- ever it shall be necesary, convenient, or proper for the passage of its trains to and fro across said street at said crossing. 236. the same; gates not to be interfered with; penalty. It shall be unlawful for any j^erson other than the ser- vants of said raihvay to interfere with, or attempt to remove, or raise or lower said gates when in use as aforesaid, or to attempt to cross said railway track at Cherry Street crossing when the gates are lowered or closed, or in the act of being lowered or closed, and for every violation of this section the 2)erson so offending shall, upon conviction, be fined not more than twenty-five dollars. 237. Houses to be Numbered. Every owner of every house within the City of Vicksburg, and every occupant thereof, shall place, keej^ and maintain upon said house, the number thereof, in 2:>lain figures not less than two and a half inches in height. Any person Avho shall fail to number any building owned or occuj^ied by him, shalJ, upon conviction thereof, be fined not exceeding five dollars. 238. the same; penalty for defacing numbers. If any joerson shall wantonly or maliciously destroy, change or deface the number placed upon any building in said city, he may, upon conviction, be fined not more than twenty five dollars. 239. Sign Boards; not to be on Washington Street. No person shall erect, place keep, or maintain any sign or signboard across the sideAvalk above or projecting above, the pavement on Washington Street in this city, Avliether such signboard be pendant and swinging, or be so fastened as to be stationary. See Geardina v. Greenville, 70 Miss. 8%. 240. Obstructions; not to be kept over sidewalk. No person shall hereafter erect, place or suspend, or keep, any goods, wares, or merchandise, or any other article or thing, or obstruction whatever, above or over the sidewalk on said street, except a properly constructed awning over the sidewalk in front of his building. 241. the same; no obstruction to be placed across Washington Street. No person shall erect place, keep, or maintain any sign 196 or other article or thing, or obstruction of any kind whatever, above or over said Washington Street. 242. Obstructions to Be Removed. All signboards, signs, goods, wares, merchandise, or other article or thing, or obstruction which niay have heretofore been erected or placed across or over said streets, shall be removed by the person or persons who erected or placed the same, or by the owner of the building to which they are attached or in front of, within ten days after notice by the City Marshal. Any person violating this, or any of the three foregoing sections, shall on conviction be fined not more than ten dollars ; and the article or thing so erected, placed, or kept in violation of any section of this ordinance, shall be removed as a nuisance by the City Marshal in accordance with law. 243. Gutters; how built across streets. It shall be unlawful for any person to build or cause to be built, any gutter across any sidewalk within the limits of said city unless constructed as follows : where any gutters cross any sidewalk the same shall be built under and beneath the sidewalk ,and shall be built of terra cotta, or brick. Any per- son violating this section shall, upon conviction, be fined not more than ten dollars. 244. Steps, etc., of Houses; not to obstruct streets. No house or other structure now in process of being built, repaired, or remodelled in the city, shall be so constructed as to have any steps, or appendage, attachment, or projection, in or to said house or other structure, so arranged, built, or constructed, that any portion of said steps, appendages or at- tachments shall rest upon, or be in any portion of said sidewalk of the street upon the line of which said house or structure shall be located, or be so arranged as to bridge over said side- walk at a lesser elevation than fifteen feet above said sidewalk, and that all permits for the construction of such steps, appen- dages or attachments, heretofore granted by the Mayor and Aldermen, are hereby recalled and repealed. Any person vio- lating this section shall, upon conviction, be fined not exceeding- twenty five dollars, and the projection or obstruction be re- moved as a nuisance by the City Marshal, in accordance with law. 245. the same; garbage, slops, trash; how placed on streets. No owner or occupant of any house, or servant thereof, shall throw, deposit or place lany loose trash, garbage, paper, straw or other like matter or thing upon any 197 of the streets, lanes or alleys of the city unless the same shall before nine o'clock A. M., be deposited near the sidewalk in a substantial galyanized iron garbage can, with tight-fitting top from which it may be easily remoyed by the city carts. When the city carts shall haye remoyed the same the emptied can shall be at once taken off the streets. Xo primings from trees, shrubbery or brush of any kind shall be deposited and suf- fered to remain upon any of the streets, lanes or alleys. Any person yiolating this section,*or permitting a seryant so to do, shall, upon conyiction, be fined not more than ten dol- lars for each offense. 246. the same; city health officer may have the work done. If any sidewalk or gutter in the city shall become unclean, unhealthy, filthy, or grown up with weeds or grass, the City Health Officer may notify the owner or occupant of said prem- ises or the agent thereof to immediately clean the gutters, cut the grass and weeds, and put the surroundings in a sanitary condition. Should any person fail or refuse to obey such or- der for three days the City Health Officer may haye said work done under his direction. In case of yacant or unoccupied property, where the owner, occupant or agent cannot be easily found, the said City Health Officer shall be authorized to put the same in sanitary condition. Any owner, occupant or agent yiolating this section, or refusing to obey the proper order of the City Health Officer with regard thereto, shall upon conyic- tion be fined not more than ten dollars, and each day of neglect or refusal after the expiration of the said tliree days notice, shall constitute a separate offense. And the City Health Offi- cer shall report in writing to the City Assessor and Collector the cost to the city of all necessary work incurred hereunder; and the Assessor and Collector shall assess the same upon the property, with 25% damages, with the next accruing city taxes, which shall be collected as taxes on real estate are col- lected. 247. the same; streets and sidewalks not to be tampered with. It shall be unlaAvful for any person unnecessarily to dig into or tear up, or in any manner injure the surface or pave- ment of any unpaved street or sidewalk within the City of Vicksburg without first obtaining a permit from the Street Commissioner; and the Street Commissioner shall require a bond conditioned for the proper repair and restoration of any street or sidewalk included herein before he shall grant a permit to cut, dig into or disturb the same. Any j^erson or corporation violating this section, or who may cut or dig into any of the said streets or sidewalks to lay water mains or 198 connections for same to consumers, or any gas main or gutter of any kind, who shall fail to replace the dirt, gravel or side- walks, by thoroughly tamping the dirt or gravel in the streets, or by carefully replacing and re-laying the sidewalks and gutters so torn up, leaving the same in as good order and con- dition as when found, shall upon conviction be required to re- store the same to proper condition, or shall be fined not more than fifty dollars, or both. 248. the same; cutting inl;o paved streets; permit required. It shall be unlawful for any person, persons or corpora- tion to dig into, cut, remove, or in any wise disturb the sur- face of any street now or hereafter to be paved with brick, asphalt, bitulithic, or any like substance, for any purpose what- soever, except upon written permit first Had and obtained from the Board of Mayor and Aldermen, except in case of emer- gency the Mayor may give such permission. And in every case when, upon such permission, such streets shall have been cut into for the purpose of laying water, gas, or sewer pipes, or for any other purpose whatsoever, it shall be the duty of the Street Commissioner to see that the persons so cutting the street shall puddle and ram the back filling (so as to pre- vent the settling of the street at the place cut) and shall in every respect replace and restore the said street, gutter or pavement, to the condition in which it was found. This shall be done under the direction of and to the full satisfaction of the Street Commissioner. And the Board of Mayor and Al- dermen shall require a bond conditioned for the proper repair and restoration of any paved street, sidewalk and gutters, before they shall grant a permit to cut, dig into or disturb the same. If any person or persons, or corporation, shall violate this section by cutting into any such street without a permit, or having such permit, shall fail to restore any such street as contemplated hereby, he or they, or it may be required to restore the same, or upon conviction may be fined not more than one hundred dollars, or both. A corporation may be proceeded against as directed by section 158 hereof. 249. Marbles, Tops and Other Games Not Played on Streets. If any person or persons shall play at the game called marbles, or at the game called tops, or at the game of ball, on any street or highway of said city, he or they shall, upon conviction, be fined not more than five dollars for each offense. 250. Barbed Wire; not placed next to street. If any person shall plane, or allow to be placed any wire known as barbed-wire around his premises for the purpose of 199 fencing, or protection of the same, where said property bor- ders on or touches any street of said city, he shall be fined, on conviction, not more than ten dollars. And after notification by the Marshal to remove the same, each day’s continuance thereof shall be deemed a separate offense. 251. Barbed Wire; not placed on trees in streets. If any person shall place, or allow to be placed, any barbed-wire around any tree or trees which shall be situated on any street of said city, he shall upon conviction, be fined not more than five dollars. And for each day that the same shall be allowed to remain around said tree after due notice from the City Marshal, shall be deemed a separate offense. 251. (a) the same; how gates built. It shall not be lawful for any person hereafter to build construct or hang a gate in any fence abutting upon any pub- lic street of said city, which gate shall swing or open out- wardly upon the said street, except by written permission of the Mayor and Aldermen which may be granted in extreme cases where great inconvenience or expense would otherwise be caused. And all gates opening outwardly as noAv existing in said city shall be kept safely closed, particularly at night, so as to prevent injury to persons passing by. Any person violating this section may, upon conviction, be fined not more than twenty five dollars. 252. the same; dead animals; how removed. It shall be unlawful for any person to allow any dead ani- mal to remain on his premises for more than six hours after death, or to throw the same upon any of the streets, lanes, alleys or vacant lots within the city. The owner or person in possession of said animal, or the owner or occupant of the premises upon which said animal may have died, shall imme- diately after death, at his own expense, remove the same be- yond the limits of the city. Any person violating this sec- tion shall upon conviction be fined not more than twenty five dollars. 253. the same; slippery substances not thrown on sidewalks. It shall be unlawful for any person to put, place, leave or throw, on any sidewalk in the city, any i)anana peelings, orange peelings, or other slippery sul)stances. Any person violating this section shall on conviction be fined not exceeding five dollars for each offense. 254. the same; railroads not to blockade Mulberry and Pearl. If any railroad company shall place any freight-car, 200 box-car, or car of any kind on the switch at the west side of Mulberry Street, betw^een Depot Street and Williams Street, or on Pearl Street between Depot and Klein Street, it shall on conviction thereof, be fined five dollars for the first offense, and ten dollars for the second, and each succeeding offense; provided, however, that nothing in this section shall be con- strued to conflict with the rights of any railroad company to use said switches for the purpose of loading or unloading cotton or other freight; provided further that unless cars so placed thereon are in actual use and service, this section shall apply. 255. the same; railroads to place light at crossings. Every railroad company having its tracks and running its trains and engines through the streets of the City of Vicks- burg, shall cause an electric light of two thousand candle power to be placed on the corner of every street which is inter- sected by the track of the railroad company. And every light so placed, shall be lighted on the same schedule as that pro- vided for in the lighting contract of the city existing at the time. Any railroad company violating, refusing, or neglect- ing to so place said lights as aforesaid or to keep the same lighted shall, upon conviction, be fined in the sum of fifty dol- lars for the first offense, and one hundred dollars for the second, and each succeeding offense. 256. the same; speed of' trains, cars, etc., regulated. It shall be unlawful for any engine, train of cars, or other vehicle or vehicles propelled by steam, to run within the limits of the City of Vicksburg at a rate of speed exceeding six miles an hour; or for any electric street railway company or any employee thereof to run or propel any car along the streets of said city at a greater rate of speed than twelve miles per hour. The bell of every steam engine shall be rung before crossing any street, and also while running down or up any street; and no steam whistle of any engine shall be used or sounded while such engine is in motion, except to clear the track of an existing or troublesome obstruction. For each violation of this section the engineer or other person in charge of such engine shall, on conviction, be fined not exceeding twen- ty five dollars, and the company, corporation or other person or persons to whom said engine may belong, or under whose control it may be, shall likewise be fined in a sum not exceeding twenty five dollars. 257. Streets; to protect from leaky mains. It shall be unlawful for any corporation, or any water company, or water works company, or any superintendent or 201 manager, or managing director of any water company, or wa- ter works company, or any person or indiyidual or indiyiduals owning or operating aii}^ water works S 3 ^stem in the City of Vicksburg to any person haying a water works plant, or sys- tem of water works in charge, or under his superyision, man- agement or control, to allow or permit the pipes or mains or conduits of such plant or system to be out of repair, or to be in such leaky condition as to permit the water to escape there- from, and to flow on or oyer or across lany of the streets, roads, lanes, or alleys of the City of Vicksburg, or any of them, for as long as two days in succession at any one time. And any such person yiolating this section shall on conyiction be fined not more than one hundred dollars. 258. Sidewalks; loafers blockading. It shall be unlawful for any persons to loiter, loaf or gather, or assemble upon any sidewalk or street of this city in such numbers or in such manner as to impede the free use of said street or sidewalk, or to interfere with persons passing along the same. Should any person yiolate this section he shall, on conyiction, be fined not more than ten dollars. 259. Racing or Shooting in Streets. (1226 ) If any person shall be guilty of facing or shooting in any street or public highway he shall on conyic- tion thereof be fined not more than one hundred dollars. 260. the same; vehicles and animals; leaving unhitched. If any owner, rider, driver, or person in charge of any horse, mule or team, or wheeled vehicle drawn by any animal, shall leave the same standing unhitched upon any public street, without some competent person in control to prevent accident, such owner, rider, driver or person in charge thereof, shall upon conviction, be fined not more than fift}’ dollars. 261. Streets; animals and vehicles not permitted on sidewalks. If any person shall wilfull}" or needlessly lead or ride a horse or mule, or drive a wagon or dray or other vehicle u])on a sidew'alk except across such part thereof as is ])rovided therefor, he shall on conviction, be fined not more than ten dollars. 262. Streets; vehicles standing in. The City Marshal, or any officer of the police force may order any horse or vehicle standing in the street to be removed as may seem to him most convenient for persons passing by. If any driver or person in charge of the same shall fail to 202 obey such order, the owner, driver or person in charge of such vehicle shall upon conviction be fined not more than twenty five dollars for each offense. 263. the same; fast riding or driving. It shall be unlawful to ride or drive through the streets in so rapid, reckless, careless or negligent a maner as to en- danger the lives, vehicles or property of others. Any person violating this section shall upon conviction be fined not more than one hundred dollars. 264. the same; dangerous sidewalks. It shall be unlawful to leave open any cellar, vault, door, stairway or grating on any sidewalk, or to suffer any side- walk in front of one’s premises to become or continue so broken, dangerous or out of repair as to endanger life or limb, or to permit any well, cistern or other excavation to remain open or uncovered to the danger of others. Any person violating this section shall upon conviction be fined not more than one hundred dollars. 265. Dangerous Obstructions on Sidewalks. It shall be unlawful to permit the sidewalk or gutters in front of one’s place of business or house to remain obstructed, or in a filthy condition, or fail to clean the same after three hours notice from any police or other city officer, or to permit any coal or wood to remain on la paved sidewalk for more than three hours. Any person violating this section shall upon conviction be fined not more than one hundred dollars. 266. Surveys to be submitted. All persons making or causing to be made, surveys, re- surveys, plats and sub-divisions of any property in the City of Vicksburg, shall first submit the map of the surveys, re- surveys, plats and sub-divisions to the Mayor and Aldermen of said city for their approval before the same is filed for record in the Chancery Clerk’s office of Warren County, Mis- sissippi. Any person violating this section shall, on convic- tion, be fined not exceeding twenty five dollars, or imprisoned not exceeding twenty days, or both. 267. Tramps; who are held to be. ( 1383 ) Any male person over sixteen years of age, and not blind, who shall go about from place to place begging and asking subsistence by charity, and all who stroll over the country without lawful occasion, and can give no account of 203 their conduct consistent with good citizenship, shall be held to be tramps. 268. the same; how arrested and dealt with. 1385 ) Any person may arrest a tramp and take him before the city court, and the clerk or judge thereof shall at once take the affidavit of the person charging the offense, and the city court shall forthwith try the accused for being a tramp and deal with him accordingly if found guilty. Every person on conviction of being a tramp shall be punished by a fine of not more than fifty dollars, or imprisoned not more than one month, or both. 269. the same; entering dwelling; carrying weapons. (1386 ) Any tramp who shall enter any dwelling house, or yard or enclosure about a dwelling house without the permission of the owner or occupant thereof, and shall not immediately depart when requested, or shall be found carrying fire-arms or other dangerous weapons, or shall do or threaten to do any injury to any person, or the real or personal property of another, shall, upon conviction, be imprisoned one month, or fined one hundred dollars, or both. 270. Trespass; penalty for wilful and malicious; If any person shall wilfully or maliciously trespass upon the property of another, or enter thereon for any unlawful purpose, or being thereon shall be guilty of any disorderly or offensive conduct, he shall on conviction be fined not more than fifty dollars. 271. Unlawful Cohabitation; definition, penalty. (1029 ) If any man and woman shall unlawfully cohabit, whether in adultery or fornication, they shall upon conviction, be fined in any sum not more than one hundred dollars and imprisoned not more than one month; and it shall not be necessary, to constitute the offense, that the parties shall dwell together publicly as husband and wife, but it may be proved by circumstances which show habitual sexual intercourse. Criminal intercourse once shown is presumed to continue if the parties be living under the same roof, although those who durell with them are not prepared to depose to the fact. Carotti v. State, 42 Miss., 334. It is not necessary to constitute the crime that the parties should represent themselves as married. Ib. Kinard v. State, 57 Miss., 132. It is necessary to show that the parties, whether d welling together or not, habitually indulgh in sexual intercourse. Cranberry v. State, 61 Miss., 440. 204 It is unnecessary to show that the parties dwell together or publicly avow the relationship ; it is sufficient to show habitual concubinage, or lying together. Granberry v. State, supra. Evidence tending to show improper familiarity and criminal in- timacy subsequent to the findiuir of tne iiidicrtment, is admissible to illus- trate and characterize the relations and conduct of the parties, shown to have existed or occurred within the time covered by the indictment, if such act be not too remote in point of time. Stewart v. State, 64 Miss., 626. ' ’ A white man and a negro woman cannot maintain an assignment of error in the supreme court based on the fact that the district attorney appealed to the jury to discountenance miscegenation. Ib. A teacher who during a short period of time commits a few acts of sexual intercourse witli a pupil openly in the school-room is not guilty of cohabitation with her. Brown v. State, 8 So., 257. 272. Vagrants; definition, penalties; procedure. (5055 ) The following persons are and shall be punished as vagrants: (a) Persons known as tramps, wandering or strolling about in idleness, who are able to work, and have no property to support them. (b) Persons leading an immoral or profligate life, who have no property to support them, and who are able to work and do not work. (c) All jiersons able to work, having no property to sup- port them, and who have n'o visible or known means of a fair, honest or reputable livelihood. The term “visible and known means of a fair, honest and reputable livelihood,” as used in this section, shall be construed to mean a reasonably continu- ous employment at some lawful occupation for reasonable com- pensation, or a fixed and regular income from property or other investment, which income is sufficient for the support and maintainnance of such person. (d) All able-bodied persons who habitually loaf, idle and loiter in this city, about the steamboat landings or railroad stations, or in other public places, for the larger portion of the time, without any visible means of support. An offense, under this paragraph shall be made out whenever it is shown that any person has no visible means of support and only occasion- ally has employment at odd jobs, being for the most of the time out of employment. (e) Persons trading or bartering stolen propert}^, or who unlawfully sell or barter any vinous, alcoholic, malt, in- toxicating or spirituous liquors. (f) Every common gambler or person who for the most part maintains himself by gambling. 205 (g) Every able-bodied person who shall go begging for a livelihood. (h) Every common prostitute. (i) Every keeper of a house of prostitution, every inmate thereof, and every person employed or residing therein. (j) Every keeper of a house of gambling or gaming. (k) ^ Every person who shall abandon his wife or family without just cause, leaving her or them without support, or in danger of becoming a public charge. (l) Every able-bodied person who lives without employ- ment or labor, and who has no visible means of support. (m) All persons wdio are able to work and do not Avork, but hire out their minor children, or alloAv them to be hired out, and live upon their wages. (n) All persons over sixteen years of age and under twenty one, able to work and who do not Avork, and have no property to support them, and have not some knoAvn visible means of a fair, honest and reputable livelihood, and Avhose parents or those in loco parentis are unable to support them, and who are not in attendance upon some educational insti- tution. Any person convicted as a vagrant shall be punished by a fine of not exceeding fifty dollars, or be imprisoned not more than one month, or both. It being shown that defendants, charged with being common pros- titutes, had no other means of support, did not work, but habitually arrayed themselves in the evening and sat on the front steps or strolled on the street and solicited men, who went into the house with them, when the doors would be closed, together with evidence of other like acts, a con\dction will not be disturbed. In such cases direct proof of guilt is not required; it may be inferred from circumstances. Peabody v. State, 72 Miss., 104. 273. Waterworks, Gas Companies, Electric Light Companies, to ren- der bill before charging damages. It shall be unlawful for any water Avorks company, electric light company, telephone company, or gas company engaged in business in the City of Vicksburg to charge or claim or collect damages or other penalty for failure to })ay bills Avlien due, whether it be refusal to alloAv discounts provided for by such company to secure prompt payment, or be a charge for damages in addition to the regular bills for light, Avater, or gas, until ten days after presenting to the debtor itemized bills for the amount due and affording such debtor an oppor- tunity at the time of such presentation of paying the same. 206 And any water works, electric light, telephone or gas com- pany engaged in business in said city which shall knowingly and wilfully violate this section shall on conviction be lined ten dollars for each offense. 274. Weapons; carrying concealed; penalty. (1103 ) If any person shall carry concealed in whole or in part any bowie-knife, dirk knife, butcher knife, pistol, brass or metallic knucks, slung-shot, sword, or other deadly weapon of like kind or description, he shall on convic- tion be fined not less than twenty five dollars nor more than one hundred dollars, or be imprisoned not more than one month, or both. An unloaded pistol is within the section. State v. Bollis, 73 Miss., 57. Whether a weapon is deadly is a question of fact. An indictment is not demurrable because the weapon is not specifically mentioned in this statute. State v. Sims, 80 Miss., 381. This section is constitutional, and under it one cannot carry a concealed weapon in his own home. Wilson v. State, 81 Miss., 404. Where the evidence on the trial of an accused for carrying a deadly weapon concealed showed that defendant had been threatened and the threats communicated to her, it is error to ignore the threats and instruct the jury to convict upon the belief that she carried the weapon concealed. Murdin v. State, 82 Miss., 507. 275. the same defenses. (1105 ) Any person charged with a violation of the last section may show as a defense : (a) That he was threatened, and had good and sufficient reason to apprehend a serious attack from an enemy, and that he did so apperehend; or (b) That he was travelling and was not a tramp, or was setting out on a journey and was not a tramp; or (c) That he was a peace officer or deputy in discharge of his duties; or ' (d) That he was at the time in the discharge of his duties as a mail carrier; or (e) That he was at the time engaged in transporting valuables for an express company or bank; or (f) That he was in lawful pursuit of a felon. And the burden of proving either of said defenses shall be on the accused. The ‘‘travelling or setting out upon a journey” in the statute means a travel of such distance as to take one beyond the circle of his friends and acquaintances. McGuirk v. State, 64 Miss., 209. 207 The pursuit of a fugitive daughter begun without knowing where it would lead to, is “travelling upon a journey. Haywood v. State, 66 Miss., 402. “Threatened with an attack^’ does not contemplate mere denuncia- tion, but menace such as to cause a reasonable apprehension of an attack that might properly be resisted mth a deadly weapon. Tipler v. State, 57 Miss., 685. Even if the accused be “threatened’’ and entertain the “appre- hension”, it will be no defense if he carried tlie w^^apon for some other reason, and for some other purpose. McGuirk v. State, supra. The threats must not be too remote. Ib. The statute makes the fact of carrying a weapon concealed criminal regardless of intent. Strahan v. State, 68 Miss., 347 ; See Wilson v. State, 81 Miss., 404. This section authorizes a deputy United States marshal, while execut- ing criminal process in this state and also in his distrct, to carry a con cealed weapon. State v. Williams, 72 Miss., 992. The statue requires the apprehension of bodily harm which consti- tutes a defense, to be the apprehension of great bodily harm. Strother v. State, 74 Miss., 447. The revised statutes of the U. S., Sec. 788 authorizes a deputy mar- shal executing criminal process in his district, to carry concealed weapons. State V. Williams, 72 Miss., 992. One threatened with an attack may lawfully carry a concealed weapon, although the attack be not threatened to be made at a particular time or on a particular occasion. Sudduth v. State, 70 Miss., 250. A person ceases to be a traveller within the meaning of this section when he reaches the point of his destination and engatjes a room at a boarding house or hotel, intending to stay an indefinite time and to return home only after the business for which he made the journey is completed. Eosman v. Okolona, 85 Miss., 583. 276. Weapon Forfeited; (1104: ) Upon the conviction of any person for carrying weapons concealed, the weapon shown in such case to have been carried concealed, in whole or in part, shall be forfeited to the state, and shall be forthwith publicly destroyed by the City Marshal. 277. the same ; not toi be given to minors or intoxicated persons. (1107 ) If any person shall sell, give, or lend to any minor, or person intoxicated, knowing him to be a minor or in a state of intoxication, any deadly weapon, or other weapon the carrying of which concealed is prohibited, or pistol cartridge, he shall on conviction thereof be fined not less than twenty-five dollars nor more than one hundred dollars, or be imprisoned not more than one month, or both. 278. the same; exhibiting deadly. (1110 ) If any person having or carrying any dirk, dirk knife, sword, sword-cane, or any deadly weapon, or other weapon the carrying of which concealed is prohibited, shall in 208 the presence of three or more persons, exhibit the same in a rude, angry or threatening manner, not in necessary self-de- fense, or shall in any manner unlawfully use the same in any fight or quarrel, the person so offending shall upon conviction thereof be fined not more than one hundred dollars, or be imprisoned not more than one month^ or both. In prosecutions under this section it shall not be necessary for the affidavit to aver, or for the prosecutor to prove on the trial, that any gun, pistol or other fire-arm was charged, loaded, or in a condition to be discharged. 279. the same; record to be kept. (1106 ) Every merchant or dealer or pawnbroker that sells bowie-knives, dirk-knives, pistols, brass or metallic knuckles or slung-shots or pistol or rifle cartridges, shall keep a record of all sales of such weapons or cartridges, showing the description of weapons and kind and calibre of cartridges so sold, the name of the purchaser, and the description of weapons and the quantity of cartridges and date of sale. This record shall be open to public inspection at any time to persons desir- ing to see it. The dealer who violates this section shall be guil- ty of a misdemeanor, and upon conviction shall be fined not less than five dollars nor more than twenty five dollars. 280. Weapons ; father not permit minor son to have. (1108 ) Any father who shall knowingly permit any son under the age of sixteen years to have or to own, or to carry concealed in whole or in part, any weapon the carry- ing of which concealed is prohibited, shall be guilty of a misdemeanor, and on conviction shall be fined not less than twenty five dollars, nor more than one hundred dollars, or im- prisoned not more than one month, or both. 281. the same; negro shooters, or sling shots; not to have. It shall be unlawful for any person to use in this city any sling-shot or negro-shooter, or other like contrivance for the purpose of projecting any stone, gravel, Bullet, shot or other missile. Any person violating this section shall upon convic- tion be fined not more than twenty-five dollars. 282. Pending prosecution. Be it further ordained that any ofiFense committed and penalty incurred previous to the time when this ordinance shall take effect, and any affidavits or prosecutions therefor pending at the time when this ordinance shall take effect, shall not be affected by its adoption ; but all such offenses, 209 penalties and prosecutions shall remain subject to the ordi- nances in force before the passage of this ordinance. 283. Repealing clause. Be further ordained that, subject to the conditions and exceptions set out in the preceding section of this ordinance, all ordinances or parts of ordinances in conflict with this or- dinance be and they are hereby repealed. 284. When to take effect. Be it further ordained that this ordinance shall take efiect and be in force from and after its passage Ordained this 13th day of May, 1907. II. J. TROWBRIDGE, City Clerk. Approved this 14th day of May, 1907. P. M. IIARDIXG, Acting Mayor. 14-Clty 211 INDEX TO Criminal Ordinance. SKCTION. Abandonment of family; vagrancy 272 Abatement; see nuisances. Abusive language 61 Adulterated food 3 Advertisement; pulling down 1 tacking on electric poles 2 indecent 171 Agents; labor 172 Animals ; butchers register 42 in city cemetery 57 cruelty to 6, 7, 11 loose mules not driven on Washington street 19 vicious not to run at large 25 glandered 8, 9 dead, hauled through streets 218 malicious mischief 10 certain, not kept in public view 12 pound provided for 13 to 18 dog tax 20, 21 dog catcher 22 dog catcher not interfered with 23 dogs, stray 24 hogs, not kept in city 26 not slaughtered in city .* 152 butchers not to sell flesh of certain 153 dead, removed 252 unhitched on street 260 on sidewalks 261 A ppearance bonds 37 Arrests, provisions respecting 27 to 36 Arsenic, to be mixed 194 Assault and battery 4 Assignation house... 196, 198, 199, 200 Automobiles, speed regulated 208 to show lights *. 209 212 B SECTION. Balls, public, regulations Barbed wire, not placed on street not placed on trees Bear fighting Beggars ; see tramps ; vagrants. Betting; see gaming. Bicycles to show lights not ridden on sidewalks Billiards, not played in dram shop Births, reported Blockading streets by railroads sidewalks by loafers Board of Health — beginning Bodies, dead, provisions respecting Boilers, in fire district Bonds, to cut unpaved streets to cut paved streets appearance carrier’s Break and enter to arrest Bribing an officer Buildings, unsafe Bull, see animals. Burglar’s tools, not to have Burial permits Burning trash on streets Butcher to keep register not to slaughter in city , not to sell certain flesh Buzzard, not to kill C Cabs, see hacks. Cannon crackers, prohibited Card playing, prohibited in dram shops... Cart license bond Cartridges, register of for toy pistols Cattle; see animals. Cemetery, city; provisions respecting see health, dead bodies, contagious. Certificate of death Cess pools; provisions Chief of Fire Department — police powers, inspect buildings ,38 to 40 250 251 6 233 234 69 135 ...210, 254 258 113 137 to 144 81 247 248 37 107 31 . 41 ...45 to 50 44 ....137, 138 165 42 152 153 95 69 106 107 279 193 54 to 57 136 145, 146 147 96 85, 87 213 SKCTION. Children to be vaccinated 130, 160 Children, certain, not sent to school 161 Cigarettes; etc., not sold to infants 51 City Physician ; burial permits 137 placard diseases 133 duties as to burial permits 138 general duties 151 See Health. Clothing, second hand 159 Clubs, not to be interested in gaming 105 Cocaine, how sold 58 physician’s certificate 59 Cock fighting 6 Collecting crowds, obstructing sidewalks 64 Combustibles, storage of 84 on streets 87 Compulsory vaccination ... 130 Contagious diseases; see health to be reported 132 placarded.. 133 dead bodies 140 dead bodies: how removed 139 dead bodies ; not carriod in hack 144 dead bodies ; two years 141 Corporations; how proceeded against 158 Cotton, seed ; not bought in night time 53 register 52 Cows ; see animals. Cow Catcher 14 Crossings; railroads not to obstruct ; 210 railroads to place lights 255 D Dance, public 38, 40 Dangerous animals ; see animals. Dangerous buildings 45 sidewalks 264, 265 Dead bodies 137 to 144 animals not hauled through streets 218 animals removed 252 Deadly weapon, exhibition 278 using on streets 97 record to be kept • 279 Deaths reported 136, 138 Dentists; examination of 176 Dice throwing in dram shop ; prohibited *. 69 214 SECTION. Discharging fire arms 60 fire works 94 Disorderly conduct ; general 61 at public ball 40 in dram shop 69 persons; hack not to carry 112 house 62 Disturbing the peace 61, 62, 63, 65 religious worship 66 Dogs; see animals. fighting : 6 tax on ; — licenses etc 20, 21 catcher 22 catcher not be interfered with 23 stray ; may be killed 24 stealing 175 Dram shop; general provisions 69 to 73 Drays ; license 106 bond 107 Druggists; cocaine 58 sale of alcohol 69 see poisons, morphine, opium. Drunkenness and profanity in public 67 in private 68 in dram shop 69 by public officer 187 E Election day ; liquors not sold 69 Electric poles, wires, etc.; provisions 219 to 232 poles; tacking advertisements on 2 cars; speed regulated i 256 Electric Light Company to render bills 273 Escapes ,32, 74, 75, 76 Explosives , disturbing peace 63 storage of 86 Exhibiting games 100 deadly weapons 278 F False rumors , originating 127 circulating 128 Family; disturbing peace of 63 Farcy ; see glanders. Fast riding or driving 263 Females prohibited in dram shops 69 215 SECTION. Fever; see health. to be reported 120, 121 •Fighting, cock ; etc 6 on street 97 prize 195 Fire alarm offenses 88 Firearms; discharging GO pointing 98 Fire District; defined 77 buildings in 78, 79, 80 combustibles in 84 general buildings , 85 Fire Department; interfering with 89, 90, 91 cisterns 93 police power to chief 96 false alarm 92 Fires; for prevention of, 87 Fire works ; discharging 94 Food; city physician to inspect 156 adulterated 3 certain meats not sold as 154 unsound 155 Forfeiture of bonds 37 weapon 276 Freight; quarantine 125, 126 Fumigating, etc ; 119, 123 Futures; dealing in forbidden 103, 10 G Gaming; provisons 99, 100, 101, 102 duties of officers 35 in dram shops 69 clubs not to be interested in 105 Garbage; can, slops, etc 245 Gates, Cherry street crossing 235, 236 not to open outwardly on street 251, (a) Glandered animals 8, 9 Goat; see animals. Goods not to be displayed on sidewalks. 212 Grass and weeds to be cut 126 Gunpowder; storage of 8S Gutters ; abutters owners to build 213, 214 platforms over, 215 across sidewalks 243 216 H SECTION. Hacks and public vehicles; license and bond 106, 107 rate 108 - penalty for overcharge 109 rate card posted inside 110 to exhibit lights Ill not to carry disorderly persons 112 not to carry certain dead bodies 144 Health; Board of, created 113 meetings 114 powers and duties 115 resisting 116, 117 notices 118 nuisances abated 119 physicians report fever 120 all persons report fever 121 medical inspectors 122 screening, fumigating, etc 123 establish quarantine 124 violation of quarantine , 125, 126 false rumors 127, 128 violators to leave town 129 compulsory vaccination 130 concealing infectious diseases 131 physicians report contagious diseases 132 placard contagious diseases 133 smallpox patients 134 births reported 135 deaths reported 136 burial permits 137 record of birth, deaths, interments 138 removal of bodies 139 infected bodies 140 certain bodies not removed within two years 141 seasons for removal of bodies 142 penalties 143 certain bodies not carried in hack 144 privies and cess pools 145, 146, 147 manure not dumped on streets 148 duties of health officer 149 nuisanses abated 150 duties of City Physician 151 animals not slaughtered in city 152 butchers not to sell certain flesh 153 certain meats not sold for food 154 unsound or putrid meats 155 217 Health — Continued. cit}’^ physician to inspect foodstuffs... proceedings against corporations second-liand clothing school children vaccinated certain children not to attend school infected house, not to leave infected goods, not to be removed Health officer; additional powers Hides ; butchers register junk house register offensive articles ; nuisances Hogs ; see animals. not kept in city Horses ; see animals. Houses, of prostitution Houses, to be numbered defacing number Hunting in city cemetery I Indian, liquors not sold to Indecent exposure swimming Indecent and obscene articles Indecent and obscene advertisements Infant not to lie about age Infectious diseases, animals concealing, etc. ; see health. Infected houses Infected goods Inspectors, medical Inspector; fire chief, buildings Inspector of foodstuffs Intoxicating liquors ; see dram shops Intoxicated person not to be given weapon J Jack ; see animals Jumping on and off trains Junk houses; regulations Labor agents, offenses Landing, public, obstructing, Language, abusive, etc Larceny, petit petit, dog stealing L SECTION, .. 150-157 158 159 100 101 102 103 240 42 109 170 20 190 237 57 69 , 05 , 106 , 167 166 168 171 73 9 162 163 122 85 , 87 156 , 157 09 277 ... 12 ... 203 109-170 ,. 172 .. 173 . 61 , 67 .. 174 .. 175 218 SECTION. Leaky mains, to protect from 257 License, dogs 20, 21 dram shop 69 dram shop, how avoided 71 dram shop, not issued for certain houses 71 doing business without 164 examination for professional 176 Lights, hacks to show Ill bicycles to show 233 railroads to place at crossings 255 Liquors, see dram shops 69 Loitering, see 89, 258 Lotteries, prohibited; tickets 177 M Mains, leaky 257 Malicious mischief; animal 10 trees, etc 179 public property 180 general 181 Marbles, not played on streets 249 Meats, unsound and putrid 155 see butcher ; health. Medical inspectors 122 Merchant not to display goods on sidewalk 212 Minors ; junk dealers not to buy from 169 tobacco, etc., not sold to 51 not permitted in dram shops 69 not to lie about age 73 not to have deadly weapon 277 father not to give weapon 280 to be vaccinated 130 Moneys exhibited for gamery forfeited 102 Morphine, sale of 182, 194 Mosquitoes ; see health 123 Mules ; see animals. not driven on Washington Street 19 Mulberry Street, railroad not to blockade 254 N Negro shooters prohibited 281 Nighttime; seed cotton not sold 53 Notices; see pound, 16; unsafe building, 47 ; prostitute, 198; side- walks, 213 and 214; see also health. Nude ; see indecent exposure. 219 SECTION. Nuisance ; unsafe building, 45-50; health, 118, 119, 149, 150; privies, 146, 147 ; hides, etc., 170; opium den, 185; liouse of prostitu- tion, 198, 199 ; platforms over gutters, 216 ; general, how abated, 150. Numbered, houses to be 237 Numbers, penalty for defacing 238 O Obscene articles 168, 188 Obstructions; see streets; sidewalks. Obstructing Fire Department 91 Officer; see arrest. bribing 41 resisting 205 personating 192 drunkenness by 187 Oils, storage of combustibles 84 Oiling, screening, fumigating; see health. Oleomargerine, imitations, etc 3 Opium, smoking 183 visiting den 184 nuisance abated 185 not to be sold 186 P Paved streets, not to be cut.... 248 Pawnbrokers, regulated 189-191 Pearl Street, railroad not to obstruct 254 Pending prosecutions ; saving clause 282 Permits; see public balls ; fire district; health. Permitting gaming 101 Personating officer 192 Pharmacist, examined 176 Physician, duties of city 133, 135, 136, 138, 151 see health. cocaine, certificate 58, 59 examined 176 Picking locks, pockets, devices for 44 Pistol, see weapons. toy, prohibited 193 Placarding contagious diseases 133 Poisons, how sold 194 Policemen, see arrests ; officers . duty of in gaming cases 35 not liable in making arrests 34 Pool playing, prohibited in dram shop 69 Poultry, see animals. 220 SEC'I’ION. Pound, provided for 14-18 Prisoners, to be attended by city piiysician 151 Privies; see healtli 145-146-147 Prize figiits prohibited 195 Procuring liquor for minor, Indian, etc 69 Profanity in public 68 Prostitution, keeping house of 196 house; suppression; owner 200 nuisance abated .199 Prostitutes, street walkers 197 removal of 198 Prowling 201 Public landing 173 property; malicious mischief 180 Pulling down advertisements 1 Pursuit; see arrest; escapes. Q Quarantine established (see health) 124 Violations of 125, 126 Violators to leave town 129 R Railroads; stealing ride 202 jumping on and off trains 203 not to obsruct crossings 210 procedure 211 not to block certain streets 254 lights at crossings 255 speed regulated 256 quarantine violations by 126 Receiving stolen goods 204 Register; butcher, 42; pawnbroker, 189 ; junk dealer 169 seed cotton, 52 : cocaine, 58; weapons 279 poison, 194; city physician 138 Religious worship, disturbing 66 Removal of dead bodies 139 to 144 unsafe buildings 48 prostitutes 198 obstruction Washington Street 242 Repealing clause 283 Reports; births, 135 , deaths, 136; pawnbroker 190 fevers and diseases 120, 121 Resisting Board of Health 116, 117 officer 205 Riding and driving, last 263 Rumors, false ; originating, 127 ; circulating 128 s SECTION. Sale, unclaimed aninals ; see pound. Saving clause ; pending prosecutions 282 Schools; children vaccinated 160 certain children not to attend 161 Screens, not permitted in dram shops 69 Screening, oiling, fumigating 123 Second hand clothing 159 Sewer, Washingon Street, not to be tapped 217 Sheep; see animals ; pound. Sidewalks, displaying goods 212 collecting crowds 64 Washington Street 239, 241 obstructions over 240 loafers on 258 dangerous 264, 265 gutters across 243 steps, houses, etc 244 games on 249 barbed wire 250 to be built or repaired 213 how cut and replaced 246 to be kept clean 247 bicycles not ridden on 234 animals and vehicles on 261 platform, not built over gutters 215 nuisance abated 216 slippery substances on 253 Siezure of gaming appliances 102 Signboards on Washington Street..... 239 Slaughtered, animals not to be in city 152 Smallpox, concealing (see health) 131 patient not to go abroad 134 Smoking opium prohibited 184 Snuff, not sold to infants 51 Speed, of automobiles, 208 ; trains, electric cars 256 Stable cleanings, not dumped on streets 148 Stallions; see animals 12 Stealing, ride on railroads 202 dog, petit larceny 175 Steamboats, quarantine violations by 126 Stolen goods, receiving 204 Street walkers 197 Streets (see also sidewalks; health). animals on 12-18 barbed wire not placed next to 250 barbed wire not placed on trees 251 222 SECTION. Streets, loose mules on Washington 19 fighting on 97 stable cleanings 148 health officers to inspect 149 railroads not to obstruct crossings 210 burning trash on 165 dead animals hauled on 218 Cherry Street crossing 235, 236 Signboards on Washington 239 obstructions across Washington 241 removed 242 garbage, slops, can 245 health officer may have cleared 246 unpaved, how cut 247 paved, how cut 248 games not played on 244 gates built on 251(a) dead animals, removed 252 slippery substances on 253 railroads not to blockade 254 railroads, to place lights 255 leaky mains 257 loafers blockading 258 racing and shooting 259 animals unhitched 260 vehicles standing on 262 fast riding and driving 263 obstructing fire department on 91 crowds obstructing 64 Sunday, closing; general 206 exceptions 207 liquors not sold on 69 Surveys submitted... 266 Swimming; exposure 166 Swindling devices 44 Swine; see animals; pound. not kept in city 26 T Telegraph and telephone, poles and wires 219-232 tacking signs on 2 Telephone companies to render bills 273 Tobacco, not sold to infants 51 Tools, burglars’ 44 Tops, not played on streets 249 Tramps 267, 268, 269 223 SKCTION. Trash, burning on streets 165 see garbage. Trees, malicious mischief 179 Trespass, wilful and malicious 270 U Unclaimed animals ; see pound 13-18 dogs 22 Unlawful cohabitation 271 Unpaved streets, how cut... 247 Unsafe buildings 45 V Vaccination, compulsory... 130 city physician’s duty 151 school children 160 Vagrants 272 Vehicles, public ; license, bond, rates 106 to 112 unhitched on streets 260 on sidewalks 261 move on 262 Vicious animals...., 25 Visitors city cemetery 54 W Wagon; license, bond 106, 107 Warrant; see arrests. Washington Street; see streets ; sidewalks; sewer; signboards. Water closets; see health; privies; nuisances. Water w'orks company to render bills 273 leaky mains 257 Weapons; tramps carrying 269 concealed 274 concealed ; defense 275 forfeited 276 not given to minors, etc 277 exhibiting deadly 278 father not permit minor son to have 280 negro shooters prohibited 281 register of 279 using on streets 97 Wires, electric; regulated 219-232 Worship, disturbing public 66 Y Yellow fever ; (see health.) concealing 131 fi